UK net migration unlikely to plunge in 2011

The UK’s net migration rate is unlikely to fall significantly in 2011, according to the Institute for Public Policy Research (IPPR) which claims that the figure for immigrants to the UK minus the number leaving will be around 200,000.

One reason it points to is that only about 30,000 UK citizens are emigrating. This is the lowest figure for almost a decade.

The government said it was committed to reducing net migration from its current 215,000 to less than 100,000 by 2015.

As well as pointing to the emigration rate, the IPPR report says that the relative strength of the British economy compared with some Eurozone countries is likely to attract migrant workers from Spain, Portugal, Greece and the Irish Republic.

The government has announced a cap on skilled workers from outside the European Economic Area and is planning to curb the number of foreign students.

But the IPPR says the cap will have only a limited effect while the student restrictions will not take full effect next year.

“The cap on skilled migration from outside the EU, which the government has already put in place, could hurt the economic recovery. Other hasty measures to reduce numbers artificially would be even more damaging.

“Bringing down the level of immigration, which has been high in recent years, is a legitimate policy goal, but this should be done by making long-term and sustainable reforms to the structure of our economy and labour market.”

The IPPR also points out that last year there was a big rise in the number of immigrants from Lithuania and Latvia – up 21,000 and 19,000 respectively compared with increases of 13,000 and 12,000 the previous year, and it predicts further rises.

 

Tier 1 (General) is closed to applications from abroad

The UK Border Agency has stopped accepting Tier 1 (General) applications made overseas, from 00:01 on 23 December 2010.

Tier 1 (General) will not reopen for new applications overseas. If you have already obtained a Tier 1 (General) visa, your dependants can still apply.

Tier 1 (General) will remain open to applicants who are already in the UK until 5 April 2011. There will be transitional arrangements for some in-country applicants beyond 6 April 2011.

Biometric resident permits – Tiers 1 and 5 of the points-based system

From 14 December 2010 people applying for further leave to remain in the UK under the Tier 1 or Tier 5 (Temporary Worker) categories of the points-based system will be required to provide their biometrics (fingerprints and photograph) as part of their application.

If your application is successful you will be issued with a biometric residence permit. This is evidence of your permission to stay in the UK, and shows the conditions of your stay. It enables you to confirm your identity and your rights to work here, and to access public services.

If you make your application to extend your stay in the UK by post, the UK border Agency will send you a letter after they have received your application. You will be able to enrol your biometric information at one of 17 crown post offices using their walk-in service or at one of 11 Home Office biometric enrolment centres by appointment only.

If you want to make your application in person you can do this at one of the UK Border Agency public enquiry offices or using the super premium service. You will enrol your biometric information at the same time as making your application.

Points-based system – new versions of application forms and guidance

The UK Border Agency has today published new versions of the application forms and policy guidance under the following categories of the points-based system:

• Tier 1 (General)
• Tier 1 (Entrepreneur)
• Tier 1 (Investor)
• Tier 1 (Post-study work)
• Tier 2 – all categories (application form only – no change to policy guidance)
• Tier 5 (Temporary worker) – all sub-categories
• PBS Dependant

These new versions reflect the new requirement for Tier 1 and Tier 5 applicants to obtain biometric residence permits, and other minor changes.

You should use the new forms with immediate effect. However, and in line with paragraph 34 (I) of the Immigration Rules, the UK Border Agency will continue to accept applications made on the previous version of the application forms until (and including) 4 January 2011. The UK Border Agency will consider all applications under the current Immigration Rules, regardless of which version of the application form you send.

Full details of all the changes to the policy guidance are provided in the tables of changes.

Extended student visitor visa

From 10 January 2011, English language students wishing to attend exclusively English language courses will be able to apply for a student visitor visa allowing them to stay for up to 11 months. The extended student visitor visa will only be available to applicants outside the UK.

Students wishing to study other courses in the UK for longer than 6 months will still need to apply under Tier 4 of the points-based system.

If you are a ‘non-visa-national’ who does not normally need a visa to study for up to 6 months, you must apply for the extended visa if you wish to take a longer English language course.

The extended student visitor visa’s other requirements, entitlements and restrictions are the same as those for the current student visitor route. The student visitor route does not allow students to work, take a work placement, bring dependants, extend their stay or switch into other courses at the end of their stay.

The fee for an extended student visitor visa will be the same as for a student visitor visa.

EK (Ankara Agreement – 1972 Rules – construction) Turkey [2010] UKUT 425 (IAC)

(1) There is nothing in the 1972 Immigration Rules (HC 510) that provides that a person who cannot come within one of the categories of the Rules is to be refused an extension of stay for that reason alone. Accordingly, it was open to the Home Office to grant an extension of stay as a businesswoman to someone who had entered as an au pair. The finding in OT (Turkey) [2010] UKUT 330 (IAC) that HC 510 prohibited switching to business status by anyone other than a visitor is not considered correct.

(2) HC 510, para 28 does not require a person who had been given leave as a businessman to demonstrate as a pre-condition for the exercise of discretion that in each or any year in which they had been given leave in that capacity they had complied with particular requirements of para 21. Those requirements are directly relevant only to the first application for permission to remain and the first extension of stay.

(3) There is no precise code in HC 510 distinguishing between maintenance and accommodation and precluding third party contributions to living expenses.

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New list of approved English language test providers

From today until 31 January 2011, the UK Border Agency is conducting an exercise to produce a new list of approved test providers for migrants who must pass an English language test as part of their application to enter or remain in the UK:

• under Tiers 1, 2 and 4 of the points-based system; or
• as the partner of a British citizen or settled person.

The UK Border Agency English language test providers page explains how to apply and the criteria that test providers must meet.

The new list of providers will be in place for April 2011, and will replace all existing lists currently in place.

Before April 2011, the UK Border Agency will publish full transitional arrangements for migrants who need to take or have already taken a test.