As of the 9^th September 2010, the UK Border Agency has announced its intention to increase application fees for all those applying to visit, study, work, or stay in the UK.

These changes are likely to come in force in two stages in autumn 2010. For applications where the fees are set at a level below the cost of processing, the fees will rise on 1^st October 2010. Where the fees are set at a level above the cost of processing, the fees are due to come into effect in November 2010.

The newly increased fees for the most popular categories of visas:

• Indefinite Leave to Remain – Premium (Same Day) service: £1,250 (previously £1095);
  • Dependant: £350 (previously £154);
• Indefinite Leave to Remain –  Postal service: £900 (previously £840);
  • Dependant: £250 (previously £129).

• Tier 1 (General) – Premium (Same Day) service: £1150 (previously £1095);
  • Dependant: £300 (previously £154);
• Tier 1 (General) – Postal service: £850 (previously £840);
  • Dependant: £250 (previously £129).

• Tier 2 (General) – Premium (Same Day) service: £800 (previously £730);
  • Dependant: £200 (previously £118);
• Tier 2 (General) – Postal service: £500 (previously £475);
  • Dependant: £150 (previously £92).

All of the above changes are likely to become effective in November 2010. For a comprehensive list of the fee rises and when they are due to rise, please click here. The exact dates of these increases will be published on the UK Border Agency website at a later date.

The UK Border Agency, in relation to this announcement, has said that it “has considered how best to meet budgetary pressures and [these] proposals……will help to offset some of these pressures.”

UK Work Permits’ consultancy fees will not be rising in line with these increases. We would suggest that individuals who currently qualify for Indefinite Leave to Remain apply before these increases occur. In addition, UK Work Permits are currently offering reduced fees on ILR applications, and have Premium (Same-day) appointments available at short notice.

The UK Border Agency has announced that from the 29th November 2010, any non-EEA national seeking leave to enter or remain in the UK as the partner of a British citizen or as the partner of a person already settled will have to demonstrate their ability to understand and speak English.

This requirement will affect you if;

• You are a national of a country outside of the EEA and Switzerland; and
• You are the partner of a British citizen or a person already settled here; and
• You are seeking leave to enter or remain in the UK as that person’s partner.

To demonstrate your ability to understand and speak English to a suitable level, you will be required to pass an acceptable English language test from one of the test providers approved by the UK Border Agency.

The minimum accepted level will be A1 of the Common European Framework of Reference. This basic level assesses listening and speaking skills only, and includes the comprehension and use of simple everyday expressions. Reading and writing skills will not be tested. A full list of the approved tests can be found here.

Evidence of passing an approved test must be submitted with your visa application.

However, the requirement to demonstrate English language skills does not affect you if you are a national of one of the following majority English-speaking countries:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• the United States of America

Special Promotion on fees for ILR Premium Service and Postal applications: Extended until 31/08/2010.

Due to extra same day slot availability combined with aggressive competition on pricing by some little-known recent entrants to the market, UKWP are continuing to offer promotional rates on our ILR fees until 31st August 2010. Our fees until this date will be as follows:

Same Day Application:           £485 +VAT (main applicant)

Postal Application:                  £299 +VAT (main applicant)

Dependents:                                £50 +VAT

These fees will apply only in the case of files that are opened on or before 31st August 2010. This means that cases need to have been assessed, and terms and conditions need to have been signed and returned before this date.

We are also able to offer our 110% refund guarantee for our clients’ complete peace of mind.

Update for UK Employers: Tiers 1 and 2 immigration limit

Tiers 1 and 2: General short term outlook

UK Employers needing to arrange work related visas for employees or potential employees over the next 1 to 2 years, look likely to face limits, obstacles, and potentially an ‘uphill struggle’. Interim limits are about to be imposed on tiers 1 and 2  (in place from 19^th July) until April 2011, when more long term limits will be put in place.

The limits on Tier 2 (both before and after April 2011) do not apply to the transfer of overseas group employees (the Intra Company Transfer subcategory) but are likely to affect organisations wishing to extend the stay of existing work permit holders, and those bringing in “fresh hires” from outside off the EU. The interim limit is set to lead to a reduction in the number of Certificate of Sponsorship issued over the relevant period, by around 1300, around 5%. While this reduction may seem fairly small, the UK Border Agency appears to be already making preparations to help implement the limit. Indeed, there have been recent indications that the UKBA is keen to restrict the initial granting of Sponsor’s Licences. The longer term limit on Tier 2, to be implemented in April 2011, is sure to remain the subject of much speculation until much closer to that date.

Inevitably, where sponsorship under Tier 2 isn’t possible, businesses will be forced to explore other options for employees and potential employees, but they may also find themselves affected by the restrictions on Tier 1 (General). It isn’t completely clear at this stage whether the limit will directly affect the number of applications approved, or the number considered (A UKBA news article suggest there will be a limit on the number of applications considered) but there is expected be an upper limit of around 635 Tier 1 (General) approvals per month between August 2010 and March 2011. The current consultation and  in particular the recommendations of the Migration Advisory Committee will influence the longer term limit that is put in place in April 2011. There are no indications at this stage of what the level of the limit will be after this point.

