Immigration newsletter 17 Dec 2009

Recently the Migration Advisory Committee completed its review of the Tier 1 visa scheme.
In light of changing economic circumstances the Government had asked MAC to consider changes to Tier 1 for the years 2010/11. MAC feels that Tier 1 is operating well, but also recommended changes to the scheme.

MAC's recommendations for Tier 1 (General) include the following:
That Prospective immigrants with a minimum of a bachelors degree should be able to come under Tier 1 if their previous earnings are at a high enough level and if they gain enough points. Currently to come under the Tier 1 visa you need to have at least a masters degree. 
It should be noted that normally the UK Government accepts MAC recommendations in full.

There have been suggestions that the Tier 2 (Intra company transfer) visa provides a loophole to enable Indian IT companies to bring overseas workers to the UK and pay them salaries lower than the market rate. 

The UK Border Agency will be making changes in the new year so that IT workers and others coming under the intra company transfer Tier 2 visa will need to have 12 months' experience instead of six months with the overseas employer before being transferred to the UK. In addition this category under Tier 2 will not lead to permanent residence in future

US Citizenship and Immigration Services (USCIS) confirmed recently that a number of immigration programs will be extended at least until 30 September 2012. 

This covers the J-1 for Health Departments 

E-Verify to electronically determine the right to work by newly hired employees. 

Immigrant Investor (EB-5) Pilot Program based on indirect job creation. And finally the Special immigrant visa category for non-minister religious workers

Skilled migrant workers and their dependents extending their visa under the Tier 2 visa scheme will from 6 January 2010 need to provide biometric information and obtain an identity card. Migrants in a number of other visa categories are already required to submit their fingerprints and photograph and apply for an identity card.

Immigration measures brought in to help victims of Typhoon Ketsana in the Philippines has led to priority processing for over 400 applications from close family members of Canadian citizens and permanent residents. On 26 September 2009 Typhoon Ketsana struck Manila the capital of the Philippines and other areas of the Northern Philippines which resulted in the worst flooding in this area for over 40 years.

The United Kingdom Border Agency has recently commented on media reports that suggest that Pakistani’s are more likely to be refused visas to the UK.   UK Border Agency Chief Executive Lin Homer had the following to say:

'We do not discriminate against any individual nationality, to suggest otherwise is false. Applications from Pakistan are assessed in the same manner and against the same immigration rules as applications from every other nationality.