Articles Posted in Top Immigration Stories

More than a million of the highest-qualified and best-trained Britons have gone to live abroad and are contributing to the wealth of other countries, a report found yesterday.

They have made up more than half of the British emigrants who have gone abroad over the past 14 years to work in countries including America, Australia, or, increasingly, Germany, it found.

The report from the immigration think tank MigrationWatch warned of a new brain drain and said that no other country loses as many university graduates through emigration.

The analysis of who is going abroad comes at a time when numbers of people leaving the country to live abroad have plummeted, mainly thanks to the recession. At the same time levels of immigration have remained at sky high levels. As a result net migration – the number of people added to the population by migration – last year totalled 239,000, the second highest total ever.

The new report said that professionally qualified workers and experienced managers continue to make up the majority of emigrants from Britain, numbering more than 50,000 in 2009.

It put the number of British graduates working abroad at 1.1 million, and added many will stay away permanently.

Citing the verdict produced by the Paris-based grouping of rich nations, the report said: ‘This is consistent with the findings of the Organisation for Economic Co-operation and Development that the UK suffers from a brain drain less serious only than Mexico whereby a significant proportion of its tertiary level educated go overseas to work.

The report said the need to import engineers means that British companies may be paying too little for highly qualified staff.

The UK Border Agency Shortage Occupation list includes civil engineers, mechanical engineers and electrical engineers among others. It said, perhaps suggesting that UK companies are not paying sufficiently well to keep the brightest and the best. Despite the NHS claiming to be reliant on migrant labour, 27 per cent of our skilled emigrants had a health or education degree.

The UK Border Agency has completed its review of the criteria to become a Highly Trusted Sponsor (HTS) under Tier 4 of the points-based system. We are now inviting comments on the proposed new criteria. From April 2012, all Tier 4 sponsors must obtain HTS status. By the end of 2012, they will also need to have been inspected, audited or approved by one of the educational oversight bodies specified by us.

In April 2011, we committed to review the criteria to become a Highly Trusted Sponsor. We have now completed this review, and the proposed new criteria are set out below.

– Mandatory requirements – all must be passed
– Minimum qualifying period 12 months, with the last 6 months as an A-rated sponsor
– Minimum period with no civil penalties 3 years
– Refusal rate 90 per cent
– Course completion rate More than 85 per cent
– Declaration of progression 100 per cent
– No serious concerns (Linked to the new visiting officer report)
Core measurable requirements start with 100 points; must score 70 or above.

To become a Highly Trusted Sponsor, you must pass each of the mandatory requirements. You will then be assessed against the core measurable requirements, with points deducted according to a sliding scale.

For example, a sponsor meets all the mandatory requirements and has an 18 per cent refusal rate, a 94 per cent enrolment rate and a 92 per cent course completion rate. They are deducted 20 points for the refusal rate, 10 points for the enrolment rate and a further 10 for the course completion rate, losing 40 points in total. This leaves a score of 60 points so their application is refused.

If you fail on one or more mandatory requirements, you will become a legacy sponsor. You will not be able to sponsor new students, and your licence will be revoked from April 2012.

Sponsors failing on the core measurable elements may reapply after 3 months.

All education providers who wish to begin or continue to sponsor students from outside Europe must apply for HTS status by a date to be specified, and must obtain HTS status by April 2012.

Sponsors who currently have HTS status will need to apply up to a month before their current status expires. For the current renewal process and guidance, see our How to apply as a Highly Trusted Sponsor page.

Sponsors who do not already meet the accreditation requirements must also apply to Quality Assurance Agency for Higher Education (QAA) or the Independent Schools Inspectorate (ISI) by 9 September 2011. We published further information about the enhanced role of QAA and ISI in a news story last month.

Since 21 April 2011, all independent schools with an ‘A’ rating and appropriate accreditation are automatically awarded HTS status. Independent schools with a ‘B’ rating are given HTS status, if they have the appropriate accreditation, as soon as they become A-rated.

New independent schools are given HTS status immediately, if they are A-rated and have the appropriate accreditation.

If you were registered after 1 March 2011 with a zero CAS limit, you will be given 50 per cent of your requested CAS allocation and must apply for HTS 12 months after receiving your licence, providing you have been A-rated for the last 6 months.

Any sponsor who misses either application deadline will become a legacy sponsor, unable to sponsor any new students. Their licence will then be revoked in April 2012.

Sponsors who achieve or successfully renew HTS status will be subject to an interim CAS limit until they have obtained satisfactory educational oversight (EO) inspection.

U. S. Citizenship and Immigration Services (USCIS) today announced it will no longer offer parole to Lautenberg category members who are denied refugee status in Moscow. Individuals who have been offered parole by USCIS in Moscow must make plans to arrive in the United States by Sept. 30, 2011.

