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The Immigration Minister Damian Green has reaffirmed the importance of tackling abuse of the family migration route, and promoting better community integration for those who come to live permanently in the UK.

In a speech at the Centre for Policy Studies on the 15 September, the Minister highlighted research that supports the government’s proposals on family migration. The proposals which are currently being consulted on, will prevent the family route being used to bypass our immigration laws, while welcoming those who want to make a life here with their family and contribute to their local community.

Reports on family migration to the UK show:
two-thirds of a sample of those granted a marriage visa in 2009 had never visited the UK before deciding to move here permanently; the proportion of people entering on family visas who settle here permanently varies hugely by nationality – of the family migrants granted a visa in 2004, 8 out of 10 from Bangladesh and Pakistan had settled here permanently within 5 years, compared with just 10 per cent of Australians; 20 per cent of a sample of sponsors of marriage visa applicants were either unemployed or had an income below the national minimum wage; 37 per cent of sponsors from the sample were living with family members or friends; and in 2009-10, the Department for Work and Pensions spent £2.6 million on telephone interpreting services and nearly £400,000 on document translation. Immigration Minister Damian Green said:
‘These are sensitive issues which have been ignored for far too long but ones we are determined to tackle.

‘We want a system that lets everyone know where they stand and what their responsibilities are. If your marriage is not genuine, if you have no interest in this country and its way of life, if you are coming here to live off benefits, don’t come in the first place.

‘That is why our focus is on delivering better family migration – better for migrants, for communities and for the UK as a whole.’
Plans to reform family migration are outlined in an ongoing consultation which includes proposals to:
– define more clearly what constitutes a genuine marriage for the purposes of the immigration rules to help identify sham and forced marriages;
– introduce a minimum income threshold for those sponsoring family migrants to ensure they are supported at a level that helps integration;
– extend the probationary period before spouses and partners can apply for settlement in the UK from 2 years to 5 years to test the genuineness of relationships and to encourage integration into British life before settlement is granted; and
– require spouses, partners and adult dependants aged under 65 applying for settlement to be able to demonstrate that they can understand everyday English.

In 2010, family migration accounted for around 18 per cent of all non-EU immigration to the UK. In 2010, 48,900 visas were granted to spouses, partners and dependants of British citizens and those with permanent residence in the UK.

Early findings from the consultation launched in July 2011 show broad public support for many of the changes the government has proposed. The great majority back the proposed requirement that spouses and partners must have to understand everyday English before being allowed to settle here permanently.

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U.S. Citizenship and Immigration Services (USCIS) reminds eligible widow(er)s that October 28, 2011 is the deadline for filing a Form I-360 visa petition.

If you are the widow(er) of a U.S. citizen who died before October 28, 2009 you may be eligible to immigrate to the United States if:
– You and your deceased spouse were married for less than 2 years when your spouse died and
– You file Form I-360 for Special immigrant classification as a widow/widower by October 28, 2011. See section 568(c) of Public Law 111-83 for more information.

USCIS must receive your Form I-360 by October 28, 2011. Since you must file Form I-360 by mail or overnight courier, please be sure to ship it in time for USCIS to receive it no later than October 28, 2011.

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The procedure for obtaining Schengen visas to Poland has been greatly facilitated for Ukrainian citizens recently, according to the newspaper Delo.

A letter from work with information about pay and holidays, a bank certificate and a copy of the work record card have been excluded from the list of documents required for obtaining visas. This applies to both reusable business (just the original letter of invitation is enough) and travel (only a partially paid hotel reservation is enough) visas. Now it is necessary to submit only a passport, application form, photo, insurance and paid hotel reservation (or a letter of invitation).

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Citizenship, Immigration and Multiculturalism Minister Jason Kenney today called on the Canadian Society of Immigration Consultants (CSIC) to do its utmost to ensure a smooth transition to the Immigration Consultants of Canada Regulatory Council (ICCRC), the new regulator of immigration consultants.

“The ICCRC is the designated regulator of immigration consultants under the Immigration and Refugee Protection Act (IRPA) and it is crucial that all parties involved make sure that there is no confusion about who now regulates immigration consultants,” said Minister Kenney.

