UK  Immigration   Updates

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Travelling to US with a British Passport CLICK NEXT - US Department of Homeland Security website

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CLICK HERE TO MAKE AN APPOINTMENT AT THE HOME OFFICE

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Improved service for booking UK appointments online

Home Office, 07 August 2011

The UK Border Agency has launched its improved online service for booking appointments at public enquiry offices and biometric enrolment centres in the UK. The online booking service has been brought together with our interactive UK application forms and online payments, providing a single convenient process for applicants in the UK. To use the improved service, you need to create your own online account. You can then book and reschedule your appointments online without needing to phone us. You can create and log in to your account by selecting a link in the top right corner of the Apply online section of this website. The improved service enables you to book an appointment at a time and place that suits you, searching across a number of locations at the same time. All of our UK appointments will be available to book online, except those at Belfast public enquiry office. You will need to phone our immigration enquiry bureau to book appointments in Belfast. For more information about booking appointments, see the following pages:

• Book an appointment for our same-day service at a public enquiry office
• Book an appointment to enrol your biometric information (postal applications)

UK BORDER AGENCY - HOMES OFFICE

APPLICATION FOR A TRANSFER OF CONDITIONS (TOC)

AND A BIOMETRIC IMMIGRATION DOCUMENT BY SOMEONE WHO ALREADY HAS LIMITED LEAVE TO ENTER OR REMAIN IN THE UK.

In accordance with paragraph 34 of the Immigration Rules, this form is a specified form for the purpose of the Immigration Rules as of 26 April 2011 and must be used for all applications made on or after that date for the purposes stated on this page.  - MORE

New UK immigration application fees from 22 November 2010

Home Office, 19 November 2010

Following Parliamentary approval, on Monday 22 November we will introduce new application fees for migrants applying to come to or extend their stay in the UK for work, study or other reasons. The fees being changed are those set above the cost of processing, which are subject to the affirmative parliamentary process. Fees that are set at or below the cost of processing were revised on Friday 1 October. The change in fees was announced on 9 September. Details of the revised fees are available in our Fees for our services section.

Fees for our services

This page contains information about the fees that we charge for immigration and nationality services.  We charge fees to ensure that we raise the money we need to run a strong, robust immigration system and to offer a world-class level of service. We set our fees at levels that are fair to our customers. When setting fee levels, we work within strict financial limits agreed with HM Treasury and the UK Parliament. We balance a number of complex factors, including:

• the cost of processing applications;
• the importance of attracting certain groups of migrants to the UK; and
• the value of a successful application to the migrant.

We have made carefully considered decisions to set some fees at or below the cost of delivery and other fees (such as the application fee for British nationality) above the cost of delivery, to reflect the value of the product. Our method of setting fees will help to protect some routes from significant increases, and will contribute to the additional revenue needed to fund enforcement and other improvements to the immigration system. You can find our current fees in our fees table, which you can download from the right side of this page, or in the list below. Choose a heading below to show more information.

CLICK HERE FOR FULL INFORMATION

NEW AND OLD FEES

• UK Border Agency fees until 21 November 2010PDF 194KB opens in a new window
• UK Border Agency fees from 22 November 2010PDF 194KB opens in a new window

• Tier 1 (General) and Tier 1 (Entrepreneur) application fees

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£840	£1,095	£690
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£767	£992	£629
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£129 for each family member included on the main applicant's application form	£154 for each family member included on the main applicant's application form	£690 for each family member
  Partner or child aged under 18 (if they are applying at the same time as the main applicant, who is a national of Croatia, Turkey or FYR of Macedonia)	£121 for each family member included on the main applicant's application form	£144 for each family member included on the main applicant's application form	£690 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£690 for each family member

  
  
  

  From 22 November 2010, the application fees will be:

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£850	£1,150	£750
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£770	£1,000	£700
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£250 for each family member included on the main applicant's application form	£300 for each family member included on the main applicant's application form	£750 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£750 for each family member

  
  
  

  Fees for nationals of Croatia, Turkey and FYR of Macedonia

  Nationals of these countries pay a reduced fee as shown above. These countries have ratified the 1961 Council of Europe Social Charter.
  

• Tier 1 (General) application fees for applicants who are currently in the UK under the Highly Skilled Migrant Programme

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  Applicants and their dependants can pay reduced fees if they submit a valid Highly Skilled Migrant Programme (HSMP) letter with their application.

  Until 21 November 2010, the reduced application fees are: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£408	£663	£332
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£408	£663	£300
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£85 for each family member included on the main applicant's application form	£111 for each family member included on the main applicant's application form	£332 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£332 for each family member

  
  
  

  From 22  November 2010, the reduced application fees will be: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£500	£700	£332
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£500	£700	£300
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£150 for each family member included on the main applicant's application form	£200 for each family member included on the main applicant's application form	£332 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£332 for each family member

  
  
  

  Fees for nationals of Croatia, Turkey and FYR of Macedonia

  Fees for nationals of Croatia, Turkey and FYR of Macedonia

  Nationals of these countries pay a reduced fee as shown above. These countries have ratified the 1961 Council of Europe Social Charter.

• Tier 1 (Investor) application fees

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£840	£1,095	£690
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£129 for each family member included on the main applicant's application form	£154 for each family member included on the main applicant's application form	£690 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£690 for each family member

  
  
  

  From  22 November 2010, the application fees will be: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£850	£1,150	£750
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£250 for each family member included on the main applicant's application form	£300 for each family member included on the main applicant's application form	£750 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£750 for each family member

  
  
  

• Tier 1 (Post-study work) application fees

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£550	£800	£344
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£100 for each family member included on the main applicant's application form	£125 for each family member included on the main applicant's application form	£344 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£344 for each family member

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£550	£850	£344
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£150 for each family member included on the main applicant's application form	£250 for each family member included on the main applicant's application form	£344 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£344 for each family member

  
  
  

• Tier 2 application fees

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  These are the fees for applicants under Tier 2 (General), Tier 2 (Intra company transfer), Tier 2 (Sportsperson) and Tier 2 (Minister of religion) of the points-based system.

  Until 21 November 2010, the application fees are:

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£475	£730	£270
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£434	£669	£250
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£92 for each family member included on the main applicant's application form	£118 for each family member included on the main applicant's application form	£270 for each family member
  Partner or child aged under 18 (if they are applying at the same time as the main applicant, who is a national of Croatia, Turkey or FYR of Macedonia)	£88 for each family member included on the main applicant's application form	£111 for each family member included on the main applicant's application form	£270 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£270 for each family member

  
  
  

  From 22 November 2010, the application fees will be:

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£500	£800	£350
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£450	£700	£300
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£150 for each family member included on the main applicant's application form	£200 for each family member included on the main applicant's application form	£350 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£350 for each family member

  
  
  

  Fees for nationals of Croatia, Turkey and FYR of Macedonia

  Nationals of these countries pay a reduced fee as shown above. These countries have ratified the 1961 Council of Europe Social Charter.
  

• Tier 4 (General) application fees

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£357	£628	£220
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£80 for each family member included on the main applicant's application form	£107 for each family member included on the main applicant's application form	£220 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£220 for each family member

  
  
  

  From  22 November 2010, the application fees will be: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£357	£650	£220
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£100 for each family member included on the main applicant's application form	£150 for each family member included on the main applicant's application form	£220 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£220 for each family member

  
  
  

• Tier 4 (Child) application fees

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  Until 21 November 2010, the application fee is:

  • £357 if you are applying by post in the UK
  • £628 if you are applying in person inside the UK
  • £220 if you are applying outside the UK

  From 22 November 2010, the application fee will be:

  • £357 if you are applying by post in the UK
  • £650 if you are applying in person inside the UK
  • £220 if you are applying outside the UK

  As a Tier 4 (Child) student, you cannot bring any dependants to the UK.

• Tier 5 (Temporary worker) application fees

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  These are the fees for applicants under the following categories of the points-based system:

  • Tier 5 (Temporary worker - Creative and sporting)
  • Tier 5 (Temporary worker - Charity workers)
  • Tier 5 (Temporary worker - Religious workers)
  • Tier 5 (Temporary worker - Government authorised exchange)
  • Tier 5 (Temporary worker - International agreement)

  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£130	£578	£130
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£120	£521	£120
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£30 for each family member included on the main applicant's application form	£57 for each family member included on the main applicant's application form	£130 for each family member
  Partner or child aged under 18 (if they are applying at the same time as the main applicant, who is a national of Croatia, Turkey or FYR of Macedonia)	£30 for each family member included on the main applicant's application form	£52 for each family member included on the main applicant's application form	£130 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£475 for each family member	£730 for each family member	£130 for each family member

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post in the UK Fee if you are applying in person inside the UK Fee if you are applying outside the UK

  Main applicant	£130	£600	£130
  Main applicant (if they are a national of Croatia, Turkey or FYR of Macedonia)	£120	£550	£120
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£30 for each family member included on the main applicant's application form	£150 for each family member included on the main applicant's application form	£130 for each family member
  Partner or child aged under 18 (if they are applying later), or child aged over 18	£500 for each family member	£800 for each family member	£130 for each family member

  
  
  

  Fees for nationals of Croatia, Turkey and FYR of Macedonia

  Nationals of these countries pay a reduced fee as shown above. These countries have ratified the 1961 Council of Europe Social Charter.
  

• Tier 5 (Youth mobility scheme) application fee

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  The fee for applicants under Tier 5 (Youth mobility scheme) of the points-based system is £130.

• Application fees for extending your stay using form FLR(O)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£475	£730
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£92 for each family member included on the main applicant's application form	£118 for each family member included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£500	£800
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£150 for each family member included on the main applicant's application form	£200 for each family member included on the main applicant's application form

  
  
  

• Application fees for extending your stay using form FLR(BID)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£475	£730
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£92 for each family member included on the main applicant's application form	£118 for each family member included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£500	£800
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£150 for each family member included on the main applicant's application form	£200 for each family member included on the main applicant's application form

  
  
  

• Application fees for extending your stay using form FLR(M)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£475	£730
  Children aged under 18 (if they are applying at the same time as the main applicant)	£92 for each child included on the main applicant's application form	£118 for each child included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£500	£800
  Children aged under 18 (if they are applying at the same time as the main applicant)	£150 for each child included on the main applicant's application form	£200 for each child included on the main applicant's application form

  
  
  

• Application fees for extending your stay using form FLR(BUS)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post

  Main applicant	£800
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£125 for each family member included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post

  Main applicant	£850
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£250 for each family member included on the main applicant's application form

  
  
  

• Application fees for settling in the UK using form SET(O)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£840	£1,095
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£129 for each family member included on the main applicant's application form	£154 for each family member included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£900	£1,250
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£250 for each family member included on the main applicant's application form	£350 for each family member included on the main applicant's application form

  
  
  

• Application fees for settling in the UK using form SET(M)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£840	£1,095
  Children aged under 18 (if they are applying at the same time as the main applicant)	£129 for each child included on the main applicant's application form	£154 for each child included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£900	£1,250
  Children aged under 18 (if they are applying at the same time as the main applicant)	£250 for each child included on the main applicant's application form	£350 for each child included on the main applicant's application form

  
  
  

• Application fees for settling in the UK using form SET(F)

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  Until 21 November 2010, the application fee using form SET(F) is:

  • £840 if you are applying by post
  • £1,095 if you are applying in person

  From 22 November 2010, the application fee using form SET(F) for a child or adopted child under the age of 18 of a parent(s) or relative(s) settled in the UK will be:

  • £900 if you are applying by post
  • £1250 if you are applying in person

  The application fee using form SET(F) for a parent, grandparent or other dependent relative aged 18 or over of a person present and settled in the UK will be:

  • £1,680 if you are applying by post
  • £1,930 if you are applying in person (but note that the premium service is currently unavailable for this application type)

• Application fees for settling in the UK using form SET(BUS)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post

  Main applicant	£840
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£129 for each family member included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post

  Main applicant	£900
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£250 for each family member included on the main applicant's application form

  
  
  

• Application fees for settling in the UK using form SET(DV)

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  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post

  Main applicant	£840
  Chidren aged under 18 (if they are applying at the same time as the main applicant)	£129 for each child included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post

  Main applicant	£900
  Children aged under 18 (if they are applying at the same time as the main applicant)	£250 for each child included on the main applicant's application form

  
  
  

  You can ask for the application fee to be waived if you are destitute.

• Application fees for a transfer of conditions

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  These are the fees for applications to transfer a visa or residence permit to a new passport, using application form NTL or TOC.

  Until 21 November 2010, the application fees are: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£200	£578
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£50 for each family member included on the main applicant's application form	£57 for each family member included on the main applicant's application form

  
  
  

  From 22 November 2010, the application fees will be: 

  Fee if you are applying by post Fee if you are applying in person

  Main applicant	£200	£600
  Partner or child aged under 18 (if they are applying at the same time as the main applicant)	£50 for each family member included on the main applicant's application form	£150 for each family member included on the main applicant's application form

  
  
  

• How to pay your application fee if you are inside the UK

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  If you are applying online, you must pay your fee online as part of your application.

  If you are applying by post or in person, you can choose how to pay your application fee:

  • by cheque in sterling on a UK bank account - you should make the cheque payable to 'Home Office', write your full name and date of birth on the back, and attach the cheque to the front of the completed application form; 
  • with a UK postal order - you should write your full name and date of birth on the back, and attach the postal order to the front of the completed application form; 
  • with a credit or debit card including MasterCard, Visa (including Electron), Delta, and Maestro (including Solo). We can accept any Maestro card if you are applying in a person at a public enquiry office, but only Maestro cards issued in the UK if you are applying by post. You must include the card number, the amount paid, the payer's name as it appears on the card, the 'valid from' and expiry dates, the card verification value (CVV) code, the cardholder's signature and the date. The issue number is also needed for and Maestro cards. If you are applying in person at a public enquiry office, the cardholder must be present in order for the payment to be taken.

  Payment by any other method, by post or at a public enquiry office, is not accepted.

  You must send the full amount to cover the total cost of your application. If you do not do this, your application will be invalid and will not be considered. We will return your application and part payment to you.

  We start considering the application when the payment has cleared. Payments are cleared:

  • after five working days for cheques
  • after one working day for credit or debit cards
  • immediately for postal orders

  Please note that, if you are making numerous payments using your credit card, the anti-fraud measures that banks operate sometimes stop the payment being taken. This may be because you have exceeded the maximum limit on a single transaction or the number of transactions allowed in a given period of time. You must ensure that you contact your bank in advance, so that the bank will allow the full payment to be taken without any such problems when you submit your applications.

  Payment information on the application form

  It is very important that you complete the payment section of the application form correctly. If this section contains errors, we will not be able to process your payment. This will mean that your application is invalid.

• How to pay your application fee if you are outside the UK

RECORD NUMBER OF IMMIGRANTS GIVEN

BRITISH CITIZENSHIP IN JUST ONE YEAR

By Macer Hall , Daily Express, 28th May, 2010

IMMIGRANTS are being turned into British citizens at a rate of one every three minutes, it was revealed  on Thursday 27th May 2010. In fresh evidence of the shocking scale of the country’s border chaos, official statistics showed that 203,705 UK citizenships were handed to foreigners last year. The figure is a massive 58 per cent up on 2008 and the highest number since records began almost half a century ago. The number of newcomers from outside the European Union granted the right to settle in the UK soared by 40 per cent to 214,000 during the 12 months to the end of March.  The figures, prepared by the Office for National Statistics, are seen as an indication of the massive immigration crisis facing David Cameron’s coalition Government. They will also raise concerns that the Government’s promise to limit immigration from outside the EU will not go far enough, with 29 per cent of new citizenships granted to immigrants from the Indian sub-continent. Immigration Minister Damian Green said: “These figures illustrate the scale of the immigration challenge facing the new Government. It is our duty to control immigration for the benefit of the UK and that is what I am determined to do.  “I believe that immigration has been far too high in recent years, which is why we will reduce net migration to the levels of the 1990s – to tens of thousands rather than hundreds of thousands.  The public will see us tackle this issue head-on by introducing a wide range of measures including a limit on work permits, actions on marriage and an effective system of regulating the students who come here.”

The official figures yesterday also showed that 503,000 immigrants arrived to settle in Britain during the 12 months to September 2009. The reduction, seen as the result of the economic downturn, was 9 per cent down on the 555,000 who arrived in the previous year. A total of 361,000 people quit Britain during the same period, making net immigration 142,000, fewer than the 160,000 a year earlier but still enough to add another million to the population within seven years. Mr Green welcomed the drop in immigration last year, but added: “What is significant is that grants of settlement, the right to remain in this country, and grants of British citizenship have gone up hugely. “It shows the long-term effect of the fact that the immigration system was out of control for so long under the previous Government. “You would expect immigration to fall during a recession but the long-term population growth of this country is still going up very fast.”  The figures will raise concerns that Britain remains on course for a total population of 70million long before the middle of the century. They will also demolish the last Labour Government’s claims that immigration was under control. Sir Andrew Green, chairman of the think-tank MigrationwatchUK, said: “This is the legacy of the policy encouraged by the previous Government. The new Government must get a grip on immigration.” The figures showed that the foreign country providing the largest number of new British citizens last year was India, with 26,535, or 13 per cent of the total. A further 15,845 came from Somalia and Zimbabwe, troubled African states that have produced many asylum seekers in recent years. Separate figures also indicated that the number of entrants from eastern European states that joined the EU in 2004, including Poland, dropped 55 per cent to 45,000. - Daily Express

Fingerprint checks at the border

From 30 November 2009, the UK Border Agency is introducing fingerprint checks at the border for passengers with biometric UK visas and entry clearances.  On arrival in the UK, passengers with biometric UKvisas and entry clearances will have their fingerprints scanned at border control. In the majority of cases the passengers right hand thumb and first finger will be used. These will then be checked against the fingerprints provided in the application process. The purpose of this check is to verify that the individual entering the UK is the same person who applied for their visa / entry clearance and using fingerprints enables us to do this with greater certainty. For more information please see our frequently asked questions page for answers to common questions about fingerprint checks for passengers on arrival in the UK.

Judge orders Home Office to stop deportations without warning

A high court judge has ordered the Home Office to halt the deportation of foreign nationals with almost no warning after a legal challenge argued the process denies people access to justice before they are removed. Immigration lawyers say officials have used the policy, introduced in 2007, to swoop late at night and escort people to flights leaving only a few hours later, meaning they cannot speak to a lawyer and challenge the order. In one recent case, a seriously ill Cameroon national was arrested at 10.30pm scheduled to be put on board a charter flight leaving at 6.30am. A friend managed to call the man's solicitor, who in turn found a barrister to apply to a duty judge. The judge – roused from his bed – granted an injunction at 1.30am, calling the manner of the deportation "completely unconscionable". "It was pure chance that I was up late working on another case and received the call," said the solicitor, Hani Zubeidi. "Otherwise I'd have got to the office the next day to find my client had already left the UK without me knowing about it." UK Border Agency regulations guarantee those facing deportation a minimum 72-hour notice. But in March 2007 officials were allowed to waive this for unaccompanied children – who cannot be detained before removal and were thus seen as likely to abscond – or those viewed at risk of self-harm or suicide. In January this year three other exceptions were added: people seen as being a threat to others, who might cause serious disruption or who have given permission for their own deportation. The so-called zero-notice removal policy was challenged in the high court by the campaign group Medical Justice. Mr Justice Cranston ordered the Home Office to halt it before a full hearing next month. A Home Office spokesman said: "We will implement the court's order with immediate effect."

Bogus job offers warning

Home Office, 25 May 2010

The UK Border Agency has today issued a warning over bogus job offers targeting foreign nationals seeking work in the UK. Several cases have been reported of bogus offers where the names and titles of real UK Border Agency officials are used to add authenticity to apparent email scams. Rob Yeldham, director of communications advised:

'My name has been used in several apparent attempts to scam foreign professionals looking for work in the UK. We have referred cases to our security unit, but at this stage it is unclear what the nature of the scam is, or where in the world it is based. The best advice is to be careful of any unsolicited offers.'

What to look out for:

• Anything implying endorsement by an official - UK Border Agency staff never act on behalf of employers.
• Incorrect agency email addresses, for example, co.uk, or .com endings.
   

Detention of children in Dungavel ends

Home Office, 19 May 2010

Children of failed asylum seekers will no longer be detained overnight at Dungavel immigration removal centre, the Home Office has announced today. Families detained in Scotland may undergo initial health and welfare screening at the facility but will then be moved to Yarl's Wood centre in Bedfordshire which has specialist facilities and support services. Immigration minister Damian Green said that many groups in Scotland had been calling for this change in policy, and called the move a 'positive outcome'. He said:

'We are committed to ending the detention of all children for immigration purposes. I hope that we can have plans agreed within the next few months.

'I have already announced the launch of a comprehensive review of alternatives to child detention, including opening a dialogue with relevant stakeholders, organisations and experts.

'This work has now started, because it is in all our interests, including those children currently in detention, to do it quickly, but to also do it well and safely."

A wide range of stakeholder groups, organisations and experts will be invited to participate in the review of alternatives to child detention.

UKBA latest news

19 March 2010, 21:35:30

New Rules for Tier 1 and Tier 2 and other changes to the Immigration Rules

18 March 2010, 22:05:23

On 6 April the government will make significant changes to Tier 1 and Tier 2 of the points-based system. It will also amend the Immigration Rules covering asylum seekers, English language qualifications and marriage visas for members of the Armed Forces.

Refugees' route to settlement

17 March 2010, 14:56:53

If you have been given refugee status or humanitarian protection in the UK, and your initial permission to stay here will expire before the new system of 'earned citizenship' comes into force (scheduled for July 2011), you will be able to apply for settlement and British citizenship under the current rules.

Successful campaign against illegal working in Leeds

16 March 2010, 15:13:25

A successful on going series of illegal working operations by the UK Border Agency across Leeds has resulted in five more arrests with financial penalties.

Birkenhead fish and chip shop faces £10,000 fine

16 March 2010, 15:13:25

A Birkenhead fish and chip shop faces a potential fine of £10,000 after they were caught employing a person with no legal right to work in the United Kingdom.

Coast watch Wales launched to combat maritime crime

16 March 2010, 15:13:25

A major initiative to crack down on drug smuggling, organised crime and illegal immigration around the Welsh coast has been launched today.

Brentford company faces fine of £90,000

15 March 2010, 15:35:23

A Brentford company is facing a fine after nine people were arrested during our latest operation to target illegal workers in the Hounslow borough.

Peterculter restaurant faces fine for illegal workers

15 March 2010, 15:13:25

A restaurant in Peterculter faces a fine of up to £30,000 after three people were found working illegally there during an operation by the UK Border Agency on 11 March.

Guilty plea by drug smuggler

15 March 2010, 15:13:25

A Northampton man was sentenced today to six years in prison at Canterbury Crown Court after pleading guilty to heroin smuggling.

Illegal immigrant caught in Woodville

12 March 2010, 15:13:25

An illegal immigrant has been caught in Woodville by the UK Border Agency.

Three illegal workers arrested at a car wash in Maidstone

12 March 2010, 11:34:16

Three illegal workers were detained on Tuesday 9 March during a raid by the UK Border Agency.

New immigration fees from 6 April 2010

Home Office, 05 March 2010

Following Parliamentary approval, the new immigration fees announced on 20 January and 10 February 2010 will be introduced from Tuesday 6 April 2010 for all those applying to study, visit, work in or stay in the UK. The new fees are set out in the table that you can find below. Also on Tuesday 6 April 2010, we are revising a number of our application forms. If you are submitting an application on or after 6 April, please:

• visit the relevant section of this website to check that you have the right form; and
• make sure that you send us payment at the new fee level for your type of application.
•  

THE NEW VISA FEES AS FROM 6TH APRIL 2010 - CLICK HERE FOR FULL FEES TABLE

Final phase of Tier 4 is launched

Home Office, 22 February 2010

We have today implemented the final phase of the points-based system's student tier. This has resulted in two major changes for Tier 4 sponsors.