A provision of the Lautenberg Amendment to the Foreign Operations Appropriations Act allows certain individuals who are paroled into the United States after being denied refugee status to adjust to lawful permanent resident status after being physically present in the United States for one year. Within the Moscow program, this provision is limited to only those refugee applicants from countries that made up the former Soviet Union who meet the Lautenberg criteria.

Congress has not extended this Lautenberg Amendment provision, which expires after Sept. 30, 2011.

Legislation cracking down on crooked immigration consultants will come into force on June 30, 2011, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

At the same time, oversight of the consultant community is being turned over to the newly created Immigration Consultants of Canada Regulatory Council (ICCRC). “The Government of Canada has promised to crack down on crooked immigration consultants and their shady practices, and with Bill C-35, we now have the tools,” said the Minister.

Bill C-35 strengthens the rules governing those who charge their clients for immigration advice or representation, making it an offence for anyone other than an accredited immigration representative to conduct business, for a fee or other consideration, at any stage of an application or proceeding. It also increases penalties and fines for unauthorized representation and allows for more government oversight in order to improve the way in which immigration consultants are regulated.

With the designation of the ICCRC as the regulator of immigration consultants, consultants who are currently members in good standing of the Canadian Society of Immigration Consultants (CSIC) can begin to register with the ICCRC on June 30, 2011.

Immigration representatives must be either members in good standing of a provincial or territorial law society, including paralegals; members of the Chambre des notaires du Québec; or members of the governing body for immigration consultants.

A 120-day transitional period will be put in place to ensure a smooth transition and continuity of service for both CSIC members currently in good standing and their clients during the transition to the ICCRC. The transition period will end on October 28, 2011.

After a notice was published on March 19, 2011, in the Canada Gazette, Part I, proposing the ICCRC be designated the regulator of immigration consultants, over 70 percent of the public comments received during the 30-day consultation period supported the proposal to establish a new regulator of immigration consultants.

US Dept. of State has issued following notification:
We regret to inform you that, due to a computer programming problem, the results of the 2012 Diversity Lottery that were previously posted on this website have been voided. They were not valid and were posted in error. The results were not valid because they did not represent a fair, random selection of entrants, as required by U.S. law.

If you checked this website during the first week in May and found a notice that you had been selected for further processing or a notice that you had not been selected, that notice has been rescinded and is no longer valid.

A new selection process will be conducted based on the original entries for the 2012 program.

If you submitted a qualified entry from October 5, 2010 to November 3, 2010, your entry remains with us. It will be included in the new selection lottery. Your confirmation number to check results on this website is still valid.

We expect the results of the new selection process to be available on this website on or about July 15, 2011. We regret any inconvenience this might have caused.

Albania has signed a visa-waiver agreement with Taiwan, becoming the 115th country to do so, the Ministry of Foreign Affairs (MOFA) announced Friday in a press statement.

Effective immediately, Taiwanese passport holders visiting the European country for less than 90 days will not need apply for tourist visas, making travel more convenient for the local population, said MOFA spokesman James Chang. Asked how many Taiwanese people actually visited Albania last year, Chang said only: “Not many.”
Albania is the 115th country or territory to grant visa-free access or landing visa privileges to Taiwanese citizens, according to MOFA.

According to Chang, the agreement is significant for Taiwan because Albania used to have a “very close relationship” with China. Albania has proposed several times to exclude Taiwan from the United Nations and has maintained a friendly relationship with China for a long time.

Taiwan lost its U.N. membership in 1971 and has since been unsuccessful in its attempts to rejoin the international body.

On 1 July, the Lithuanian-Belgian agreement comes into force, under which Belgium will represent Lithuania when issuing Schengen visas in Burundi, Democratic Republic of Congo, Nigeria and Rwanda.

This agreement will facilitate travelling to Lithuania, because foreign citizens of the countries, in which Lithuania will be represented by Belgium and where there are no Lithuanian diplomatic representations, will be able to contact the Embassy of Belgium for visas to travel to Lithuania.

The agreement that was signed in Vilnius on 21 June by Lithuanian Vice-Minister of Foreign Affairs Asta Skaisgirytė Liauškienė and Belgian Ambassador to Lithuania Christian Verdonck will also come into force on 1 July. The agreement provides that in Kinshasa, the capital of the Democratic Republic of Congo, foreign nationals shall be able to submit applications for Schengen visas to Lithuania at a common centre that accepts applications for the issuance of Schengen visas. Lithuania has signed similar agreements of representation with Austria, Denmark, Estonia, Finland, Germany, Greece, Hungary, Latvia, Norway and Slovenia.

Currently, Lithuania is represented in the sphere of visa issuance by 22 Schengen countries in various regions of the world. Lithuanian diplomatic missions and consular posts represent other Schengen countries in eleven foreign countries.

