autumn 12 INSiGHT from Smith Stone Walters
FAMILY MIGRATION RULE CHANGE A number of changes to the Immigration Rules came into effect on 9 July 2012 which now affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. Aside from migrant spouses and partners now being required to complete a 5 year probationary period before being eligible for settlement (covered elsewhere in this edition), one of the other key changes centres on an increase in the required income thresholds for UK-based sponsors. These reforms include: The minimum income threshold for a UK citizen or person settled in the UK to sponsor the settlement of a spouse or partner of non-EEA nationality rising to £18,600 per annum. This new minimum figure is a £5,000 increase on the previous threshold of £13,700.
LATEST NEWS
A partner with one child evidencing a minimum income threshold of £22,400 per year with an extra £2,400 for every additional child thereafter.
05
autumn 12 INSiGHT from Smith Stone Walters
focus
To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...
UK: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley, Kent, BR1 1LT
USA: Smith Stone Walters 111 John Street Suite 800 New York, NY, 10038
Hong Kong: Smith Stone Walters Level 21 The Center 99 Queen’s Road Central Central, Hong Kong
India: Smith Stone Walters The Capital, C-70 G Block BKC, Bandra (E) Mumbai, 4000051
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: info@ smithstonewalters.com
Tel: +1 646 378 4406 Fax: +1 646 378 4409 Email: usa@ smithstonewalters.com
Tel: +852 3478 3757 Fax: +852 3478 3760 Email: hk@ smithstonewalters.com
Tel: +91 22 6712 8435 Fax: +91 22 6712 8999 Email: india@ smithstonewalters.com
autumn 12
Immigration News & Views from Smith Stone Walters
Sponsorship Licence Renewal
UKBA processing times –
The UKBA introduced the Sponsor Licence scheme on 28 November 2008. From this date, all companies in the UK required a Sponsor Licence to sponsor new hires or extend work visas for existing employees under the Tier 2 visa scheme. To continue as a sponsor, employers will need to ensure a renewal application is made prior to the expiry of their existing licence.
room for improvement
Why do we need to do this? Sponsor Licences are valid for 4 years only. It is imperative that you establish when your company’s Sponsor Licence will expire. If your licence is not renewed before the expiry date it will be cancelled. Your company will then not be able to sponsor new hires and all currently sponsored employees will have their visas curtailed and will need to leave the UK or change visa category if they are eligible.
A growing number of reports suggest these new tighter regulations are already causing difficulties for many people in the UK with many British nationals now unable to bring their non-EEA spouses or partners into the UK because of the introduction of a new £18,600 income threshold for the UK-based sponsor. However, in the face of widespread criticism of the new measures, the government has refused to concede ground. Stricter regulations imposed will also be felt by those UK-based families seeking to sponsor adult and elderly dependants (such as parents) to settle in the UK. Going forward, applications will only be accepted where it can be demonstrated that, as a result of age, illness or disability, the elderly dependant requires a level of long-term personal care that can only be provided by a relative in the UK. Furthermore, the previous opportunity to file such an application from within the UK (i.e. whilst the elderly dependant was visiting this country) has been removed altogether. All such applications must now be filed from overseas whilst the family member waits outside the UK for the decision to be made.
For full support and guidance in filing such visa applications, please contact one of Smith Stone Walters’s offices today
We therefore recommend all sponsors to: 1. Establish what date your Licence is due to expire 2. Advise Smith Stone Walters of this date 3. Diarise to action this renewal 3-4 months before the Licence is due to expire If you do not know when your Licence will expire, you will need to contact the UK Border Agency Sponsor Licence Unit as soon as possible to obtain this information quoting your Sponsor Licence Number if available. If Smith Stone Walters assisted your company with obtaining your Licence, we will hold details of your expiry date and will inform you of this.
IN THIS ISSUE 01 02
03 File on-line and on time! You will be able to apply to renew your licence 3 months before it expires. Renewal applications and payment must be made via your account on the Sponsor Management System. When filing for a sponsorship renewal it is essential that your company profile and the details of your key personnel listed on the licence are up-to-date and accurate. This information should always be kept up-to-date.