Visa letters have become obsolete

From today, all potential Tier 4 students applying to us from inside or outside the UK must use a confirmation of acceptance for studies (CAS) in their application. All applications that do not contain a CAS will fall for refusal. You will need to provide all potential students with a CAS reference number and your sponsor licence number (SLN). You will also need to give them all the information they will need when making their application. This information is sometimes called a 'CAS statement'; it is up to sponsors to decide its format and how to send it to their potential students. A 'CAS statement' may contain:

• student name;
• student date of birth;
• course title;
• course start and end date;
• details of any financial sponsorship/deposits taken;
• documents that should be included as part of an application to prove qualifications;
• CAS number; and
• ATAS certificate (if appropriate).

This additional information will assist our caseworkers and entry clearance officers when making decisions on migrant applications under Tier 4. If a prospective student has a visa letter issued before 22 February 2010, they can no longer use it to apply for a Tier 4 student visa. If you have issued a visa letter to a student who is intending to apply to us, you must replace the visa letter with a CAS. For out-of-country students, the date of application is the date when the application fee is paid - so a prospective student must be in possession of a CAS if they are paying their application fee today or later.

Mandatory reporting on students who have been assigned a CAS

Sponsors now must report via the sponsorship management system (SMS) on students who have used a CAS in an application to us. For further guidance, please see the Sponsor duties - Tier 4 page of our website. Before you can issue CASs to migrants, you must have performed the transition exercise on the SMS. If you have not yet done so, you can find full details on the Transition exercise page of your website.

Today has also seen enhancements to the Tier 4 SMS:

• Users can now create a new CAS from the details of a previous CAS created in a batch.
• The main site study address will be mandatory for the assignment of a CAS.

All changes and updates to the SMS will be reflected in the SMS user guides and policy guidance, which are available on our website. We advise sponsors to visit the website and familiarise themselves with the new functionality. You can find information about the SMS, and the updated SMS user guides, in the SMS guidance section of this website. Revised Tier 4 migrant application forms are also available on the website for applications made from today.
 

Bogus wedding gang 'lynch pin' jailed

Home Office, 18 February 2010

A man described as the 'lynch pin' of an East London sham marriage ring has been jailed for six years, following a two-year investigation by our officers. Ghanaian national Victor Kugbeadzor, aged 29, of Rushcroft Road in Brixton, is known to have organised at least six bogus weddings of British citizens to Ghanaian nationals, including his own. He married 28-year-old Kelly Bellotti at Barking Registry Office in October 2007 in order to get permission to stay in the UK. In reality the marriage was a sham, and Bellotti had been paid £2000 to marry him. Bellotti was arrested at her home address in Ilford in November 2008. She was jailed in October 2009, along with three other British citizens who had also been involved in other marriages organised by Kugbeadzor. Kugbeadzor went on the run for 20 months, but investigations led officers from our criminal and financial investigation (CFI) unit to Broadclyst in Devon, where he was found living under an assumed name. He was arrested on 26 November 2009. On Thursday 11 February Kugbeadzor pleaded guilty to a series of charges, including conspiracy to breach immigration control, deception and Identity Cards Act offences at Croydon Crown Court. He was jailed for six years, and faces deportation at the end of his sentence. Malcolm Bragg, assistant director of the UK Border Agency criminal and financial investigations directorate, said:

'This was a sophisticated and organised plot, and the sentence handed down in this case shows how seriously we and the courts take these kinds of attempts to circumvent the UK's immigration rules.

'My officers and I are determined to track down and stop this kind of abuse, and we hope today's sentences send out a message that anyone who tries to enter into or organise a sham marriage faces arrest, prosecution, and a long time in prison.'

The conviction of Victor Kugbeadzor means that nine people have now been jailed for their parts in the sham marriage ring, with sentences totalling seventeen and a half years. Three Ghanaian beneficiaries of the scam have already been deported. Our investigation into the ring, codenamed 'Operation Probole' has lasted for more than two years. It began after immigration officials raised concerns about the marriage of British citizen Lisa Curtis to Ghanaian Kwabena Boadu. They were both arrested, and documentation was found at her home in Dagenham, including a price list, linking her to numerous other suspect marriages.

Tougher rules for foreign students in UK

Home Office, 10 February 2010

Foreign students from outside Europe wanting to come to the UK to study will be required to meet stricter entry criteria, the Home Secretary announced today. The new regulations will ensure that students studying below degree level have a limited ability to work in the UK, and that their dependants cannot work here at all. It will be even harder for bogus students, whose only aim is to work in the UK, to come into the country. Home Secretary Alan Johnson also confirmed that the government will implement plans to introduce a points test by 2011 for those who wish to earn British citizenship. The new measures for students include:

• a good standard of English (equivalent of holding just below a GCSE in a foreign language) will be needed to come to the UK and study to improve English language competency further;
• a good standard of English (again equivalent of holding just below a GCSE in a foreign language) will need to be demonstrated in order to study any other course below degree level;
• restricting the lowest-level courses (A levels and equivalent) to only the most trusted institutions;
• halving the amount of time a student studying below first degree level or on a foundation degree course will be able to work, to just 10 hours during term time;
• a ban on bringing in dependants for anyone studying a course for less than six months; and
• a ban on dependants of anyone studying a course lower than foundation or undergraduate degree level from working - they will face removal from the UK if found doing so.

Alan Johnson said:

'The points-based system was introduced to provide a rigorous system to manage legitimate access to the UK to work and study, with the ability to respond to changing circumstances.  'We want foreign students to come here to study, not to work illegally, and today we have set out necessary steps which will maintain the robustness of the system we introduced last year. I make no apologies for that.'  In addition, the new measures will include:

• a ban on foreign students studying below degree level if the course includes a work placement - unless that course is being provided by a university, college or training provider which has the status of 'highly trusted sponsor';
• a requirement for students to demonstrate their English language ability by passing an approved secure test - this will apply to all students studying below (foundation) degree level, including those coming to study English language; and
• the introduction of tougher criteria for defining which course providers count as 'highly trusted sponsors' of foreign students. We expect that all publicly funded universities and colleges will count as highly trusted, and we will ensure that there is a rapid but rigorous system for ensuring that private training colleges can also gain that status as soon as possible.

UK universities and colleges offer an excellent education, and the government recognises the essential contribution that genuine international students bring - economically, academically and socially - to the country as a whole, as well as to the universities and colleges in which they study. However, these steps are part of the government's commitment to crack down on potential abuse of the system. These changes are part of a radical overhaul of the student system which began last year. Since March 2009, the government has required all foreign students to be sponsored by a college licensed by the UK Border Agency, and to demonstrate that they can support themselves once they get here before being granted a visa. Also since March, any college or university wanting to bring in international students must be accredited and licensed. This has reduced the number of institutions able to bring students to the UK from over 4,000 to approximately 2,000.

Pat McFadden, the Minister for Business, Innovation and Skills, said:

'Genuine international students are welcome in the UK. They make a significant contribution to the academic and cultural life of the universities and colleges where they study, and bring over £5.3bn to our economy each year. But where there is abuse it undermines the position of genuine students as much as anyone else.  'It is important that we protect the reputation and quality of our institutions by ensuring only legitimate students are able to benefit from the courses they offer. This is why we will work closely with the sector to implement the recommendations of this review.'  The new requirements for foreign students follow a review of Tier 4 of the points-based system, announced by the Prime Minister in November 2009. The review team were asked to look at whether the current Tier 4 arrangements strike the right balance between facilitating access of genuine students and preventing abuse by economic migrants. The Home Secretary's written ministerial statement about the student changes can be downloaded from the right side of this page. The decision to introduce a points test for citizenship follows the results of a public consultation on the proposals. The results, which were published today in the Consultations section of this website, show that three-quarters of the public polled during the consultation are in favour of the government's plans to introduce a points scheme for citizenship.

Alan Johnson added:

'We have already made fundamental changes to the immigration system to control migration in a way that is firm, and has a positive impact on our work force and economy.  'From 2011 we will put the mechanisms in place that will ensure that people who are allowed to become citizens have earned their right to stay here.  'We will do this using a points test, giving us the ability to take clear, enforceable decisions about who should be allowed to stay permanently, with the flexibility to raise or lower the threshold for citizenship, depending on the current interests of the country and economy.'  Under the new rules, anyone wishing to become a permanent resident will have to earn their right to citizenship. This will restrict the number of economic migrants granted citizenship - for example, by limiting citizenship to those who have the qualifications or skills that the economy needs, or who are living in parts of the country where there are specific skills shortages that they can fill. They will also have to demonstrate that they can speak good English for their application to be successful.

UK Border Agency publishes responses to consultation on points test for citizenship

Home Office, 10 February 2010

The UK Border Agency has published a formal analysis of the responses to its 2009 public consultation 'Earning the right to stay: a new points test for citizenship'. The consultation was published on 3 August 2009 and ran for 12 weeks, closing on 26 October 2009. We have now analysed the 2,201 written responses, and the report sets out the results alongside the views of 1,074 members of the public who participated in a Home Office TNS consumer omnibus survey, and 280 stakeholders who attended 10 consultation events throughout the country. The Borders, Citizenship and Immigration Act 2009 set the framework for reforming the journey to citizenship, and the proposals in the consultation take the government's reform of the immigration system to the next stage - strengthening our control of those coming permanently to the UK, while supporting integration and managing the impacts of migration.

Introducing fingerprint checks at the UK border

Home Office, 25 November 2009

From 30 November 2009, the UK Border Agency is introducing fingerprint checks at the border for passengers with biometric UK visas, entry clearances and identity cards for foreign nationals (ICFNs). On arrival in the United Kingdom, these passengers will have their fingerprints scanned at border control in addition to the normal checks that take place. These will then be checked against the fingerprints the passenger gave with their application. The purpose of these checks is to verify that the individual entering the United Kingdom is the same person who gave their biometrics when they applied for their visa, entry clearance or ICFN. Using fingerprints enables us to do this with greater certainty. For more information about the new fingerprint check process, see the entering the United Kingdom section of this website.

Immigration and asylum statistics released

Home Office, 26 November 2009

Immigration statistics covering quarter three of 2009 have been released by the Home Office today. This range of statistics covers asylum applications, total removals for those illegally in the United Kingdom and migration from Eastern Europe for the period July to September of this year. Net-migration is falling, showing that migrants come to the UK for short periods of time, work, contribute to the economy and then return home. Phil Woolas, Border and Immigration Minister. Figures show that applications for asylum have dropped to 5,055 for the third quarter of 2009 - a 24 per cent reduction compared to the same quarter in 2008. Decisions on asylum cases have also risen 38 per cent compared to the same quarter in 2008 with the grant rate for asylum falling to 12 per cent. In December 2008 the UK Border Agency met it's target of concluding 60 per cent of new asylum cases within six months. Applications from Eastern Europeans to work in the United Kingdom under the worker registration scheme have stabilised at 29,085, compared to 41,265 during the same period last year and 28,060 in quarter two 2009. The Office for National Statistics figures published earlier today also show that net-migration fell to 163,000 in 2008, from 233,000 in 2007, the lowest level since the eight accession countries joined the European Union in 2004. The Office for National Statistics figures also show that of those coming to the United Kingdom in 2008, 14 per cent, 85,000, were British citizens returning to live in Britain. This was more than any other individual nationality. Border and Immigration Minister Phil Woolas said:

'Net-migration is falling, showing that migrants come to the UK for short periods of time, work, contribute to the economy and then return home.  'Our new flexible points-based system gives us greater control over those coming to work or study from outside Europe, ensuring that only those that Britain need can come. 'Our border has never been stronger, as illustrated by the fall in asylum applications and the record numbers we are stopping at Calais. 'We are making the UK a more hostile place for illegal immigrants by issuing foreign nationals with ID cards, checking those who apply for visas against watch lists and fining those who employ illegal workers.'

Changes give British workers more opportunities to apply for jobs

Home Office, 24 November 2009

From 14 December 2009, the resident labour market test for Tier 2 of the points-based system will be extended to four weeks for all jobs, the Government announced today. This will replace the current requirement to advertise jobs for two weeks, or one week for jobs where the salary is £40,000 or more.

We've always said that we would run our immigration system for the benefit of the UK and that is why the Prime Minister announced that we will extend the amount of time employers must advertise jobs in Jobcentre Plus, before they can bring in a worker from outside Europe. Phil Woolas, Borders and Immigration Minister

This change was proposed by the independent Migration Advisory Committee in their Tier 2 report which was published on 19 August. The Government accepted the committee's recommendations in full on 7 September. The Prime Minister announced on 12 November that the extended resident labour market test would be introduced this autumn, so as to better support United Kingdom workers looking for skilled jobs as we come out of the economic downturn. This change will apply to advertising campaigns that start on or after 14 December. Employers that have already run advertisements will not need to re-advertise to meet the new requirement. To provide flexibility to employers, the four weeks will not need to run continuously. This will mean that employers will be able to advertise skilled jobs for shorter periods initially, for example for two weeks. This ensures that where resident workers are available, they can quickly be recruited to skilled jobs. Where there are no suitable resident workers available, the resident labour market must be tested for a further two weeks, making four weeks in total, before employers can appoint a migrant worker. Borders and Immigration Minister Phil Woolas said:

'We've always said that we would run our immigration system for the benefit of the UK and that is why the Prime Minister announced that we will extend the amount of time employers must advertise jobs in Jobcentre Plus, before they can bring in a worker from outside Europe.  'This change will give United Kingdom workers an even better chance and more time to apply for skilled vacancies that might otherwise go to migrant workers. It will ensure that businesses can recruit the skilled foreign workers that the economy needs, but not at the expense of British workers, nor as a cheaper alternative to investing in the skills of the existing workforce.'

Updated guidance for Tier 2 sponsors will be published on this website on 14 December. The other changes to Tier 2 recommended by the Migration Advisory Committee will be implemented in spring 2010.

Changes to the asylum process

Home Office, 13 October 2009

The UK Border Agency has announced changes to the way it registers further submissions and initial in-country asylum applications. From 14 October 2009, further submissions - where someone whose appeal rights have been exhausted asks to have their claim re-examined owing to a change in their circumstances - will have to be made in person rather than by post. The following arrangements will be in place:

• Those who claimed asylum before 5 March 2007, and whose case is being managed by our case resolution directorate, will be required to make any further submissions by appointment and in person at Liverpool further submissions unit (formerly the asylum screening unit).

• Those who claimed asylum on or after 5 March 2007 will be required to make any further submissions in person at a specified reporting centre in their region.

In addition to these changes, it will no longer be possible for initial asylum applications to be made in Liverpool, and anyone wishing to make an initial asylum application in country will be required to do so in person at the asylum screening unit in Croydon.

Removal of citizenship obtained fraudulently (Deprivation)

Home Office - UK Border Agency

We may take away your British citizenship if we find that you obtained your registration or naturalisation by fraud, giving false information, or concealing facts that would have affected our decision. This is known as deprivation of citizenship.

Reasons for depriving you of citizenship might include if you:

• concealed information that might show you are not of good character, such as convictions overseas;
• obtained indefinite leave to remain in the United Kingdom by claiming to hold a different nationality;
• obtained citizenship as the spouse of a British citizen, but you were not validly married to that person; or
• used false documents to obtain citizenship, or cheated in the Life in the United Kingdom test.

We may also take away your British citizenship if, in our opinion, it would be in the public interest for us to do so and you would not be made stateless as a result of us removing British citizenship.

If you are deprived of citizenship, you stop being a British citizen on the date that a deprivation order is issued. After that you are no longer able to hold a British passport.

Any rights you may have to live in the United Kingdom may also be lost. In serious cases, you may be removed from the United Kingdom.

Further information on deprivation of British citizenship can be found in chapter 55 of the nationality instructions.

40,000 Asylum Seekers Could Get Indefinate Leave To Remain In UK

The Government has 'quietly' relaxed immigration rules to help clear a backlog of asylum claims, it emerged. Ministers have changed Home Office guidelines in a move which could see 40,000 previously ineligible foreigners being given indefinite leave to remain in the UK. Three years ago, Labour promised to have dealt with the growing backlog of 450,000 asylum cases clogging up the system by 2011. But officials realised it would be virtually impossible to send many of them back as they were from countries with poor human rights records such as Zimbabwe, Somalia, Iran and China. So in a bid to massage the official figures, ministers have changed the rules making it easier for them to stay in Britain, thus drastically reducing the backlog. Previously officials could only grant indefinite leave to remain when a claimant had already lived in Britain for 10 to 12 years, but now they can apply after just six. This means around 40,000 identified cases can be taken off the backlog immediately - by being granted permission to stay in Britain. The move allows them to work legally in the country, and eventually become full citizens. A leaked memo written by a senior official at the UK Border Agency (Ukba) suggested the change because there would be 'difficulties' in deporting them to their home countries. It was sent to Alan Johnson, the Home Secretary, and Phil Woolas, the Immigration Minister, who signed it off. Head of immigration at Ukba, Matthew Coats, called in the memo for a six-year reduction in the time a claimant had to live in Britain before immigration officials could grant indefinite leave to remain, according to the Daily Telegraph. Liberal Democrat home affairs spokesman Chris Huhne said it showed the rules were being relaxed for 'political expediency'. But immigration minister Phil Woolas said the guidance was merely 'updated' to avoid drawn-out court cases. The Home Office confirmed the changes to immigration rule 395C were made in August. Mr Huhne said: 'The Government is prepared to quietly relax the rules in the interests of political expediency.' Mr Woolas said he was 'confident' the backlog would be cleared by 2011.

New research shows impact of immigration on social housing in UK
Proportion of foreign born in social housing rises 50% in ten years.

New research by Migrationwatch, based on official figures, shows the pressure that uncontrolled immigration has placed – and will place – on social housing. Speaking at the annual conference of the National Housing Federation in London, Migrationwatch chairman, Sir Andrew Green said that in the last ten years, the number of UK born tenants in social housing in the UK has fallen by about 1.2 million while non UK-born tenants have increased by 300,000. As a result, the proportion of foreign born has increased from 7.2% to 11.1% - an increase of 54%.  Migrants who arrived here in the last five years and are not refugees are not yet eligible to apply for social housing but could become so in future years if they are granted settlement. Grants of settlement for non-EEA nationals are running at about 160,000 a year, giving a potential pool of 800,000 although, of course, by no means all will apply. The rise in the proportion of foreign born in social housing is greater because the supply of social housing has not merely failed to meet the demand in a period of very high immigration, but the stock of social housing has actually fallen over the last ten years.

DNA testing to assess nationality of UK asylum seekers - To start with Kenyans claiming to be Somalis

Posted on 01-10-2009, 06:24:00 by Mojatu

The UK Border Agency has reportedly launched a new Human Provenance pilot project intended to use genetic testing as an additional element to other forensic techniques used to determine the true nationalities of asylum seekers (see Observer news article). The project is initially testing samples provided on a voluntary basis by asylum seekers from Africa who have failed linguistic tests and are suspected of claiming false nationality – for example, Kenyans who claim to be Somalis fleeing persecution – but could be extended to other nationalities if deemed successful.

The pilot will use mitochondrial DNA and Y chromosome testing, as well as single-nucleotide polymorphisms (SNP) analysis in an attempt to help determine the true nationality of applicants. However, the plans have attracted serious criticism about the scientific basis for this application of genetic testing. The Border Agency has reportedly released a written response saying: “This project is working with a number of leading scientists in this field who have studied differences in the genetic backgrounds of various population groups” (see ScienceInsider article), although these scientists are not identified.

Other leading scientists say that using genetic data to attempt to determine nationality in this manner is flawed; Professor Sir Alec Jeffreys of the University of Leicester (who invented the forensic DNA fingerprinting technique) told Science that it was “wildly premature, even ignoring the moral and ethical aspects”, also pointing out that even were sufficient research evidence on the ability of DNA testing to identify ethnic origin from that region available, genetic indications of ethnicity would still not establish nationality.

Although many companies now offer genealogical or ancestry DNA testing services, their utility is highly questionable; they typically use 'methods that were developed for the study of human populations rather than individuals' (see Information on genetic ancestry testing). The concern is that asylum seekers will feel compelled to provide DNA samples for analysis and that the results may be inappropriately interpreted when officials attempt to use them in deciding on nationality. - Source: PHG Foundation.

Bizarre Genetic Testing of African Refugees

Raises Outcry from Scientists

Scientists in the United Kingdom are outraged over a new program that seeks to determine asylum seekers’ nationalities through DNA and the isotopes present in their hair and fingernails. “Horrifying,” “naïve,” and “flawed” are among the adjectives geneticists and isotope specialists have used to describe the “Human Provenance pilot project,” launched quietly in mid-September by the U.K. Border Agency. The experts say the tests simply aren’t accurate enough to pinpoint a person’s country of origin.
 
The program will be tried out on asylum seekers from the Horn of Africa, and will seek to establish whether applicants from Kenya or Ethiopia are masquerading as refugees from war-torn Somalia. Yet scientists say the Border Agency’s goals confuse ancestry or ethnicity with nationality. David Balding, a population geneticist at Imperial College London, notes that “genes don’t respect national borders, as many legitimate citizens are migrants or direct descendants of migrants, and many national borders split ethnic groups”.

In the second part of the testing, an applicant will be asked to give hair and fingernail samples; by looking at which forms of certain elements the samples contain, the government scientists hope to find evidence of the person’s diet and environment. But isotope specialist Tamsin O’Connell says the results won’t be specific enough to be meaningful. “It is very difficult to identify individuals to very specific locations using isotopes alone,” she said. “For example, you can’t necessarily tell the difference between a Frenchman or a German. They can be used on a regional or continental level, but they don’t relate to a political boundary”.

The UK Border Agency maintains that the program will be useful first step in determining an applicant’s true nationality, and says the biological tests will be followed up by in-person interviews and language analysis tests.

France's parliament has passed a new bill that introduces tighter curbs on foreigners hoping to join relatives in France - including possible DNA tests.  The controversial bill was passed in both the country's National Assembly and in the Senate.  Supporters say it will speed up the process for genuine applicants and cite similar laws in other European nations.  Critics have attacked the law as racist and questioned the use of genetics as a basis for being allowed into France.  The bill passed by 282 votes to 235 in the lower National Assembly and by 185 votes to 136 in the upper Senate.  It offers prospective migrants DNA tests to prove their link to relatives already living in France.  It also requires hopeful incomers to take a language test and show they are familiar with French values.  Relatives of prospective immigrants living in France must show they have adequate income to support the newcomer.

DNA tests for asylum seekers 'deeply flawed'

UK Borders Agency believes this test will help limit claims by people pretending to have fled war zones

Sunday, 20 September 2009

Asylum seekers are to be subjected to DNA tests in an attempt to confirm their true nationalities, the Observer can reveal. The UK Borders Agency believes this will help limit bogus asylum claims made by people arriving in the UK and pretending to have fled war zones so they cannot be deported. But the "Human Prevalence Pilot Project", which is being launched as a pilot and without fanfare, has been fiercely criticised by migrant support groups who describe it as "deeply flawed".

According to the Home Office, the scheme will involve taking "forensic samples provided on a voluntary basis from those suspected of abusing the asylum system". At first, the six-month pilot will target claimants arriving from the Horn of Africa. The Borders Agency has been concerned for some time that Kenyans pass themselves off as Somalis in the hope of gaining asylum. But the project could be expanded to other nationalities if successful, a Home Office spokeswoman confirmed. At first it will be used only on those who fail language analysis testing, which has been used for years to determine the country of origin, but is open to legal dispute. Refugee support groups expressed fury. They are concerned about how DNA testing will work and whether it will be able to distinguish legitimately between the profiles of the many nomadic peoples from eastern Africa.