The U.S. Embassy in Brasilia, along with the U.S. consulates in Sao Paulo, Rio de Janeiro and Recife, will open on Saturday, June 18, to accommodate Brazilian travelers seeking visas to visit the United States. U.S. consulates in Rio de Janeiro and Sao Paulo will also open on July 23. All appointment openings for visa interviews were rapidly filled.

Trade, commerce, education, and tourism between Brazil and the United States have grown dramatically over the past several years. This has fueled a 230 percent increase in Non-Immigrant visa (NIV) demand in Brazil since 2006. In 2010 alone, the U.S. consulate general in Sao Paulo issued more than 319,000 NIV’s – more than any other post worldwide. This demand is expected to continue and even increase by up to 30 percent over last year.

About 95 percent of all Brazilian visa applicants receive visas, and most visas issued are the new combined B1/B2 for business and tourist travel with ten-year validity.

UK Immigration Minister Damian Green has announced the next set of changes to the Immigration Rules affecting Tier 4 – the student tier – of the points-based system. The has been laid in Parliament today. The changes will come into effect on 4 July 2011.

The Home Secretary announced changes to the Immigration Rules in a statement to Parliament on 22 March, following a major public consultation on reforming Tier 4. The first set of changes came into effect on 21 April.

The aim of the revised Immigration Rules is to deliver a strong migration system which tackles immigration abuse, while allowing genuine students to study at genuine colleges.

From 4 July we will:
– Restrict work entitlements to migrants studying at higher educational institutions (HEIs) and publicly funded further education colleges only;
– Restrict the sponsorship of dependants to those studying at postgraduate level at HEIs on courses lasting at least 12 months, and government-sponsored students on courses lasting at least 6 months;
– Require education providers to vouch that a new course represents genuine academic progression;
– Ensure that maintenance funds are genuinely available to the applicant, by introducing a declaration on the visa application form;
– Commit to publish a list of financial institutions that we consider, on the basis of experience, do not verify financial statements to our satisfaction in more than 50 per cent of a sample of cases;
– Introduce a streamlined application process for low-risk nationals applying to attend courses with Highly Trusted Sponsors;
– Extend the list of courses for which students must receive ATAS clearance;
– Restrict the ability to deliver accountancy courses accredited by the Association of Chartered Certified Accountants (ACCA) to those sponsors accorded platinum or gold status by ACCA; and
– Clarify the position of overseas universities with campuses in the UK.

Migrants coming to the UK to work on temporary visas will no longer be able to apply for settlement, under proposals announced by the government today.

The government is implementing reforms to the immigration system which will reduce the level of immigration to sustainable levels. Today’s announcement is the next step in this process.

Launching a public consultation on reforms to the work routes leading to settlement, Immigration Minister Damian Green set out plans to re-classify visas as either ‘temporary’ or ‘permanent’ and introduce stricter criteria for those who want to stay.

Immigration Minister Damian Green said:
‘The proposals I am making today are aimed at breaking the link between temporary and permanent migration.

‘Settlement has become almost automatic for those who choose to stay. This needs to change. The immigration system has got to be made to work properly.

‘We want the brightest and best workers to come to the UK, make a strong contribution to our economy while they are here, and then return home.’
Under the current system, many workers are allowed to apply to stay here permanently. In 2010, 84,000 people who entered the UK for employment were granted settlement. This compares to less than 10,000 who qualified for employment related settlement in 1997.

The government has already implemented new settlement requirements for skilled workers entering under Tiers 1 and 2 of the points-based system, which require applicants to demonstrate English-language proficiency, continue to meet the salary requirements and to pass a new criminality test.

Key proposals under consideration in the 12 week consultation are as follows:
– Re-branding Tier 2 (the skilled worker route) as temporary, ending the assumption that settlement will be available for those who enter on this route;
– Allowing certain categories of Tier 2 migrant, for example those earning over £150,000 or occupations of a specific economic or social value to the UK, to retain an automatic route to settlement;
– Creating a new category into which, after three years in the UK, the most exceptional Tier 2 migrants may switch and go on to apply for settlement;
– Allowing Tier 2 migrants who do not switch into a settlement route to stay for a maximum of five years with the expectation that they and any dependants will leave at the end of that time;
introducing an English language requirement for adult dependants of Tier 2 migrants applying to switch into a route to settlement;
– Restricting the maximum period of leave for Tier 5 Temporary Workers to 12 months; and
closing or reforming routes for overseas domestic workers.

Damian Green added:
‘A small number of exceptional migrants will be able to stay permanently but for the majority, coming here to work will not lead automatically to settlement in the UK.’
The Government has committed to reforming all routes of entry to the UK in order to bring immigration levels under control. The settlement, Tier 5 and overseas domestic worker reforms will work alongside the annual limit, the new student visa reforms and changes to the family route which will be consulted on later this year.