Check that you are compliant Complying with the UKBA’s Sponsor Duties is essential since Compliance officers will audit Sponsors to ensure that they have: Applied for Tier 2 visas in line with the immigration rules and Maintained robust HR systems and processes to track and retain documents and details for employees subject to immigration control Audits may be announced (typically with one week’s notice), but unannounced visits are common. Smith Stone Walters expect that there will be rise in the number of
audits at the point of licence renewal. If a company is found to be noncompliant or employing an illegal worker they may have their licence downgraded or revoked. We strongly recommend sponsors regularly review their internal HR systems and processes to ensure they still meet with the published (but ever changing) UKBA Sponsor Duties.
04 05
How can Smith Stone Walters help us? Aside from assisting in the filing of your company’s licence renewal, our company can provide you with a tailored ‘Mock Audit’ service to review your HR files and systems. We check to ensure that your company meets the current requirements and advise where action is required to comply with the immigration rules. We also provide guidance on what to expect at a UKBA Audit and can be present to facilitate any such meeting at your request.
If these services are of interest to you, please contact your Smith Stone Walters account manager for a fee quotation
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
04
Smith Stone Walters India office now open!
editorial:
UKBA Application Processing… will the service ever improve? latest changes:
Stronger Penalties for Overstayers Tier 2 Cooling Off Period Exemption for Summer 2011 Interns Preventing Illegal Working – Revised Guidance Citizenship Applications From the UK Only Tuberculosis (TB) Screening – New Requirement New 5 Year Wait for Spouse Settlement latest news:
Family Migration Rule Change focus on:
Sponsorship Licence Renewal
autumn 12 INSiGHT from Smith Stone Walters
02
With 7 public enquiry offices dotted around the UK, we are finding an increasing number of clients willing to travel from London to the likes of Glasgow, Cardiff and Sheffield just to secure ‘one day’ processing within one of these public enquiry offices rather than be forced to file their application via the postal route. The UKBA needs to meet the growing demand for a swifter service in processing outstanding applications. Either they look to improve and expand the Premium processing service offered via their public enquiry offices by increasing the number of appointments available to customers, or they introduce a Premium Postal service whereby migrants can be assured their cases will be considered within a realistic and defined period. Either way, they must show a turn of speed in considering outstanding cases if the confidence in the system is not to reach rock bottom.
Sponsorship Licence Renewals Inside this edition of Insight you will find an assortment of immigration changes and announcements from the UKBA. If you are an employer, please take note of the need to ensure that you have liaised with Smith Stone Walters in regards to arranging the renewal of your licence. If your sponsorship licence is nearing expiry, the need to file a renewal in time cannot be ignored without serious consequences on your migrant employee population.
Instead, all applications must be sent to: UK Border Agency PO BOX 306 Liverpool United Kingdom L2 OQN The only exception to this rule is offered to residents in Hong Kong who can continue to submit their application at their British Consulate General.
Overstaying visa conditions imposed is never advisable. However, it is now more important than ever to ensure applications to extend leave to remain in the UK are made in good time.
LATEST CHANGES
editorial
Public Enquiry Offices
It has been announced that as of 16 July 2012, applications for British nationality will no longer be accepted via overseas British posts.
the points-based system all working and student routes visiting routes long residency routes discharged HM Forces UK ancestry routes.
Delays
TIER 2 COOLING OFF PERIOD EXEMPTION FOR SUMMER 2011 INTERNS Following the introduction of Tier 2 (General) cooling off rules in February this year, any migrant worker who left Tier 2 now needs to wait a year from the end of their last application before they can apply again through that route. However, following much lobbying by interested parties, the UKBA has announced a temporary exemption for those students who worked as interns in the UK last summer and want to return to a graduate job with the same company. To qualify for the temporary exemption, which is available until 31 October, candidates must: be sponsored by the same company where you worked as an intern in the summer of 2011 have previously been granted permission under Tier 2 (General) with that company for a temporary job lasting no more than 4 months as an intern or a summer associate have completed a degree course within 18 months of your application be returning to the UK on a graduate trainee scheme be making a Tier 2 (General) application with a start date on the certificate of sponsorship of 31 October 2012 or before.