On June 30, 2011, after a public consultation process, the ICCRC was designated, by regulation, as the new regulator of immigration consultants, replacing CSIC. These regulations also state that all CSIC members who were members in good standing on June 30 are now deemed to be members of the new governing body, the ICCRC, until October 28, 2011. During this 120-day transition period, these CSIC members are not required to pay fees to the ICCRC, which will provide them with ample time to register with the new regulator.

CSIC has filed an application before the Federal Court for a judicial review of the decision to designate the ICCRC as the regulator of immigration consultants and this hearing will be held in October. In the meantime, Minister Kenney urges CSIC to in no way hinder the ICCRC’s work.

Under IRPA, membership in CSIC is no longer required for individuals wishing to practise as immigration consultants under federal jurisdiction. The ICCRC, as the new governing body, is able to determine whether an individual, other than someone who was a member in good standing of CSIC as of June 30, 2011, may become a member of the ICCRC. If CSIC members are uncertain of their status, Citizenship and Immigration Canada (CIC) encourages them to contact the ICCRC.

Minister Kenney also took the opportunity to remind CSIC that it would be in the public interest for this organization to act in good faith and transfer all relevant documents to the ICCRC, including all previous, outstanding and ongoing complaints and discipline matters related to their membership.

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USCIS is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning today, Form I-924 applicants will be able to communicate directly with USCIS adjudicators via e-mail in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process. The Form I-924 is the Application for Regional Center Under the Immigrant Investor Pilot Program. Information on how direct e-mail communication will work can be found in our Questions and Answers document.

USCIS intends to monitor the progress of this new line of communication to assess whether changes are needed and to implement any required changes on a real-time basis. If you have feedback in response to your use of the direct line of communication for the Form I-924, please submit your comments to opefeedback@uscis.dhs.gov.

USCIS is eager to implement all of the proposed enhancements to the EB-5 program that it first announced on May 19, 2011. USCIS is currently exploring how it can accelerate the implementation of premium processing, which customarily takes months due to the need to revise the applicable forms. USCIS is currently hiring economists and other experts that will enhance and accelerate the adjudication process and also help constitute the Decision Board that was first described on May 19.

Implementation of enhancements to the EB-5 program is a high priority for USCIS. Director Alejandro Mayorkas will provide more information about the status of the proposed enhancements and other action items for this program in his first Conversation with the Director this Wednesday, September 14, and in the national stakeholder engagement on Thursday, September 15.

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The Department of State released the lasted visa bulletin for October 2011 on September 9, 2011.

For the month of September 2011, the EB-1 category was still current for nationals all over the world. In EB-2 category, the cut-off dates moves forward from April 15, 2007 to July 15, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from July 15, 2004 to August 8,2004 for Chinese Mainland nationals and moved forward from July 8, 2002 to July 15, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, although applicants are getting more and more, the visa number now is still current.

It is imperative that you consult with a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. In essence, the USCIS memo breaks the EB-1 evaluation process up into two parts:
1) Evaluating whether the applicant meets the baseline criteria for the immigration category and
2) determining whether the applicant’s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavour.

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The Republic of Kenya has opened its embassy in Oman in an apparent move to strengthen its bilateral relations and for attracting leisure tourists from the Sultanate.

Kenya’s Charge d’Affairs Yabesh O Monari said that although the embassy recently started its operation at Shatti al Qurum, a formal inauguration will be held sometime next month, when cabinet ministers from Kenya visit Oman,
“Since we opened in April, we have issued about 900 visas, 700 for Omanis and 200 for expatriates,” he said, adding, “The demand for Kenyan visas is rising steadily. The embassy now issues visas instantly upon application.”
Monari said people of both countries share a unique historical relation that dates back to several centuries. Swahili is widely spoken in Oman. In Kenya, Swahili is the official language and Muscat and Mombasa share a lot in common, he added. Monari said Kenya offers a unique and unforgettable experience for tourists, especially for those who love wildlife tourism. “Kenya has a total of 54 national parks and reserves. Kenya is one of the world’s leading travel destinations thanks to its scenery, magnificent wild life, sports and pleasant year round climate.”
A spectacular annual event that has been recognised as one of the wonders of the world is the biggest migration of large mammals. In July every year, over 1.5 million wild beasts migrate from Serengeti plains in Tanzania to fresh pastures in the Masai Mara before going back in October.

