Home rolloverpoints_based_systemteir 1Tier2points_based_calculatorarticlesnewsabout Active Immigration Solutionslinks
Login bookmarks email send to printersend to rss

Summary

Although UK Government statistics show that non-European migration accounts for 20 percent of foreign workers coming to the United Kingdom, with the rest coming from Eastern Europe, the UK Government has announced that as of today Monday 28th June 2010, it will begin a consultation with the Business Sector before introducing a cap on non- European migration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 








 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Our Approach ....

COMMUNICATION, COMMUNICATION, COMMUNICATION

At Active, we believe in working 'HAND IN GLOVE' with our clients, to firmly establish the business needs, thereby enabling us to recommend the appropriate courses of action with each application.

We communicate at every stage during the process to ensure speedy applications, which are submitted to the UK Immigration authorities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cap on non-European Migration
- by Judith Hinds

 

  Cap on non-European Migration

Although UK Government statistics show that non-European migration accounts for 20 percent of foreign workers coming to the United Kingdom, with the rest coming from Eastern Europe, the UK Government has announced that as of today Monday 28th June 2010, it will begin a consultation with the Business Sector before introducing a cap on non- European migration.

The Business Sector is extremely concerned as limitations would adversely impact on the United Kingdom’s ability to compete on the global market place and would stop companies hiring high calibre migrants. In an effort to engage the Business Sector’s support, in addition to the consultation, the UK Government shall instruct the Migration Advisory Committee, an independent government adviser, to launch a separate consultation to examine the economic and social impact of such a change.

In the interim, the Home Secretary, Theresa May announced that there shall be a temporary cap on non- European immigration to avoid a high influx of applications before the new system is introduced. We contacted the UK Border Agency this morning for guidance on this but they advised that they had not been given any policy directions as to how the temporary cap on non-European migration would be implemented, but said that an announcement should be made shortly.


Court of Appeal decision on the Points Based System

Last week a land mark decision was made in the Court of Appeal concerned with the UK Border Agency’s ("UKBA") interpretation of the Points Based System ("PBS"). The Court of Appeal held that the only binding and effective part of the PBS rules and guidance are those set out in the Immigration Rules themselves because they are the only provisions that have been properly laid before Parliament in accordance with Section 2(2) of the Immigration Act 1971.


In short the only strictly binding elements of the PBS which must be applied rigidly are the element set out in the Immigration Rules and Appendices. The ‘requirements’ set out in the UKBA's guidance notes as they are not law must be interpreted with discretion and sensibly in line with the relevant Immigration Rule and its purpose. For example, if an applicant drops briefly below the required funds threshold, concerned with the maintenance criteria, but is otherwise above it, their application should be allowed by UKBA or, failing that, their appeal should be allowed.

In addition, if an applicant presents bank statements from an online account that do not meet the exact requirements of the type and form of the evidence set out in the UKBA's guidance, then the UKBA/Judge needs to assess whether the funds are held and make a judgment, rather than apply a tick box approach.

The change in direction of the UK Immigration policy signposted by the current UK Government reflects a new politics of economic constraints anxiety in the UK wider economy and jobs market. We are closely monitoring the legality and review of the UK Government's stance as relates to our Clients and key industry sectors impacted.

ooOOOoo



Please feel free to contact us should you have any queries concerning the above issues.
 
Judith C Hinds is a Director at Active Immigration Solutions Limited. http://www.entryin.com.
Active Immigration Solutions Limited was established to provide value for money, world class professional services in the area of UK Immigration and Nationality advice to corporate clients and private individuals.

Â