"It is regrettable that this pilot has been introduced without consultation, as there are obvious pitfalls in trying to prove nationality genetically," said Caroline Slocock, of Refugee and Migrant Justice. She said it "would lead to serious miscarriages of justice". Sandy Buchan, of Refugee Action, said: "Many of those who seek asylum are two or even three generations removed from the country of origin of their parents and grandparents, and are fleeing areas other than the nation of their birth. A Zimbabwean farmer fleeing persecution may possess the DNA of British relatives; would they be denied asylum on that basis?" The Home Office spokeswoman said ancestral DNA testing would not be used alone but would be combined with language analysis, investigative interviewing techniques and other recognised forensic disciplines. - Guardian.co.uk © Guardian News and Media 2009

Experts condemn asylum DNA tests

Leading scientists have criticised as "naive" and scientifically flawed DNA tests for asylum seekers to establish where they come from. The UK Border Agency "human provenance pilot project" is aimed at stopping people "swapping" nationality in the hope of remaining in the UK. It is testing migrants to try to establish where they are from. But scientists say it is not possible to tell what country a person comes from using the tests. The pilot began earlier this month, targeting migrants from the Horn of Africa. Mouth swabs, hair and nail samples will be tested on a voluntary basis. It is understood there is concern that some asylum seekers are pretending to be from countries like war-torn Somalia when making their asylum claims when in fact they are from neighbouring countries. The Home Office said "nationality swapping is often used by fraudulent asylum seekers to help prevent their removal. "That is why we are continuously looking at new and improved ways to ensure that we can ascertain the correct identity and nationality from every asylum seeker." Professor Sir Alec Jeffreys of the University of Leicester pioneered human DNA fingerprinting. He described the pilot as "naive and scientifically flawed". "It is bad science and could profoundly affect the lives of people, it's a shocker," he said. "The Borders Agency is clearly making huge and unwarranted assumptions about population structure in Africa; the extensive research needed to determine population structure and the ability or otherwise of DNA to pinpoint ethnic origin in this region simply has not been done. "Even if it did work, which I doubt, assigning a person to a population does not establish nationality - people move!", Prof Jeffries said. Hair and nail samples will be tested for isotopes, or different types of the same chemical element which relates to an individual's diet or their environment.

Clearer picture

But Tamsin O'Connell, lecturer in bioarchaeology at the University of Cambridge, said using the samples that way would not enable the Border Agency to pinpoint a person's country of origin. "It is very difficult to identify individuals to very specific locations using isotopes alone," she said. "For example, you can't necessarily tell the difference between a Frenchman or a German. They can be used on a regional or continental level, but they don't relate to a political boundary." The UK Border Agency maintains the scheme, which will last six months, will build up a clearer picture of where an asylum seeker comes from. "This will enable the UK Border Agency to make further enquiries, including language analysis and face-to-face interviews, to indicate the possible origin of an individual and help successfully return them to their true country more quickly," a spokesperson said.

Two new policy announcements for Tier 4 of the points-based system

Home Office, 30 September 2009

In line with the launch of the sponsorship management system for Tier 4 of the points-based system on 5 October 2009, the UK Border Agency has announced new policy for Tier 4 sponsors and would-be students.

The new policy centres on two main areas:

1. Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom - this will help to ease the transition process for would-be students.

2. Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October - this will strengthen Tier 4 and strengthen the United Kingdom border.

Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom

Tier 4 applicants need to have enough money to cover their course fees and maintenance. They must normally show that they have held this money for a 28-day period ending no more than one month before their application, but until now we have operated a concession allowing them to show only that have the required funds in place on the date when they apply. This concession ends on 1 October 2009. However, we recognise that many students already in the United Kingdom will not have needed to show this money before, so we have decided to allow a longer transitional period for all Tier 4 applications made within the United Kingdom. Would-be students who make a Tier 4 application from inside the United Kingdom before February 2010 will only need to show that they have the money needed on the day when they apply. They must still provide the correct documents to support their application. From 1 October 2009, would-be students applying from outside the United Kingdom must show that they have held the required money for a 28-day period ending no more than one month before the date of their application.

Tying Tier 4 students' permission to stay to their sponsors,

if they make their application on or after 5 October, 2009

On 5 October 2009, new Tier 4 students' permission to stay in the United Kingdom will be 'tied' to the education provider that is sponsoring them. This will bring Tier 4 in line with other tiers of the points-based system. From 5 October, every new Tier 4 student will find their sponsor's reference number on the vignette in their passport or on their identity card for foreign nationals. In future, if a student wants to study with a new Tier 4 sponsor and they made their last application for a Tier 4 visa on or after 5 October 2009, they will need to apply for a new Tier 4 visa. They will not be allowed to begin studying with the new education provider until they have received a decision on the outcome of their application - if they do so, they will be committing a criminal offence for which they could be prosecuted or removed from the country. We have been asked whether students in this situation will be able to begin studying with the new education provider, at their own risk, before they have received a decision on their application. The UK Border Agency cannot condone a criminal offence, and therefore cannot advise students that this is an option for them. We will make every effort to ensure that applications from students wishing to change education provider are considered within the published service standard, so that they can move to the new education provider as quickly as possible. If a student wants to study with a new Tier 4 sponsor, and they made their last application for a Tier 4 visa before 5 October 2009, they will continue to be allowed to change their without making a new Tier 4 application. They must, however, seek permission from us to change their sponsor.

Proposed changes to the law on citizenship

Home Office, 03 August 2009

The Borders, Citizenship and Immigration Bill received Royal Assent on 21 July. It will introduce certain changes to British nationality law. The new registration provisions will need to be commenced by order. We intend to commence these by early 2010. The "Earned Citizenship " provisions, which will amend the requirements for naturalisation, will be commenced in the Summer of 2011. One of these changes amends the British Nationality Act 1981 so that a person born in the United Kingdom to a parent in the armed forces will be a British citizen. This already happens, but changes to the 1981 Act will put the matter beyond doubt. For children born overseas to those in the armed forces, the Borders, Citizenship and Immigration Act inserts a new section 4D into the British Nationality Act 1981, which will entitle a person born outside the United Kingdom to register as a British citizen if:

• he or she was born to a Foreign and Commonwealth member of the United Kingdom armed forces; and

• that parent was serving outside the United Kingdom at the time of birth; and

• both parents consent to the registration.

A change has been made to section 3(2) of the British Nationality Act 1981. At the moment, children of British citizens by descent can only be registered under that section if an application is made within 12 months of the birth (or six years, if the Home Secretary allows). The change will allow an application to be made at any time before a child's reaches the age of 18. More information about registration under section 3(2) can be found in Guide MN1, which you can download from the right side of this page. The changes in the Act will allow British Nationals (Overseas) to be registered under section 4B of the British Nationality Act 1981 if they do not hold any other citizenship or nationality. A person will not qualify under this section if they have done anything after 19 March 2009 that resulted in the loss of another nationality. More information about registration under section 4B can be found in Guide BOS, which you can download from the right side of this page. A person who has a British mother currently has a right to register as a British citizen under section 4C of the British Nationality Act 1981 if:

• he or she was born between 7 February 1961 and 1 January 1983; and

• he or she would have become a British citizen if women had been able to pass on citizenship in the same way as men at that time.

The new Act extends the provisions of section 4C to those born before 1961. Further information about registration under section 4C can be found in Guide UKM, which you can download from the right side of this page.  The Government is also making changes to the requirements for naturalisation, to introduce the concept of earned citizenship. Further information about commencement of the nationality provisions will be posted on our website in due course.

New research shows that exodus of immigrants from UK is speeding up

Home Office, 06 August 2009

A new report by ippr published today shows that more and more immigrants to the United Kingdom are staying for a short time and then leaving. The outflow in the last couple of years is close to 400,000. Major findings from the report, Shall we stay or Shall we Go: Re-migration trends among Britain's immigrants include:

• More than 3 million immigrants to the United Kingdom in the last thirty years have subsequently left - around half the total

• The size of the exodus is increasing, with more than 190,000 leaving in 2007 - a number that is likely to be exceeded in 2008

• Short stay migration is a growing phenomenon - immigrants spending less than four years in the United Kingdom doubled between 1996 and 2007

• 85% of migrants currently in the United Kingdom who took part in an on-line survey said they were only planning to stay short term

Research in 5 countries showed that migrants tend to come to the United Kingdom for economic reasons, but leave for personal reasons. The migrants who are most likely to leave are those with high skills, good education and low barriers to movement. These people are becoming increasingly 'super mobile'. The findings could have important implications for the Government's new points-based immigration and citizenship systems, which put an emphasis on highly skilled migration and greater integration of immigrants. Tim Finch, Head of Migration at ippr, says:

'The migration debate in the UK is fixated with the idea that immigrants come to settle and not enough attention has been paid to the fact that more and more immigrants are spending only short periods in the UK. Our research shows that many groups of migrants are now increasingly mobile. They are coming to the UK to study and work for short periods and then they are moving on. As global competition for highly skilled migrants increases in future years, schemes to retain migrants may become as important as attracting them in the first place.

The report's policy recommendations to the Government include:

• Taking more active steps to encourage some migrants to stay longer in the UK through using the points based system, retention schemes, simplified visa extensions and tax incentives

• Piloting and promoting Migration Information Centres and 'Circular Migration' schemes so that short stay migration is better managed

• Making sure that migrant integration strategies take into account the increasing amount of short stay migration

• Improving links with former immigrants to the UK and treating them as a 'secondary diaspora' which could be regarded as an economic and diplomatic asset.

Phil Woolas, Borders and Immigration Minister, said:

'This report further demonstrates that migrants come to the UK for a short period of time, work, contribute to the economy and then return home. Our new flexible points based system gives us greater control on those coming to work or study from outside Europe, ensuring that only those that Britain need can come.

'This week I announced proposals which will break the link between temporary settlement and permanent residence. Only those that who earn the right to stay should be allowed a British passport.'

Three week campaign on lorry drivers - warning by immigration officers

Home Office, 05 August 2009

A three week campaign emphasising hauliers' responsibilities in the fight against illegal immigration has been carried out by the UK Border Agency across the midlands and the east of England. Operation Hedya - which concluded on Friday (31 July) - targeted lorry drivers who leave themselves open to stowaways by failing to properly secure their vehicles. Officers visited lorry drop hotspots - including Clacket Lane services in Surrey, Thurrock and Birchanger services in Essex, South Mimms services in Hertfordshire and Warwick services in Warwickshire - reminding drivers about the importance of conducting the correct security checks. Drivers can face heavy financial penalties if they do not secure their lorries properly - more than £68,000 was recovered during the campaign from drivers and companies identified with unpaid civil penalties from previous immigration checks. Simon Excell, UK Border Agency deputy director, said:

'Our top priority is to stop would-be illegal immigrants before they reach the United Kingdom. By highlighting to drivers their own responsibilities as well as the potential penalties they face if they do not implement an effective security system we are winning the fight against clandestine entry to the United Kingdom.

'We have already seen a significant fall in illegal immigrants sneaking in to the UK thanks to high profile operations like this one and the deployment of a mobile detention van which patrols the motorways of the Midlands and East of England.

'The message is getting out to would-be illegal migrants and organised smuggling gangs that we will catch them, we will detain them and we will deport them.'

The operation was led by Immigration Officer Dave Butler, of the Stansted Enforcement Unit, who said:

This operation only strengthens the continued effort to deter clandestine illegal entry and sends a clear message to hauliers.'

UK scraps compulsory ID cards

Published: London, June 30 2009

Alan Johnson, the home secretary, has shelved plans for the eventual introduction of compulsory ID cards for British citizens, dealing another blow to the government’s controversial £4.9bn national identity scheme. Mr Johnson also said on Tuesday that pilots and airside workers at Manchester and London City airports would no longer be forced to carry the cards, after unions had objected strongly to their introduction. The Home Office also confirmed that a long-term contract for the large-scale production of the cards, which will now only be offered on a voluntary basis, was being delayed until 2011 or 2012. The Tory opposition has promised to scrap the ID card scheme in the event that it wins the forthcoming general election, which must take place by next spring.  Charles Clarke and Jacqui Smith, two former home secretaries, had said they expected to reach a “tipping point” of 80 per cent of British people using ID cards by 2018, at which point their use would have been made compulsory by law. However, when asked on Tuesday whether that was still the case, Mr Johnson stated a categoric “no”.

Mr Johnson stressed that he remained convinced that the cards offered “significant benefits”, and announced plans to extended the voluntary ID card scheme taking place in Manchester to the rest of the north west.  He said it would be useful for young people to provide proof of age and for tackling anti-social behaviour. He also said the government would offer the cards free to the over-75s. Nevertheless, the government has only received 3,500 expressions of interest in the cards so far from around the country. Commenting on the announcement, David Davis, former shadow Home secretary, said: “Alan Johnson has signalled the final stages of the descent into chaos of the government’s ID card scheme. The cancellation of the compulsory airside workers test of the scheme, in the face of fierce resistance from pilots and trade unions, shows that the Home Office had lost their stomach for the fight. He added: “The abandonment of the requirement for the ID card to be compulsory as the final stage shows the government has lost its belief in the ID card as a universal check on identity. One of the fundamental design flaws in the system was that it had to be compulsory for it to work as advertised. Otherwise, how could any public servant, be they police, immigration officer, or welfare provider, demand to see it?”

Home Office delays ID card contract

Published: June 18 2009

The government's controversial ID cards scheme appeared to have been kicked "into the long grass" last night, after the Home Office backed away from a commitment to award a key contract to produce the cards for British citizens this autumn. The so-called "card design and production" contract - for which Fujitsu, IBM, and Thales UK were bidding - would have been one of the costliest stages in the £4.8bn project to introduce a national identity card scheme. The Home Office conceded the delayed contract may not be awarded until autumn 2010. Given that the Tories have pledged to scrap the scheme, however, it would be unlikely to see the light of day in the event of a Conservative victory in the next general election. The delay comes as the government is facing record levels of public debt and examining ways to slash costs across all departments. It follows a warning yesterday from Chris Grayling, shadow home affairs secretary, that companies involved in the ID scheme should not sign further contracts because of the Tories' intention to abandon it. "I am increasingly concerned the government is putting in place contractual arrangements that are designed to tie the hands of a future government," Mr Grayling said, "and I want to make the contractors absolutely aware that we do not intend to complete this work." The Home Office has already signed four contracts in the ID programme: a pilot scheme run by Thales; a passport and ID card application system being developed by US-based CSC; an IBM contract to build a database to store fingerprint and facial biometrics; and a De La Rue contract to produce biometric passports.

These, however, could be left largely untouched by the Tories, because much of the technology would be needed to introduce biometric passports, which the party supports. The contract to develop and produce the bulk of the cards, which had been scheduled for the autumn, was set to be far more controversial, since it was the first part of the programme exclusively addressed to ID cards. Edgar Whitley, a leading IT expert at the London School of Economics Identity Project, a research unit, said yesterday that he had heard "rumours two or three weeks ago that ID card production was being kicked into the long grass", which he ascribed to a combination of political factors and delays in the contract process. Mr Whitley said there were mixed messages coming from the government on the ID scheme, which has met with some opposition in the cabinet. "If everyone knew what hymn book they were reading, then I'm sure they would be singing the same hymn," he said. Alan Johnson, the home secretary, said this week that the ID cards were a "manifesto commitment". The Home Office said yesterday that it had a small contract in place to deliver the ID cards needed for a pilot scheme in Manchester, which expires next autumn. As for future plans for the bigger contract, the department said: "We will have a new contract in place by the time this contract comes to an end."

Agency report defends migrants

London, Tuesday 30th June, 2009. Developed countries must resist any temptation to shut the door to immigrants now that recession is creating greater competition for fewer jobs, the Organisation for Economic Cooperation and Development (OECD) said today. The OECD published a report on international migration in which it highlighted that unemployment among immigrants had almost doubled in the United States, Spain and Ireland since the start of the economic crisis. No governments had so far announced drastic plans to close borders, but Italy has slashed an entry quota for non-seasonal immigrant workers to zero from 500,000 and Australia has cut a similar quote by 20 percent, OECD chief Angel Gurria said. “Migration is not a tap that can be turned on and off at will,” Gurria told a news conference. Extremist political parties had made gains in EU parliament elections in June, he said. “The anti-immigration discourse seems to be popular. Why? Because conditions are difficult and this situation is reflected in public discourse. People talk about the ‘threat of migrants who will be taking our jobs or who already have’,” Gurria said. “We have to do everything possible to combat that tendency. We have to avoid taking deliberate migration policies which would close the doors of developed countries.” In Spain, the jobless rate among immigrants was 27.1 percent in the first quarter of this year, compared to 15.2 per cent for natives, the OECD, a think-tank funded by governments from 30 mostly wealthy countries, said in its report. Governments needed policies on migrant labour that can be adjusted easily to both good and bad times, and programmes to help integrate foreigners should be maintained if not indeed strengthened when times were tougher, as now. “In tackling the jobs crisis, governments need to make sure that immigrants do not fall prey to increasing xenophobia and that discriminatory practices do not worsen an already difficult situation for them,” Gurria said. Foreigners are often on the frontline in downturns because they often work in sectors such as construction and catering. Egyptian police, for instance, over the weekend shot dead an African migrant and wounded two others, security sources told Reuters. (Reuters)

New immigration fees from 6 April

Home Office, 03 April 2009

Following Parliamentary approval, the new immigration fees announced on 12 February 2009 will be introduced from Monday 6 April 2009 for all those applying to visit, work in or stay in the United Kingdom. Fees for studying in the United Kingdom under the new tier 4 of the points-based system came into force on 31 March 2009. The new fees are set out in the table that you can find on the right side of this page. Also on Monday 6 April 2009, we are revising a number of our application forms. If you are submitting an application on or after 6 April, please:

• visit the relevant section of this website to check that you have the right form; and
• make sure that you send us payment at the new fee level for your type of application.

CLICK HERE FOR FULL FEES

New procedure for confirming non-acquisition of British citizenship

Home Office, 01 April 2009

If you are a national of a country that does not recognise dual nationality but you are resident in the United Kingdom, your country's government may require you to confirm that you have not become a British citizen before you can renew your national passport.

The UK Border Agency is introducing a new process and fee for requests to confirm the non-acquisition of British citizenship. These will apply to requests received on or after 6 April 2009.

If you need confirmation that you have not acquired British citizenship, you will need to apply using form NQ (PDF 94K opens in new window) and enclose the fee and payment slip from the fees leaflet (PDF 2.0M opens in new window).

You must complete both parts of form NQ, and provide the correct address to which we should provide confirmation. The completed form, fee and payment slip should be sent to:

Home Office
PO Box 306
Dept 101
LIVERPOOL
L2 0QN

New procedure for confirming non-acquisition of British citizenship

Home Office, 01 April 2009

If you are a national of a country that does not recognise dual nationality but you are resident in the United Kingdom, your country's government may require you to confirm that you have not become a British citizen before you can renew your national passport.

The UK Border Agency is introducing a new process and fee for requests to confirm the non-acquisition of British citizenship. These will apply to requests received on or after 6 April 2009.

If you need confirmation that you have not acquired British citizenship, you will need to apply using form NQ (PDF 94K opens in new window) and enclose the fee and payment slip from the fees leaflet (PDF 2.0M opens in new window).

You must complete both parts of form NQ, and provide the correct address to which we should provide confirmation. The completed form, fee and payment slip should be sent to:

Home Office
PO Box 306
Dept 101
LIVERPOOL
L2 0QN

Tough new rules target bogus colleges and education cheats

Home Office, 31 March 2009

A strict new system to crack down on bogus colleges and fraudulent applications from foreign students has so far screened out almost a quarter of applications from independent schools, colleges and universities, the Government revealed today. Institutions have to register with the UK Border Agency before they are allowed to sponsor international students to come here under the student tier (tier 4) of Britain's tough new points-based system. More than 2,100 universities, independent schools and colleges have applied to accept international students. Each institution has been assessed or visited by UK Border Agency officers as part of the vetting process. Already around 460 institutions that don't make the grade have not been accepted.

Foreign students play a huge part in the United Kingdom's cultural and economic wealth and they help make the United Kingdom's education sector one of the finest in the world. Last year tuition fees from international students totalled £2.5 billion - the tier 4 rules ensure that institutions who benefit from having international students on their books take responsibility for ensuring students arriving from outside Europe comply with the conditions of their leave to be in the United Kingdom. Before reaching the United Kingdom, students need to prove they have a place at a licensed education provider, that they can financially support themselves, and must provide their fingerprints to the UK Border Agency. The Government is determined that the new route benefits talented, legitimate students making the most of Britain's world-leading educational institutions.

Home Secretary Jacqui Smith said:

"These new measures make sure people who come here to study - and the people who teach them - play by the rules.
 "This new tier of the points based system allows us to know exactly who is coming to the UK to study and crack down on bogus colleges. "I have made it clear that I will not tolerate either the fraudulent applicants trying to abuse Britain's immigration rules, or the dodgy colleges that facilitate them. However Britain will always welcome legitimate students who are coming here to receive a first-rate education."

Professor Mary Ritter, Pro Rector, International Affairs at Imperial College London said:

"International students play a big part in making Imperial the dynamic and exciting place it is, and we feel very fortunate that so many motivated, highly talented people from around the world want to pursue their studies here. "It's vital that, while taking appropriate border control measures, we don't make it difficult for these students to come to the UK. For that reason we are very pleased that the Government has decided to extend the maximum length of the Tier 4 visa from the planned four years to cover the complete duration of a student's course. This will be particularly helpful for medical students. "We also welcome moves to make the system simpler for institutions and students."

The UK Border Agency has been working closely with the education sector to ensure the system works for both institutions and students alike. Following consultation, students must show they have the money to support themselves for nine months - this is lower than the 12 months originally proposed for this tier. The UK Border Agency website contains advice for educational institutions and advice for students who want to study in the UK under tier 4. Today also sees a raft of other immigration controls come into force to ensure immigration is managed for the benefit of Britain. Today the UK Border Agency will:

• introduce wider new categories of foreign nationals required to apply for an identity card containing their facial image and fingerprints. Identity cards will securely lock foreign nationals into one identity and help businesses crack down on illegal working;
• be even more selective through the points-based system for foreign workers by ensuring that employers must have advertised skilled jobs for two weeks in a Jobcentre Plus before they can offer it to a foreign worker, and raising the bar for highly skilled migrants through Tier 1. This shows that in these difficult times the bar has been raised for highly skilled migrants; and
• start increasing visa fees to provide a pot of cash which will go towards the Migration Impact Fund. The Government confirmed earlier this month that this fund, worth £70 million over two years, will be implemented to help deal with the impacts of migration on a local level. This money will be made available to local service providers across the country, including police, schools and hospitals.

Implementation dates of new visa regimes for nationals of Bolivia,

Lesotho, South Africa, Swaziland and Venezuela

Home Office, 01 April 2009

Today the Government announced the start dates of the United Kingdom's new short stay visitor visa requirements for the above countries. Travellers from these countries who are transiting the United Kingdom on route to other countries will also need a transit visa. Visa regimes for Bolivian and Venezuelan nationals will begin on Monday 18 May 2009. Venezuelan nationals holding valid biometric passports containing an electronic chip will be exempt from the visa requirement. At the same time we will also be clarifying how the visa exemption for Taiwan passport holders works - that it only applies to those with full residency rights in Taiwan. The temporary visa exemption for South African visitors with a previous travel history to the United Kingdom which began on 3 March will cease at midnight on 30 June 2009. From Wednesday 1 July 2009 all South African visitors will require a visa, as will visitors from Lesotho and Swaziland.

London, Wednesday 1st April, 2009. A Helicopter ditches in North Sea. A helicopter has ditched in the North Sea. About 16 people were believed to be on board the Bond Super Puma and Aberdeen Coastguard said a major rescue operation was under way. The incident happened about 35 miles east of Crimond in Aberdeenshire at about 1400 BST. The operation includes two RAF rescue helicopters and a Nimrod, as well as two lifeboats. Fishing boats are also in the area. The crash comes less than two months after a helicopter with 18 people on board ditched in the Etap field 125 miles east of Aberdeen. All those on board the Super Puma survived the crash on 18 February.