We are advising all employers to plan well ahead where and if they have an anticipated need to sponsor staff under Tier 2, or help make alternative arrangements for someone under Tier 1. Employers should make their consultant aware of their requirements as early as possible, so that we can do everything possible to avoid our clients  being adversely affected by the limits.

Sponsor’s Licence Applications

We have been seeing examples of the UK Border Agency refusing Sponsor’s Licence applications based on stated reasons that appear to be incomprehensible and extremely pedantic.

In all cases the reasons given relate to supporting documentation, and the applications have included documents reliably deemed to be acceptable in the past by the UKBA. In all cases the explanations provided for refusal depend on the most unfavourable (and often unreasonable) possible interpretation of the published guidance. Some rejections we’ve witnessed include explanations based on new, never-previously-published requirements.

The approach being taken by caseworkers appears to lack reason, logic and consistency. It appears that the climate affecting the consideration of Sponsor Licence applications is extremely unfavourable.

It isn’t clear whether the UK Border Agency is under pressure to reduce the number of Sponsor Licence applications being approved in support of the planned limit for Tier 2.

We are taking an approach of conglomerating all of the explanations and information given by the UKBA lately relating to supporting documents for licence applications, and we are advising clients to take an ultra-cautious approach with new submissions and re-submissions of licence applications.

From Monday 19th July 2010, the UK Border Agency will be introducing two major changes to the way Tier 1 (General) applications are processed.

Interim Limit

From the 19th July until a permanent limit is introduced in April 2011 (a consultation as to the details of this limit is currently taking place) the UK Border Agency has announced that it will place a limit on the number of Tier 1 (General) applications submitted each month. It is important to note that the UKBA has placed this limit on the number of applications submitted, rather than the number of applications approved. The limit will only apply to those applications submitted from outside of the UK. Applications submitted from within the UK (either switching from another category or extending from HSMP or Tier 1 (General)) will not be included within the scope of this limit.

Applications within the scope of this limit will be processed on a first come, first served basis. Any applications over and above the monthly limit will be held in a queue until the next month.

The UK Border Agency has not yet announced what the monthly limit will be. We will confirm this ‘quota’ as when this information is released by the UKBA.

Change in qualifying criteria

From the 19th July, applicants under the Tier 1 (General) scheme will need to gain an extra 5 points (100 instead of 95) in order to qualify for the scheme. This change will apply to all applicants (including in-country applications) except those who are extending from a highly skilled category (i.e. HSMP or Tier 1 (General)). The UK Border Agency has not yet announced whether they will be changing the points allocation for various attributes or even where this extra 5 points must be gained. This being said, it is likely that it will simply be a case of applicants needing to score an extra 5 points in the main ‘attributes’ section, i.e. from the ‘Age’, ‘Qualifications’, ‘Previous Earnings’ and ‘UK Experience’ sections.

We will confirm the details regarding the implementation of this change as soon as this information is released by the UK Border Agency.

We would advise all individuals interested in making an application under the Tier 1 (General) scheme over the coming months to contact UK Work Permits immediately with a view to submitting the application as soon as possible, and if viable, before the 19th July 2010.

Interim Limit – Tier 2 (General) Scheme

From Monday 19^th July 2010, the UK Border Agency will be introducing a limit to the number of applications under the Tier 2 (General) scheme. It is worth noting that, for the moment at least, all other sub-tiers of Tier 2 (including Tier 2 (Intra-Company Transfers) are exempted from this limit. This is an interim limit being introduced to stop a ‘rush’ of applications before a permanent cap is introduced in April 2011.

It is not yet completely clear how this interim limit will operate, although it is apparent that it will centre on the granting of Certificates of Sponsorship quotas to Licensed Sponsors. In order to sponsor an individual under Tier 2, a company must hold a Sponsor’s Licence and have a quota of unused Certificates of Sponsorship. It appears that over the coming months (at least until April 2011), the UK Border Agency will tightly monitor and control the granting of these quotas, with priority going to the following:

• New sponsors who have not yet sponsored any migrant workers;
• Sponsors who wish to extend an employee’s existing Work Permit or Tier 2 visa;
• Sponsors who wish to employ migrant workers to perform Shortage Occupation roles.

The UK Border Agency has stated that it will be publishing details regarding the exact way in which sponsor’s quota requests are handled on Monday 19^th July 2010.

As the limit is going to work around the issuing of Certificates of Sponsorship, it appears that once an employer has a specific quota of Certificates, it is free to issue these as it wishes, and the individuals concerned will not face any further difficulties in obtaining their visas. Likewise, any individual currently holding an assigned Certificate of Sponsorship will not be affected by the limit. This being said, it is important to note that if a Certificate of Sponsorship is issued incorrectly or a visa application is unsuccessful, the Certificate will often be rendered ‘used’. From the 19^th July it may be harder to obtain a new Certificate to replace the ‘used’ one.

