by

The decision to block the new UK immigration restrictions, introduced by former Home Secretary Alan Johnson, has been welcomed by language schools across the country.Rules that would have prevented UK student visa holders moving to the UK unless they had sufficient language skills, have been overturned by a judge.

The ruling came from Mr Justice Foskett, who criticised the fact that the new rules were to be established through changes to existing guidelines. He concluded that the rules should have been legally binding, which would have required them to be approved by parliament.

English UK, a group that represents 440 language schools around the UK, is celebrating the ruling. The group’s chief executive, Tony Milns, said, “We believe that his decision is good for the UK economy, to which the English language sector contributes about £1.5 billion in foreign earnings each year.”
Home Secretary, Theresa May, may choose to make if she still wants to introduce measures to prevent people abusing the UK student visa system. She can either remake Alan Johnson’s rules and make sure the are approved by MPs before being introduced, or she can postpone any changes until the effects of her new cap on non-EU UK immigration are established.

by

The fees for US visa applications have changed for the second time this year. As a result of the changes announced by the US Department of State, US visa applications for immigrants sponsored by immediate family, will now cost $330. Visa applications on employment-based cases, i.e applications for US work visas, will see fees increase to $720.

The fee changes, which are chargeable from yesterday (13 July 2010) affect all 301 US foreign consular offices as well as other passport and US visas offices serving US citizens. Other visa fee changes were announced on 4 June this year. The increase in fees has been introduced to make sure the rising cost of providing consular services can be met, according to press releases sent to all consular offices.

The changes are the result of an exhaustive cost of service study, which was carried out last summer. The study developed a clearer picture of the cost to the US immigration department of providing its services. The department says it is keen to make sure that costs are met by the service users, rather than by the US taxpayer.

by

Canadian immigration feels that that the investment requirements are too low. The investment requirements have not changed for more than ten years. The current system attracts more applicants than are required each year under the immigration plan. This has resulted in an increase in processing times. Canadian immigration intends to significantly increase the investment requirements for the immigrant investor program:
* A personal net worth of $1.6M instead of $800,000
* An investment requirement of $800,000 instead of $400,000
Immigration Minister Kenney said: “Canada needs investor immigrants.These changes are necessary to keep Canada’s program competitive with that of other countries, and keep pace with the changing economy.”

by

UK Immigration has confirmed that the permanent limit on Tier 1 (General) applications under the points based system will start in April 2011. The interim limit on Tier 1 (General) visas will start on 19 July 2010.

Following are the major changes to the Tier 1 visa system:
* The passmark for the Tier 1 visa (General) will increase from 95 to 100 points from 19 July 2010 for many applicants. This will mean that fewer people will qualify for the Tier 1 (General) visa from 19 July 2010. Further details of people who do not have to come under the higher passmark can be found below.

* There will be a monthly interim limit on Tier 1 (General) visas from 19 July 2010. If in any one month your application is received after the limit is reached you will have to wait and your application will then be considered under the limit for the following month. The good news is that many people are excluded from this limit. Please see further details below.

* If you are already in the UK under the Tier 1 (General) visa and are applying for an extension or you are in the UK under another immigration category and wish to switch to Tier 1 (General) you will not come under the interim limit.

* If you are in the UK in any of the following categories and wish to extend your stay or switch to Tier 1 (General), you will only need to gain the lower points score of 95 points:
– Tier 1 (General)
– Highly Skilled Migrant Programme
– Writers, Composers and Artists
– Self-Employed Lawyers
* If you wish to come under the Investor, Entrepreneur and Post-study work categories of Tier 1 you will not come under the interim limit. There will be no limit on the number of applications that can be made.

* If you are in the UK in an immigration category not mentioned above for example Tier 1 (Post-study work) or Tier 2 visa then you will have to gain the higher 100 points to be able to switch into Tier 1 (General).

* If you are applying for entry at a British Embassy or Consulate from outside the UK you will have to gain the higher 100 points to come under Tier 1 (General).