New immigration applicants to get identity cards for foreign nationals

Home Office, 27 March 2009

Yesterday Parliament approved regulations allowing the UK Border Agency to expand the identity cards scheme from 31 March to several categories of immigration applicants from outside the European Economic Area (EEA). In November we introduced the first identity cards for spouses or partners and students given permission to extend their leave. From 31 March migrants granted an extension in the following categories will also get an identity card:

• academic visitors granted leave for more than six months;
• visitors for private medical treatment;
• domestic workers in a private household;
• United Kingdom ancestry;
• retired persons of independent means;
• sole representatives;
• dependants where applicable and when applying at the same time; and those applying for a transfer of conditions
•  

On 31 March the old student immigration categories will also be replaced by the new child student and adult student categories of the points-based system. Anyone applying to extend their stay in the United Kingdom in these new categories will also have to give their biometrics. This includes Postgraduate doctors and dentists who will have to apply in the new adult student category. For more information and a table listing the categories affected please see identity cards for foreign nationals. Those applying for a transfer of conditions into a passport or other document will receive a card if successful, regardless of whether their category has been rolled out, meaning that any foreign national with limited permission to stay might hold a card as evidence of their right to be in the United Kingdom. As the numbers of foreign nationals required to give their biometrics (fingerprints and photograph) increases, we are working to increase the number of biometric enrolment centres. There are currently seven offices around the United Kingdom - Croydon, Sheffield, Liverpool, Solihull, Cardiff, Glasgow and Armagh in Northern Ireland. Over the next three years our plans are to provide identity cards to all non EEA nationals extending their permission to stay in the United Kingdom and those coming into the United Kingdom on visas for more than six months. By the end of 2014/15 about 90 per cent of all non EEA nationals will have been issued with a card. ID cards will replace the stamps, stickers and other immigration status documents, enabling those here legally to prove it more easily and giving employers, sponsors and public service providers a simple, more secure way to prove a person's immigration status and eligibility to work, study or access benefits in the United Kingdom.

Our 10-point delivery plan in UK

Home Office, 24 February 2009

The UK Border Agency has announced 10 wide-ranging pledges for 2009, which will help ensure that it meets its ongoing commitment to further strengthen the border, count people in and out of the country and target criminals.

Building on work already being done by the Agency to strengthen the United Kingdom's immigration controls, the pledges are as follows:

1. March 2009 - Open a new immigration removal centre to help remove immigration offenders.

Located near Gatwick in south-east England, Brook House will have the capacity to hold more than 420 immigrants found to be not playing by the rules. It will help to deliver the Government's pledge to remove more foreign national prisoners this year than ever before.

2. April 2009 - Use our points-based system to ensure that migration matches the country's needs in hard times.

The Home Secretary announced changes to the entry requirements for highly skilled and skilled migrants on 22 February.

3. April 2009 - Start charging migrants to create a multimillion-pound fund to reduce the impacts of migration on local services.

The Migration Impact Fund is being set up in response to the Government's Green Paper The path to citizenship, published in February 2008, which said that migrants should contribute "to a new fund for managing the transitional impacts of migration, providing extra financial help to communities experiencing change from migration".

4. April 2009 - Introduce new technology to help detect drugs and other illegal goods.

Since April 2008, technology used in customs checks at ports has contributed to the seizure of illegal drugs worth over £260 million.

5. May 2009 - Be tougher on European criminals, removing European nationals who cause harm to our communities.

At present, criminals from countries in Europe are not considered for deportation unless they have been sentenced to at least 24 months in jail. This threshold will be reduced to just 12 months - bringing these criminals in line with those from outside Europe - in cases involving drugs, violent or sexual offences. There are also plans to target and deport low-level, persistent foreign offenders who cause harm in their communities but have not been given a prison sentence - for example, those who have continued to offend while on community service.

6. July 2009 - Start tough new visa controls, which will cover five countries.

Nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela will need a visa whenever they travel to the United Kingdom.

7. August 2009 - Have completed delivery of new facial recognition technology in 10 terminals, giving British passengers a faster, secure route through the border.

The first facial recognition gates at a British airport were installed at Manchester Airport last August.

8. November 2009 - Issue 75,000 compulsory identity cards to foreign nationals.

Identity cards were introduced in November 2008 for some categories of foreign national living in the United Kingdom, and the programme was expanded to include more categories in February 2009.

9. December 2009 - Hit target to screen 120 million passengers entering and leaving the United Kingdom against security watch-lists, and introduce a new high-tech security centre.

10. December 2009 - Deport a record number of foreign prisoners.

In 2008, more than 5,000 foreign national prisoners were removed from the United Kingdom.

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Proposed fee levels for visas and sponsor licences in 2009/10

Home Office, UK - 12 February 2009

The Government has today announced its proposed fee levels for all visa, immigration and nationality applications and services in 2009/10. The revenue from these fees will enable the UK Border Agency to continue providing a world-class immigration service while reducing the burden on United Kingdom taxpayers. The Government is currently delivering the biggest shake-up of the immigration system for 45 years, including:

• fingerprint checks before people come to the United Kingdom;
• a strong new force at the border;
• counting people in and out of the United Kingdom; and
• introducing identity cards for foreign nationals.

These important improvements cost money to deliver, and the Government's policy is that United Kingdom taxpayers should not bear the full cost of them. In 2009/10 the UK Border Agency plans to spend over £2.2 billion on securing our border and managing the immigration system. Approximately 30% of this spending will be recovered through fees from applications and the services we offer. This will allow the UK to continue reaping the benefits of migration while also preventing abuse of the system. Fees for visa, immigration and nationality services are reviewed regularly, with changes made when necessary. In setting the fees for 2009/10, the Government has continued to take into account the United Kingdom's international competitiveness at a challenging time for the global economy.

LATEST UK IMMIGRATION APPLICATION FORMS INCREASED PRICES 2009/2010 CLICK HERE

New countries face tough visa rules

Home Office, UK - 09 February 2009

Visa checks are to be introduced for five countries after they failed to pass the United Kingdom's strict new Visa Waiver Test. Following the Government's first global review of who needs a visa to come to the United Kingdom, visas will now be required for visitors from Bolivia, Lesotho, South Africa, Swaziland and Venezuela. Already, three-quarters of the world's population need to apply for a visa if they want to visit the United Kingdom. Widening the visa net is part of the Government's action to tighten border security. There is now a triple ring of security protecting the United Kingdom: fingerprint visas that lock people to one identity, a high-tech electronic borders system which checks people against watchlists, and identity cards for foreign nationals. The Visa Waiver Test reviewed all non-European countries and regions to determine the risk their citizens potentially posed to the United Kingdom - in terms of illegal immigration, crime and security - by not having to apply for a visa before they travelled. In July 2008 the UK Border Agency found that 11 countries fell short of the required standard. Over the past six months, the Agency and the Foreign and Commonwealth Office have worked closely with those countries to improve their passport and border control systems. It has now been decided that visa checks are required for five of them in order to stop fraudulent attempts to enter the United Kingdom. Nationals of Bolivia, Lesotho, South Africa, Swaziland and Venezuela already need a visa to work or settle in the United Kingdom, as do all nationals of countries outside the European Economic Area. Now they will need to apply for a visa even if they are visiting the United Kingdom for less than six months. In the case of Venezuela, visitors who have new secure fingerprint passports issued since 2007 will be allowed to enter the United Kingdom without applying for a visa.

Border and Immigration Minister Phil Woolas said:

"The Government said it would get tough and we meant it. Already our shake-up of border security is delivering results, with three million fingerprints taken from visa applicants and 3,000 people caught trying to hide their identity.

"Today's announcement sees these tough checks extended to a further five countries.

"The message is clear - we will not shy away from widening the visa net further wherever we think there's a risk to the UK."

Additionally, anyone wishing to travel from Bolivia, Lesotho, South Africa, Swaziland or Venezuela to another country via the United Kingdom will now need a transit visa. The same transit visa requirements have been extended to Jamaican nationals wanting to pass through the United Kingdom. Everyone applying for a visa to enter the United Kingdom is now fingerprinted, locking them to one identity, and checked against Government watchlists. They are then screened and counted in and out of the United Kingdom using the UK Border Agency's e-Borders system. First-time visitors to the United Kingdom from South Africa will need to apply for visas from 3 March 2009, with the full visa regime there and in the other countries coming into effect by mid-2009. The visa regime for Taiwanese passport holders wil be lifted as a result of the Visa Waiver Test. This will take effect from 3 March 2009.

Identity cards for foreign nationals to extend to further immigration categories

Home Office, UK - 09 February 2009

Regulations laid before Parliament today mean that even more successful applicants for leave to remain from outside the European Economic Area (EEA) are expected to receive identity cards for foreign nationals. The cards replace the stickers or vignettes in passports. Subject to Parliamentary approval of the regulations, those applying for further leave to remain in the United Kingdom in the following categories will be required to provide their biometrics (fingerprints and photograph) as part of their application from 31 March 2009:

In addition, those applying while in the United Kingdom for a transfer of existing conditions from a passport or other such document will also receive an identity card instead of a stamp or vignette, if their application is successful.These categories are expected to join students and spouses or civil or unmarried partners, and their dependents who were granted further leave to remain and were the first to receive the card from 25 November 2008. Foreign nationals seeking indefinite leave to remain and the settled population remain unaffected by the changes.

Recording biometrics before deciding whether to grant leave has already proved successful, with three prosecutions for leave to remain by deception since the UK Border Agency went live with cards in November. These add to the six prosecutions resulting from the pilot that took place last year to test the processes and technology behind biometric enrolment. There are several other cases currently under investigation where we expect similar results, as well as refusals of leave where matches have revealed a failure to disclose information. These successes demonstrate the effectiveness of biometric checks in tackling immigration abuses and reducing illegal working, misuse of public funds and identity fraud. For people who are here legally, the card safeguards their identity and provides a convenient and extremely secure way to prove their right to live and work here, making it easier for employers and public service providers to understand their entitlements.

Universities and colleges warned to sign up now to the new

points system if they want to teach international students

UK Border Agency, 27 January 2009

The deadline is fast approaching for universities, colleges and schools who want to sponsor international students when the student tier of Britain's tough new points system goes live, the UK Border Agency warned today. The points-based system was created to manage the number of people coming here to work and study in the best interests of the United Kingdom. The introduction of the student tier, Tier 4 will complete the rollout of the points-based system. If education institutions want to bring in international students when Tier 4 starts at the end of March they must apply by 2 February. So far more than 800 universities, colleges and schools have signed up. Institutions who do not apply before the deadline will not be able to sponsor students from the go-live date in March. Under the new rules schools, colleges and universities must pledge to take responsibility for any students they bring here from outside Europe and have a licence to do so.

The new system will be rolled out over the next 12 months. This strict new approach will weed out bogus colleges who abuse the system and ensure that international students wanting to take advantage of Britain's world-class universities, colleges and schools play by the rules, preventing bogus students from failing to show up or overstaying. International students who want to come here under Tier 4 will have to be sponsored by a UK Border Agency-licensed education institution, prove that they have the means to support themselves and their families and supply their fingerprints. The tough new student route means Britain can continue to recruit good students from outside Europe while cracking down on those who seek to abuse the system. Border and Immigration Minister Phil Woolas said: "Everyone who comes here must play by the rules and that includes foreign students wanting to take advantage of our world-class universities and colleges. The new student tier of the points system will ensure we will know exactly who is coming here to study and crack down on bogus colleges. That is why I am delighted that more than 800 colleges and universities have registered so far. I now urge other educational institutions to sign up so they are ready when the system goes live at the end of March." The Agency has worked closely with the education sector to ensure legitimate schools, colleges and universities do not fall foul of the new regime and are ready for the introduction of the new rules. The new points system is just one part of the biggest shake up to immigration and border security in a generation, along with fingerprint visas for anyone wanting to come to the United Kingdom and compulsory ID cards for foreign nationals.

Policy change on certain judicial reviews

09 January 2009

New policy on judicial reviews that challenge removals

A new policy on handling legal challenges to us removing people from the United Kingdom (judicial review challenges) will come into effect on 30 January. This will help us establish a swift end-to-end process for concluding asylum cases and deporting foreign national prisoners. This will affect the cases of people who make another application for judicial review (JR) within three months of a judge refusing permission on a previous JR application, particularly where the first claim has been found to be clearly without merit or where a case has been withdrawn or otherwise concluded. Under our current policy, we automatically stop work on removing that person from the United Kingdom while the new application is going through the courts. From 30 January we will no longer automatically suspend removal, particularly where the first claim has been found to be clearly without merit. It will only affect cases where the claimant has raised:

• the same or virtually identical grounds; or
• grounds that could reasonably have been raised previously at the judicial review.

In these circumstances we are unlikely to suspend removal on receipt of a judicial review challenge. People affected by this policy will need to obtain an injunction to prevent removal taking place, and we will ensure they are told they need to do this. The revised policy aims to deter claims that are designed simply to disrupt the removal process and to ensure that claimants do not benefit in any way by lodging a weak claim.

A record 5,000 foreign lawbreakers removed from the United Kingdom

05 January 2009

More foreign criminals than ever before have been kicked out of the country by the United Kingdom Border Agency in the past 12 months. The UK Border Agency's figures, announced today show it met the tough target set by the government for 2008, exceeding last year's total of 4,200 foreign criminals removed. Those removed by the Agency include 50 killers and attempted killers, over 200 sex offenders and more than 1,500 drug offenders. This underlines the government's continued commitment to remove the most harmful people first. The UK Border Agency now has immigration teams working alongside the Prison Service in prisons to ensure that those that come here and break the rules are removed as quickly as possible. Approximately one in five foreign prisoners are removed directly from prison 180 days before their release date. In order to maintain its high level of removals, the UK Border Agency committed earlier this year to put in place new crime partnerships with police across the United Kingdom. Eighty five per cent of these partnerships are already in place, with immigration officers and the police teaming up to target the 'Mr Bigs' and the facilitators of illegal immigration. Statement from the Border and Immigration Minister Phil Woolas said, 'Britain will not tolerate those that come here and break our rules, which is why we set the UK Border Agency the tough target of removing 5,000 foreign lawbreakers this year. 'By exceeding this target we're showing once again that there's no place in Britain for those that continue to abuse our trust.  'We now consider for deportation all non-EEA foreign nationals who go to prison for serious drug and gun offences no matter how long their sentence.' Among the 5,000 foreign prisoners removed this year were:

• a Portuguese man convicted and sentenced to five years in prison for possession with intent to supply cocaine, heroin and cannabis
• a Pakistani man convicted of sexual assault on underage girls and sentenced to three, nine month sentences to run concurrently
• a Kosovan man convicted of trafficking for sexual exploitation and sentenced to three and half years in prison
• an Indian man sentenced to five years for the attempted kidnap and sexual assault of an underage girl
• a Malawian man given a four year sentence for rape.

The statistics on removal/deportation of foreign national prisoners are based on provisional management information collected by the UK Border Agency. They may be subject to revision and are not part of national statistics. National statistics on total removals and voluntary departures in 2008 will be released on 24 February 2009.

US tightens entry rules for travellers from Europe, Japan

04 June 2008, 09:53 CET

(WASHINGTON) - Travelers from Japan and Western Europe will face tighter restrictions on coming to the United States beginning in January, according to new rules unveiled Tuesday by the US government. Tourists and business travelers from the 27 countries currently listed under the visa waiver program will have to register with the US government three days in advance, the Department of Homeland Security said. The new rules aim to make it more difficult for potential terrorists to enter the United States from places such as France, Germany, Switzerland, Britain, Belgium, Portugal, Spain, Singapore, New Zealand, Japan and Australia, the government said. However, critics have raised concerns about the possibility of reduced tourism and difficulties with last-minute business travel.

"Getting this information in advance enables our frontline personnel to determine whether a visa-free traveler presents a threat, before boarding an aircraft or arriving on our shores," said Homeland Security Secretary Michael Chertoff. "It is a relatively simple and effective way to strengthen our security, and that of international travelers, while helping to preserve an important program for key allies." The government will ask for the same information that travelers currently fill out on the I-94 card which is handed out on the plane and turned in to customs on arrival in the United States, a DHS official told AFP. That includes such information as passport number, country of residence, disclosure of communicable diseases or involvement in terror activities.

Travelers may register with the US government beginning in August, and the information will remain valid for a maximum of two years so it is not necessary to repeat the same process in that time period. Once the regulations become mandatory in January 2009, all US-bound travelers from the countries affected "will need to receive an electronic travel authorization prior to boarding a US-bound airplane or cruise ship," it said. Under the new program, known as the Electronic System for Travel Authorization (ESTA), travelers will have to apply for authorization on the Internet at a US government website, or through their travel agent.

EU Justice Commissioner Jacques Barrot wants to establish whether the system would amount to a de-facto visa, and has asked Chertoff by phone for "more information in detail and for documents so they could be studied," a spokesman said in Brussels. "We have to see what data the Americans are going to ask for, how they plan to manage and use them." The website, https://esta.cbp.dhs.gov/, will accept applications beginning August 1 and "will employ technology to prevent unauthorized access to the information entered and viewed." "Access to such information is limited to those with a professional need to know," the DHS said on its website.

If a traveler is denied ESTA authorization, the alternative is to apply for a nonimmigrant visa at a US embassy or consulate, and accommodations will be made for last-minute and emergency travel, DHS said. ESTA was called for under the "implementing recommendations" of the 9/11 Commission Act in 2007, DHS said, which resulted from an internal probe of the circumstances surrounding the September 11, 2001 attacks on the United States.

The ESTA rules do not affect US travelers heading overseas. Asked if the United States would oppose a reciprocal policy imposed on American citizens traveling to Europe, State Department Sean McCormack said Washington would have no objections. "The European Commission has discussed publicly creating its own electronic travel authorization system and we would not oppose the creation of such a system," he said.

The visa waiver program was created in 1986 "with the objective of eliminating unnecessary barriers to travel, stimulating the tourism industry," according to the State Department website. The Travel Industry Association told AFP that the new program "is good for travelers," but noted "the travel community believes a significant and expansive communications effort is needed to fully explain this new system to our friends" in affected countries.

======================

From Monday, January 12, millions of visitors travelling to the United States need to provide personal details online before departure. The new Electronic System for Travel Authorization (ESTA) applies to people travelling to the United States for leisure or business trips of less than 90 days on the Visa Waiver Program. Travellers are urged to apply online on the US Department of Homeland Security website as soon as they start planning their journey and 72 hours before their flight at the latest. Visitors need to supply details such as biological data, their flight number, destination address and the answers to a list of security related questions. The new online system replaces the old green forms that passengers used to complete during their flights. More than 15 million travellers from Great Britain and Western Europe enter the US on the Visa Waiver scheme every year. An ESTA is valid for multiple entries for up to two years or until the applicant’s passport expires, whichever comes first. If approval is denied, the passenger will need to apply for a visa. There is currently no charge for an ESTA application via the US government website.

=======================

New US entry rules for travellers start today

January 12, 2009

Starting today, travellers from 35 countries, including Australia, must request authorisation online to enter the United States, the US Department of Homeland Security (DHS) said on Friday. The Electronic System for Travel Authorisation (ESTA) has been applicable since August last year, but will become compulsory from January 12 for applicable European countries, Japan, South Korea, Brunei, Singapore, Australia and New Zealand.

These countries are currently exempt from visa requirements to enter the United States for short visits under the Visa Waiver Program (VWP). The new program will keep travel to the United States "visa free" for travellers from VWP countries, the DHS said. Instead of travellers filling out paper I-94 visa waiver cards en route to the United States, the new measure requires online registration.

It is a "free service, the approval comes back very quickly ... it is almost immediate," said DHS spokeswoman Kathleen Kraninger. Once approved, the waiver is valid for years, she added. Travellers who fail to fill out the online form "might be delayed at the border", Kraninger said. The new measure is among the recommendations of the 9/11 Commission, which sought to promote laws tightening border security in the wake of the September 11, 2001 attacks.

The DHS recommends that applications be submitted as soon as an applicant begins making travel plans. Upon authorisation, travellers can enter the United States for 90 days for business or pleasure. Instructions on how to obtain travel authorisation are available on the website in 22 languages, including English, Danish, Dutch, Finnish, French, German, Icelandic, Italian, Japanese, Norwegian, Portuguese, Slovene, Spanish and Swedish.

Land earmarked for the construction of Heathrow's third runway has been bought by anti-expansion protesters. Land the size of a football pitch near Sipson village - which would lose hundreds of homes in the expansion - was bought by a Greenpeace coalition. They have pledged not to sell the land to the government or BAA if the airport expansion gets the go-ahead. Greenpeace director John Sauven said: "We've thrown a massive spanner in the engine driving Heathrow expansion." The campaigners - including actress Emma Thompson, Tory front bench spokeswoman Justine Greening, Lib Dem MP Susan Kramer and impressionist Alistair McGowan - bought the land for an undisclosed fee. They say plans to increase flights at the airport from 480,000 to 720,000 would create unacceptable noise and pollution. But the airport industry, business and union leaders say Heathrow's expansion is vital for the British economy's long-term competiveness. Supporters also say work on the runway could create up to 65,000 jobs. The government is due to rule on the plans this week. Ms Thompson said: "I don't understand how any government remotely serious about committing to reversing climate change can even consider these ridiculous plans. "It's laughably hypocritical. That's why we've bought a plot on the runway. "We'll stop this from happening even if we have to move in and plant vegetables." Protesters have written the words "our climate - our land" on the plot. Mr Sauven said: "The legal owners of the site will block the runway at every stage through the planning process and in the courts."

On 19 December 2008 the UKBA made a further announcement regarding the Student Tier 4 of the points system to be introduced in March 2009. Under the new points based system educational institutions will have to be licensed to sponsor students. UKBA in their announcement said that they have already begun issuing licences for sponsors under tier 4 and would encourage all potential sponsors who have not yet applied for their licence to do so as soon as possible. The sponsorship management system for tier 4 sponsors from Autumn 2009 will allow institutions to manage their migrants and issue confirmation of acceptance of studies online.

Universities and colleges sign up to new system for foreign students

05 January 2009

News release of 22 December 2008

More than 520 universities and colleges have applied to join the new sponsorship register which will allow them to bring foreign students into Britain to study. By registering as licensed sponsors they are pledging to take responsibility for any foreign student they bring here under Tier 4 of the points-based system, which is due to roll out over the next 12 months. Under the system all colleges and universities that want to recruit foreign students will need a licence to do so and will have to take greater responsibility for the international students they bring here. This will weed out those bogus colleges who abuse the system. The system will also ensure that foreign students wanting to take advantage of Britain's world class universities and colleges play by the rules. Under the new system international students will have to be sponsored by a UK Border Agency licensed education institution, prove that they have the means to support themselves and their families, and supply their fingerprints. The tough new student route means Britain can continue to recruit good students from outside Europe while cracking down on those who seek to abuse the system. For the first time education providers face a ban on bringing over international students if they fail to follow strict new rules, including alerting the UK Border Agency if students fail to enrol. Border and Immigration Minister Phil Woolas said: "Everyone who comes here must play by the rules and that includes foreign students wanting to take advantage of our world class universities and colleges. "That is why I am delighted that so many colleges and universities have signed up to the new student tier of the points system which will ensure we will know exactly who is coming here to study and crack down on bogus colleges."

First identity cards issued to foreign nationals in Sheffield, UK

Home Office, UK

18 December 2008

For the first time, foreign nationals in Sheffield can enrol for identity cards containing their facial image and fingerprints, the Home Secretary announced during a visit to the city today. ID cards will securely lock foreign nationals to one identity and help businesses crack down on illegal working. Biometric enrolment for the cards - which involves individuals having their digital photograph and fingerprints recorded - will take place at the UK Border Agency?s Vulcan House building. The Home Secretary opened the building today and met some of the 1,900 staff working there. The Home Secretary also met staff working on the new Australian-style points system for migrant workers - which also operates from the new building. The points system is the UK's tough new measure for managing migration to the UK.

Home Secretary Jacqui Smith said:

"What I have seen today demonstrates that we are successfully delivering two of our most important changes to the immigration system ? ID cards for foreign nationals and the points system. "ID cards will give employers a secure way of checking a migrant?s right to work and study in the UK and help people prove they are who they say are. The points system will ensure that only those we need - and no more ? can come here to work. "Staff at Vulcan House are leading the way in implementing what is the biggest shake-up to the immigration system for a generation ? ensuring Britain has one of the fairest systems in the world."

Later in the day the Home Secretary joined South Yorkshire Police to witness first hand the positive impact of neighbourhood policing and the growing involvement of communities in the fight against crime. Visiting Sunnyside Community Centre near Rotherham, the Home Secretary joined a community meeting between the police and local residents who were establishing policing priorities for the area and discussing the introduction of crime mapping. Meetings like these are just one of the ways that the public can tell their local police what they expect from them. South Yorkshire Police will implement the Policing Pledge by the end of the year. This will give local people a stronger voice in setting local police priorities and the means to challenge their local force if they are not getting they service they expect. For the first time the national Policing Pledge gives the public a clear minimum standard of service, including:

• in addition to emergency calls, that the police would be with them within an hour in response to calls about agreed neighbourhood priorities where police attendance is required;

• the right to meet with their local team and others in the community to agree priorities and action to tackle them at least once a month and an entitlement to crime mapping;

• information on specific crimes and information about what happened to those brought to justice in their neighbourhood; and

• that neighbourhood policing teams will spend at least 80 per cent of their time visibly working on behalf of the public in their neighbourhood.

