A recent study by independent think tank the Institute for Public Policy Research predicted that the net number of non-EU migrants coming to the UK in 2012 would fall by as many as 40,000 to around 180,000.

Despite the fall, the number of immigrants still far exceed the Coalition Government's original goal of reducing UK immigration to "tens of thousands"; a promise the Conservative Party pledged in their election manifesto with the author of the IPPR report, Matt Cavanagh stating "we don't think that's going to be enough for the Government to hit its target of reducing net immigration to tens of thousands by the end of the parliament".

More disharmony within the coalition

The pre-election pledge has always been a contentious subject within the Coalition Government, with the Liberal Democrats claiming that they 'did not sign up to this' and Business Secretary Vince Cable opining that the Prime Minister would have been better served had he not stated a specific number.

Economic effects 

The IPPR goes further and claims that while the fall is still less than hoped for by the Conservatives, even this decrease could harm the UK's economic recovery. With net immigration decreased, this can result in fewer skilled workers travelling to the UK as well as the UK's larger companies struggling with inter company transfers while a decrease in the amount of overseas students could lower income.

The Government's refute - goals can still be reached

The Government argues these claims and insists its goals could still be reached within the lifetime of the current Parliament. Immigration Minister Damian Green claimed the process was akin to "turning round an oil tanker" and that even on the IPPR's own projections, who are "no friend of this Government", the Government's policy will have knocked 70,000 net migrants off "what was a rapidly rising total" over the first two years of the current Parliament.

Mr Green remained optimistic that net migration could be reduced to the tens of thousands by the end of the current Parliament when measures currently in place are combined with reforms which are shortly to be announced.

Further changes unlikely to make an effect

The reforms concern the family immigration and settlement routes, although analysts are sceptical as to whether these will affect the projected rates as they are expected to be held up by legal challenges.

The IPPR concluded that "While policy changes will start to achieve significant reductions in immigration from outside the EU, this will not be enough to put the Government on track to hit its target."

While the IPPR, dubbed "New Labour's favourite think tank" may have their doubts, vice chairman of the pressure group MigrationWatch Alp Mehmet claimed "the Government is on course but has a very long way to go".

- Dominic Ladden-Powell is Online Editor for the UK Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

As of 5 April, 2011, a UK immigration cap was put into effect and the Tier 1 (General) skilled visa programme was closed. As a result, the only remaining visa for independent skilled migrants to apply for is Tier 1 (Exceptional Talent); a visa which is all but impossible to obtain and has been capped at being for just 1,000 people a year.

It's a devastating move, and has already been lambasted as being poorly thought-out and potentially damaging to the UK economy. The move also seems to disregard any benefit that skilled migration has had on helping the UK economy in the past.

How has the skilled visa programme helped the UK?

Both Tier 1 (General) and its predecessor the Highly Skilled Migrant Programme (HSMP) have proved highly beneficial to the UK. Since 2002, the HSMP and Tier 1 helped ensure that highly skilled workers attracted to working in the UK had a clear route to arrive independently.

This allowed UK companies to recruit the cream of the international workforce, helping the British economy grow to unprecedented heights in the boom years of the early and mid 2000s.

Why has the Government closed the UK skilled visa programme?

UK immigration has long been a contentious issue. While public opinion polls reveal that up to three quarters of the UK population favour a reduction in the number of migrants coming to the UK, there has been a lack of understanding as to the various different migration pathways and visa types, and even on the definition of who classifies as a migrant. A fascinating research paper on the issue from the Migration Observatory at the University of Oxford can be found here, which highlights how much confusion there is regarding the issue.

As a result, even though it's clear that the majority of the UK public favoured that migration be reduced, the Conservative Party's response of declaring a target to reduce net immigration to the UK to 'tens, rather than hundreds of thousands' is the wrong move to make. By focussing only on statistics and numbers and make such a sweeping change to simply appease public opinion, the Government seems set to keep out the highly-skilled migrants who contribute the most to the UK economy.