Contrary to the supposed objectives of this policy, this limit will affect those applying for Tier 2 (General) visas from within the UK in exactly the same way as it will affect those applying from outside of the UK.

The UK Border Agency has not yet confirmed the exact number to which they will be limiting the issuing of Certificates of Sponsorship under the Tier 2 (General) scheme, although this is thought to be around 5% less than the equivalent period last year.

We would advise all employers holding Sponsor’s Licences to immediately request a sufficient number of Certificates of Sponsorship to see them through the 12 months that the allocation is valid. Similarly, we would advise all employers who are considering sponsoring a migrant worker in the next year but who do not currently hold a Sponsor’s Licence to apply for a Licence as soon as possible. Although this limit may seem severe, it is likely that the permanent limit to be introduced in April 2011 will be even more so.

The UK Border Agency has today published new information regarding the Interim limit that will be introduced on Monday 19th July 2010. It is now clear that the following categories of the Points Based System will be affected by the introduction of this limit:

• Tier 1 (General). A limit will be introduced on the number of out of country Tier 1 (General) applications considered every month. All applicants will also need to score 100 points instead of the current 95.
• Tier 2 (General). A limit will be introduced on the number of Certificates of Sponsorship awarded to Sponsors. Priority will be given to the following:

o Companies who have just been issued a Sponsor’s Licence;
o Companies who wish to sponsor migrant workers to perform a role on the Shortage Occupation List;
o Companies who wish to extend a current employee’s work permit or Tier 2 visa.

All other Tiers and Sub-Tiers will remain un-affected by these limits, including the following:

• Tier 4 (Students) visa;
• Dependants;
• Tier 2 (Intra-Company Transfers);
• Tier 5

The UK Border Agency has also launched a consultation of UK employers and other stakeholders ahead of the implementation of a permanent limit in April 2011. UK Work Permits will be publishing our response to this consultation document shortly.

Special Promotion on fees for ILR Premium Service and Postal applications: Extended until 31/07/2010.

Due to extra same day slot availability combined with aggressive competition on pricing by some little-known recent entrants to the market, UKWP are continuing to offer promotional rates on our ILR fees until 31st July 2010. Our fees until this date will be as follows:

Same Day Application:           £485 +VAT (main applicant)

Postal Application:                  £299 +VAT (main applicant)

Dependents:                                £50 +VAT

These fees will apply only in the case of files that are opened on or before 31st July 2010. This means that cases need to have been assessed, and terms and conditions need to have been signed and returned before this date.

We are also able to offer our 110% refund guarantee for our clients’ complete peace of mind.

The Home Secretary, Theresa May has today announced that a temporary limit on the numbers of non-EEA nationals entering the UK will be introduced from Monday 19^th July 2010. This temporary limit is designed to stop a supposed ‘rush’ of applications from those individuals eager to enter the UK before a permanent limit is introduced in April 2011.

At the moment, published information regarding this limit is sparse and inadequate. The UK Border Agency is yet to publish a full news article regarding the limit, so as of yet, many questions remain unanswered. The following information is fairly certain:

1. The temporary limit will be introduced from Monday 19^th July 2010;
2. The limit will only apply to Tiers 1 and Tiers 2 of the Points Based System (it is unclear which subcategories of Tier 1 will be effected, although it is thought that the Tier 1 (General) scheme will be);
3. The limit will not apply to the following categories:
   1. Tier 2 (Intra-Company Transfers);
   2. Tier 2 (Ministers of Religion);
   3. Tier 2 (Sportspersons);
   4. Tier 4 (Student visas);
   5. The UK Border Agency will also amend the points allocation for the Tier 1 (General) scheme. It is likely that applicants will need to gain an extra 5 points in the main ‘attributes’ section.

There are of course many questions that are yet to be answered. Hopefully the UK Border Agency will be clarifying exactly how the Limit and other associated changes will be introduced over the next few days.

UK Work Permits Ltd will be providing updates as and when further information surfaces regarding these changes.

Special Promotion on fees for ILR Premium Service and Postal applications: Until 30/04/2010.

Due to extra same day slot availability combined with aggressive competition on pricing by some little-known recent entrants to the market, UKWP are running promotions on our ILR fees until 30th April 2010. Our fees until this date will be as follows:

Same Day Application:           £485 +VAT (main applicant)

Postal Application:                  £299 +VAT (main applicant)

Dependents:                                £50 +VAT

These fees will apply only in the case of files that are opened on or before 30th April 2010. This means that cases need to have been assessed, and terms and conditions need to have been signed and returned before this date.

We are also able to offer our 110% refund guarantee for our clients’ complete peace of mind.