For further guidance and advice on how Tier 2 cooling off can affect your employees, please contact your Smith Stone Walters adviser
PREVENTING ILLEGAL WORKING – REVISED GUIDANCE With employers facing fines of £10,000 for employing a migrant worker illegally, it is more important than ever to check if someone has a right to work. The UKBA has therefore launched updated guidance for employers on preventing ‘illegal working’, which provides information on which documents are acceptable when proving a right to work and provides more clarity on issues such as the various work restrictions placed on students from outside the European Economic Area (EEA). The guide can be downloaded from: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/ preventingillegalworking/
Please contact a Smith Stone Walters adviser today to gain further information on our compliance checking service offering available to UK-based employers
autumn 12 INSiGHT from Smith Stone Walters
CITIZENSHIP APPLICATIONS FROM THE UK ONLY
From 1 October 2012 any migrant who has overstayed their leave by more than 28 days will have any application for further leave refused. This fundamental change in the Immigration Rules will affect applicants applying for further leave under:
Welcome to the autumn edition of Insight. Following a celebrated summer of sport from which Team GB and the nation still bask in praise and adulation from all quarters, it is fair to say that the UK Border Agency (UKBA) played their part in ensuring smooth passage through the airports for both competitors and overseas visitors alike. It is just a shame that this ‘can do’ attitude cannot be transferred to the Immigrations Teams responsible for bringing down the processing times for outstanding ‘in-country’ visa applications.
To many migrant workers currently working in the UK, their ability to travel at short notice on business is essential. The thought of using the UKBA’s current postal service to file an extension application and have no guarantee on when to expect their passport back is therefore beyond contemplation. As a consequence, the demand for ‘Premium’ processing by securing an appointment at one of the UKBA’s Public Caller Offices is reaching bursting point.
03
STRONGER PENALTIES FOR OVERSTAYERS
UKBA Application Processing… will the service ever improve?
The pace shown by the UKBA in dealing with ‘postal’ applications has been slowing to a canter all year. For those individuals currently looking to file their applications via the postal route, they will experience delays running into weeks/months before their application will see the light of day. Frustratingly, any attempt to gain an interim update on the progress of an unresolved case is routinely snubbed by the UKBA on the basis that they only provide status updates on cases outstanding for more than 6 months!
autumn 12 INSiGHT from Smith Stone Walters
TUBERCULOSIS (TB) SCREENING – NEW REQUIREMENT LATEST CHANGES
01
A new programme has now commenced whereby migrants wanting to enter the UK for more than 6 months, from countries with a high incidence of TB, will now need to be screened before being granted a visa. Sixty-seven countries will be included in the pre-screening pilot. This list of countries includes Kenya, Pakistan, India and Thailand. Overseas nationals (including Tier 2 workers) seeking to enter the UK from these regions will now be required to produce a certificate proving they are free from TB from an approved clinic before their visa will be issued. UK employers should therefore note this additional requirement may result in delaying some migrant workers entry to the UK.
NEW 5 YEAR WAIT FOR SPOUSE SETTLEMENT As of 9 July 2012 family members and partners seeking entry to the UK on the basis of their relationship to someone settled and present in the UK are now required to complete 5 years in the UK before they can apply for settled status. This is a marked increase on the previous 2 year requirement for spouses/partners. When seeking to enter the UK on this basis, overseas nationals are now initially being given leave to enter for two-and-a-half years after which they can apply for another period of two-and-a-half years. To subsequently secure UK settlement (‘residency’) the couple will need to evidence their UK-based co-habitation throughout the preceding 5 year period. Other announced changes to the family migration rules including the new minimum income thresholds are covered in LATEST NEWS.
autumn 12 INSiGHT from Smith Stone Walters
02
With 7 public enquiry offices dotted around the UK, we are finding an increasing number of clients willing to travel from London to the likes of Glasgow, Cardiff and Sheffield just to secure ‘one day’ processing within one of these public enquiry offices rather than be forced to file their application via the postal route. The UKBA needs to meet the growing demand for a swifter service in processing outstanding applications. Either they look to improve and expand the Premium processing service offered via their public enquiry offices by increasing the number of appointments available to customers, or they introduce a Premium Postal service whereby migrants can be assured their cases will be considered within a realistic and defined period. Either way, they must show a turn of speed in considering outstanding cases if the confidence in the system is not to reach rock bottom.
Sponsorship Licence Renewals Inside this edition of Insight you will find an assortment of immigration changes and announcements from the UKBA. If you are an employer, please take note of the need to ensure that you have liaised with Smith Stone Walters in regards to arranging the renewal of your licence. If your sponsorship licence is nearing expiry, the need to file a renewal in time cannot be ignored without serious consequences on your migrant employee population.