What other changes have been made as a result of the UK immigration cap?

Even beyond the independent route of the Tier 1 (General) route being closed, further changes have been made to drastically change the UK immigration landscape. A cap has also been placed on the Tier 2 visa which limits the number of non-EU migrant workers that all UK employers can hire to just 20,700 a year.

There will be no limit on the number of entrepreneurs and investors that can come to the UK, and Tier 2 Intra-company transfer visas will also be outside the cap, but intra-company transfer arrivals will ONLY be permitted to stay in the UK for longer than 12 months if they are earning £40,000 a year or more. 

In addition, intra-company transfer visas will be restricted to five years and no longer lead to Indefinite Leave to Remain (ILR).

Will there be a UK skilled visa programme again?

While it's almost inevitable that there will be a new skilled visa programme in the future, it seems like this is only likely to happen when the UK economy has risen to a level where UK skills shortages will demand that more skilled migrants be brought in.

However, given how instrumental skilled migrants have been in driving economic growth in the past, the immigration cap seems counter-productive to helping the UK economy grow. While the situation might seem impossible at the moment, we still hope that the Government will see sense and make new allowances for as many of the best and brightest international workers to come to work in the UK as possible.

- Tom Blackett is Online Editor for the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

Tightening of the ‘economic immigration routes’ is but one part of a package of measures being made across the UK immigration system in an effort to achieve the coalition government’s goal of reducing overall net migration.

The Home Office confirmed that an 8-week consultation will be initiated before the end of 2010 focussing on Tier 4 of the points-based system – the UK Student Visa category – which makes up two-thirds of migrants entering the UK annually.

Feedback will be sought on a range of prospective measures, including:

• For adult students, focusing Tier 4 on higher-level courses and those offered by Highly Trusted sponsors;
• Introducing tougher entry criteria such as English language competence for students;
• Ensuring that students wishing to extend their studies show evidence of academic progression;
• Limiting the student's entitlements to work and to sponsor dependants in the UK; AND
• Improving the accreditation process for education providers, alongside more rigorous inspections.

Theresa May added: "I want to ensure that students and education providers are of a high quality.

"People imagine students to be those who come here for a few years to study at university and then go home - that is not always the case. We estimate that nearly half of all students coming here from abroad are coming to study a course below degree level where levels of compliance with immigration requirements are not high enough.

"While we will protect our world-class universities, we want suitably qualified students with the genuine desire to study to come to our country. We must also have a more robust system to ensure that students leave the country at the end of their legitimate stay."

- Marek Starke is a member of the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

On 23 November the UK Home Secretary, Theresa May, announced several new measures that will assist in strictly controlling the number of non-European workers that can come to the United Kingdom.

The Home Secretary, Theresa May, said: "Today's announcement has set out a clear, rational approach to which workers we will allow into the UK job market. We have set out an approach which will not only get immigration down to sustainable levels but at the same time protects those businesses and institutions which are vital to our economy.

"We will take action on all routes into the UK, and these changes are crucial if we are to limit the numbers coming here to work while still attracting the brightest and the best to the UK.

"We have worked closely with businesses while designing this system, and listened to their feedback, but we have also made clear that, as the recovery continues, we need employers to look first to people who are out of work and who are already in this country.'

New Rules Taking Effect from April 2011

Tier 1 Changes

• The Tier 1 (General) route will be closed and a Tier 1 route for ‘persons of exceptional talent’ will be introduced. This will cover migrants who have won international recognition in scientific and cultural fields, or who show sufficient exceptional promise to be awarded such recognition in the future. Applications by those with exceptional promise will be endorsed by a competent body in the relevant field. The 'exceptional talent' category will be subject to an annual limit of 1,000 places. Tier 2 will continue to be open to migrants working in these fields.
• The Tier 1 (Investor) route will be reformed to offer an accelerated route to settlement, depending on the level of investment.
• The Tier 1 (Entrepreneur) route will be reformed to make it more attractive. The UK Border Agency (UKBA) will introduce flexible criteria and a new avenue for promising start-up companies which do not meet the investment threshold.
• The Tier 1 (Entrepreneur) and Tier 1 (Investor) routes will not be subject to a limit on numbers.

