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Retrieving archived files from the Immigration Advisory Service

5 March 2012

We have been notified by the Immigration Law Practitioners Association (ILPA) that former clients of the Immigration Advisory Service (IAS), which went into administration in July 2011, can request the retrieval of their archived files. Requests must be submitted before midnight on 28 May 2012; any requests received after this date will not be considered and any remaining files are likely to be destroyed.

Please refer to the following article on the ILPA website for more information as well as an application form for retrieving files:

www.ilpa.org.uk/resources.php/14268/clients-can-retrieve-immigration-advisory-service-archived-files-28-february-2012

Changes to work routes from 6 April 2012

1 March 2012

The UK Border Agency has announced a number of changes to Tier 2, Tier 5 and some other work routes. For a summary of the intended changes, see:

Working in the UK after your studies

New policy guidance and application forms for dependants

14 February 2012

The UK Border Agency has published new policy guidance and a new extension application form for you to use from today if you apply in the UK as a Points Based System dependant. This includes applying as the family member of a Tier 4, Tier 1 or Tier 2 migrant.

The old form remains valid for use for 21 days from today, but it is safer to use the latest version if possible.

Policy guidance and application form

Immigration changes on 6 April

13 February 2012

The UK Government has published information of the immigration changes it plans to introduce on 6 April. The full details should be available on 15 March. In summary the changes will be:

• If you apply on or after 6 April, you must show that you have higher levels of funds. If you study in Inner London, this increases from £800 to £1,000 per month. Outside Inner London, the level increases from £600 to £800 per month. Funds for dependants also increase.
• If you pay accommodation fees to your Tier 4 sponsor, you will be able to deduct a maximum of £1,000 from the maintenance you have to show when you make your application, even if you have paid more than this.
• You will be limited to spending five years on courses at degree level. There will be exceptions if:
  • your undergraduate degree course was four or five years long and you want to study a Master's degree at a higher education institution (recognised body or institution in receipt of public funding)
  • you want to study a PhD at a higher education institution
  • you are studying a specific course: architecture, medicine, dentistry, veterinary medicine and science, law, music studied at a conservatoire.
• If you are studying a course below degree level and/or you are not at a higher education institution and you apply for leave on or after 6 April, any work placements must be limited to one third of your total course time (currently the limit is 50 per cent).
• If you are going to do a pre-sessional course followed by a degree level course and your Tier 4 sponsor wants to assign you one Confirmation of Acceptance (CAS) for Studies for both courses, you must have passed a UK Border Agency-approved English language test at the required level before your sponsor can assign a CAS to you. Until 6 April, you did not have to pass an approved test and your sponsor could assess your English in different ways.
• The last date on which you can apply for Tier 1 (Post-Study Work) is 5 April. After then, you will be able to stay for work if you apply under Tier 2. Tier 2 sponsor employers will not need to show that no one in the settled labour market could do the job before offering it to you. If this is not possible because, for example, the Tier 2 minimum wage for your area of work is too high, and you need to undertake professional training in order to qualify in your profession, you should check with your professional body whether it can sponsor you under Tier 5 (Government Authorised Exchange). The Government intends to make it possible for you to apply under Tier 5 within the UK if you need to do stay under this scheme to do your professional training.
• A new scheme called Tier 1 (Graduate Entrepreneur) will be introduced, but this could be after 6 April. Your Tier 4 sponsor will remain responsible for you and must work with you to help you develop your business. Places on this scheme will be limited to 1000 in the first year, and Tier 4 sponsors will select the graduates they wish to support.

UK Border Agency statement of intent

Immigration fees increase on 6 April

9 February 2012

If you make an immigration application on or after 6 April, you will have to pay a fee that, in most cases, will be higher than if you apply before 6 April.

For example, the Tier 4 entry clearance (visa) increases from £255 to £289 and the Tier 4 postal extension application fee increases from £386 to £394.

There is no fee for a Tier 1 (Post-Study Work) application as this scheme will no longer exist on 6 April. However, there is still a fee for Tier 1 (Post-Study Work) dependants. This implies dependants will be able to apply to join their family member after the scheme has ended, but the Immigration Rules have not yet been published so we do not know this for certain.

There is a fee for applying as a Tier 1 (Graduate Entrepreneur) of £700 (postal application in the UK). Again, we do not yet have any details of the requirements of this scheme.

New application forms will be published for use from 6 April 2012.

Make sure you always use the most recent version of the relevant application form on the UK Border Agency website.

UK Border Agency announcement about fees including table of fees and ministerial statement

How to contact the UKBA about biometric residence permits

31 January 2012

From 1 February, you will no longer be able to telephone the UK Border Agency (UKBA) about your biometric residence permit. Instead, you should book online to make an appointment to give biometrics. You should email the UKBA if your permit has not arrived, or if there is an error on it or if it has been lost or stolen.

UK Border Agency information about biometric residence permits

Information for Libyan nationals

10 January 2012, updated 1 February 2012

On 20 July 2011, the UK Border Agency announced that you could apply to stay in the UK for a short period using form FLR(O) if you could not return to Libya and if you did not meet the all requirements of an immigration category.

This provision was withdrawn on 1 February so it is no longer possible to apply under it.

If you were granted permission to stay under this provision and you now meet the immigration requirements to apply again as a student or under a different immigration category, the UK Border Agency has stated that you can make that application in the UK, even though you no longer have student immigration permission.

The UK Border Agency has confirmed to us that:

• This is a concession that applies only to Libyans who applied under this special provision.
• You must meet all other requirements of the relevant immigration category.
• Students who would have been considered to have had an established presence (and therefore reduced maintenance requirement) if they had been applying at the end of their previous leave, will be considered to have an established presence now. This means you can show lower maintenance if you have completed a course that was at least six months long or if you have studied a course for at least six months and you now need more time to finish it.
• You should include a covering letter with your application to explain your circumstances, referencing the Libyan provisions.

UK Border Agency's announcement about its withdrawal of the special provision for Libyans

   

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