Instead, all applications must be sent to: UK Border Agency PO BOX 306 Liverpool United Kingdom L2 OQN The only exception to this rule is offered to residents in Hong Kong who can continue to submit their application at their British Consulate General.
Overstaying visa conditions imposed is never advisable. However, it is now more important than ever to ensure applications to extend leave to remain in the UK are made in good time.
LATEST CHANGES
editorial
Public Enquiry Offices
It has been announced that as of 16 July 2012, applications for British nationality will no longer be accepted via overseas British posts.
the points-based system all working and student routes visiting routes long residency routes discharged HM Forces UK ancestry routes.
Delays
TIER 2 COOLING OFF PERIOD EXEMPTION FOR SUMMER 2011 INTERNS Following the introduction of Tier 2 (General) cooling off rules in February this year, any migrant worker who left Tier 2 now needs to wait a year from the end of their last application before they can apply again through that route. However, following much lobbying by interested parties, the UKBA has announced a temporary exemption for those students who worked as interns in the UK last summer and want to return to a graduate job with the same company. To qualify for the temporary exemption, which is available until 31 October, candidates must: be sponsored by the same company where you worked as an intern in the summer of 2011 have previously been granted permission under Tier 2 (General) with that company for a temporary job lasting no more than 4 months as an intern or a summer associate have completed a degree course within 18 months of your application be returning to the UK on a graduate trainee scheme be making a Tier 2 (General) application with a start date on the certificate of sponsorship of 31 October 2012 or before.
For further guidance and advice on how Tier 2 cooling off can affect your employees, please contact your Smith Stone Walters adviser
PREVENTING ILLEGAL WORKING – REVISED GUIDANCE With employers facing fines of £10,000 for employing a migrant worker illegally, it is more important than ever to check if someone has a right to work. The UKBA has therefore launched updated guidance for employers on preventing ‘illegal working’, which provides information on which documents are acceptable when proving a right to work and provides more clarity on issues such as the various work restrictions placed on students from outside the European Economic Area (EEA). The guide can be downloaded from: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/ preventingillegalworking/
Please contact a Smith Stone Walters adviser today to gain further information on our compliance checking service offering available to UK-based employers
autumn 12 INSiGHT from Smith Stone Walters
CITIZENSHIP APPLICATIONS FROM THE UK ONLY
From 1 October 2012 any migrant who has overstayed their leave by more than 28 days will have any application for further leave refused. This fundamental change in the Immigration Rules will affect applicants applying for further leave under:
Welcome to the autumn edition of Insight. Following a celebrated summer of sport from which Team GB and the nation still bask in praise and adulation from all quarters, it is fair to say that the UK Border Agency (UKBA) played their part in ensuring smooth passage through the airports for both competitors and overseas visitors alike. It is just a shame that this ‘can do’ attitude cannot be transferred to the Immigrations Teams responsible for bringing down the processing times for outstanding ‘in-country’ visa applications.
To many migrant workers currently working in the UK, their ability to travel at short notice on business is essential. The thought of using the UKBA’s current postal service to file an extension application and have no guarantee on when to expect their passport back is therefore beyond contemplation. As a consequence, the demand for ‘Premium’ processing by securing an appointment at one of the UKBA’s Public Caller Offices is reaching bursting point.
03
STRONGER PENALTIES FOR OVERSTAYERS
UKBA Application Processing… will the service ever improve?
The pace shown by the UKBA in dealing with ‘postal’ applications has been slowing to a canter all year. For those individuals currently looking to file their applications via the postal route, they will experience delays running into weeks/months before their application will see the light of day. Frustratingly, any attempt to gain an interim update on the progress of an unresolved case is routinely snubbed by the UKBA on the basis that they only provide status updates on cases outstanding for more than 6 months!
autumn 12 INSiGHT from Smith Stone Walters
TUBERCULOSIS (TB) SCREENING – NEW REQUIREMENT LATEST CHANGES
01
A new programme has now commenced whereby migrants wanting to enter the UK for more than 6 months, from countries with a high incidence of TB, will now need to be screened before being granted a visa. Sixty-seven countries will be included in the pre-screening pilot. This list of countries includes Kenya, Pakistan, India and Thailand. Overseas nationals (including Tier 2 workers) seeking to enter the UK from these regions will now be required to produce a certificate proving they are free from TB from an approved clinic before their visa will be issued. UK employers should therefore note this additional requirement may result in delaying some migrant workers entry to the UK.