Hence, if you are affected by the changes in the Tier 1 (General) points system and new Tier 1 limit you should consider applying before 19 July 2010.

by

Indian professionals took the largest one-third piece of the H1B visa pie in 2009 as Indians made up the second largest group of people making the U.S. their temporary home. Accounting for one-tenth of non-immigrant residents in the U.S., 364,757 Indians were only second to the Mexicans who made up 11.7 percent at 403,793, but 123,002 H1B visa holders from India gave them the largest 36.3 percent share among professionals.

Resident non-immigrant admissions from India actually declined from 425,826 (11.5 percent) as the total decreased 6.8 percent from 3.7 million in 2008 to 3.4 million in 2009, according to the annual flow report issued by the Department of Homeland Security.

H1B admissions from India too declined from 154,726 (37.8 percent) as the total decreased 17 percent from 409,619 in 2008 to 339,243 in 2009, but student admissions rose 3.8 percent from 2008 to 2009, reflecting an increase in academic student entries (F1). The leading countries of citizenship for resident non-immigrant admissions to the US in 2009 were Mexico (12 percent), India (11 percent), Japan (6.6 percent), Canada (6.4 percent), China (5.8 percent), Britain (5.6 percent), and South Korea (5.6 percent). These seven countries accounted for more than 50 percent of resident non-immigrant admissions to the US.

From 2008 to 2009, decreases in resident admissions occurred among eight of the 10 leading countries of citizenship with the decrease from India (14 percent decrease) attributable to workers in specialty occupations, the report said. The leading countries of citizenship for H1B admissions in 2009 were India (36 percent), Canada (6.5 percent), Britain (4.3 percent) and Mexico (4.2 percent).

In 2009, leading source countries for L1 for company transfers included India (16 percent), Britain (13 percent) and Japan (9.9 percent). Forty percent of L1 admissions were accounted for by nationals of these three countries.

by

All U.S. Consular Sections worldwide will introduce a two-tiered fee structure for nonimmigrant visas. This structured system coincides with a small global application fee increase, designed to balance the costs of recent enhancements to the visa application process.

All applicants for business or tourism (B-1/B-2), crew member (C-1/D), student (F or M), or exchange (J) categories will now pay $140 and receive a white receipt. Petition-based work visas (H, L, O, P, Q, and R categories) will now pay $150 and receive a green receipt. These two receipts will still be purchased at approved Banks branches. K (fiancé) applicants will now pay $350 and will continue to pay their fees at the Consular Section.

Applicants who purchased their receipts before June 4 will pay the balance between the old and new fees at the time of the interview. The previous application fee was $131 for all visas.

by

A Ukrainian citizen has approached the Bombay High Court against the Ministry of External Affairs, India, challenging a policy that mandates a minimum annual salary of $25,000 (over Rs. 11 lakh) as compulsory requirement for getting an employment visa. On June 3, she made an application to the Indian embassy in Kiev for an employment visa along with all supporting documents of her employer. “Petitioner submits that she was curtly told by the consul officer at the embassy that she would not be granted employment visa as the rule has been introduced from April 2010 mandating a salary in India equivalent to $25,000 per annum for issuance of an employment visa.”
It is now mandatory for any foreign worker to have an annual salary above Rs. 11 lakh to get an Indian employment visa. Many companies across the country hire foreigners legally at lower salaries though it’s not a publicized fact. Ms. Stelmakh Leonid Lulia, 25, was not granted visa by the Indian embassy in Kiev, Ukraine. She explains that her job at J P Morgan will lapse if she does not join in a week’s time. “This is a sensitive constitutional matter on foreigners’ right to employment and will have wide ramifications on foreign employees in the Indian services industry,” says Prashant Uchil, Stelmakh’s counsel.

by

Mr. Jason Kenney, Minister for Citizenship, Immigration and Multiculturalism has discussed and clarified the various changes which is the part of new Immigration Plan 2010 of Canada.

Canada is adjusting its 2010 immigration plan to put even greater emphasis on economic recovery and further reduce the federal skilled worker backlog.

The government is also proposing new eligibility criteria for the immigrant investor program so it makes an even greater contribution to the Canadian economy. Proposed regulatory changes will require new investors to have a personal net worth of $1.6 million, up from $800,000, and make an investment of $800,000, up from $400,000.

