Immigration newsletter 12 March 2008

We have been working hard to update our website with the latest information on changes to immigration rules in the United Kingdom. From the front page of our website you may access several free tools to calculate points or assess yourself to determine your chances to qualify for certain visas.

We have a number of sections dedicated to each country, such as the United Kingdom. With the changeover from HSMP to Tier 1, we have developed a convenient and easy set of tools to assess eligibility as a potential General Skilled Migrant. By visiting the UK section of our website, you will find a navigation menu to the left on which there is a "Tier 1 - Highly Skilled Migrants" link.

You will find detailed explanations of the rules on our pages. Assessment forms and points calculators to evaluate yourself under various options are available by visiting the "General Highly Skilled Migrants" link. Choose the best option for your situation, and you can then submit a free Assessment to our Immigration Consultants.

It is still possible to get an HSMP visa for a limited time, although you will have to obtain an extension under Tier 1 rules when that visa expires.

On 05 March 2008, a United Kingdom High Court heard that changes to the Highly Skilled Migrant Programme (HSMP) in November of 2006 were unfair and could possibly result in up to 44,000 people being forced to leave the UK. The changes required migrants who had already entered the UK under HSMP to score points again to renew their HSMP visas. To renew before November 2006, immigrants were only required to show proof of economic activity for their extension.

The lawsuit centers on the retrospective application of the changes toward people already in Britain under the older rules. The government claims that the changes and the retrospective application of the changes are within the government's legal authority, and they are arguing that no judicial review should take place. The judge in the case, Sir George Newman, said that he will give his decision at "a later date."

Many leading destination countries around the world use a points-based system to determine eligibility for immigrants to qualify for a visa and residency. Competition to attract the top, skilled talent from around the world is increasing. Many countries are changing their systems in an attempt to bring in the best workers.

Points-based immigration schemes have a number of common elements, such as criteria based upon age, academic qualifications, work experience, and language proficiency.

The success of Australia's Skilled Migration Program has heavily influenced the new system currently being implemented by Britain. The General Skilled Migration program attracts migrants from around the world to help alleviate Australian labor shortages at all skill levels.

The system is broken up into "visa subclasses," which are further divided into Onshore and Offshore categories. The Onshore visa subclasses are for individuals already legally residing in Australia. Offshore visas can apply to people overseas or from within Australia, but the applicant must be outside Australia when the decision on approval is made.

New Zealand depends heavily on immigration to keep its economy strong and actively encourages people to relocate to New Zealand. Those who score enough points are permitted to move to the country and to then look for work for nine months, after which they are eligible for permanent residence if they are successful.

New Zealand immigration authorities focus on sectors experiencing labor shortages and on projected, future growth areas. Like most countries, they regularly publish occupations that receive preferential consideration for applicants. People scoring sufficient points are then selected from a pool of applicants at regular intervals and invited to make an application to immigrate.

The United Kingdom first introduced a points-based system in 2002 called the Highly Skilled Migrant Programme (HSMP). Skilled immigrants could come into Britain without a sponsor or job offer if they could qualify. The scheme was so successful that it became the basis for a complete overhaul of the entire British immigration system.

This year, the new tiered system will replace more than 80 previous routes into the country for all categories of migration and immigration. One sub-category, General Highly Skilled Migrants (GHSM) under Tier 1, is the new equivalent of the old HSMP scheme. People who don't qualify under Tier 1 will need to obtain a visa under a different Tier.

Canada has long depended upon immigration to fuel its economy with labor market growth and to bolster population levels. Over 200,000 people immigrate into the North American country each year, most using the points-based Skilled Worker visa.

Like the UK's new five tier system, minimum funds are required to show that an immigrant can support themselves upon arrival in Canada. The government is spending large amounts of money on programs to attract skilled immigrants and to assist them once they arrive.

Honorable mention goes to Denmark. The European country uses a points-based system to grant entry to hopeful immigrants. Once a visa for entry is granted, people have six months to locate employment from inside the country. However, they are not allowed to work until they have then applied for and obtained a work permit.

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