NEW 5 YEAR WAIT FOR SPOUSE SETTLEMENT As of 9 July 2012 family members and partners seeking entry to the UK on the basis of their relationship to someone settled and present in the UK are now required to complete 5 years in the UK before they can apply for settled status. This is a marked increase on the previous 2 year requirement for spouses/partners. When seeking to enter the UK on this basis, overseas nationals are now initially being given leave to enter for two-and-a-half years after which they can apply for another period of two-and-a-half years. To subsequently secure UK settlement (‘residency’) the couple will need to evidence their UK-based co-habitation throughout the preceding 5 year period. Other announced changes to the family migration rules including the new minimum income thresholds are covered in LATEST NEWS.
autumn 12 INSiGHT from Smith Stone Walters
02
With 7 public enquiry offices dotted around the UK, we are finding an increasing number of clients willing to travel from London to the likes of Glasgow, Cardiff and Sheffield just to secure ‘one day’ processing within one of these public enquiry offices rather than be forced to file their application via the postal route. The UKBA needs to meet the growing demand for a swifter service in processing outstanding applications. Either they look to improve and expand the Premium processing service offered via their public enquiry offices by increasing the number of appointments available to customers, or they introduce a Premium Postal service whereby migrants can be assured their cases will be considered within a realistic and defined period. Either way, they must show a turn of speed in considering outstanding cases if the confidence in the system is not to reach rock bottom.
Sponsorship Licence Renewals Inside this edition of Insight you will find an assortment of immigration changes and announcements from the UKBA. If you are an employer, please take note of the need to ensure that you have liaised with Smith Stone Walters in regards to arranging the renewal of your licence. If your sponsorship licence is nearing expiry, the need to file a renewal in time cannot be ignored without serious consequences on your migrant employee population.
Instead, all applications must be sent to: UK Border Agency PO BOX 306 Liverpool United Kingdom L2 OQN The only exception to this rule is offered to residents in Hong Kong who can continue to submit their application at their British Consulate General.
Overstaying visa conditions imposed is never advisable. However, it is now more important than ever to ensure applications to extend leave to remain in the UK are made in good time.
LATEST CHANGES
editorial
Public Enquiry Offices
It has been announced that as of 16 July 2012, applications for British nationality will no longer be accepted via overseas British posts.
the points-based system all working and student routes visiting routes long residency routes discharged HM Forces UK ancestry routes.
Delays
TIER 2 COOLING OFF PERIOD EXEMPTION FOR SUMMER 2011 INTERNS Following the introduction of Tier 2 (General) cooling off rules in February this year, any migrant worker who left Tier 2 now needs to wait a year from the end of their last application before they can apply again through that route. However, following much lobbying by interested parties, the UKBA has announced a temporary exemption for those students who worked as interns in the UK last summer and want to return to a graduate job with the same company. To qualify for the temporary exemption, which is available until 31 October, candidates must: be sponsored by the same company where you worked as an intern in the summer of 2011 have previously been granted permission under Tier 2 (General) with that company for a temporary job lasting no more than 4 months as an intern or a summer associate have completed a degree course within 18 months of your application be returning to the UK on a graduate trainee scheme be making a Tier 2 (General) application with a start date on the certificate of sponsorship of 31 October 2012 or before.
For further guidance and advice on how Tier 2 cooling off can affect your employees, please contact your Smith Stone Walters adviser
PREVENTING ILLEGAL WORKING – REVISED GUIDANCE With employers facing fines of £10,000 for employing a migrant worker illegally, it is more important than ever to check if someone has a right to work. The UKBA has therefore launched updated guidance for employers on preventing ‘illegal working’, which provides information on which documents are acceptable when proving a right to work and provides more clarity on issues such as the various work restrictions placed on students from outside the European Economic Area (EEA). The guide can be downloaded from: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/ preventingillegalworking/
Please contact a Smith Stone Walters adviser today to gain further information on our compliance checking service offering available to UK-based employers
autumn 12 INSiGHT from Smith Stone Walters
CITIZENSHIP APPLICATIONS FROM THE UK ONLY
From 1 October 2012 any migrant who has overstayed their leave by more than 28 days will have any application for further leave refused. This fundamental change in the Immigration Rules will affect applicants applying for further leave under:
Welcome to the autumn edition of Insight. Following a celebrated summer of sport from which Team GB and the nation still bask in praise and adulation from all quarters, it is fair to say that the UK Border Agency (UKBA) played their part in ensuring smooth passage through the airports for both competitors and overseas visitors alike. It is just a shame that this ‘can do’ attitude cannot be transferred to the Immigrations Teams responsible for bringing down the processing times for outstanding ‘in-country’ visa applications.