Home Secretary Jacqui Smith said:

"The public are our strongest weapon in tackling crime and I passionately believe that empowering them to get a good deal through the Policing Pledge will play a powerful role in driving up the quality of policing for our citizens and in our communities.

"I'm pleased that South Yorkshire Police Force have been working towards delivering the Policing Pledge for their public by the end of the year. For the first time, the public will know the minimum standard of service they should receive and I look forward to all forces making the same, visible commitment to their local communities."

New immigration rules came into force on 27 November 2008

New immigration rules came into force on 27 November 2008. They raise from 18 to 21 the minimum age at which a person may sponsor, or may be granted, entry clearance (including visas) or limited leave as the spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner of another person. This reform is aimed at tackling the problem of forced marriage. We believe it to be important to protect young people from being forced into relationships they do not want at a time in their lives when they could be establishing a degree of independence as an adult through further education or through work. We believe that raising the age will provide an opportunity for individuals to develop maturity and life skills and to complete their education. It may also allow them to resist the pressure of being forced into a marriage. It will delay sponsorship for marriage until the age of 21 and allow vulnerable young people an opportunity to seek help and advice. As a limited concession, the change in minimum age to 21 will apply only to cases where the UK-based sponsor is present and settled in the UK, or is being admitted for settlement on the same occasion as the applicant. The minimum age of 18 will continue to apply to sponsors and their partners in those cases where the stay of a sponsor is subject to a time-limit (for example, students, work permit holders).

Home Office let 600,000 illegal migrants stay in UK

London, Sunday 7th September, 2008. More than 600,000 ILLEGAL immigrants are to be allowed to STAY in Britain, thanks to a secret government amnesty.  The News of the World can reveal that Home Office officials will ABANDON any efforts to track them down or kick them out of the country. Instead the huge number, equivalent to a city the size of Sheffield, will be allowed to settle here and work legally. The controversial decision has been taken because just 60 Immigration Service officials are reviewing a massive backlog of 660,000 applications for asylum. Around 60,000 are believed have already been deported, decided to leave, have died—or are awaiting deportation. But, with some applications dating back a decade, ministers have decided it is easier to let the rest stay. Those who can be contacted will be sent a letter saying they will not be removed—but they will be told that if they leave Britain they cannot come back. Many of the illegals have started families and found work in the black economy—and now the government is hoping they will move into legal jobs and start paying taxes. Ministers deny that the “legacy case review” is an amnesty. One said: “If they leave the country they won’t be allowed back in. “However, many are now so well embedded in the community it would be a long, drawn-out process to get rid of them.” But the decision is likely to encourage hundreds of thousands more migrants to travel to Britain, knowing they are unlikely to be removed . Sir Andrew Green, Chairman of Migration Watch UK, said: “More immigrants settling in Britain is the last thing we need. “Our population is already increasing by a third of a million every year, mainly due to immigration. We will have to build the equivalent of the city of Birmingham every three years just to cope.”  - News of the World, London.

==============  NCADC News Service ==============
  Refused asylum in the UK - other routes to safety - Canada
 

Please note this is an update disregard any previous bulletins. NCADC cannot/will not respond to queries about 'Other routes' especially Canada, all the relevant information is on the sites below

   If you are in the process of seeking asylum or been refused asylum in the UK, you will not be able to apply for asylum in another member country of the European Union.

However, if your asylum claim has been refused and the Home Office do not intend to remove you by force or cannot obtain travel documents to facilitate your removal, continuing to live in the UK with out the right to work or access to the normal benefits UK citizens are entitled to, life for you in the UK will be very harsh.

Likewise you may have made a claim years ago but Home Office has failed to make a final decision.
 
You may wish to find another country that will accept you as an economic migrant or refugee. Many refugees in the UK with out status are highly skilled.

Refugee/Economic Admission Programmes
 Many countries have 'Refugee' or 'Economic' programmes, which allow refugees or people seeking work to apply for entry into their country from another country, which is not the country of residence of the applicant.

Notably Canada, who have various schemes to facilitate entry for refugees and economic migrants.

Groups and individuals in Canada can sponsor refugees from abroad who qualify to come to Canada. They can also sponsor people seeking work. Settled refugees in Canada can sponsor family members outside Canada to join them.

If you are removed from the UK back to: Colombia - Sierra Leone  - DR Congo - Sudan - El Salvador  - Guatemala, you may be able to apply to enter Canada direct as a refugee.

If you are removed from the UK back to any other countries if you can find a sponsor/s in Canada, you may be able to migrate to Canada.
  (NCADC know of many refugees who fled their countries of origin and were/are trying to get to Canada, through the UK, to join relatives. They have been captured by UK immigration and quite often jailed. Many of these refugees are still in the UK. If they can contact their relatives in Canada, and their families in Canada have residence status there, the families will be able to sponsor them to join them.)        

++++++++++++++++++++++++++++++++++
 

Citizenship and Immigration Canada (CIC) http://www.cic.gc.ca/english/refugees/index.asp
  Refugees

Refugees and people needing protection are those in or outside Canada who fear returning to their home country. In keeping with its humanitarian tradition and international obligations, Canada provides protection to thousands of people every year.

Canada offers refugee protection to people in Canada who fear persecution or who may be at risk of torture or cruel and unusual treatment or punishment, and are unwilling or unable to return to their home country.

Groups and individuals can sponsor refugees from abroad who qualify to come to Canada.

  Convention Refugees Abroad Class http://www.cic.gc.ca/english/refugees/outside/convention.asp You are a Convention Refugee if you are outside your home country, or the country where you normally live, and can't return to that country because of a well-founded fear of persecution based on:

    * race
    * religion
    * political opinion
    * nationality or
    * membership in a particular social group, such as women or people with a different sexual orientation.

Referrals from UNHCR and other organizations

Canada relies on the United Nations High Commissioner for Refugees (UNHCR), other referral organizations and private sponsorship groups to identify and refer Convention Refugees Abroad to be resettled in Canada.

The UNHCR identifies refugees to be resettled in Canada when there is no other solution or no effective protection available to them.
A Canadian visa officer then decides whether the person identified meets the requirements of Canada's Refugee and Humanitarian Resettlement Program, and if the person will be admitted to Canada.
 

Country of Asylum Class http://www.cic.gc.ca/english/refugees/outside/asylum.asp

The Country of Asylum Class is for people in refugee-like situations, who do not qualify as Convention refugees.
You are in the Country of Asylum Class if you:

    * are outside your home country or the country where you normally live
    * have been, and continue to be, seriously and personally affected by civil war or armed conflict, or have suffered massive violations of human rights
    * cannot find an adequate solution to your situation within a reasonable period of time and
    * will be privately sponsored or have the funds required to support yourself and your dependants.

Referrals from UNHCR and other organizations

Canada relies mainly on private sponsorship groups to identify and refer refugees who meet the criteria of the Country of Asylum Class.

A Canadian visa officer then decides whether a person meets the requirements of Canada's Refugee and Humanitarian Resettlement Program, and if the person will be admitted to Canada.
 

Source country class
http://www.cic.gc.ca/english/refugees/outside/source.asp If you live in one of the following countries, you can apply directly for resettlement to Canada. Contact the Canadian visa office serving your region. The name of your office links to its contact information.
 

Country -    Canadian Visa Office Colombia         -     Bogota, Colombia Sierra Leone  - Accra, Ghana DR Congo         -     Nairobi, Kenya Sudan    -      Cairo, Egypt El Salvador  -    Guatemala City, Guatemala Guatemala        -      Guatemala City, Guatemala
You are in the Source Country Class if you:

    * live in a country that has been named a source country of refugees
    * live in your home country
    * have been, and continue to be, seriously and personally affected by civil war or armed conflict
    * have lost the right of freedom of expression, the right of dissent or the right to engage in trade union activity, and have been detained or imprisoned as a result
    * fear persecution because of race, religion, nationality, membership in a particular social group or political opinion
    * cannot find an adequate solution to the situation within a reasonable period of time and
    * will be assisted by the Government of Canada, be privately sponsored or have the funds needed to support yourself and your dependants after you arrive in Canada.

Referrals

Private sponsorship groups identify and refer refugees from source countries designated by Citizenship and Immigration Canada (CIC). In unusual cases, people can apply directly for resettlement in Canada through the Source Country Class.

A Canadian visa officer then decides whether a person meets the requirements of Canada's Refugee and Humanitarian Resettlement Program, and if the person will be admitted to Canada.
 

Women at Risk Program
http://www.cic.gc.ca/EnGLIsh/resources/publications/ref-sponsor/section-3-02.asp
The Women at Risk (AWR) program is for women without the normal protection of a family unit who find themselves in precarious situations where the local authorities cannot ensure their safety. This includes women who are experiencing significant difficulties, such as harassment by local authorities or members of their own communities.

Some women may need immediate protection while others are in permanently unstable circumstances that allow for no other remedy. The persecution or harassment they are experiencing may be solely gender-based. While applicants must qualify as Convention Refugees Abroad or members of the Country of Asylum or Source Country classes, they may not fully meet the requirement to demonstrate an ability to establish themselves in Canada in the short or medium term.

AWR cases are considered to be either in "urgent need of protection" or "vulnerable" and are exempt from the regulatory requirement to establish successfully.

In most cases, women eligible under the Women at Risk program will require a Joint Assistance Sponsorship as outlined above. There may be situations, however, where the person is eligible under the program but does not qualify for a JAS.
 

Refugees: Sponsoring refugees http://www.cic.gc.ca/english/refugees/sponsor/index.asp

Each year, millions of people around the world are forced to flee their homelands to escape persecution, war or severe human rights abuses. Often these people are never able to return home.
  Groups and individuals can sponsor refugees from abroad who qualify to come to Canada.

Sponsors are responsible for providing financial settlement assistance (except for Joint Assistance Sponsorship cases) for refugees once they arrive in Canada. Sponsors must also provide emotional and significant settlement assistance for the duration of the sponsorship period.

Most sponsorships last for one year, but some refugees may be eligible to receive assistance from their sponsors for a longer period of time.

Learn about:

    * Private Sponsorship of Refugees Program
    * Joint Assistance Sponsorship

Sponsors in Quebec
  Quebec has its own process for sponsoring refugees. Sponsors who live in the province of Quebec should contact the Quebec ministry that handles immigration. You can find a link to its website in the Related Links section at the bottom of this page. End of

Bulletin:
 

Source for this Message: Citizenship and Immigration Canada (CIC)

Tough UK immigration rules from 28th April, 2008 where applying for extension of stay in the United Kingdom you have to be fingerprinted. All applications to Home Office including Legacy applications will be made in person at the Home Office so that fingerprints (Bio Data) can be taken. The two-year marriage concession was revoked on 21st April, 2008. (see below).

UK Home Offices Changes to application process affecting

application forms for students and marriages

28 April 2008

From 28 April 2008, people applying for an extension of stay in the United Kingdom using application forms for students FLR(S) and marriages FLR(M) will also need to complete the new section (7) of the application form which covers biometric immigration documents. Biometric immigration document is the legal term for identity cards for foreign nationals.

Details of those who need to apply for a biometric immigration document and information on the application process can be found in the studying in the UK and the UK residency sections of this website.

Can I extend my stay in the United Kingdom to study?

This page explains if you are able to extend your stay in the United Kingdom to study.

Student

If you are a student who already has leave to study here, you can apply to extend your stay if:

• you last entered the United Kingdom with a valid student or prospective student entry clearance;
  • to re-sit an examination;
    • as a student union sabbatical officer;
    • as a work permit holder;
    • under the science and engineering graduates scheme or as it is now known the international graduates scheme;
    • under the fresh talent: working in Scotland scheme; or
  • you have valid leave as a student.
  •  

If you attend a succession of short courses below degree level the maximum overall permitted period of stay for a student is two years. A short course is a course of less than 1 year duration or longer courses broken off before completion.

To apply for an extension to stay in the United Kingdom to study you will need to apply using the FLR(S) application form. You can download this form and the guidance from the right hand side of this page. You should read the guidance notes before completing the application form.

Biometric immigration document

From 28 April 2008, people applying for an extension of stay in the United Kingdom using application form FLR(S) will also need to complete the new section (7) of the application form which covers biometric immigration documents. Biometric immigration document is the legal term for identity cards for foreign nationals. More information about the introduction of the identity cards in November 2008 can be found in the Managing our borders section.

At present, you will only need to complete section 7 if you are aged 18 or over and will not be including any dependants in your application.

Postal applications

If you are applying by post you will only need to apply for a biometric immigration document if you live at an address within the London postcode area:

• E1 - 18
• EC1 - 4
• N1 - 22
• NW1 - 11
• SE1 - 28
• SW1 - 20
• W1 - 14
• WC1 - 2.

Once your postal application for your extension has been received, we will send you a letter asking you to make an appointment at our public enquiry office in Croydon to have your fingerprints recorded and photograph taken. If you do not book an appointment, we may not accept your application as valid and we will return any fee you have paid. If you book an appointment and fail to attend or refuse to provide your biometrics, your application may be refused.

You will not have to pay an additional fee when you attend the appointment. If your application to extend your stay is successful, you will still receive a vignette (sticker) in your passport, rather than an identity card.

Applications at Croydon public enquiry office

If you are applying in person at our public enquiry office in Croydon, you will also need to apply for a biometric immigration document regardless of your postcode. Your fingerprints will be recorded and photograph taken as part of the application process on the day you attend the public enquiry office.

You will not have to pay an additional fee when you attend the appointment. If your application to extend your stay is successful, you will still receive a vignette (sticker) in your passport, rather than an identity card.

Applications at other public enquiry offices

If you are applying in person at another public enquiry office, you will not need to apply for a biometric immigration document at the moment. We will update the information on this page when this requirement changes.

Further information

For further details about the biometric immigration document, you should read the FLR(S) guidance notes. These can be downloaded from the right side of this page.

Student visitor

You will not be able to extend your stay in the United Kingdom as a student visitor. There are no provisions in the student visitor rules for extensions to be granted. Leave as a student visitor can only be obtained by applying for a student visitor visa at a British Diplomatic post abroad or by seeking leave from an Immigration Officer of the UK Border Agency on arrival in the United Kingdom.

New immigration rules announced

London, Tuesday 6th May, 2008. Further details of the points system for people from outside the European Economic Area wanting to work in the UK are due to be revealed later. The "highly skilled" workers category already lets most young graduates work in the UK if they have earned a salary equivalent in their country to £40,000. The Home Office is now setting out the rules for "skilled" workers - who will need required points and a job offer. Employers will also have to show they sought to recruit in the UK first. Points for skilled workers will be awarded according to qualifications and salary prospects. Ministers say the rules would have cut skilled migrants last year from outside the EEA (the EU plus Norway, Iceland and Liechtenstein) by 12%. The Home Office says that in the 12 months to last September, 65,000 skilled workers from outside the EEA were allowed in, but that under the new rules there would have been almost 8,000 fewer. Details will also be revealed later about how many points entertainers and sportsmen and women will need to come to the UK on short-term contracts. The Home Office has said such workers attending one-off events, such as the Edinburgh International Festival, will not require points, but will need a visitors' visa. The new immigration points system, which is based on education, previous salary and age, was announced two years ago. The Home Office says the aim of the system, being phased in this year, is to ensure that only those with the skills most in need gain entry to the UK. The more skills a worker has, and the more those skills are in demand, the more points they will gain, increasing the likelihood of entry. The first stage of the new points-based system, which applies to highly-skilled workers came into force in February. The second set of requirements, details of which will be announced today, focuses on skilled workers filling gaps in the labour market. An independent committee will advise ministers on which skills the economy needs. Other stages covering temporary workers, young people and students will be introduced later. The Home Office says that there is no need for any unskilled workers from outside the European Economic Area.

Revised ID cards plans unveiled in UK

London, Thursday 6th March, 2008. Home Secretary Jacqui Smith is setting out a revised timetable for the roll-out of identity cards in the UK. Non-EU migrants will have to get cards from later this year, airport baggage handlers from 2009 and - from 2010 - students will be offered ID cards. She also suggests the wider population may not have to get ID cards at all and could opt to use biometric passports to prove who they are instead. Both the Conservatives and Liberal Democrats are opposed to ID cards. Ms Smith, in a speech later, will say that the first Britons to get the ID cards will be those working airside in Britain's airports, such as baggage handlers and cabin crew. She will also announce a rollout to students - with the thinking being that they will be the most willing to accept them as they could help students do things such as open bank accounts.

Ms Smith also said, ahead of the speech, that from 2011 - later than planned - people would have to give their biometric details when renewing their passports. The plan had been that everyone getting a passport would have to get an identity card from 2010, but Ms Smith says that people will instead have the choice to use the biometric passport as their identity document instead. The government's plans for ID cards, linking personal data to a fingerprint, have been plagued by technical delays, budget overspend and political controversy. The government claims identity cards will boost security, tackle identity fraud and prevent illegal immigration. Critics oppose the cards on cost, effectiveness and civil liberty grounds. Government sources have suggested that the next groups to be offered ID cards will be those working in sensitive roles or locations. It is thought these could include people not just with security related jobs, but also those involved in caring for children. But some security experts stress that those convicted of terrorism in recent years were never involved with identity fraud.  Prime Minister Gordon Brown hinted earlier this year that the scheme may not be compulsory for UK nationals but suggestions of a U-turn were denied. Former Home Secretary David Blunkett, who introduced the initial identity card scheme, has previously said it would not work unless everyone had to have a card. Shadow home secretary David Davis said: "The government may have removed the highly visible element but they have still left the dangerous core of this project. "The National Identity Register, which will contain dozens of personal details of every adult in this country in one place, will be a severe threat to our security and a real target for criminals, hackers and terrorists. "This is before you take the government's legendary inability to handle people's data securely into account."

Q&A: Identity card plans

Jacqui Smith is about to unveil changes to the timetable for the introduction of ID cards in the UK. Here is an explanation of the government's existing plans.

What are the ID card plans?

Everyone over the age of 16 applying for a passport will have their details - including fingerprints, eye or facial scans - added to a National Identity register from 2008. The first identity cards will be issued to foreign nationals coming to work in the UK in 2008, and from 2010 the Identity and Passport Service will issue "significant volumes" of ID cards alongside British passports. For two years people will be able to opt out of having an ID card - but from 2010 anyone renewing or getting a passport will have to get one.

Will it be compulsory to have an ID card?

From 2010, all passport applicants will be issued with ID cards. If Labour wins the next election it has said it will bring forward legislation for MPs to vote on to make them compulsory for all UK citizens over the age of 16, although Prime Minister Gordon Brown has said such a move also depends on the success of the voluntary scheme. It is not currently planned to make carrying ID cards compulsory.

Why is the UK getting identity cards?

The government says it wants to give people a sure-fire way of proving they are who they say they are. It argues ID cards will boost national security, tackle identity fraud, prevent illegal working and improve border controls. Opponents say ID cards will be an infringement of civil liberties and a waste of money.

What information will be on the cards?

The card will contain basic identification information including a photograph of the card holder, along with their name, address, gender and date of birth. A microchip would also hold biometric information - a person's fingerprints or iris or facial scans, which are unique to the individual.

Are the details stored centrally too?

No. Plans for a single database holding the personal information of all those issued with a card have been scrapped. Instead, information will be held on three existing, separate government databases. The whole scheme will be overseen by a new independent watchdog.

What the cards would store about you

What won't be stored?

The government has sought to allay some fears about ID cards by saying they will not store details about someone's race, religion, sexuality, health, criminal record or political beliefs.

Did everyone in Parliament back the plans?

No. The Conservatives and Liberal Democrats are against the scheme and both say they would scrap it if they win power. The House of Lords also rejected the plans five times, before agreeing on the compromise deal allowing the opt-out from 2008.

What will happen when I apply for a passport?

You will have to go to your local passport office where you will be photographed and fingerprinted. The new Identity and Passport Service will then carry out a "background check" on you to establish that you are who you say you are. Your details will then be entered in a national database and you will be issued with a passport and an ID card. You will probably be able to use your ID card as a passport within the EU.

How much will ID cards cost?

People would have to pay £30 for a stand alone ID card. Ministers say it will cost an estimated £93 to produce a combined passport and identity card. But the fees people will have to pay for those in practice have not yet been set. Cards, which will not be needed for under-16s, could be free for retired people above the age of 75, while those on low incomes could pay reduced rates. However, experts at the London School of Economics believe that the total cost of the ID scheme could be three times the government's estimate.

Will there be a discount for those who opt-out of having an identity card?

No. Charles Clarke, who steered the measure through Parliament when he was home secretary, said the final charges have yet to be worked out but those who opt out of ID cards will have to pay the same for a passport as those who accept one and their details will be entered into the database in the same way.

What about foreign nationals wanting to enter the UK?

From 2008 they will have to apply for "biometric residence permits" or "biometric visas" and their details will be entered into the national identity database. The government also wants all foreign nationals living in the UK to have identity cards and will make anyone applying to extend their stay register biometric details, from 2008.

What are the objections?

Critics say identity cards interfere with civil liberties, are too expensive and will do little to tackle problems like terrorism. There are fears the cards might cause friction among ethnic minority communities particularly affected by police stop and searches. And some are worried the cards would force illegal immigrants into avoiding contact with hospitals and police.

Do other countries have ID cards?

Several countries in the European Union now have some form of ID card, even if they are not compulsory. They have become widely accepted by their citizens. In France, for example, about 90% of the population carries one. But many other countries, like Japan, Australia and New Zealand, have not adopted the idea. Neither has the US, but it does intend to make visitors have cards to cover their visas.

Why did Britain get rid of ID cards after World War II?

During the WWII the ID card was seen as a way of protecting the nation from Nazi spies. But in 1952, Winston Churchill's government scrapped the cards. The feeling was that in peacetime they simply were not needed. In fact they were thought to be hindering the work of the police, because so many people resented being asked to produce a card to prove their identity.

What data will ID cards store?

Fears have been raised by opponents of identity cards about the amount of information which could be stored on the database. Here is the full list of the 49 types of information which the Identity Cards Bill says may be on the register.

Personal information

• full name
• other names by which person is or has been known
• date of birth
• place of birth
• gender
• address of principal place of residence in the United Kingdom
• the address of every other place in the United Kingdom or elsewhere where person has a place of residence.

Identifying information

• a photograph of head and shoulders
• signature
• fingerprints
• other biometric information

Residential status

• nationality
• entitlement to remain in the United Kingdom where that entitlement derives from a grant of leave to enter or remain in the United Kingdom, the terms and conditions of that leave.

Personal reference numbers

• National Identity Registration Number
• the number of any ID card issued
• allocated national insurance number
• the number of any relevant immigration document
• the number of their United Kingdom passport
• the number of any passport issued to the individual by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation
• the number of any document that can be used by them (in some or all circumstances) instead of a passport;
• the number of any identity card issued to him/her by the authorities of a country or territory outside the United Kingdom
• any reference number allocated to him/her by the secretary of state in connection with an application made by him for permission to enter or to remain in the United Kingdom
• the number of any work permit relating to him/her;
• any driver number given to him/her by a driving licence;
• the number of any designated document which is held by him/her and is a document the number of which does not fall within any of the preceding sub-paragraphs
• the date of expiry or period of validity of a document the number of which is recorded by virtue of this paragraph.

Record history

• information falling within the preceding paragraphs that has previously been recorded about him/her in the Register
• particulars of changes affecting that information and of changes made to his/her entry in the Register
• date of death.