The minister clarified at the outset that these changes were not in any way a reduction of immigration numbers, but a way to bring in more transparency, controls and lastly a speedier more efficient processing system. One of the most important factors contributing to an immigrant’s economic success is the ability to speak one of Canada’s official languages. Under changes to the federal skilled worker program and the Canadian experience class, all new applicants are required to include the results of an English or French language test as part of their application. The language requirements themselves, however, are not changing.

According to the minister, “With the results of a language test, FSW applicants will know before they apply exactly how many points they will be awarded for language ability on the federal skilled worker selection grid. Canadian Experience Class applicants will also know in advance if they meet the minimum language requirements necessary as part of their application.”
He added: “In keeping with the Action Plan for Faster Immigration, processing times are expected to improve because the visa officer simply assigns points based on the language test result instead of taking the time to review a written submission. Finally, many regulatory bodies and industry sectors require language testing or other proof of language assessment, so in taking the test, applicants are one step further on the path to integration into the Canadian labor market.”
On the federal skilled worker category, Canada still receives thousands more applications each year than can be processed and accepted. This is true even when you consider that Canada has the highest relative level of immigration in the developed world, with a quarter million permanent residents admitted every year. Effective immediately, to be eligible to apply as a federal skilled worker, applicants must either have a job offer, or they must have experience in one of 29 in-demand occupations. These occupations were identified through analysis of updated labour market information and consultations with provinces, territories, stakeholders and the public. The government will limit the number of applications considered for processing to 20,000 per year as a way to better manage the supply of applications with labour market demand. Within the 20,000 limit, a maximum of 1,000 applications per occupation will be considered. The limit does not apply to applicants with a job offer.

Arranged employment is one of the six factors under Canada’s new points system for selecting immigrants under the skilled worker category. It is essentially a genuine job offer by a Canadian employer that is validated by Human Resources & Skills Development Canada (HRSDC). According to the minister, this category ensures that immigrants are not stuck in the “survival job conundrum” and will be given priority at all times.

The minister also confirmed that there would be a comprehensive review of the provincial nominee program in conjunction with provinces to design a more standardized program that would benefit all provinces. Additionally, the Auditor General has asked for more information on the program as there is a lack of data on whether it meets its objectives and whether immigrants who come in under this program get jobs commensurate with their education and previous careers and lastly whether they move out of the province after landing.

by

Australia’s new immigration policy aims to let in only the professionals it needs and to tell its citizens that their jobs will not be taken by immigrants in times of recession. It comes as a huge concern for Indian students in Australia as it has toughened its immigration laws and has brought down the list of professions which qualify for immigration from 400 to 181. Over the last one year, Indians have been at the receiving end of Australian racial attacks and mindless street violence. The tough new rules on the grant of student visas and permanent residence status will make it much harder for Indians to go to Australia.

Students who are already in Australia will be allowed to complete their courses but may have to return after a grace period. UK and Canada too have cracked down on immigrants from India.Australian High Commissioner, Peter Verghese said, “We want students to come to Australia to study. We want them to come to Australia to do a course which they judge is in their best interests. We want to separate out the study pathway from the migration pathway.”
It is clarified that beginning July 1, the number of visa-eligible jobs will drop from 400 to 181. The number of Indian students in Australia had exploded from just 8,000 in 2005 to a 100,000 in 2010. The growing visibility of Indians and shrinking jobs in Australia led to friction and a violent backlash. Graduates in cooking, hairstyling and gardening courses cannot hope for permanent residence. Instead, preference will be given to those on the new Skilled Occupations List which includes engineers, accountants, teachers, nurses, even welders and midwives.

by

The change in Canadian immigration rules for Chinese tour groups comes after China won Approved Destination Status in December last year. The change in policy will make it easier for Chinese people to obtain Canadian visas for tourism rather than having to go through the Canadian business visa system. It will also allow Canadian tourism firms to market tourism to China. Canada and China are close to signing a final agreement that will give Chinese tour groups the right to visit Canada on Canadian visas.

A memorandum of understanding is expected to be signed on Thursday at the G20 summit, in a move that will mark “an important moment in the bilateral history of tourism co-operation.” This is according to the head of the National Tourism Administration in China, Shao Qiwei.