A Kenyan safari is an African experience, combining animals in the plains, the beaches in Mombasa, Rift Valley and Malindi.

Referring to the procedures for getting a visit visa to Kenya, he said Omani visa applicants have to submit their application, along with a copy of identify card and passport, passport-size photographs and a fee of RO20. For expatriates, apart from these necessary documents, the embassy needs a letter from
the employer.

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The Government of Canada is offering a new tip line through the Citizenship and Immigration Canada (CIC) Call Centre where tips on suspected citizenship fraud cases may be reported, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

“Canadian citizenship is not for sale. I encourage anyone who has information regarding citizenship fraud to call our tip line,” said Minister Kenney. “My department will ensure that all tips are investigated and that appropriate action is taken.”
Cases involving false representation, fraud or knowingly concealing material circumstances in the citizenship process – for example, pretending to be present in Canada to meet the residence requirements for obtaining citizenship – should be referred to the citizenship fraud tip line at CIC’s Call Centre at 1-888-242-2100 (in Canada only, 7:00 a.m. to 7:00 p.m. Eastern Time, Monday through Friday). Those overseas can contact the nearest Canadian visa office. Tips may also be reported by e-mail at Citizenship-fraud-tips@cic.gc.ca.

All other types of fraud tips related to immigration should be reported to the Canada Border Services Agency’s (CBSA) Border Watch Tip Line at 1-888-502-9060. The CBSA is responsible for enforcing the provisions of the Immigration and Refugee Protection Act.

To date, CIC has identified approximately 2,000 people from over 100 countries who may have obtained Canadian citizenship fraudulently, many by using the services of crooked consultants to misrepresent their residence in Canada. CIC is taking steps to revoke citizenship from those who obtained it fraudulently, where allowed by the evidence.

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The Obama administration has decided to add the Republic of South Sudan to the list of countries included under the Temporary Protected Status (TPS) program. The move comes as South Sudan gained its independence last July and the United States swiftly recognised it. Southern Sudanese voted almost unanimously in favour of secession from the North earlier this year.

Sudan was initially designated for TPS in 1997 and Washington kept extending it throughout the years. The current designation expires next November. The Department of Homeland Security (DHS) is expected to announce extension of TPS for Sudan as well. All citizens of South Sudan who entered the US on or before the TPS designation is officially published will qualify regardless of their visa status. However, only Sudanese citizens who entered the country on or before October 7, 2004 will be covered by TPS extension.

TPS is a temporary immigration status granted to nationals of designated countries as part of the US Immigration Act of 1990. The US Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions.

During the period for which a country has been designated under the TPS program, the registrants are allowed to remain in the United States and obtain work authorisation and may not be deported unless they commit certain crimes. However TPS does not lead to permanent residence in the US which is better known as the ‘green card’. Several bills in the US Congress to grant permanent residence to some TPS beneficiaries have stalled.

Currently nationals of Burundi, Haiti, El Salvador, Honduras, Nicaragua and Somalia are also covered by the program.

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The Department of Immigration and Citizenship (DIAC) today announced the release of the submission guidelines for Enterprise Migration Agreements (EMA), to assist project owners and prime contractors on eligible resources projects.

The guidelines contain all the necessary information for those who wish to make a submission for an EMA. The agreements are a new migration initiative that will allow major resource projects to gain access to overseas skilled workers for genuine vacancies that cannot be filled from the Australian skilled labour market.

“Now that the submission guidelines have been released, eligible projects will be able to make submissions for access to an EMA,” a departmental spokesman said.

“The agreements are available to resource projects which have been approved by the relevant state or territory government with capital expenditure of more than $2 billion and with a peak workforce of more than 1500 workers.”
The spokesman said the EMA program would ensure that skills shortages do not put constraints on major resource projects and jeopardise Australian jobs.

“Access to overseas skilled workers will ensure the workforce needs of major resource projects are met, realising the economic and employment benefits of the projects,” the spokesman said.

“Overseas workers will only be supplementary, with resources projects required to demonstrate effective and ongoing local recruitment and training efforts.”
The policy settings in the guidelines reflect extensive consultation with relevant industry, unions and government stakeholders. The department has committed to negotiating the agreements within three months from the time a project owner submits a complete request.