More information will be published by the UKBA as soon as possible.

Tier 2 Changes

•  The Tier 2 (General) route will be subject to an annual limit of 20,700 places for the 2011/12 migration year. This limit will not apply to:
  o In-country applications from those already in the UK;
  o Dependants of Tier 2 migrants;
  o Tier 2 (General) applicants who are filling a vacancy with a salary of more than £150,000;
  o Tier 2 (Sportsperson) applicants;
  o Tier 2 (Minister of religion) applicants; and
  o Tier 2 (Intra company transfer) applicants.
• Tier 2 (Intra company transfer) applicants in the Established staff sub-category will be able to stay in the UK for up to five years if they are paid more than £40,000 per year. Those paid between £24,000 and £40,000 will be able to enter for up to 12 months within a specified period. The current rules will continue to apply to Tier 2 (Intra company transfer) migrants in the Graduate trainee and Skills transfer sub-categories.
• Tier 2 (General) applications will be restricted to graduate-level vacancies. Following consultation with the Migration Advisory Committee, the UKBA will amend the shortage occupation list accordingly. Existing Tier 2 (General) migrants in jobs below graduate level will be able to extend their permission to stay if they meet current requirements.
• The minimum level of English language competency for Tier 2 (General) applications will be increased from basic to intermediate level (B1 on the Common European Framework of Reference).
• Applications for certificates of sponsorship will, where the limit applies, be considered on a monthly basis. If the monthly allocation is oversubscribed, applications will be ranked according to:
  o Shortage occupations in the first instance;
  o Whether the post requires higher academic qualifications; AND
  o Salary.

Potential Tier 2 workers who are granted a certificate of sponsorship will have three months in which to apply for a UK Visa.

Settlement Applications

The UKBA also announced that there will be a new threshold regarding criminal convictions, requiring all those applying for settlement to be clear of unspent convictions.

Tier 1 and Tier 2 migrants applying for settlement will need to meet the salary criteria that applied when they last extended their permission to stay. If an applicant fails to pass the minimum English language requirement, their application for settlement will be refused.

- Marek Starke is a member of the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

The UK Border Agency (UKBA) has published refined criteria applicable to Tier 2 (General) sponsors' requests for additional certificates of sponsorship. 

Until now there has been very little clarification of the criteria against which the UKBA considers sponsorship requests. The guidance has now been refined to give sponsors greater certainty and the UKBA claim the newly-refined criteria will also help to meet the ongoing recruitment needs of sponsors while maintaining the overall interim UK Visa cap introduced in July 2010.

What do the refined criteria mean? 

New  Employer Sponsorship Licence applicants must now submit a completed Certificate of Sponsorship (CoS) Request form together with their initial licence application. The UKBA have recently published a new form to replace the previous version.

Due to the introduction of the refined criteria - and the additional information the UKBA now needs to obtain for shortage occupation sponsorship requests already submitted - the November panel will be delayed until 12 November. Where further information is needed, sponsors will receive a letter detailing the information that they should supply.

The UKBA panel of managers will continue to meet on a monthly basis, normally on the first working day of the month. All requests received by the 25th of the month onwards will not be considered at the panel but will be rolled over to the following month. For example, if the request is received by the UKBA on or before 24th November, it will be considered in the December panel meeting; all requests received on or after the 25th of November will be considered by the panel in January.

Each month, the total number of CoS available will be split between extension applications and applications for new hires. The UKBA will grant all requests for applications for extensions where an extension application meets the relevant criteria (see below). After all extension applications have been granted, the remaining CoS will be split into two categories: one category for applications for new hires into shortage occupations and another category for applications for new hires into non-shortage occupations.

