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UK points-based immigration system: employer information

From 1 January 2021, free movement will end and the UK will introduce a points-based immigration system. The new system will treat EU1 and non-EU citizens equally and transform the way in which all migrants come to the UK to work. Anyone coming to the UK to work, excluding Irish citizens, will need to apply for permission in advance. Under a points-based immigration system, anyone coming to the UK for work must meet a specific set of requirements for which they will score points. Visas are then awarded to those who gain enough points. The points-based system will provide simple, effective and flexible arrangements for UK employers to recruit skilled workers from around the world through a number of different immigration routes. This represents a significant change for employers recruiting from outside the UK labour market, who will need to adapt. This guide provides an overview of the new system and sets out the steps employers can take to prepare. EU citizens already living in the UK The new system will not apply to EU citizens living in the UK by 31 December 2020. They and their family members are eligible to apply to the EU Settlement Scheme and have until...

No recourse to public funds applications to change conditions of leave: July 2020

No recourse to public funds applications to change conditions of leave: July 2020 No Recourse To Public Funds (NRPF) is a standard condition applied to those in the UK with a temporary immigration status in order to protect public funds. Most migrants visiting, studying, working or joining family in the UK are subject to an NRPF condition until they have obtained indefinite leave to remain. Migrants here without leave are also subject to NRPF, by virtue of their being in the UK without status. Exceptions are made in respect of some migrants, such as families here on the basis of family life/Article 8, where the condition is lifted if the family can provide evidence that they would otherwise be destitute. Migrants with leave under the family and human rights routes can apply to have the NRPF restriction lifted by making a ‘change of conditions’ application if there has been a change in their financial circumstances. The figures included in this ad-hoc release relate to these change of conditions applications, and subsequent decisions. These figures do not directly relate to people, but rather individual claims and their outcomes. More than one claim can be made during a grant of leave and subsequent...

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents This is advice for visa customers and applicants in the UK, visa customers outside of the UK and British nationals overseas who need to apply for a passport affected by travel restrictions associated with coronavirus. You can speak to our dedicated Client Support Team on 0207 237 3388 about your legal status in the UK.  Here are some important elements to consider post the temp concession policies: The Home Office only permitting a period of leave until 31st August 2020 and you must then depart from the UK. There are struct policies and you must adhere to those. Leaving the UK is important, as overstaying in the UK can result in a ban. Whilst you have been allowed to stay during the temporary measures, you must leave the UK now. Those who are on long term visas or residency permits, do not benefit from these provisions. This can cause breaks in your residency also referred as lawful residency. This was a temporary measure in place, to avoid those who were leaving the UK, to stay here until it was safe to return. If you decide to stay in the...

Acquisition of British citizenship

However, individuals holding ILR may apply for British citizenship. If individuals who have ILR for twelve months or longer and are over 18 and have been ordinarily resident in the United Kingdom for the last five years. ILR grants you the right to live and work in the UK which is free from immigration restrictions. A child born in the United Kingdom after 1983 to persons who are not British citizens will not automatically be a British citizen. Before 1 July, 2006 only a child who is born to parents who are married to each other could automatically derive British citizenship from the father if the father was a British citizen. If the parents are not married when the child is born and if they get married after their child’s born and the marriage legitimates the child then if the father is a British citizen the child would become a British citizen. Children who are born after 1 July 2006 an unmarried father has equal rights to pass the British citizenship to a child. Unless you have a claim to citizenship based on ancestry you can apply for British citizenship by Naturalisation. You will more likely have to apply for...

Work permits in the UK

As a top travel industry and study destination, UK has attained a success in persuading workers from different region in the world. With a highly developed and profoundly rich economy, the UK offers employee not only vacant jobs and high salaries it provides workers a good working conditions where workers are respected. However, not everybody obtain the opportunity to work. There are a large number of procedures that one needs to complete and conditions to meet to be able to work in the UK. One of fundamental parts of having option to work in the UK is getting the right kind of work visa. Depending on your profession and qualification there are several work visas for UK. This article will explain a list of the main UK work visas, shortly and simply explained. The UK work visas are categorized in four main groups, as follows: Short term work visas Long term work visas Investor, business development and talent visas Other work visas and exemptions Long-term work visas: General work visa (Tier 2) This visa is issued to them from outside the European Economic Area (EEA) and Switzerland who has received a job offer in the UK. The applicants must be...

