Archive News

25 September 2008

Immigration Update

The first UK Identity Card was unveiled today by the Home Secretary.

Building on the Government's commitment to begin issuing the first ID cards to foreign nationals from November 2008, the card's design was revealed for the first time. The new credit-card sized document will show the holder's photograph, name, date of birth, nationality and immigration status. A secure electronic chip will also hold their biometric details, including fingerprints, and a digital facial image.

Home Secretary Jacqui Smith said:

"Today shows we are delivering on our commitment to introduce the National Identity Scheme in order that we can enjoy its benefits as quickly as possible. "ID cards will help protect against identity fraud, illegal working, reduce the use of multiple identities in organised crime and terrorism, crack down on those trying to abuse positions of trust and make it easier for people to prove they are who they say they are.

"ID cards for foreign nationals will replace old-fashioned paper documents, make it easier for employers and sponsors to check entitlement to work and study, and for the UK Border Agency to verify someone's identity. This will provide identity protection to the many here legally who contribute to the prosperity of the UK, while helping prevent abuse."

Compulsory identity cards for foreign nationals will kick start the National Identity Scheme, with the first applicants having to apply for cards from 25 November. Within three years all foreign nationals applying for leave to enter or remain in the UK will be required to have a card, with around 90 per cent of foreign nationals in Britain covered by the scheme by 2014/15.

The introduction of the first card supports the Government's tough new Australian-style Points Based System for managed migration. To earn and retain their licence as a sponsor businesses and education providers must keep records of the migrants they have sponsored including, in time, a copy of a migrant's identity card. Businesses found employing illegal workers face fines of up to £10,000 per person.

The introduction of cards for foreign nationals will be followed by the first ID cards for British citizens, targeting workers in sensitive roles and locations like airports from 2009. Then from 2010 ID cards will be available to young people who want them and from 2011/12 cards will be available to the general population.

Update | Wednesday 20th February 2008

Work Permit Processing Delays

Work permits have been taking in the region of 2-3 weeks to process in recent weeks, mainly due to a backlog of applications and the trial of a new system of allocating applications to caseworkers which has been less efficient than the government’s previous process.

Unfortunately the situation appears to be deteriorating and we have been informed that the Border & Immigration Agency (BIA) now has a backlog of over 7,000 applications. Consequently, it is likely that the processing timescale for work permits will increase further. In order to manage business expectations, we therefore suggest that HR staff quote a minimum 3-4 weeks when speaking to line managers about work permit timescales.

NB. This ‘3-4 weeks timescale’ relates to the first stage in any work permit process and does not include the subsequent time for further leave to remain or entry clearance applications. Typical timescales for these latter processes are:

  • ‘In-country’ further leave to remain (fast-track) – a few working days
  • In-country’ further leave to remain (postal) – approximately 4 weeks
  • ‘Overseas’ Entry clearance – anything from a few working days to several weeks depending on the country in which the application is being made

Timing is particularly critical on work permit extensions where an employee’s leave to remain will be expiring in the near future – Smith Stone Walters can deal with extension applications up to 3 months before an employee’s leave to remain expires so the earlier we are instructed the better.

Smith Stone Walters will continue to advise clients regarding likely timescales on a case by case basis. In the meantime, please do not hesitate to contact us if you have any further questions concerning this communication.

Kind regards
Smith Stone Walters

 

Insight Update: Monday 18th February 2008

Prevention of Illegal Working:

Sections 15–25 of the Immigration, Asylum and Nationality Act 2006

What is the difference between List A and List B?

If the individual is not subject to immigration control, or has no restrictions on their stay in the UK,

they should be able to produce a document, or a specified combination of documents, from List A. The checks must be made before they are employed and the excuse will then be established for the duration of the individual’s employment.

Where the leave to enter or remain in the UK granted to an individual is time-limited, the document or documents provided will be specified in List B. If an individual provides a document or documents from List B, you should carry out specified document checks before the employment of the individual begins and carry out follow-up checks of the same kind at least once every 12 months. These repeat checks are required to retain the excuse. If you do not carry out the follow-up checks, then you may be subject to a civil penalty if the employee is found to be working illegally.

 

LIST A – Documents which provide an employer with ongoing excuse

  1. A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom.

  2. A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland.

  3. A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the Border and Immigration Agency to a national of a European Economic Area country or Switzerland.

  4. A permanent residence card issued by the Home Office or the Border and Immigration Agency to the family member of a national of a European Economic Area country or Switzerland.

  5. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, or has no time limit on their stay in the United Kingdom.