Please note that with regard to shortage occupations the UKBA will assess requests based on whether the job is in a shortage occupation on the day of the panel meeting.

In what order will sponsorship requests be considered? 

While the Interim Limit is in place until 31 March 2011, sponsorship requests will each be considered on a monthly basis and ranked against the following criteria, starting with the highest ranking:

1.  Requests for applications for extensions - where the extension is required for an existing migrant worker who is (a) currently employed by the sponsor requesting extension, (b) who currently has valid leave as a Work Permit holder or under Tier 2 (General) and (c) where the migrant worker’s leave is due to expire within the next 60 days – all requests in this category will be approved;
   
2. Requests for applications for new hires in shortage occupations – the occupation must be listed on the shortage occupation list on the day of the panel meeting and these requests will then be considered in the following order of priority:
   a. Salary is at or above £40,000;
   b. Salary is between £36,000 and £39,999.99;
   c. Salary is between £32,000 and £35,999.99;
   d. Salary is between £28,000 and £31,999.99;
   e. Salary is between £24,000 and £27,999.99;
   f. Salary is between £20,000 and £23,999.99;
   g. Salary is under £20,000 (shortage occupations only, non-shortage occupations with a salary under £20,000 do not score enough points to qualify under Tier 2 General).
   
3. Requests for applications for new hires in non-shortage occupations – a suitable Resident Labour Market Test must have been completed before submitting the COS request and these requests will then be considered in order of priority of salary, as outlined in the point above.

When will sponsors be notified about the result of their request?

The UKBA have again iterated that only a limited number of CoS’ are available and they cannot guarantee that any application will be successful. Sponsors will be notified of the result of their request within five working days of the panel meeting. Where the request for a CoS has been successful the licence-holder’s Sponsor Management System Account will be updated.

There is a procedure in place for urgent CoS requests where there is a compelling reason to request urgent treatment, such as where a newly licensed sponsor needs a CoS for a migrant worker whose leave is due to expire before the next panel meeting. Previously refused requests are not considered to be grounds for exceptional consideration. Where an urgent decision is required before a panel a decision will be made by the Deputy Director for Sponsorship or a nominated deputy.

It goes without saying that any CoS’ allocated to sponsors following a request must be used for the role for which it was requested. Failure to do so may result in future requests being refused and compliance action being undertaken by the UKBA as appropriate.

- Marek Starke is a member of the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

The new Labour leader Ed Miliband has delivered his conference speech in Manchester today, humbly admitting the errors of Labour’s time in office but offering himself as a leader of a new generation.

“Be in no doubt. The new generation of Labour is different. Different attitudes, different ideas, different ways of doing politics.

“Today I want to tell you who I am, what I believe and how we are going to do the most important thing we have to do - win back the trust of the country,” he said.

While Miliband did not make major policy announcements in his speech he did talk on a number of topics of importance including his family’s experiences as migrants to the UK, British economic policy, the national deficit, globalisation and UK immigration.

Humility, Mr Miliband said, was the most important word in politics for Labour.

“We need to learn some painful truths about where we went wrong and how we lost touch... We have to understand why people felt they couldn't support us. We have to show we understand the problems people face today,” he said.

One of the key issues for Labour in the last election was the appearance that the party did not understand voters’ concerns about UK immigration, and Miliband hopes to reconnect with the electorate on this issue.

“New Labour was right to be enthusiastic about the opportunities that come in a more connected world: the movement of goods and services, the chance to travel, the new markets for our companies.

“But this new generation recognises that we did not do enough to address concerns about some of the consequences of globalisation, including migration.

“All of us heard it. Like the man I met in my constituency who told me he had seen his mates’ wages driven down by the consequences of migration. If we don't understand why he would feel angry—and it wasn't about prejudice—then we are failing to serve those who we are in politics to represent.

“I am the son of immigrants. I believe that Britain has benefited economically, culturally, socially from those who come to this country.

“I don't believe either that we can turn back the clock on free movement of labour in Europe. But we should never have pretended it would not have consequences. Consequences we should have dealt with.