To many migrant workers currently working in the UK, their ability to travel at short notice on business is essential. The thought of using the UKBA’s current postal service to file an extension application and have no guarantee on when to expect their passport back is therefore beyond contemplation. As a consequence, the demand for ‘Premium’ processing by securing an appointment at one of the UKBA’s Public Caller Offices is reaching bursting point.
03
STRONGER PENALTIES FOR OVERSTAYERS
UKBA Application Processing… will the service ever improve?
The pace shown by the UKBA in dealing with ‘postal’ applications has been slowing to a canter all year. For those individuals currently looking to file their applications via the postal route, they will experience delays running into weeks/months before their application will see the light of day. Frustratingly, any attempt to gain an interim update on the progress of an unresolved case is routinely snubbed by the UKBA on the basis that they only provide status updates on cases outstanding for more than 6 months!
autumn 12 INSiGHT from Smith Stone Walters
TUBERCULOSIS (TB) SCREENING – NEW REQUIREMENT LATEST CHANGES
01
A new programme has now commenced whereby migrants wanting to enter the UK for more than 6 months, from countries with a high incidence of TB, will now need to be screened before being granted a visa. Sixty-seven countries will be included in the pre-screening pilot. This list of countries includes Kenya, Pakistan, India and Thailand. Overseas nationals (including Tier 2 workers) seeking to enter the UK from these regions will now be required to produce a certificate proving they are free from TB from an approved clinic before their visa will be issued. UK employers should therefore note this additional requirement may result in delaying some migrant workers entry to the UK.
NEW 5 YEAR WAIT FOR SPOUSE SETTLEMENT As of 9 July 2012 family members and partners seeking entry to the UK on the basis of their relationship to someone settled and present in the UK are now required to complete 5 years in the UK before they can apply for settled status. This is a marked increase on the previous 2 year requirement for spouses/partners. When seeking to enter the UK on this basis, overseas nationals are now initially being given leave to enter for two-and-a-half years after which they can apply for another period of two-and-a-half years. To subsequently secure UK settlement (‘residency’) the couple will need to evidence their UK-based co-habitation throughout the preceding 5 year period. Other announced changes to the family migration rules including the new minimum income thresholds are covered in LATEST NEWS.
autumn 12 INSiGHT from Smith Stone Walters
FAMILY MIGRATION RULE CHANGE A number of changes to the Immigration Rules came into effect on 9 July 2012 which now affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. Aside from migrant spouses and partners now being required to complete a 5 year probationary period before being eligible for settlement (covered elsewhere in this edition), one of the other key changes centres on an increase in the required income thresholds for UK-based sponsors. These reforms include: The minimum income threshold for a UK citizen or person settled in the UK to sponsor the settlement of a spouse or partner of non-EEA nationality rising to £18,600 per annum. This new minimum figure is a £5,000 increase on the previous threshold of £13,700.
LATEST NEWS
A partner with one child evidencing a minimum income threshold of £22,400 per year with an extra £2,400 for every additional child thereafter.
05
autumn 12 INSiGHT from Smith Stone Walters
focus
To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...
UK: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley, Kent, BR1 1LT
USA: Smith Stone Walters 111 John Street Suite 800 New York, NY, 10038
Hong Kong: Smith Stone Walters Level 21 The Center 99 Queen’s Road Central Central, Hong Kong
India: Smith Stone Walters The Capital, C-70 G Block BKC, Bandra (E) Mumbai, 4000051
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: info@ smithstonewalters.com
Tel: +1 646 378 4406 Fax: +1 646 378 4409 Email: usa@ smithstonewalters.com
Tel: +852 3478 3757 Fax: +852 3478 3760 Email: hk@ smithstonewalters.com
Tel: +91 22 6712 8435 Fax: +91 22 6712 8999 Email: india@ smithstonewalters.com
autumn 12
Immigration News & Views from Smith Stone Walters
Sponsorship Licence Renewal
UKBA processing times –
The UKBA introduced the Sponsor Licence scheme on 28 November 2008. From this date, all companies in the UK required a Sponsor Licence to sponsor new hires or extend work visas for existing employees under the Tier 2 visa scheme. To continue as a sponsor, employers will need to ensure a renewal application is made prior to the expiry of their existing licence.