Registration and ID card history

• the date of every application for registration made by him/her
• the date of every application by him/her for a modification of the contents of his entry
• the date of every application by him/her confirming the contents of his entry (with or without changes)
• the reason for any omission from the information recorded in his/her entry
• particulars (in addition to its number) of every ID card issued to him/her
• whether each such card is in force and, if not, why not
• particulars of every person who has countersigned an application by him/her for an ID card or a designated document, so far as those particulars were included on the application
• particulars of every notification given about lost, stolen and damaged ID cards
• particulars of every requirement by the secretary of state for the individual to surrender an ID card issued to him.
•  

Validation information

• the information provided in connection with every application to be entered in the Register, for a modification of the contents of his entry or for the issue of an ID card
• the information provided in connection with every application confirming entry in the Register (with or without changes)
• particulars of the steps taken, in connection with an application mentioned in paragraph (a) or (b) or otherwise, for identifying the applicant or for verifying the information provided in connection with the application
• particulars of any other steps taken or information obtained for ensuring that there is a complete, up-to-date and accurate entry about that individual in the Register
• particulars of every notification given by that individual for changing details in the register.
•  

Security information

• a personal identification number to be used for facilitating the making of applications for information recorded in his/her entry, and for facilitating the provision of the information;
• a password or other code to be used for that purpose or particulars of a method of generating such a password or code
• questions and answers to be used for identifying a person seeking to make such an application or to apply for or to make a modification of that entry.
•  

Records of provision of information

• particulars of every occasion on which information contained in the individual's entry has been provided to a person
• particulars of every person to whom such information has been provided on such an occasion
• other particulars, in relation to each such occasion, of the provision of the information.

Gordon Brown has not changed his mind on identity cards despite speculation he is preparing for a U-turn, a home office minister has told the BBC. Meg Hillier said the PM had "made it very clear" he supported the scheme. Tory leader David Cameron has written to Mr Brown asking for clarification after a Commons clash over whether he wants them to be compulsory or not. Lib Dem leader Nick Clegg said he believed there had been a "significant shift" in the government's position. The row was ignited by an interview Mr Brown gave to a Sunday newspaper in which he said: "Under our proposals there is no compulsion for existing British citizens".

London, Saturday 1st March, 2008. Employers who knowingly hire illegal immigrants could be jailed for two years under new measures coming into force today. Unscrupulous bosses could also be hit with an unlimited fine, as part of changes which the Home Office claim amounts to the biggest immigration shake-up in a generation. Firms which are negligent about checking whether their employees have the right to work in Britain could also be hit with a £10,000 on-the-spot fine for every illegal they hire. The first stage of the Government's much-trumpeted points-based system also comes into force today. The initial tier to be implemented will apply only to highly-skilled workers who want to take jobs in the UK, and other elite workers already in the country who want to extend their visas. Home Secretary Jacqui Smith said: "The introduction of our Australian-style points system will ensure that only those with skills the country needs can come to work and study." Ministers also revealed that businesses which want to sponsor and employ migrants must be licensed by the Border and Immigration Agency. A licence will be required from the autumn.

London, Saturday 1st March, 2008. The first tier of the five-tier scheme, which is similar to the one used in Australia, applies only to highly skilled workers who want to work in the UK and it will be the first to be implemented. Tier 2, which covers skilled workers with a job offer and Tier 5, covering temporary workers such as musicians, actors and sportsmen will both come into effect in the third quarter of 2008, while Tier 4, which covers students, will come into effect at the beginning of next year. Tier 3, which covers low skilled routes, will only be used if specific shortages are identified that cannot be filled from the UK or European work force. The scheme will effectively prevent low skilled workers from outside the European Union from coming to the UK. A licensing scheme for employers who want to recruit workers from overseas will also come into effect from the autumn.  Employers who recruit illegal workers will also now face fines of up to £10,000 for each illegal employee, while those who are found to have knowingly hired illegal workers could face an unlimited fine and a prison sentence. Home Secretary Jacqui Smith said: "The introduction of our Australian-style points system will ensure that only those with skills the country needs can come. "Migrants benefit this country economically, contributing an estimated £6 billion to our national output, as well as socially and culturally and it is right that we have a system which is fair but firm, accessible but controlled. "Today's proposals are part of the biggest changes to British immigration policy in a generation which include a new deal for those migrants seeking citizenship here, a new UK Border Agency to strengthen controls at the border and the introduction of ID cards for foreign nationals." Conservatives have called for an annual limit to be introduced on immigration.

London, Saturday 1st March, 2008. A new points system that will monitor non-Europeans entering and working in the United Kingdom takes effect on Friday.   Copied from Australia, the system includes tougher penalties for persons who employ illegal immigrants. Under the new regime employers who knowingly hire illegal immigrants could be jailed for up to two years. The strategy is part of Britain's plans to overhaul immigration policies and tighten border control. Non-European applicants will be divided into five categories. The first tier, affecting highly skilled workers, is being rolled out now. As of Friday, foreigners in this category already living in Britain will also be assessed using the new system when applying to extend their stay. By the end of the summer all applications from highly skilled people including entrepreneurs and scientists will be determined under the new rules.  The other four categories are: skilled people with a job offer, the low-skilled, students, and temporary workers. The rules affecting the skilled workers and temporary workers are expected to be implemented shortly, while those applying to students will come into force next year. Only last week at a debate in the House of Commons, several Caribbean nationals and British politicians called on the Commonwealth Secretariat to make their voices heard on the British policy changes.

Deputy Secretary General of the Commonwealth Secretariat Rainsford Smith said there is nothing the secretariat could do about British immigration proposals and policies which are expected to have a negative impact on the Caribbean. Speaking in a debate on Europe and the Future of the Commonwealth, at the British House of Commons on Tuesday, Mr. Smith noted that the Commonwealth Secretariat's basic role is to carry out the mandate of Commonwealth countries. Caribbean nationals attending the forum hosted by Facilitators for a Better Jamaica argued that Britain, through the proposed immigration changes, was reflecting a gradual shift from the Commonwealth countries. This they said would have devastating social, political and economic effect. They called on the Deputy Secretary General to lobby at the highest level to ensure their concerns are addressed. However, President of the Liberal Democrats, Simon Hughes has called for Commonwealth leaders to make their voices heard. He said Britain was changing as a result of pressure from other European counties and if Commonwealth leaders fail to speak up for their people, the changes would be implemented with devastating effects.  The possible immigration changes and proposals include a reduction from six to three months on visitor's visa, a ₤1,000 security deposit for visitors and a ₤20 levy on landing in Britain for Non-Europeans. The changes also stipulate an extension of the time to get citizenship from five to six years; a new points-based system for migrants, as well as the possibility of non-European migrants being denied social benefits if they do not obtain British Citizenship.

CONGOO - UK Immigration Updates

Immigrant taxi drivers are set to have criminal convictions from their home country checked for the first time. The new rules for cabbies in Wycombe are essential to protect the public, councillors asked to approve the new scheme are told. Drivers will have to provide a Certificate of Good Conduct' from their country of origin as part of a new policy on district cabs. This certificate - recommended by the Department for Transport - is authenticated by the driver's embassy. A report to Wycombe District Council members, set to give the final say on the plan, states: "Although Criminal Records Bureau checks are carried out on all applicants, these checks can only verify convictions or cautions passed within the United Kingdom. "So there is no knowledge of any possible criminal history from elsewhere." It was therefore "essential in the interests of public safety that thorough checks are carried out". This was all the more important given the "vulnerable" status of some passengers such as children, the disabled and the elderly. The council's regulatory and appeal committee will be asked to approve the policy on March 3. The council is also taking moves to remove its limit of 50 taxis that can be hailed in the street. Once sufficient taxi rank space is found, the plan will go ahead.

UK records lowest asylum applications in 14 Years

By Raza Mumtaz 'Pakistan Times' Executive Editor/UK Bureau Chief

LONDON (UK): The United Kingdom has registered lowest level of asylum application for 14 years in 2007, according to statistics released by the Home Office. In 2007 there were 23,430 principal asylum applications lodged, this represents the lowest number of annual applications since 1993. It also means that principal applications are now a quarter of the level they were at in 2002. The figures show that between October and December 2007, there were 6,910 principal asylum applications. Last year 12,525 failed asylum seekers, excluding dependents, were removed from the United Kingdom. Overall the Border and Immigration Agency (BIA) removed 63,140 people from the UK, one person deported every eight minutes. The BIA not only increased the number of decisions made in 2007, 21,660 compared to 20,930 in 2006, but also made those decisions quicker than ever before. By the end of last year the BIA was beating its target to have 40 per cent of new asylum cases concluded within six months, and the Agency is on track to conclude 60 per cent in under six months by the end of 2008. In addition, the Government has committed to expanding the detention estate by the end of the year to increase the number of people who can be removed from the UK. Border and Immigration Minister, Liam Byrne, welcomed the fall in the number of asylum seekers and said this was due to stronger border controls that have been put in place.

Good character requirement

This page provides details about the good character requirement that must be met by anyone applying for British nationality unless:

• they are under 10 years old when making the application; or
• are stateless and are applying on application form S1, S2 or S3; or
• they are a British overseas citizen, a British subject or a British protected person and are applying on application form B(OS).
•  

We consider you to be of good character if you show respect for the rights and freedom of the United Kingdom, have observed its laws and fulfilled your duties and obligations as a resident. We will check with the police and may contact other government departments as part of our character check. By signing the application form you are giving your consent for us to contact these organisations to obtain information about you.

Changes to good character policy

On 5 December 2007 the Home Secretary announced changes to the way that an applicant's good character will be assessed for the purposes of naturalisation and registration as a British citizen. The changes took effect as from 1 January 2008. This page has been updated to include the changes. Applications made on and after that date will normally be refused if the applicant has been convicted of a criminal offence and the conviction has not yet become 'spent' in accordance with the provisions of the Rehabilitation of Offenders Act 1974. Application forms and guides will be updated in due course.

Your financial background

We will check that you pay income tax and National Insurance contributions. We may ask HM Revenue & Customs for confirmation of this. If you do not pay income tax through Pay As You Earn (PAYE) you should send a Self Assessment Statement of Account with your application. If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.

Your criminal record

We will carry out criminal record checks on all applications from people aged 10 and over. You must also provide details of all civil proceedings which have resulted in a court order being made against you. You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below. If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.

What is an unspent conviction?

If you have been convicted of a criminal offence you must declare your unspent convictions but do not need to declare ones that are spent. A conviction becomes spent after a certain period of time has passed (we call this the rehabilitation period). The length of time it takes for a conviction to become spent will depend on your sentence. It starts from the date on which you are convicted. The table below provides examples of the spent period of various sentences for someone aged 17 or over. The period may be shorter if you were aged under 17 at the time of your conviction.

If you have been sentenced to more than 30 months in prison for a single offence, this can never become spent. Your application for citizenship is therefore unlikely to be successful. If you have been convicted of a criminal offence but the rehabilitation period has passed by the time you make your application you do not need to provide details of the conviction on your application form. If you were convicted of a further offence during the rehabilitation period of your original conviction, the rehabilitation period for your original conviction may be extended. If you have been convicted of a criminal offence and the spent period has not passed you must include details of the conviction on your application form. If the conviction is unspent at the time of your application, it is unlikely that your application will be successful.

We may decide to ignore a single conviction for a minor offence if it resulted in a bind over, conditional discharge or small fine, if you are suitable for citizenship in every other way. We will only ignore "regulatory" offences such as speeding. We will not ignore offences involving dishonesty such as theft, violence or sexual offences. We will also not ignore drink-driving offences or convictions for driving while uninsured or disqualified.

Offences for which you may go to court or are awaiting a hearing in court

You must provide details of any offence for which you may go to court for or are awaiting a hearing in court. This includes any offences for which you have been arrested and are waiting to hear if you will be formally charged. If you are living in Scotland you must provide details of any recent civil penalties. If are arrested or charged with an offence after you have made your application you must let us know.

Other things we will consider

You must tell us if you have ever had any involvement in terrorism. If you do not regard something as an act of terrorism but others do or might, you must mention it when making your application. You must also tell us if you have been involved in any crimes in the course of armed conflict including crimes against humanity, war crimes or genocide. Widespread or systematic attacks on civilian human beings committed at any time (not just during armed conflict), as part of a government policy or a wide practice of atrocities tolerated or condoned by a government or self-appointed authority. This includes offences such as murder, torture, rape, and severe deprivation of freedom. Serious breaches of the Geneva Conventions committed during an armed conflict. The Geneva Conventions are international treaties that set humanitarian standards, mainly for the treatment of civilians and prisoners of war. Examples of acts that may constitute a war crime are deliberate killing, torture, extensive destruction of property that is not necessary for military reasons, unlawful deportation, intentionally targeting civilians and taking hostages. Acts committed with the intention of totally or partly destroying a national, ethnic, racial or religious group.

Frequently Asked Questions

• What is the good character requirement?

  CloseThe law requires that a person aged 10 or over who is applying to become a British citizen must normally satisfy the Home Secretary that she or he is 'of good character' before the application can be granted.

• Does this apply to everyone?

  CloseNo. Those aged below 10 when they apply, and certain persons applying on the basis that they are currently stateless or have no other nationality apart from British overseas citizenship or the statuses of British subject or British protected person are not subject to this requirement.

• What does 'of good character' mean?

  Close

  There is no definition of good character in nationality law, but we would normally accept that the requirement is met if:

  - our enquiries with the police and other government departments reveal no cause for concern;

  - there are no unspent convictions;

  - there is no other information to cast doubt on the applicant's character.

• What checks do you make?

  CloseWe make checks with the police in all cases where the good character requirement applies.  Additional checks may be made with other government departments and agencies, depending on the particular circumstances of the applicant.

• What if I have a criminal conviction?

  CloseIf you have a conviction which is not yet spent under the Rehabilitation of Offenders Act 1978, an application for citizenship made now is unlikely to be successful. We would therefore advise you to wait until the end of the rehabilitation period before making an application.

• How will I know when my conviction has become spent?

  CloseInformation about spent periods is contained in a leaflet 'Wiping the Slate Clean' which can be obtained from the Home Office, Direct Communications Unit, 2 Marsham Street, London, SW1P 4DF.

• My conviction will never be spent - can I still apply for citizenship?

   

  CloseYou may apply if you wish, but should bear in mind that an application in these circumstances is unlikely to be successful.

• I have a recent conviction for a minor offence. Should I still wait until the conviction has become spent before I apply for citizenship?

  Close

  We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By 'minor offences' we mean speeding or other 'regulatory' offences. Offences involving dishonesty (for example theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are also not minor offences.

• I applied before the Home Secretary announced these changes. How will they affect my application?

   

  CloseThe new policy applies to all applications made after 1 January 2008. If your application was received in the Home Office before that date, we will apply the previous policy as set out in the guide that accompanied your application form.

• When I got an application form and guide from the Home Office it said that I could apply after a clear period - will the old policy apply to me?

  CloseAll applications received after 1 January 2008 will be considered in accordance with the new policy. The information contained in our forms and guides is intended to help you decide whether you are eligible for citizenship, however, the forms and guides are not a complete statement of the law or policy and the information in them is subject to change.

• What if I am under investigation by the police but have not yet been charged, or have been charged but am still awaiting trial?

Prime Minister launches contract for foreign national seeking British citizenship

Last Updated: 20 February 2008

Radical changes to the way newcomers are able to earn their stay in Britain were proposed by the Government today. The measures being announced follow consultation with people from across the UK and set the stage for a new Bill to implement these proposals.
 The public was clear that people who want to make Britain their home should speak English, pay their way, obey the law and give something back to their community.

The Green Paper: 'The path to citizenship' proposes:

* a three stage route to citizenship, including a new probationary period of citizenship, requiring new migrants to demonstrate their contribution to the UK at every stage or leave the country;

* full access to benefits being delayed until migrants have completed the probationary period;

* migrants having to improve their command of English to pass probation;

* anyone committing an offence resulting in prison being barred from becoming a citizen;

* those committing minor offences being required to spend longer in the new probationary period of citizenship;

* migrants contributing to a new fund for managing the transitional impacts of migration, providing extra financial help to communities experiencing change from migration; and

* migrants getting involved in their communities through volunteering being able to graduate to British citizenship more quickly.

Home Secretary Jacqui Smith said:

"Our new deal for citizenship is clear and fair. The rights and benefits of citizenship will be available to those who can demonstrate a commitment to our shared values and a willingness to contribute to the community.

"This is a country of liberty and tolerance, opportunity and diversity  and these values are reinforced by the expectation that all who live here should learn our language, play by the rules, obey the law and contribute to the community.

"British people have welcomed migrants over the years. Our economy and our communities are stronger for their contribution to British life. And people think it's fair that the benefits of citizenship are matched by responsibilities and contributions to Britain.

"Today's proposals are part of the biggest changes to British immigration policy for a generation. This year will also see the introduction of a new Australian-style Points Based System, which will ensure the UK attracts only people with the skills it needs and the establishment of a new UK Border Agency to help strengthen our border controls helping ensure ours is one of the toughest borders in the world."

These changes to citizenship come against a backdrop of radical changes to the immigration system. In 2008 the Government will deliver a complete overhaul of the way we judge who can come to Britain and the way we police the system.

These changes include the introduction of the new Australian style Points Based System from the end of this month which will provide clearer controls on who can come to the UK, making sure that the country only takes in the brightest and the best; a single border force to guard our ports and airports with new police-like powers, all visa applicants fingerprinted, the introduction of a new system to count people in and out and ID cards which will strengthen the UK border and help keep out those who don't have the right to be in the UK.

These reforms to the immigration system will be backed up with a new single piece of legislation, replacing all existing immigration laws, which will be introduced to Parliament in November this year. This is designed to make immigration law more straightforward and transparent and make the UK's immigration system more effective.

British citizenship tests planned

Immigrants who want to become British and settle permanently in the UK will need to pass more tests to "prove their worth" to the country under new plans.  Some migrants may also have to pay into a fund towards public services and have a period of "probationary citizenship". Prime Minister Gordon Brown said the UK should expect a "demonstration of commitment" and the process of becoming a citizen should be "more exacting". The Tories called the plans, which do not cover EU citizens, a "gimmick". Unveiling the proposals, Home Secretary Jacqui Smith said future migrants would need to "earn" citizenship. This scraps the current system which allows people to apply for naturalisation on the basis of how long they have lived in the UK. Ms Smith said migrants from outside the European Economic Area would be encouraged to "move on" through a system that leads to citizenship - or choose ultimately to leave the country. The package of measures includes:

• Raising visa fees for a special "transitional impact" fund
• More English language testing ahead of nationality
• Requirements to prove integration into communities
• Increasing how long it takes to become British

In a speech to the Institute for Public Policy Research think-tank, Mr Brown said the UK had to be "far more explicit about the ties - indeed the shared values - that make us more than a collection of people but a country". Earned citizenship would include "clear rights but also stronger obligations at each stage". Mr Brown added: "And we will emphasise what binds us - showing that our tolerance and fairness are not to be taken advantage of - without diminishing the diversity of what we hold dear."  Press reports suggest the transitional impact fund would raise £15m a year. The system could see migrants with children or elderly relatives expected to pay higher application fees. Migrants would find their route to citizenship and full access to benefits, such as higher education, accelerated if they can prove they are "active" citizens. This would include charity work, involvement in the local community and letters from referees. At the same time, those who break the law would find the process far harder - or would be barred completely from becoming British. The Home Office said that it would still be possible for someone to be permanently resident as a foreign national in the UK - but it would be preferable for them to seek citizenship because of the benefits it would bring.

'Complicated'

But the Conservatives said the proposals were a "gimmick" and called for an annual limit on immigration instead.  Shadow home secretary David Davis called it "a complicated, expensive, bureaucratic set of mechanisms to deal with the adverse consequences of out of control immigration". "The sensible approach is very simple. Deal with the original cause of the problem. Put a limit on the level of immigration. Bring it down to manageable levels. It is simpler, it is cheaper, and it is better for Britain. "And it will preserve Britain's excellent history of good community relations that is being put at risk by an immigration policy that is both incompetent and irresponsible." Liberal Democrat justice spokesman David Heath welcomed the points-based system, but said proposals were so "vague and so full of holes" that they were "nowhere near" meeting needs. Several Labour backbenchers also criticised the government's plans. Diane Abbott, MP for Hackney North and Stoke Newington, said they would force non-European migrants to pay fees that would benefit European migrants.

'Very concerned'

She said: "How can it be fair for non-white immigrants to have already steep fees ratcheted even higher to pay for issues which relate to the broad immigrant population including immigrants from the EU countries?" Fiona Mactaggart, MP for Slough, said: "One of the reasons we have such excellent race relations in Britain is because migrants to this country relatively quickly achieve permanent residence, unlike other countries in Europe for example, where their status remains insecure and unclear for a long time. "I am very concerned that these proposals might damage our good relations." UK Independence Party leader Nigel Farage said: "They [the government] keep bringing out the same old story and pretending it's new, and every time they ignore the crucial fact that these rules do not apply to 450 million people. "It's about time they were brave enough to have a proper debate on immigration which includes the EU dimension."

A new way to earn UK citizenship

Migration is a journey - and the British government wants to make it a little bit longer and harder to complete. Home Secretary Jacqui Smith has published proposals to overhaul how a migrant becomes a UK citizen. And the big theme is that migrants will need to take extra steps to "earn" citizenship and become fully-paid up members of society. Ministers say that when a migrant steps into the arrivals lounge, that should not be the end of the journey they take to living in Britain. In future, they will need to spend the next six to eight years proving their worth to the UK as part of a personal journey and contract with British society. At present, an immigrant living in the UK can apply for permanent settlement after about five years. But that can often be the end of the process - there is no compulsion to take the final step towards becoming a British citizen. So it's this conveyor belt of belonging that will now change. Under the new system, ministers say migrants - excluding those from the EEA - will pass through three clear stages. At first they will be classed as temporary residents - the status they receive as a worker, relative or recognised refugee. After five years they will be given an entirely new status for a minimum of another 12 months - "probationary citizen". This probationary status will ultimately lead to someone becoming a British citizen or permanent foreign resident - or being told it's time to move on.

On probation

The critical difference between the current situation is around the idea of a probationary period. During this phase migrants will no longer have access to a full range of benefits that are currently available to permanently-settled foreign nationals.The home secretary says probationary citizenship seeks to address national concerns about how well people are integrating into society. In other words, it will no longer be enough for a migrant to prove they are living in the UK - they will have to prove that they are actively taking steps to fit in. So how will they be expected to do this? Migrants will effectively be required to jump through more hoops. They will have to show that not only have they made some effort to learn English - but they are making progress. They will have to obey the law and where possible prove they are "active citizens". On criminality, the equation is simple. Serious crimes will become a bar to achieving citizenship - and may lead to deportation. Minor offences would slow down the process. Active citizenship is more nebulous. Assessors will be looking for proof that someone is more than just a taxpayer - and the more "active" they are in the local community the quicker their journey to citizenship will become. Acceptable activities could include proof of voluntary work, of being involved in local groups or the school parent-teacher association. Migrants will need to find referees to vouch for these good deeds. The scheme's architects think this idea of active citizenship will make the journey from migrant to citizen much more significant because it creates social contract between individuals and their new society. Crucially, ministers believe migrants would meet more British people more quickly and learn more quickly how to integrate.

Question of benefits

But there are some tougher measures still. The government says it recognises that the past few years of record migration and mobility have created pressures on public services. Under the proposals, would-be migrants will pay a levy on their normal visa fees for a national local impacts fund. The Home Office says this could be operational from April 2009 and raise tens of millions of pounds. This has already led to accusations that migrants, who are net contributors to the economy, will become "cash cows" who are being denied reasonable rights. Secondly, there is the issue of withheld benefits. Migrants who are clearly settled but not naturalised currently have access to all main benefits, along with the right to send their children to school and use the NHS. Other than schools, this picture may change dramatically. The new system proposes withholding a dozen key benefits for anyone who has not reached the final stage of citizenship or permanent foreign resident. We don't know at this stage whether or not that will include access to some or all of the NHS. This means all options are open ahead of consultation late this year. Ministers know there is currently enormous concern among some grassroots Labour supporters about the effect of migration, particularly in areas that have seen significant upheaval since the arrival of Eastern European workers - although some angry Labour MPs say these new workers will not be affected by the changes because of EU rules. Nevertheless, there is some anger and a perception that newcomers have become entitled to benefits in society without having first earned their way. These reforms are directly targeted at those fears.