“We have to challenge the old thinking that flexible labour markets are always the answer.

“Employers should not be allowed to exploit migrant labour in order to undercut wages. And if we have free movement of labour across Europe we need proper labour standards in our economy, including real protection for agency workers," Mr Miliband said.

What this means for Labour's immigration policy, particularly in light of the difficulties experienced by employers in recruiting highly skilled non-EU employees under the Coalition's restrictive UK Visa cap, is not yet clear.

Ed Miliband’s full speech can be viewed in full here.

- Stephanie Bradley is Content and Communications Editor for the UK Visa Bureau. 

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

As  you may be  aware, the UK Border Agency has introduced an Interim Limit on applications submitted under Tier 1 (General) and Tier 2 (General) of the Points Based System. To better explain these changes, see below for more details.

Please note: This information is taken from materials initially published by the UK Home Office.

What is the Interim Limit?

The aim of the Interim Limit is to achieve an overall reduction of 5% in the number of applicants in these categories compared to the equivalent period last year. This interim limit will run from 19 July, 2010 to 31 March, 2011. The interim limit will be implemented by limiting the number of Certificates of Sponsorship (CoS) each sponsor can assign to migrant workers.

Within Tier 2 this limit:

• will include all Certificates of Sponsorship used under Tier 2 General, including certificates used for extension applications;
• will not include Tier 2 Intra-company Transfers (ICTs), Ministers of Religion or Sportspeople;
• will not include Tier 2 dependent applications.

When will sponsors be made aware of how many Certificates of Sponsorship (CoS) they can assign? 

All licensed Tier 2 (General) sponsors will have received a letter from the UK Border Agency (UKBA) notifying them of the introduction of an interim limit on Tier 2 (General). From 19 July, 2010 onwards, Tier 2 (General) sponsors will receive a further detailed letter setting out their individual CoS allocation for the period to 31 March, 2011.

The interim limit has been calculated by assessing the CoS usage of each sponsor for the equivalent period from 19 July, 2009 - 31 March, 2010. The UKBA have then applied a reduction to each sponsor who used 2 or more CoS during this period, leaving a pool of unallocated CoS for distribution to new sponsors and existing sponsors who have special requirements.

You can request CoS from this reserved allocation if you are:

• a new sponsor licensed during the period of the interim limit until 31 March 2011; or
• an existing sponsor who requires additional CoS in exceptional circumstances during the period of the interim limit.

How does this affect existing sponsors?

The changes will affect existing sponsors in different ways, but please note that some sponsors will be given a zero allocation for this period. This means that they continue to remain licensed by the UK Border Agency and are able to continue to sponsor any existing migrants they employ who have valid leave. However, they are not able to assign a CoS to any new migrants or to existing employees who require an extension to their leave. It is for sponsors to decide how to split their allocation between ‘new’ employees and extension applicants where appropriate.

Where an existing sponsor has a zero CoS allocation or requires additional CoS during the period of the interim limit, they can apply for exceptional consideration for additional CoS. However, please note that the number of CoS available for exceptional cases will be limited and it is therefore important that sponsors manage their allocation appropriately as there is no guarantee that their request for extra CoS will be granted. The UKBA will require sponsors with an interim allocation of 1 CoS or more who apply for exceptional consideration to account for how they have used, or intend to use, their existing CoS.

How will this affect new sponsors?

There will be a limited allocation of CoS available to new sponsors and some new sponsors may not be able to issue any CoS during the period of the interim limit. New sponsors will have to apply on a separate form to request CoS and all requests received by the UK Border Agency each month will be assessed against the criteria listed later in this guidance.

Where the UKBA approves a new sponsor licence, they will initially set up that sponsor on the Sponsor Management System with a zero CoS allocation. New sponsors must complete the request form for allocation of CoS at the time of application for a sponsor licence. This means that the sponsor is on the UKBA sponsor register and has a valid Tier 2 (General) licence. However, they are not able to assign a CoS to a new migrant or to an existing employee who has a work permit and requires an extension to their leave.