room for improvement
Why do we need to do this? Sponsor Licences are valid for 4 years only. It is imperative that you establish when your company’s Sponsor Licence will expire. If your licence is not renewed before the expiry date it will be cancelled. Your company will then not be able to sponsor new hires and all currently sponsored employees will have their visas curtailed and will need to leave the UK or change visa category if they are eligible.
A growing number of reports suggest these new tighter regulations are already causing difficulties for many people in the UK with many British nationals now unable to bring their non-EEA spouses or partners into the UK because of the introduction of a new £18,600 income threshold for the UK-based sponsor. However, in the face of widespread criticism of the new measures, the government has refused to concede ground. Stricter regulations imposed will also be felt by those UK-based families seeking to sponsor adult and elderly dependants (such as parents) to settle in the UK. Going forward, applications will only be accepted where it can be demonstrated that, as a result of age, illness or disability, the elderly dependant requires a level of long-term personal care that can only be provided by a relative in the UK. Furthermore, the previous opportunity to file such an application from within the UK (i.e. whilst the elderly dependant was visiting this country) has been removed altogether. All such applications must now be filed from overseas whilst the family member waits outside the UK for the decision to be made.
For full support and guidance in filing such visa applications, please contact one of Smith Stone Walters’s offices today
We therefore recommend all sponsors to: 1. Establish what date your Licence is due to expire 2. Advise Smith Stone Walters of this date 3. Diarise to action this renewal 3-4 months before the Licence is due to expire If you do not know when your Licence will expire, you will need to contact the UK Border Agency Sponsor Licence Unit as soon as possible to obtain this information quoting your Sponsor Licence Number if available. If Smith Stone Walters assisted your company with obtaining your Licence, we will hold details of your expiry date and will inform you of this.
IN THIS ISSUE 01 02
03 File on-line and on time! You will be able to apply to renew your licence 3 months before it expires. Renewal applications and payment must be made via your account on the Sponsor Management System. When filing for a sponsorship renewal it is essential that your company profile and the details of your key personnel listed on the licence are up-to-date and accurate. This information should always be kept up-to-date.
Check that you are compliant Complying with the UKBA’s Sponsor Duties is essential since Compliance officers will audit Sponsors to ensure that they have: Applied for Tier 2 visas in line with the immigration rules and Maintained robust HR systems and processes to track and retain documents and details for employees subject to immigration control Audits may be announced (typically with one week’s notice), but unannounced visits are common. Smith Stone Walters expect that there will be rise in the number of
audits at the point of licence renewal. If a company is found to be noncompliant or employing an illegal worker they may have their licence downgraded or revoked. We strongly recommend sponsors regularly review their internal HR systems and processes to ensure they still meet with the published (but ever changing) UKBA Sponsor Duties.
04 05
How can Smith Stone Walters help us? Aside from assisting in the filing of your company’s licence renewal, our company can provide you with a tailored ‘Mock Audit’ service to review your HR files and systems. We check to ensure that your company meets the current requirements and advise where action is required to comply with the immigration rules. We also provide guidance on what to expect at a UKBA Audit and can be present to facilitate any such meeting at your request.
If these services are of interest to you, please contact your Smith Stone Walters account manager for a fee quotation
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
04
Smith Stone Walters India office now open!
editorial:
UKBA Application Processing… will the service ever improve? latest changes:
Stronger Penalties for Overstayers Tier 2 Cooling Off Period Exemption for Summer 2011 Interns Preventing Illegal Working – Revised Guidance Citizenship Applications From the UK Only Tuberculosis (TB) Screening – New Requirement New 5 Year Wait for Spouse Settlement latest news:
Family Migration Rule Change focus on:
Sponsorship Licence Renewal
autumn 12 INSiGHT from Smith Stone Walters
FAMILY MIGRATION RULE CHANGE A number of changes to the Immigration Rules came into effect on 9 July 2012 which now affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route. Aside from migrant spouses and partners now being required to complete a 5 year probationary period before being eligible for settlement (covered elsewhere in this edition), one of the other key changes centres on an increase in the required income thresholds for UK-based sponsors. These reforms include: The minimum income threshold for a UK citizen or person settled in the UK to sponsor the settlement of a spouse or partner of non-EEA nationality rising to £18,600 per annum. This new minimum figure is a £5,000 increase on the previous threshold of £13,700.