  6. A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom.

  7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the United Kingdom or has no time limit on their stay in the United Kingdom, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  8. A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  9. A full adoption certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s adoptive parents when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  10. A birth certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  11. An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  12. A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  13. A letter issued by the Home Office or the Border and Immigration Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

LIST B – Documents which provide an employer with an excuse for up to 12 months

  1. A passport or travel document endorsed to show that the holder is allowed to stay in the United Kingdom and is allowed to do the type of work in question, provided that it does not require the issue of a work permit.

  2. A Biometric Immigration Document issued by the Border and Immigration Agency to the holder which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question.

  3. A work permit or other approval to take employment issued by the Home Office or the Border and Immigration Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the United Kingdom and is allowed to do the work in question, or a letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer confirming the same.

  4. A certificate of application issued by the Home Office or the Border and Immigration Agency to or for a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service.

  5. A residence card or document issued by the Home Office or the Border and Immigration Agency to a family member of a national of a European Economic Area country or Switzerland.

  6. An Application Registration Card issued by the Home Office or the Border and Immigration Agency stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the Border and Immigration Agency Employer Checking Service.

  7. An Immigration Status Document issued by the Home Office or the Border and Immigration Agency to the holder with an endorsement indicating that the person named in it can stay in the United Kingdom, and is allowed to do the type of work in question, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

  8. A letter issued by the Home Office or the Border and Immigration Agency to the holder or the employer or prospective employer, which indicates that the person named in it can stay in the United Kingdom and is allowed to do the work in question when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

Moving Card

English language: A pre-requisite for migrants

19th November, 2007

The much publicized new points-based system for non-European Union migrants wishing to work in the United Kingdom will be introduced in 2008. This system will encompass individuals wishing to come to Britain to work, train, or study.

One of the requirements of the points based system will be that, in most cases, migrants coming here to undertake skilled or highly skilled work must provide evidence to demonstrate that they have an acceptable standard of English. One way in which applicants can demonstrate this will be by providing evidence that they have passed an English language test.

The Border and Immigration Agency (BIA) are currently inviting organisations that award English language test to apply for their tests to be assessed according to the required standards. Only tests that have been assessed as meeting the BIA’s requirements will be accepted as evidence that the applicant meets this requirement. A list of these tests shall shortly be made available so migrants will know whether the test they propose to take will be deemed acceptable.

For further information, please do not hesitate to contact Smith Stone Walters

 

Immigration Update

Nationality new forms and guides
2nd January, 2007

The Home Office recently announced that new forms and guides have been introduced for naturalisation applications and the registration of minors (children under the age of 18).  The guides are intended to provide easy and more comprehensive advice on how to make successful applications.  They also cover new regulations and development.  These are:

  • The extension of the good character requirement to all applicants over the age of 10.  Exceptions are applications from:
    • Stateless persons
    • Persons who are solely British overseas citizens, British protected persons or British subjects.
  • The requirement for all applicants to apply through separate applications including separate application forms for each applicant in a family application.
  • New processes aimed at reducing waiting times.  With effect from Monday 5 February, 2007 applications for naturalisation which are not supported by fees or documentary evidence (eg passports) will be returned unprocessed.  Applicants will be asked to resubmit them with sufficient documents to enable them to be considered.
  • Identity checking will be enhanced to reduce fraudulent applications.  This will include the use of passport style photographs and endorsement by referees.  Checks will also be conducted to ensure that referees are qualified to act.
  • Clear warnings on the consequences of fraud and unacceptable behaviour towards knowledge of life in the UK test centre personnel.
  • The opportunity for those who are not of sound mind, who were previously debarred from applying for naturalisation, to apply at the discretion of the Home Secretary.

 

These new forms and further guidance are readily available from Smith Stone Walters. Therefore, should you or an employee have any queries regarding British citizenship applications, please contact this office.

Immigration Update

New English language requirement for Applicants Seeking Settlement in the UK

6th December, 2006

From 2 April, 2007, all adults applying for settlement in the UK (also known as “indefinite leave to remain” or “permanent residence”) will need to pass a “Life in the UK” test or an English language course.

The Government has announced that this new condition will be in addition to the usual requirements for settlement and will affect applicants aged 18 to 65.  The requirement aims to ensure residents have the requisite language skills and citizenship knowledge to integrate successfully into British society. It also forms part of the Government’s managed migration five-year strategy.

To meet the new requirement, from 2nd April 2007, applicants must either:

  • Pass a “Life in the UK” test, if they already possess a good standard of English (ESOL (English for speakers of other languages) Entry 3 standard or above); or
  • Pass an “ESOL with citizenship course”, if their standard of English is below ESOL Entry 3 standard.

This change will not affect any applicants applying for settlement prior to the 2nd April 2007. However, should you or an employee have any further queries regarding this communication, please contact this office.

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