The request form must be signed by the Authorising Officer and requests from sponsors who have not completed this form or that are submitted via alternative routes will not be considered. Incomplete and unsigned forms will also be rejected by the UKBA.

What is the process of requesting additional Certificates of Sponsorship (CoS)?

The UKBA have advised that a CoS should only be requested for an extension where the migrant’s leave is due to expire within the next 60 days. Where the CoS is required for an individual whose leave is due to expire in more than 60 days then the request will be rejected by the UKBA and the sponsor informed.

How will a sponsor’s CoS usage be monitored and tracked?

Sponsors should note that the procedure adopted where a CoS is assigned remains the same under the interim limit as it was prior to 19 July, 2010. Any CoS that a sponsor assigns to a prospective worker will be counted as 'used' and will be deducted from the sponsor’s allocation for the period of the interim limit. This includes any CoS issued in error or any CoS which is assigned but not used by the migrant in a leave to enter or leave to remain application.

Each sponsor's CoS usage will be monitored closely during the period of the interim limit and reviewed in October 2010 and January 2011.

A sponsor's interim allocation may be recalibrated at this review point depending on the overall trajectory of the limit.  Additionally, a sponsor who no longer wishes to sponsor migrants may choose to surrender their sponsor licence at any time.

- Marek Starke is a member of the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

The UK Government has announced that compulsory English language tests will be introduced from autumn 2010 for non-EU migrants applying for a UK Visa to come to the UK to join or marry their settled partner.

The changes mean partners will need to demonstrate they have a basic command of English before leaving their homeland, around the level of a five- to seven-year-old, which will allow them to cope with everyday life in the UK. The new test will assess a person's ability to introduce themselves, ask simple directions, and understand what is said by someone speaking slowly.

While a seemingly uncontroversial UK immigration requirement for new migrants, it also seems an unnecessary law given that the UK already requires migrants to speak English. Partners who have completed the initial two-year period of temporary residence still need to pass the “Knowledge of Language and Life in the UK” test before obtaining permanent residence.

Additionally, the new law doesn’t apply to EU citizens – otherwise the most likely group of people affected. The Home Office has acknowledged the people most likely to be adversely affected are those coming from India, Pakistan, and Bangladesh where English is not spoken in rural areas, or by poor or uneducated people.

I am sure there will be certain applicants who will struggle to pass the tests, which could mean long delays before they can join their partners here – if ever in some cases. Even for those who do pass, having to sit the test will mean an extra step and fee to pay, as well as the time and trouble involved.

The Home Office estimates the new law will lead to a drop of around 10 per cent in UK Visa applications, and unfortunately, this may be at the expense of genuine relationships.

What do the changes mean?

From autumn 2010, non-EU migrants wishing to join their partners in the UK as a partner will need to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system.

A partner will need to provide evidence with their UK Family Visa application that they have passed an English language test with one of UK Border Agency’s approved test providers.

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. The tests will be compulsory for people applying from within the UK as well as UK visa applicants from overseas.

Migrants applying for partner visas must also meet other requirements, including  being able to show a relationship is genuine,  and the ability to support themselves financially.

Partners who wish to apply to settle permanently in the UK after completing the initial two-year temporary residence will still need to pass  the “Knowledge of Language and Life in the UK” test .

- Marissa Murdock is Casework Department Manager for the UK Visa Bureau

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

As of 6 January 2010, UK immigration identity cards are being rolled out to another category of foreign national resident in the UK: skilled workers and their dependants.

In November 2008, the compulsory identity cards were issued by the UK Border Agency to certain categories of non-European foreign nationals when they were granted permission to extend their stay in the UK.