UK visa processing time

UK visa processing time may vary depending on the sorts of visas you are applying for. Your waiting time may differ based on where you create application from. Having distinct embassy guidelines for different nations causes the variety of visa processing time. When you want to visit the UK If you apply for UK visit visa, UK home office will more likely give you the decision within three weeks of attending your appointment. Here one week means five working days provided that you are applying for a visa to visit the UK: For a holiday or to see family or friends For the purpose of business trip or meeting For getting married Travelling through the UK UK home office will more likely give you the decision within three weeks of attending your appointment at the visa application centre where one week is five working days provided that you are applying for a visa to travel through the UK on your way to another country. You may be able to get your visa faster depending on what country you are applying from.  For more details visit here If you need to study in the UK You should get a decision on...

UK spouse visa document checklist

This article will present you the UK spouse visa document checklist for you to follow so as to ensure that you can adequately prove that you fulfil the financial requirements for the UK spouse visa application criteria. Before we dive into the guidelines about UK spouse visa document checklist, it is vital to show the resignation. Advices you find this article does not compose as legal advice. This is just a guideline in order to make sure that your chances of the success of your applications are augmented. For the successful application procedures, you should better book an appointment with one of our consultants at ICS Legal. As legal immigration advisors they shared the information regarding UK spouse visa application. Let’s get started. The required financial documents will have to be the sponsor’s financial income. If the applicant works in his own country, UK home office does not require submitting what he earns but the UK home office is keen to know that sponsor is capable to bear the living cost and other required cost of the applicant. The financial requirement now at present annually is £18,600. UK Spouse Visa document checklist for meeting the Income Requirement – 2019: Relationship...

Introducing Brexit and how it will affect us

A new word was made – Brexit – which is a short way of saying "the UK leaves the EU" by mixing the words Britain and Exit. However, what does Brexit really mean and in what manner will it influence all of us? The EU is an economic and political union who are involving 28 countries. Every one of these nations pays to be a part and consequently they gain access to special ways of working together. People of these countries can trade with one another and move freely, as if they are living together in one big country. The UK joined in 1973 after World War 2 with the idea if countries work together; they are unlikely to go to war again. However, vote was held on Thursday 23 June 2016 which is to decide if the UK should leave or remain. The leave had wined by 52% to 48%. The referendum turnout was exceptionally high at 72% with more than 30 million voting whereas 17.4 million people stood in the side of Brexit. The 48 percent who wanted to remain in the EU, including previous Prime Minister David Cameron consider that being a member from a 28-country club...

The UK’s future skills-based immigration system

The Government has published its guidance on the future of the UKVI's new reformed immigration system: During the Implementation Period, Home Office will implement the EU Settlement Scheme. This gives EU citizens already here, and also those who arrive in the UK during the Implementation Period, the opportunity to secure their future residence in the UK. The UK has agreed with the EU on rights for EU citizens already living in the UK and UK nationals living in the EU, to enable them to carry on with their lives broadly as now. The Government is finalising arrangements with negotiating with European Free Trade Association (EFTA) States – Norway, Iceland, Liechtenstein and Switzerland – to bring about similar arrangements for their citizens. The Government has made clear that the CTA and associated rights between the UK, Ireland and the Crown Dependencies will be unaffected by the UK’s exit. Irish and British citizens will continue to enjoy the freedom to travel within the CTA without the need for immigration controls or residence/work permits. Irish citizens do not need to obtain settled status in the UK. The UK will leave the EU on 29 March 2019. There will be an Implementation Period, planned to...

KO (Nigeria) [2018] UKSC 53 and Rhuppiah [2018] UKSC 58

The case of KO (Nigeria) [2018] UKSC 53 and Rhuppiah [2018] UKSC 58 plays an important role towards Tribunal's decision, whether a removal direction is lawful in line with Article 8 ECHR. By the Immigration Act 2014, Parliament introduced Part 5A to the Nationality, Immigration and Asylum Act 2002 which seeks to direct courts and tribunals as to how to conduct this balancing exercise. KO (Nigeria) and Rhuppiah are the first cases in which the Supreme Court has had to consider these provisions. In doing so, the Supreme Court has largely continued to narrow the scope of protection provided for migrants in the UK by Article 8. Rhuppiah [2018] UKSC 58 concerned s 117B(3) and (5). Mrs Rhuppiah, a Tanzanian national, entered the UK in 1997 with leave to remain for 3 months in 1997. She was granted various other periods of leave to remain, although sometimes with breaks between her visas during which time she was in the UK unlawfully. While studying at college, Mrs Rhuppiah met Ms Charles who suffers from a gravely debilitating illness. Mrs Rhuppiah lives with Ms Charles and provides care gratuitously to her. Mrs Rhuppiah's leave to remain expired in 2009 and she had not been...