English is 'priority' says Blears

Hazel Blears has said learning English must be "an absolute top priority" for migrants to the UK. The secretary of state for communities also said local authorities should "think carefully" about whether documents needed to be translated. She told the BBC's Andrew Marr Show the ability to speak English was "fundamental" for migrants to the UK. Gordon Brown has previously said people who want British citizenship should be expected to learn the language. Ms Blears said: "If you want to get on, if you want to get a job, if you want to look after your family, the ability to speak the language is fundamental. "We're saying to local authorities in particular - don't go translating all the documents that you used to in the past. "Think very carefully about how you can bring people together." The government announced in January it was to give free English language classes to immigrants to England who have long-term needs.

Picture messages

The tuition will be free for those on benefits, and aimed at long-standing residents whose English is still poor - rather than those who may not stay. The government introduced means-testing for English courses last September, following a surge in demand. Ms Blears also said there may be an alternative method in which messages can be communicated to non-English speakers. She said: "Some local authorities were translating annual reports - probably most English people don't read a local authority's annual report. "If you've got emergency instructions for how to get to the accident and emergency department in the hospital, if you have a terrible accident, then you may well need to translate that. "But the advice is 'think twice' and maybe you can do things in a pictorial way that has the English translation underneath. "So actually, in the process of giving people information, you're helping them to learn English as well."

Multicultural concerns

Ms Blears also said the term multiculturalism means "all things to all people" but that for both her and the Labour party it meant that we "celebrate the diversity of this country". But she added: "That shouldn't mean people leading separate lives, and that's where I think the danger is." The prime minister said in December that immigrants "should be able to speak the English language... should be able to understand and speak about British cultural traditions". Meanwhile Conservative Shadow Security Minister, Baroness Pauline Neville-Jones, has agreed with a report by security experts, who claim the UK has become a "soft touch" for terrorists because of rising multiculturalism. She said: "On the whole we've been taking separate groups and treating them rather separately, and giving them special status and instead of saying that all of us have got to be part of the same single framework of law and habit and getting at some of the separatism that's been going on."

• New and revised immigration application forms

  08 February 2008

  New and revised immigration application forms are to be specified for applications made on or after 29 February 2008.

• New points based system begins

  06 February 2008

  Details of Britain's new Australian-style points based immigration system (PBS) were announced today as the Government published the rules for highly skilled foreign workers applying to come to the UK.

• Immigration and customs unite to secure border

  22 January 2008

  Dogs sniffing for drugs in hand luggage while passengers have their passports checked by immigration officers is just one of the visible changes to border security being brought in at Gatwick.

New points based system begins

Last Updated: 06 February 2008

Details of Britain's new Australian-style points based immigration system (PBS) were announced today as the Government published the rules for highly skilled foreign workers applying to come to the UK.

The regulations will start coming into force on 29 February when any highly skilled foreign nationals currently working in Britain who want to extend their stay will need to apply under the new system. In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant will need to apply under PBS. By the summer the new highly skilled system will operate worldwide.

Speaking from Delhi during a visit to discuss how PBS will work with the Indian Government, Borders and Immigration Minister Liam Byrne said:

"Our points system is starting on time and on plan. I've no problem with taking the best systems in the world, like Australia's points system, and bringing them to the UK. This is a key part of the huge shake-up to our border security this year."

"The points system means only those migrants Britain needs can come to the UK. We know that migrants contributed to our economy to the tune of £6 billion to GDP in 2006. A strong system for highly skilled migrants is vital to Britain winning these benefits because these migrants are well-educated and pay lots of tax."

"We want India to come first because India is Britain's most important market for highly skilled migrants."

The Highly Skilled tier 1 will build upon the success of the Highly Skilled Migrant Programme by continuing to attract the most talented people with the skills the UK needs to remain a global leader in the fields of finance, business, and technological innovation.

The announcement follows the completion in January of the Border and Immigration Agency's global rollout of fingerprinting for all visas three months early. Now every person in the world coming to the UK on a visa has their fingerprints taken and their details checked against watch-lists - if they're on the list for the wrong reason they can't come in and could be banned from applying to come again for up to 10 years.

New points based system begins

Last Updated: 06 February 2008

Details of Britain's new Australian-style points based immigration system (PBS) were announced today as the Government published the rules for highly skilled foreign workers applying to come to the UK.

The regulations will start coming into force on 29 February when any highly skilled foreign nationals currently working in Britain who want to extend their stay will need to apply under the new system. In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant will need to apply under PBS. By the summer the new highly skilled system will operate worldwide.

Speaking from Delhi during a visit to discuss how PBS will work with the Indian Government, Borders and Immigration Minister Liam Byrne said:

"Our points system is starting on time and on plan. I've no problem with taking the best systems in the world, like Australia's points system, and bringing them to the UK. This is a key part of the huge shake-up to our border security this year."

"The points system means only those migrants Britain needs can come to the UK. We know that migrants contributed to our economy to the tune of £6 billion to GDP in 2006. A strong system for highly skilled migrants is vital to Britain winning these benefits because these migrants are well-educated and pay lots of tax."

"We want India to come first because India is Britain's most important market for highly skilled migrants."

The Highly Skilled tier 1 will build upon the success of the Highly Skilled Migrant Programme by continuing to attract the most talented people with the skills the UK needs to remain a global leader in the fields of finance, business, and technological innovation.

The announcement follows the completion in January of the Border and Immigration Agency's global rollout of fingerprinting for all visas three months early. Now every person in the world coming to the UK on a visa has their fingerprints taken and their details checked against watch-lists - if they're on the list for the wrong reason they can't come in and could be banned from applying to come again for up to 10 years.

Immigration and customs unite to secure border

Last Updated: 22 January 2008

Dogs sniffing for drugs in hand luggage while passengers have their passports checked by immigration officers is just one of the visible changes to border security being brought in at Gatwick.

Travellers suspected of carrying illegal substances are also being asked by Customs staff to step into the 'Sentinel' - a hi-tech machine which can detect small quantities of drugs in the air around them.

Ahead of the completed merger of the Border and Immigration Agency and Her Majesty's Revenue and Customs taking place later this year, Gatwick already has a single checkpoint to protect Britain from unwanted people and illegal goods.

Speaking on a visit to the airport this morning, Immigration Minister Liam Byrne explained why a single border force is needed. He said:

"The Single Border Force is the public face of the biggest shake-up of Britain's border security for 40 years.

"Our controls are much more visible. With officers in uniform and bold signage, taxpayers can now see the extra security they are paying for, like fingerprint visas, which prevent people lying about their identity to get to the UK.

"Smuggling people and goods into Britain is big business and we have to stop the criminal gangs behind it. That's why we are merging immigration control and customs and creating the UK Border Agency later this year.

"In the meantime, customs and immigration officers are sharing more intelligence about threats to the country and are increasingly making use of each others' powers to protect the border."

Behind the scenes, the Government is creating a triple ring of steel to control illegal immigration and crime.

Overseas:

• visas are no longer just a stamp in a passport. People seeking to travel to the UK now need to provide a fingerprint so they can't lie about their identity to travel;
• British immigration officers are stationed at the major European ports, like Calais, Paris and Brussels, to stop unwanted people before they reach our border;
• the number of Airline Liaison Officers working out of foreign airports to help travel operators identify forged passports has been increased;
• over the next few years, ticket purchase information will be made available in advance to the UK Border Agency, to stop would-be illegal immigrants, terrorists and criminals ever setting foot on a plane;
• UKvisas staff, based in British Embassies abroad, will also become part of the UK Border Agency; and
• Customs officers are providing operational expertise and scanning equipment to the Jamaican and Ghanaian Governments to tackle cocaine smuggling.
•  

At the border:

• immigration control and customs are beginning to share responsibilities, with customs officers asking questions about immigration and immigration officers looking out for contraband; and
• immigration officers are being given stronger police-style powers to make arrests and prosecute offenders more often.
•  

In the UK:

• ID cards will be introduced for foreign nationals in 2008, meaning people who stay in the UK longer than they should won't be able to access benefits, like the health service;
• the Australian-style Points Based System, being brought in early this year, will mean Britain will get the skills the economy needs and can shut the door on those it doesn't;
• stiffer penalties - up to £10,000 per illegal worker - will punish employers who don't carry out the right ID checks; and
• foreign nationals who break the law are being deported - over 4,000 prisoners were sent home in 2007.

Unaccompanied child asylum seekers who are denied the right to stay in the UK

Unaccompanied child asylum seekers who are denied the right to stay in the UK are to be deported before they reach 18, the government has announced. Currently, the Border and Immigration Agency waits until the young person turns 18 before beginning proceedings. Children's rights campaigners say the move could put those being sent back at risk on their return. The government said authorities would not deport children until they were "100% sure" of a safe reception. About 2,000 unaccompanied children seek asylum in the UK every year. Immigration minister Liam Byrne said the current policy was a "green light" to organised gangs of child traffickers who knew children would not be sent home once they were in the country. But Donna Covey, chief executive of the Refugee Council, said: "The government should not try to force any child to return against their wishes where their safety and welfare cannot be guaranteed. "These are not children who come here seeking a better life, with their families waiting for them in peaceful homes. Many of them are children from war zones." Sir Al Aynsley-Green, Children's Commissioner for England, said he welcomed the government's efforts to tackle the problem, but he remained concerned about plans to withdraw support from unaccompanied children, especially those from "conflict-affected countries". "If they feel unsupported in the UK, these children could disappear from a local authority's care well before their 18th birthday. This puts them at serious risk of harm..." Children's charity the NSPCC said children who were frightened, alone and may not speak English would now be forced through an asylum process which was unsuitable for children. It has called for the government to give separated children a right to an independent guardian to help them understand the process. The policy change comes as Mr Byrne announced a series of measures aimed at handling child asylum claims "swiftly and compassionately". They include:

• better procedures for identifying and supporting unaccompanied asylum seeking children who are the victims of trafficking
• locating unaccompanied asylum seeking children with specialist local authorities to ensure they receive the services they need
• speedier decisions on immigration status to ensure integration into the UK or fast return to a safe country of origin.

The government will also introduce new procedures to assess the ages of asylum seekers to help stop adults posing as children. One suggestion, which will be consulted on further, was to force asylum seekers to undergo dental X-ray checks to assess their age. Critics though said it was a step towards treating youngsters as suspect immigrants, not children. The Home Office also announced it was consulting on a new code of practice on how immigration officers deal with children and on whether the UK should extend its commitment to the UN convention on rights of the child to include immigration cases. This would follow the lead of most other European countries.

New ID bill 'several years' away

London, Monday 14th January, 2008. UK citizens are unlikely to be made to get an ID card for "several years" because a voluntary scheme needs time to "run in", a minister has said. But Home Office minister Liam Byrne insisted the government remained enthusiastic about compulsory ID cards. Gordon Brown last week appeared to have cooled on compulsory ID cards after describing them as just an "option". But Mr Byrne said the PM was reflecting the fact MPs would have to pass new legislation for cards to be compulsory. Asked on BBC radio 4's Today if ministers would be drawing up such legislation this year Mr Byrne said: "I don't think we will do that this year because a voluntary scheme will take several years to run in." The voluntary scheme refers to the fact that identity cards will be issued from 2009 to anyone getting, or renewing, a British passport - albeit with an opt-out until 2010. That voluntary scheme was a compromise deal struck to overcome Parliamentary opposition to identity cards. The then prime minister Tony Blair promised legislation after the next election to make it compulsory for all Britons to get - although not to have to carry - a card. The Conservatives and Liberal Democrats both oppose the cards and say they would scrap them if they got into power. But Mr Brown last week prompted talk of a rethink after a series of comments including telling an interviewer "there is no compulsion for British citizens".

Mr Byrne insisted that the government remained as enthusiastic as ever about the cards - which in the past he has said he believes will become a British "institution". He said: "What we will see this year is the introduction of compulsory ID cards for foreign nationals who want to come and stay in Britain. "By Christmas, we will be issuing those ID cards to foreign nationals. "Of course that is a great contrast to the Conservative position who said that they would support the issue of compulsory ID cards to foreign nationals when the UK Borders Act was going through the House, then they cancelled their support." Mr Byrne said ID cards would start being issued for British citizens by 2009, but added: "If we want to make ID cards compulsory for British citizens, we need another Act of Parliament. "But the UK Borders Act does now give us the power to introduce ID cards for foreign nationals and obviously that makes it much easier for us to prevent illegal immigration." After Mr Brown's comments last week Keith Vaz, chair of the Commons home affairs committee, said ID cards for foreign nationals were effectively being used as a pilot for compulsory cards for UK citizens. Former Home Secretary David Blunkett, who introduced the initial identity card bill, said the scheme would not work unless everyone had to have a card. "In my opinion, without it being mandatory, there is little point in doing it," he added.

New ID bill 'several years' away

London, Monday 14th January, 2008

UK citizens are unlikely to be made to get an ID card for "several years" because a voluntary scheme needs time to "run in", a minister has said. But Home Office minister Liam Byrne insisted the government remained enthusiastic about compulsory ID cards. Gordon Brown last week appeared to have cooled on compulsory ID cards after describing them as just an "option". But Mr Byrne said the PM was reflecting the fact MPs would have to pass new legislation for cards to be compulsory. Asked on BBC radio 4's Today if ministers would be drawing up such legislation this year Mr Byrne said: "I don't think we will do that this year because a voluntary scheme will take several years to run in." The voluntary scheme refers to the fact that identity cards will be issued from 2009 to anyone getting, or renewing, a British passport - albeit with an opt-out until 2010. That voluntary scheme was a compromise deal struck to overcome Parliamentary opposition to identity cards. The then prime minister Tony Blair promised legislation after the next election to make it compulsory for all Britons to get - although not to have to carry - a card. The Conservatives and Liberal Democrats both oppose the cards and say they would scrap them if they got into power. But Mr Brown last week prompted talk of a rethink after a series of comments including telling an interviewer "there is no compulsion for British citizens".

Identity cards are opposed by the Tories and Lib Dems

Mr Byrne insisted that the government remained as enthusiastic as ever about the cards - which in the past he has said he believes will become a British "institution". He said: "What we will see this year is the introduction of compulsory ID cards for foreign nationals who want to come and stay in Britain. "By Christmas, we will be issuing those ID cards to foreign nationals. "Of course that is a great contrast to the Conservative position who said that they would support the issue of compulsory ID cards to foreign nationals when the UK Borders Act was going through the House, then they cancelled their support." Mr Byrne said ID cards would start being issued for British citizens by 2009, but added: "If we want to make ID cards compulsory for British citizens, we need another Act of Parliament. "But the UK Borders Act does now give us the power to introduce ID cards for foreign nationals and obviously that makes it much easier for us to prevent illegal immigration." After Mr Brown's comments last week Keith Vaz, chair of the Commons home affairs committee, said ID cards for foreign nationals were effectively being used as a pilot for compulsory cards for UK citizens. Former Home Secretary David Blunkett, who introduced the initial identity card bill, said the scheme would not work unless everyone had to have a card. "In my opinion, without it being mandatory, there is little point in doing it," he added.

165,000 asylum seekers to get 'amnesty' because

of Home Office blunder over files

by JAMES SLACK - More by this author » Last updated at 10:06am on 18th December 2007

As many as 165,000 asylum seekers are to be granted an "amnesty" to live in Britain, it was revealed. The vast bulk of the migrants are failed refugees whose files were left lying in boxes by bungling Home Office staff. They have now been living here so long that officials have ruled that it would be a breach of their human rights to kick them out. Ministers admitted that the first 19,000 have already been granted leave to remain under what the Tories described as a "stealth amnesty". All will now be free to bring their relatives to Britain - and claim the full range of benefits. The revelation came amid a flurry of alarming admissions rushed out on the last day of Parliament before the Christmas recess. It emerged that more than three million motorists are at risk of identity fraud after their personal details went missing. The Home Office was also forced to admit it had been employing an illegal immigrant - as a security guard - for more than 18 months. But it was the asylum fiasco that caused the greatest concern. Councils have already been warned to make the migrants a priority for council housing. They will also be entitled to apply for British passports in four or five years. The fiasco centres on 450,000 asylum claims uncovered by the Home Office last year in the wake of the foreign prisoner scandal. They were left lying around in boxes, with some files dating back to the mid-90s.

The vast bulk of the migrants are failed refugees whose files were left lying in boxes by bungling Home Office staff (file picture)

Officials say they are a combination of failed refugees who should have been deported, and people whose claims became lost in the chaotic asylum system. Lin Homer, chief executive of the Border and Immigration Agency, said of the 52,000 cases concluded to date, 19,000 - or 36.5 per cent - have been given leave to remain in Britain. If, as expected, cases continue to be granted at the same rate, a total of 165,000 will be allowed to stay. Sir Andrew Green, chairman of Migrationwatch UK, said: "The Home Office seem to be dealing with this enormous backlog of cases by dishing out permission to stay to tens of thousands of thousands of people who have not qualified for asylum. "These failed asylum seekers now have a meal ticket for life and a place in the queue for social housing. "It is hard to imagine a more dismal outcome for the billions of pounds that the Government has spent on the asylum system." Some 17,000 of the 52,000 cases checked to date have been discounted, as they were duplicate records. The Home Office said the remaining 16,000 had been removed from Britain since the trawl began. The cases do not apply to any particular date, officials said. The remainder of the 450,000 cases will be considered over the next four years. Shadow home secretary David Davis said: 'After 18 months' effort and on their own numbers the Government can still only claim to have removed 3 per cent of the backlog. "At this rate it will take decades to remove the backlog, by which time we will have another backlog since the Government is also failing to meet its target of removing more failed asylum seekers than arrive. "Since these are people who had not been granted the right to remain in the UK, this combination of low removal rates and lengthy delays, means this is effectively a stealth amnesty. This is a policy by incompetence rather than decision."

The Daily Mail - correctly predicting yesterday's announcement - revealed in August how councils had been sent letters preparing them for the news, as all of those approved will immediately-become entitled to apply for a local authority-house. The major reason why so many of the claims will be approved is the Human Rights Act. Those who have been in the country for many years can claim it is now their home and they no longer have links to their homeland. The legislation, passed by Labour, also prevents the removal of asylum seekers to countries where they could face torture or persecution, which is likely to apply to thousands of cases in the backlog. A Home Office document on how the scheme - known as the Legacy Exercise by the department - will operate says "each case will be evaluated on its individual merits, with an assessment of any human rights factors that may be relevant". Lin Homer said: "This is not an amnesty. Individuals are judged according to the law. "If someone has no right to remain in the UK, they will be removed - forcibly if necessary. Last year we removed record numbers of people. To date we have concluded 52,000 cases. "Two thirds have either been removed, or discovered to be duplicate files or errors." Councils are furious that they are being made to take responsibility for Government bungling. Andrew Carter, alternate leader of Leeds City Council, warned it was "nothing more than a crude amnesty".  - Daily Mail.

• Illegal immigrant guarded the Home Office for 19 months
• British taxpayers pay for failed asylum seekers to set up ostrich farm in Iran
• 100,000 young Britons pushed into unemployment by immigrants
• Visa limits to be halved and visitors to pay £1000 bonds in bid to cut illegal immigration

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British nationality
Latest News

Changes to the good character requirement

On 05 December 2007 the Home Secretary announced changes to the way that an applicant's good character will be assessed for the purposes of naturalisation and registration as a British citizen.

The changes will take effect as from 1 January 2008.

Applications made on and after that date will normally be refused if the applicant has been convicted of a criminal offence and the conviction has not yet become “spent” in accordance with the provisions of the Rehabilitation of Offenders Act 1974.

Application forms and guides will be updated in due course.

See the good character requirement page for more information below.

The good character requirement

What is the good character requirement?

The law requires that a person aged 10 or over who is applying to become a British citizen must normally satisfy the Home Secretary that she or he is "of good character" before the application can be granted.

Does this apply to everyone?

No. Those aged below 10 when they apply, and certain persons applying on the basis that they are currently stateless or have no other nationality apart from British Overseas citizenship or the statuses of British subject or British protected person are not subject to this requirement.

What does "of good character" mean?

There is no definition of  "good character" in nationality law, but we would normally accept that the requirement is met if:

• our enquiries with the police and other government departments reveal no cause for concern,
• there are no "unspent" convictions
• there is no other information to cast doubt on the applicant’s character.
•  

What checks do you make?

We make checks with the police in all cases where the "good character" requirement applies. Additional checks may be made with other government departments and agencies, depending on the particular circumstances of the applicant.

What if I have a criminal conviction?

If you have a conviction which is not yet "spent" under the Rehabilitation of Offenders Act 1978, an application for citizenship made now is unlikely to be successful. We would therefore advise you to wait until the end of the rehabilitation period before making an application.

How will I know when my conviction has become "spent"?

Information about "spent" periods is contained in a leaflet "Wiping the Slate Clean" which can be obtained from the Home Office, Direct Communications Unit, 2 Marsham Street, London, SW1P 4DF.

My conviction will never be spent - can I still apply for citizenship?

You may apply if you wish, but should bear in mind that an application in these circumstances is unlikely to be successful.

I have a recent conviction for a minor offence. Should I still wait until the conviction has become "spent" before I apply for citizenship?

We will normally disregard a single conviction for a minor offence resulting in a bind over, conditional discharge or relatively small fine or compensation order, if a person is suitable for citizenship in all other respects. By "minor offences" we mean speeding or other "regulatory" offences. Offences involving dishonesty (e.g. theft), violence or sexual offences are not classed as minor offences. Drink-driving offences, driving while uninsured or disqualified are not minor offences either.

I applied before the Home Secretary announced these changes. How will they affect my application?

The new policy applies to all applications made on or after 1 January 2008. If your application was received in the Home Office before that date, we will apply the previous policy as set out in the guide that accompanied your application form.

When I got an application form and guide from the Home Office it said that I could apply after a "clear period" - will the old policy apply to me?

All applications received on or after 1 January 2008 will be considered in accordance with the new policy. The information contained in Border and Immigration Agency forms and guides is intended to help people decide whether they are eligible for citizenship, but the forms and guides are not a complete statement of the law or  policy and the information in them is subject to change.

What if I am under investigation by the police but have not yet been charged, or have been charged but am still awaiting trial?

We would advise that you wait until the matter has been resolved before considering whether to make an application for citizenship.

London, Sunday 16th December, 2007. Proposals to cut the time tourists from outside the EU can stay in the UK from six months to three are expected to be announced by ministers this week. The move is among measures aimed at further tightening the visa system. A deposit of at least £1,000 to be paid by families who want relatives to visit Britain will also be introduced. Meanwhile, the Home Office has defended the payment of thousands of pounds to failed asylum seekers to persuade them to return to their home countries. The new measures are said to be contained within a consultation document set to be unveiled by immigration minister Liam Byrne. BBC political correspondent Gary O'Donoghue said the idea of a cash bond was not a new one but he understood ministers were convinced it was the way forward. It would see people using "sponsored family visits" to enable relatives from outside the European Union to visit on temporary visas would need to put up a cash bond.

New measures are being introduced to tighten the visa system

The bond would then be forfeited if the relative did not leave when the visa expired. Our correspondent also said the existing right of appeal to a full tribunal against a decision by immigration authorities not to grant a visa could be scrapped. He said such appeals, which currently cost between £30m and £40m a year, could be replaced by a simpler and cheaper appeal process. The government has already announced other changes to the visa system which Mr Byrne described as the "biggest shake-up of the immigration system in history". They included a points-based system for economic migrants and the tightening of procedures for people bringing spouses into the country. Separately, the Sunday Telegraph has reported how £36m was paid to failed asylum seekers to enable them to set up businesses back in their own countries. Since 1999, more than 23,000 migrants have received up to £4,000 each under the voluntary assisted return and reintegration programme. According to the paper, the funding has enabled people to set up clothes factories or market stalls back home. Shadow home secretary David Davis said the government was resorting to "bribing them to leave - with the taxpayer picking up the bill". But the Home Office said the programme - part-funded by the EU - was cheaper than forcibly returning failed asylum seekers which costs £11,000 a time.
 