Since then, they have twice widened the range of categories that require the identity card. As a result, the list now stands as follows:

Compulsory Identity Card Immigration Categories

• Spouses, civil partners, unmarried or same-sex partners (i.e. certain UK family visa holders);
• Students under Points Based System Tier 4 (General) and Tier 4 (Child) (i.e. certain UK student visa holders)
• Postgraduate doctors and dentists
• Visitors for private medical treatment
• Domestic workers in a private household
• United Kingdom ancestry
• Retired persons of independent means
• Sole representatives
• Transfer of conditions
• Skilled Workers (added 6 January)
• Ministers of Religion (added 6 January)
• Sports Persons (added 6 January)
• Representatives of Overseas Businesses (added 6 January)
• Dependants (added 6 January)

If a migrant in one of these categories applies to extend their stay in the UK, they must enrol their biometrics (fingerprints and facial image) before the UK Border Agency decide whether to give them permission to stay. If their application is successful, they will be issued an identity card.

What is the UK immigration identity card for?

The card provides a simple way of confirming the holder's nationality, identity and immigration status in the UK. It shows whether they have the right to work or study legitimately under the UK's points-based system for immigration, and helps them to access public services.

The changes do not affect the settled population, foreign nationals who are seeking to settle here, or applicants in other immigration categories (who continue to receive a vignette in their passport when they extend their stay).

- Marissa Murdock is Casework Department Manager for the UK Visa Bureau.

©Visa Bureau 2003-2010

Visa Bureau takes no responsibility and cannot be held accountable for action taken as a result of any information or comment provided on this blog, and we recommend that you always seek a number of opinions before making a decision regarding your migration or visa application. Please refer to the Visa Bureau terms of use for more information.

In a demonstration that the UK Border Agency is making good on their threats, several restaurants in Lincolnshire that employed illegal workers have been paid a visit by UK immigration officers recently.

In the last weeks of November, officers from the UK Border Agency swooped in on the following:

• India Garden restaurant, Market Place, Sleaford where they checked the immigration status of all the workers, where four Bangladeshi males and an Indian male were identified as having no permission to work in the United Kingdom.
• Hung Wang Chinese restaurant, Trinity Road, Gainsborough where six Chinese illegal workers - three males and three females - were found.
• Florentino's Pizzeria, Market Street, where two Iranian men, aged 38 and 42, were arrested after checks showed that they were both failed asylum seekers who had no right to work in the United Kingdom.
• Moonlight Tandoori restaurant in Trinity Street, where three Bangladeshi men were arrested after checks revealed they had no permission to be working in the United Kingdom. Two of the men, 33 and 42, were illegal entrants, while the third man, 30, had overstayed his visa.

The UK Border Agency is now seeking to remove all illegal workers back to their home countries as soon as possible.

All of the businesses visited were issued with on-the-spot penalty notices for employing illegal workers and may now face a fine of up to £10,000 per illegal worker. To avoid paying the heavy fines, the businesses must prove to the UK Border Agency that they carried out the correct pre-employment checks to ensure that the worker had gone through the proper migration channels before entering the UK (e.g. through applying for their work permit or UK visa through an overseas British embassy).

It's not the first time that the UK Border Agency has focussed on Lincolnshire businesses; last month, on 14 October, an Iranian illegal worker was discovered working at the Topkapi takeaway on Lincoln High Street. As the same business was visited last year by the UK Border Agency when another illegal worker was caught, a fine of £8,750 was imposed on the Topkapi takeaway.

Rachel Challis, from the UK Border Agency's Boston-based team, said:

"These arrests are part of an ongoing clampdown on illegal working. We are determined to pull the plug on the illegal jobs which lure illegal immigrants to come to the UK.

"Anyone in Lincolnshire who takes on a foreign national without permission to work in the UK is breaking the law and undermining legitimate businesses. Rogue employers should be warned that they face heavy fines and could even end up in jail.

"This year alone, we have fined companies in Lincolnshire tens of thousands of pounds for hiring illegal labour.

"There are strict rules about which foreign nationals can get a job in the UK and businesses have a clear responsibility to carry out the right checks."

- Tom Blackett is Online Editor for the UK Visa Bureau

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