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A partner with one child evidencing a minimum income threshold of £22,400 per year with an extra £2,400 for every additional child thereafter.
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autumn 12 INSiGHT from Smith Stone Walters
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autumn 12
Immigration News & Views from Smith Stone Walters
Sponsorship Licence Renewal
UKBA processing times –
The UKBA introduced the Sponsor Licence scheme on 28 November 2008. From this date, all companies in the UK required a Sponsor Licence to sponsor new hires or extend work visas for existing employees under the Tier 2 visa scheme. To continue as a sponsor, employers will need to ensure a renewal application is made prior to the expiry of their existing licence.
room for improvement
Why do we need to do this? Sponsor Licences are valid for 4 years only. It is imperative that you establish when your company’s Sponsor Licence will expire. If your licence is not renewed before the expiry date it will be cancelled. Your company will then not be able to sponsor new hires and all currently sponsored employees will have their visas curtailed and will need to leave the UK or change visa category if they are eligible.
A growing number of reports suggest these new tighter regulations are already causing difficulties for many people in the UK with many British nationals now unable to bring their non-EEA spouses or partners into the UK because of the introduction of a new £18,600 income threshold for the UK-based sponsor. However, in the face of widespread criticism of the new measures, the government has refused to concede ground. Stricter regulations imposed will also be felt by those UK-based families seeking to sponsor adult and elderly dependants (such as parents) to settle in the UK. Going forward, applications will only be accepted where it can be demonstrated that, as a result of age, illness or disability, the elderly dependant requires a level of long-term personal care that can only be provided by a relative in the UK. Furthermore, the previous opportunity to file such an application from within the UK (i.e. whilst the elderly dependant was visiting this country) has been removed altogether. All such applications must now be filed from overseas whilst the family member waits outside the UK for the decision to be made.
For full support and guidance in filing such visa applications, please contact one of Smith Stone Walters’s offices today
We therefore recommend all sponsors to: 1. Establish what date your Licence is due to expire 2. Advise Smith Stone Walters of this date 3. Diarise to action this renewal 3-4 months before the Licence is due to expire If you do not know when your Licence will expire, you will need to contact the UK Border Agency Sponsor Licence Unit as soon as possible to obtain this information quoting your Sponsor Licence Number if available. If Smith Stone Walters assisted your company with obtaining your Licence, we will hold details of your expiry date and will inform you of this.
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03 File on-line and on time! You will be able to apply to renew your licence 3 months before it expires. Renewal applications and payment must be made via your account on the Sponsor Management System. When filing for a sponsorship renewal it is essential that your company profile and the details of your key personnel listed on the licence are up-to-date and accurate. This information should always be kept up-to-date.
Check that you are compliant Complying with the UKBA’s Sponsor Duties is essential since Compliance officers will audit Sponsors to ensure that they have: Applied for Tier 2 visas in line with the immigration rules and Maintained robust HR systems and processes to track and retain documents and details for employees subject to immigration control Audits may be announced (typically with one week’s notice), but unannounced visits are common. Smith Stone Walters expect that there will be rise in the number of
audits at the point of licence renewal. If a company is found to be noncompliant or employing an illegal worker they may have their licence downgraded or revoked. We strongly recommend sponsors regularly review their internal HR systems and processes to ensure they still meet with the published (but ever changing) UKBA Sponsor Duties.
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How can Smith Stone Walters help us? Aside from assisting in the filing of your company’s licence renewal, our company can provide you with a tailored ‘Mock Audit’ service to review your HR files and systems. We check to ensure that your company meets the current requirements and advise where action is required to comply with the immigration rules. We also provide guidance on what to expect at a UKBA Audit and can be present to facilitate any such meeting at your request.
If these services are of interest to you, please contact your Smith Stone Walters account manager for a fee quotation
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
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Family Migration Rule Change focus on:
Sponsorship Licence Renewal