Paying asylum seekers to go home

London, Sunday 16th December, 2007. Frustrated by its inability to remove asylum seekers whose claims were without merit, the Home Office came up with what must, at the time, have seemed a great idea: pay them to go home. Not only would rewarding failed asylum seekers with cash grants to return to their native countries ensure they left Britain: it would also save the Exchequer money, because it would cut out the labyrinthine appeals process, which - as appellants are legally aided - costs the tax-payer a great deal. The more internationally-minded members of the Government noted there would be the additional benefit of helping economic growth in the developing world. So since 1999 the Home Office has operated a scheme which today hands failed asylum seekers £1,000 to leave Britain, and then gives them a further £3,000 towards setting up a business in their own country. The Government may have been proud of the programme, but it evidently did not feel proud enough to inform the public of its workings: today, we report the details of some of the scheme's beneficiaries, and what they did with their money, for the first time. In the eight years since the scheme started, 23,000 failed asylum seekers have been rewarded with tax-payers' funds, at a total cost of £36 million.

We do not know how many of those who received the money actually used it productively, nor do we know how many stayed put in their home countries having been given it - but we do know that 300 of the scheme's beneficiaries have been caught trying to re-enter Britain, probably in the hope of making another baseless claim for asylum, and receiving another £4,000 from the rest of us to go away. That result was entirely predictable. The principal problem with any such scheme is that it rewards, and therefore provides an incentive for, bogus asylum claims - precisely the behaviour that it was meant to diminish. The number of asylum seekers indeed jumped at the time the scheme was introduced: by 2002, the pre-1999 figure of around 40,000 claimants a year had doubled to 80,000.  The subsequent fall in asylum seekers to fewer than 30,000 a year by 2005 was the result of the Government's introduction of measures aimed at making it more difficult to make a claim. Those measures included a more aggressive use of technology to identify those who seek to enter the UK illegally, and the stationing of British immigration officers in France and Belgium to deter would-be claimants from crossing the Channel.

The Government also ended the automatic right to have an appeal heard in Britain: henceforth, if the country the asylum seeker came from had been declared "safe", and their claim was found to be bogus, he or she would have to appeal from there. The reward scheme itself has not worked and should be abandoned, not least because it would send a strong signal that law-breaking will not be tolerated. The money should be used to deport failed asylum seekers, not to reward them. Only a small fraction of those whose asylum claims have been refused since 1997 have actually left the country. Although the Government deports about 1,000 failed asylum-seekers every month, there is still a backlog of 240,000 people whose claims for asylum have been rejected. Because around 1,000 additional claimants are added to the "rejected" list every month, the Government's deportations have made no impact on the huge backlog.

Paying bogus asylum seekers to go home does have one benefit, however: it exposes the topsy-turvy world of our asylum procedures, and the extent to which they benefit, not the honest claimant fleeing persecution, but the economic migrant hoping to find a better life in Britain.  There is nothing wrong with that motive, of course - but no one could honestly claim that it is fair, right or just that the asylum system should be used to enable economic migrants to settle in Britain. One Armenian who claimed asylum here lived in London for four years before he decided the city "was not for him". He wanted to go home, and received £1,000 to do so, plus £3,000 more to set up a farm back in Armenia. His seems to have been a fairly typical case. It is not a sensible use of tax-payers' money. It is also no way to discourage bogus claims - still less to ensure that, in Britain, only those who abide by the rules are rewarded.

Failed asylum seekers are escorted on a plane

Row over payments to failed asylum seekers

By Ben Leapman, Home Affairs Correspondent
 

Thousands of failed asylum seekers have been flown out of Britain and set up in business back home in a £36 million taxpayer-funded scheme, it can be revealed.

The unwanted foreigners, who had no legal right to remain, were given free flights, handed £1,000 in cash at the airport, then paid a further £3,000 to start enterprises in their homelands. More than 23,000 migrants have taken advantage of the scheme. Their UK-funded businesses range from market stalls to hotels and clothes factories, in countries as far-flung as South Africa, China and Colombia. Ministers say that paying failed asylum seekers to leave is cheaper than forcibly deporting them, saving money for taxpayers. However, the Tories last night condemned the payouts as "bribes". David Davis, the shadow home secretary, said: "Now the price of the Government's failure to secure our borders is all too clear. Given their inability to deport illegal immigrants, they have had to resort to bribing them to leave - with the taxpayer picking up the bill." Details of the scheme are shown in documents from the International Organisation for Migration (IOM), the Geneva-based agency that administers the voluntary repatriation scheme on Britain's behalf. The findings emerged as ministers prepared to tighten border controls with a clampdown on foreign visitors.

Tourist visas are likely to be shortened from six months to three, while families may have to put up bonds of £1,000 before relatives can obtain visitors' passes. At the same time, eight eastern European countries will join the EU "passport-free travel zone" this week, in a move that raises fears of more illegal immigrants crossing the continent to reach Channel ports en route for Britain. The Voluntary Assisted Return and Reintegration Programme has cost £36 million in total between 1999, when it was launched, and the end of last year, according to the most recent figures. The Home Office paid about two thirds of the money, with the rest from the EU. Uptake was slow at first but numbers leapt after the maximum grant was raised from £1,000 to £4,000 at the start of 2006, and now totals 23,000 migrants.

While £4,000 is a modest sum for a British business, it is equivalent to more than 10 years' wages in some countries, such as Afghanistan and the Democratic Republic of Congo, that accept returning migrants under the scheme. By comparison, an assault victim in Britain who suffered a punctured lung and broken rib would qualify for £3,300 compensation.  A British soldier who suffers non-career threatening, but still traumatising injuries, such as shrapnel or bullet wounds might receive no more than £4,000 and this could take four years to come through. The immigrants' repatriation scheme is open to all failed asylum seekers, as well as refugees who have been granted leave to remain in Britain and those whose claims are yet to be decided. Organisers say the business start-up grants create jobs and prosperity in troubled regions of the world. Most of those returning have resettled successfully, although 300 have been caught trying to re-enter Britain.

Cheryl Cates, a deputy director at the Home Office Border and Immigration Agency, said: "Assisted voluntary return is more cost effective than an enforced removal, which entails arrest costs, placing people in secure accommodation and often more expensive flights. For returnees, it is an orderly and dignified way of going back." It costs £11,000 on average to deport a foreign national who refuses to leave, so the voluntary returns scheme may have saved taxpayers more than £200 million since its launch, if all those who took part had otherwise been deported. The National Audit Office, the public spending watchdog, has urged the Home Office to make more use of voluntary returns. Lyndon Jeffels, an IOM spokesman, called the accounts of business start-ups a "success story". He said: "Reintegration assistance is positive for the taxpayer, the individual, and the country they are returning to. It makes returns sustainable. It's a win-win." A Home Office spokesman said: "Last year we removed more failed asylum seekers than ever before. We will not hesitate to use enforced returns, but when we can spare British taxpayers the cost, we will. "Repatriation assistance isn't new and frees money to hire more immigration officers."

• Minister to propose immigration restrictions
• UK programme pays for deportees' ventures
• Your view: What is the best way to tighten the UK's borders?

UK bans non-EU unskilled workers

Unskilled workers from non-EU countries will be banned from taking jobs in the UK for the "foreseeable future", the government has said. Foreign nationals who want to marry a British person and come to the UK may also have to sit an English test. The moves come as ministers unveil details of their new points-based system for migrants. About 12,000 unskilled migrants from non-EU countries in Africa, America and Asia came to work in the UK last year. Home Secretary Jacqui Smith set out the proposals, which come into force in 100 days' time, in a speech at the London School of Economics. She said that immigration policy should not just be about economics but should also take into account the wider impact on society. She also stressed the importance of migrants learning English. Ms Smith told BBC News the aim of the proposals was to "control those who come here, for the good of the country".

'Key contributors'

In moves aimed at strengthening "British values", Ms Smith wants a clampdown on forced marriages, English tests for spouses applying to enter the UK and tighter restrictions on convicted criminals gaining citizenship. It comes ahead of the launch of an Australian-style points-based immigration system in the early part of next year. Immigration Minister Liam Byrne earlier set out how the five-tier system would work for highly skilled migrants, which he defined as those who are "key contributors" to the UK economy. They include people who work in "financial and public services, education and health, ICT and business". With the exception of Romania and Bulgaria, there are no restrictions on people from EU countries coming to work in the UK. But those from outside the EU will have to pass a number of tests designed to ensure they have value for the UK economy.

Economic contribution

People applying to come to the UK as a Highly Skilled Migrant will be awarded points based on their qualifications, age, previous salary or the amount of money they are planning to invest in the economy. The new system will supersede the existing Highly Skilled Migrants programme, which also evaluates people on their likely economic contribution. Under the new system, someone aged under 28 with a PhD, for example, who has previous annual earnings of at least £16,000 a year, will gain the 75 points necessary for entry. University graduates who have not gone on to do a masters or PHD would need to prove previous earnings of at least £40,000 a year to gain entry.

Business community

Successful highly skilled applicants will also need to have passed a test in English, equivalent to GCSE Grade C or above. They will not need a job offer and may be able to settle in Britain after two years. They will also be able to bring wives, partners and children to the UK, who will be able to take jobs. But if their dependants want to apply to be in the UK in their own right they will have to leave the country to make an application. Details of the points system for skilled workers, students and temporary workers will be announced next year. But Mr Byrne said plans to include unskilled workers in the system had been shelved "for the foreseeable future". Mr Byrne denied the move would lead to labour shortages in the construction and other industries, saying: "We think Britain's needs for low-skilled workers can be fulfilled from within the EU." But he said voters' concerns about immigration and its impact on communities had been taken into account, adding: "We are not running immigration policy in the exclusive interest of the British business community." Mr Byrne said a "greater sense of shared protections and shared values should be a necessary condition of citizenship". He said it was important to "strike a balance" between economic needs and the wider impact of immigration on communities.

Marriage age

Mr Byrne said he doubted banning non-EU migrants would be "pain free" and stressed that it would be kept under review by an independent panel. The number of unskilled migrants from outside the EU is already restricted, with only about 12,000 permitted to take jobs in the UK in the past year under existing sector-based and agricultural schemes. That will be reduced to zero, with all migrant jobs in low skilled sectors expected to be filled by workers from Bulgaria and Romania. According to official figures, 234,000 migrant workers moved to work in the UK from the EU in 2006, mainly from Eastern European countries such as Poland - of which about 40% are thought to be low skilled. Asked if the new restrictions should not also apply to eastern Europeans, Mr Byrne said Britain was bound by EU laws on the free movement of labour.

'Tough talking'

Conservative immigration spokesman Damian Green said the points-based system was "half a good idea" but there should be "an annual limit on how many people can come here". Lib Dem home affairs spokesman Nick Clegg said the government should concentrate on "getting the basics right" on immigration. "For the last 10 years the government's approach to this issue has been disfigured by a combination of tough-talking populism and utter administrative incompetence," said Mr Clegg. Sir Andrew Green, of pressure group Migration Watch, said the points system had a fatal weakness. "There's no upper limit. A huge majority of the public want to see an upper limit - the Home Office's own opinion survey that they published last week showed that a majority of the country want to see less than 10,000 immigrants a year. "At the moment there are 300,000 - so the government is just not within sight of public opinion on this and this scheme is simply not going to produce the limitation that everyone wants to see."

Criminals

The Home Office earlier published a consultation paper on making it a condition of entry that spouses who apply for visas to join husband or wife in the UK should have to pass a basic English test. Around 47,000 spouses were admitted to the UK last year. On forced marriage, there are proposals to raise the age at which a person can sponsor or be sponsored to come to the UK for marriage is raised from 18 to 21. The rules on deporting convicted criminals will also be tightened-up so that no-one with an unspent conviction - in effect anyone who has been jailed for more than 30 months - will be given citizenship.

How points system for graduates will work

How points system will work for high skilled migrants

Canada to accept up to 265,000 new immigrants in 2008

Ottawa, October 31, 2007 — The Honourable Diane Finley, Minister of Citizenship and Immigration, announced today that Canada expects to welcome between 240,000 and 265,000 newcomers in 2008.The target is set out in the 2007 Annual Report to Parliament on Immigration tabled today in the House of Commons. The report provides information on immigration activities in 2006 and outlines the immigration plan for 2008. “Our government believes that immigration plays an important role in building our communities and growing our economy,” said Minister Finley. “The immigration targets tabled today will help ensure that Canada continues to grow and benefit from all that newcomers and their families bring to our country.”

The Canadian Experience Class, first announced in the 2007 budget and a key element of the government’s long-term immigration plan, will be implemented in 2008 for certain skilled temporary workers and international students with Canadian degrees and Canadian work experience. Once the class is established and for the first time, individuals meeting specific criteria will be able to apply for permanent resident status from within Canada.  The Canadian Experience Class adds to other initiatives to address labour market needs and to help in the successful integration of newcomers. These include establishing the Foreign Credentials Referral Office (FCRO), improving the Temporary Foreign Worker program and expanding the Provincial Nominee Program.

The FCRO is working with the provinces and territories to help internationally trained individuals get their skills assessed and recognized. The Provincial Nominee Program allows provinces and territories to identify and nominate immigrants who will address their labour market needs.  Canada is continuing its humanitarian tradition by, for example, resettling 800 Karen refugees from Thailand and committing to welcoming 2,000 more. Canada also played an important role in negotiations on the protracted situation of Bhutanese refugees in Nepal, agreeing to resettle 5,000 of them over the next few years. The federal government has also committed an additional $1.3 billion in settlement funding over five years, and $342 million per year ongoing, to help newcomers succeed. The Annual Report to Parliament on Immigration, which must be tabled by November 1 each year, is a requirement under the Immigration and Refugee Protection Act.

UK Borders Bill gains Royal assent
31 October 2007

Immigration officers received tough new powers to protect the border and tackle immigration crime when the UK Borders Bill received Royal Assent today. This is the latest step in the Government's shake up of the Border and Immigration Agency which will see the most far reaching changes to the immigration system in the past 40 years, introduced over the next 12 months.

The UK Borders Act increases the powers the Border and Immigration Agency (BIA) has to build stronger borders, tackle organised crime and remove incentives for illegal immigrants wanting to come to Britain.

The Act also ensures that from 2008 ID cards will be introduced for foreign nationals subject to immigration control. This is a crucial step in fighting illegal immigration, enabling those here legally to prove it and prevent those here illegally from benefiting from the privileges of Britain.

The UK Borders Act: introduces compulsory ID Cards for foreign nationals which will help tackle fraud, illegal working and multiple identity; provides new powers to immigration officers allowing them to detain at ports in England, Wales and Northern Ireland individuals they suspect of having committed a crime, to arrest those they believe to have fraudulently been acquiring asylum support and to access Her Majesty's Revenue Customs (HMRC) data to track down illegal immigrants; extends powers to enable the prosecution of those who facilitate or traffic from abroad, even if their crimes were committed outside of the UK;

allows automatic consideration for deportation of foreign national prisoners - sending out a clear message that those who abuse the hospitality of the United Kingdom by committing serious crimes will not be tolerated;

introduces a Code of Practice to keep Children Safe from Harm which the Border and Immigration Agency will have regard to when dealing with children and establishes a Chief Inspector for the BIA, to oversee the new Agency. Immigration Minister Liam Byrne said:

"The UK Borders Act will be a big step forward in giving our frontline forces the powers they need to strengthen our borders and shut down the illegal jobs that we know cause illegal journeys.

"The introduction of ID cards for foreign nationals will help secure a triple ring of security, which starts with biometric visas identifying individuals before they travel to the UK, through checking of individuals at the border and ID cards for foreign nationals ensuring that those not legally allowed to enter the UK are not able to access the benefits of Britain."

The passage of the UK Borders Act follows major steps already taken by the Government to strengthen the UK border. They include: the introduction of biometric visas, already rolled out in 106 countries around the world, which have led to 7,300 individuals successfully being matched to applicants known to the immigration authorities; the introduction of a network of airline liaison officers who have stopped 180,000 people boarding planes bound for Britain in 2006 and the rollout of checks against passengers entering and leaving the UK which has generated 15,000 alerts and over 1,200 arrests since 2005.

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 NCADC News Service

===========

There is 'No Amnesty' - There is 'No Amnesty' - There is 'No Amnesty'

London, Tuesday, 7th August, 2007

Despite what NCADC regards as misleading articles in the media (none of it sourced, none of it correct) and rumors on the streets, there is definitely no *new "amnesty".

Inaccurate information gives false hope to people seeking asylum, overstayers and irregular migrants seeking status.

If you have received a questionnaire from the Case Resolution Directorate at the Border and Immigration Agency (BIA), it is most probable that your case has been identified as a "legacy case" or a "case resolution" case - and definitely not a part of any new "amnesty".

The Case Resolution Directorate has sent out thousands of questionnaires.  If you are a "legacy case" and have not received a questionnaire yet, you may do at some point in the future. You cannot request a questionnaire - you have to wait until they send you one.

The questionnaire is not a benign document - the Border and Immigration Agency (BIA) may make decisions based on the information you provide in the questionnaire, which may be to grant you status or to speed up your removal from the UK.

If you get a questionnaire, we strongly insist that you seek legal advice before completing it - the Legal Services Commission has confirmed that legal aid funding is available for this.

*Still ongoing: The Family ILR Exercise (AKA Family Amnesty 2000/2003), announced by the Home Secretary on 24 October 2003, allows certain asylum-seeking families in the UK to stay. To qualify, the main applicant of the family unit must have applied for asylum before 2 October 2000 and must have had at least one dependant aged under 18 (other than a spouse or civil partner) in the UK on 2 October 2000 or 24 October 2003.

Please do not call/email NCADC asking if there is a new "amnesty" - there is definitely not.

Strangers Into Citizens: 90 MPs have signed EDM 1371, 'for the one-off regularisation of long-term irregular migrants through a pathway to citizenship' ;

Message below from 'The Refugee Council'

Case resolution (Legacy cases)

Update on case resolution: Q&A now on Home Office website - Case Resolution is not an amnesty [August 2007]

There is now a *Question and Answer document on the Border and Immigration Agency website which explains how they are dealing with Case Resolution cases.

Note in particular that this is not an amnesty. The Refugee Council is hearing disturbing reports that people may be being misled about this and even tricked into completing photocopies of the questionnaire, in the mistaken belief that this will get their case dealt with, and for which they have been charged. This Q&A makes it clear that this is not an amnesty and there is no point in completing photocopies of the form - only those that the Home Office has sent will be valid.

Background: In July 2006 the Home Secretary announced that all asylum cases outside the New Asylum Model will be resolved by

June 2011. These cases, formerly known as legacy cases and now called case resolution, are being dealt with by the Case Resolution Directorate at the Border and Immigration Agency (BIA).

The Home Secretary has outlined the priorities that will determine how BIA deals with these cases:

"We will also deal with the legacy of older cases that have yet to be fully resolved. We plan to do this within five years or less. We will prioritise those who may pose a risk to the public, and then focus on those who can more easily be removed, those receiving support, and those who may be granted leave. All cases will be dealt with on their individual merits."

All these cases will eventually receive a letter and a questionnaire, the purpose of which is to update information held by the Home Office in order to decide what action is appropriate. If you fail to return the questionnaire a decision will be made on your case using any information you have previously provided and any other written evidence you have submitted in support of your case.

In the week commencing 2 July 2007 the Home Office sent out a total of 6,000 letters and questionnaires to families with children in accordance with its priority to address cases in receipt of support.

The attached briefing provides some basic advice about responding to these letters.

*Home Office briefing: Case Resolution Programme – FAQs http://www.ind. homeoffice. gov.uk/applying/ asylum/caseresol utionprogammefaqs/

End of Bulletin:

Source for this Message:

Refugee Council

Border and Immigration Agency (BIA)

NCADC

The following student rules in the UK changes will take effect from 1 September 2007:

A new student visitor category will be introduced for short term students who wish to study in the UK for six months or less but who do not wish to take part-time employment or seek an extension to their student visitor leave; visitors will no longer be allowed to enter the UK to undertake a course of study;

A mandatory entry clearance requirement will be introduced for those coming to the UK as a student or as a prospective student;
The in-country switching provisions for students and prospective students will be amended so that only those with a legitimate expectation to progress into the student route will be allowed to do so. Overseas nationals with leave as a work permit holder, as a sabbatical officer, as a Fresh Talent: Working in Scotland scheme participant and those here with leave under the Science and Engineering Graduate Scheme (or its successor the International Graduate Scheme) will be allowed to switch into the student category provided they are studying at degree level or above. Those here with entry clearance to re-sit an examination will be allowed to switch to undertake study at any level.

Student visitor flowchart  (PDF, 68K)

Student visitor under 18 years flowchart  (PDF, 89K)

Student visitor

A new category of student visitor has been introduced for short-term students who wish to study in the UK. Short-term students are those who are studying on courses of six months duration or less.

The category allows for short term students to undertake a short period of study during their visit to the UK;

The student visitor is required to meet the requirements of the rules relating to visitors;

In addition he/she will also have to demonstrate that he/she has been accepted on a course of study provided by an organisation which is included on the DfES’ Register of Education and Training Providers;

The maximum period of leave allowed in this category is six months;

There are no provisions for student visitors to extend their leave in the UK nor switch in-country to any other category. If they wish to follow a further course of study they must return to their home country to make an application as a student.
Any leave granted in this new category will be counted as a period spent as a visitor for the purposes of considering an application for visitor leave.

Only those over the age of 18 may apply in this category

Visa nationals who wish to enter the UK under this category should apply for entry clearance prior to arrival in the UK. Non-visa nationals will not need entry clearance prior to arrival but will declare their intentions to the Immigration Officer on arrival and then be given leave to enter as student visitors. They will be required to show evidence that they can meet the full criteria of Immigration Rules, Paragraph 56K (below).

Requirements for leave to enter as a student visitor

Immigration Rules, Paragraph 56K. The requirements to be met by a person seeking leave to enter the United Kingdom as a student visitor are that they:

are genuinely seeking entry as a student visitor for a limited period as stated by them, not exceeding six months; and
have been accepted on a course of study which is to be provided by an organisation which is included on the Department for Education and Skills Register of Education and Training Providers; and

intend to leave the United Kingdom at the end of their visit as stated by them; and

do not intend to take employment in the United Kingdom; and

do not intend to engage in business, to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and

do not intend to study at a maintained school; and

will maintain and accommodate themselves and any dependants adequately out of resources available to them, without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and

can meet the cost of the return or onward journey; and

are not under the age of 18.

Leave to enter as a student visitor

Immigration Rules, Paragraph 56L A person seeking leave to enter to the United Kingdom as a student visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of Paragraph 56K is met.

Refusal of leave to enter as a student visitor

Immigration Rules, Paragraph 56M. Leave to enter as a student visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 56K is met.

Amendment to visitor rules

Amendments have been made to the visitor rules so that no one is able to study in the UK if they have entered the UK as a visitor.
Child visitors - children as short term students

There are no specific provisions for children (under 18 years of age) to seek entry to the UK under the category of student visitor. In order to enable such students to obtain leave to enter the UK for a short course of study and ensure that existing child protection measures continue to apply (as provided for child visitor category), an additional requirement has been introduced into the child visitor provisions to enable a child to undertake a course of study at a private institution which is included on the DfES register of Education and Training Providers.
Children will be considered under the child visitor rules.

Mandatory requirements for students and prospective students

As from 1 September 2007 both visa nationals and non visa nationals are required to apply for entry clearance prior to arrival in the UK. This requirement is mandatory for those wishing to come to the UK for the purpose of study for more than six months or who are coming to study for six months or less but intend to take part-time work whilst here. This requirement is also mandatory for prospective students.

Changes to those who may switch in-country

Whilst the 2006 Rules change (HC 1016) removed the ability of non-visa national visitors who have been accepted on a course of degree level or above to switch to the student category, other non-visa nationals with prior leave to enter or remain (except for those in some temporary work-related categories) retained their ability to switch to the student category if they had been accepted on a course of degree level or above. In making the further changes to the in-country switching provisions we have sought to ensure that we only allow those people who can be said to have a legitimate expectation to progress into the student route to do so. This will now include:
Work permit holders

A sabbatical officer

Those doing re-sits

Participant in the Fresh Talent: Working in Scotland scheme

Science and Engineering Graduate Scheme participant (or its successor the International Graduate Scheme)

Under the rules change student dependants and working holidaymakers will no longer be able to switch to the student category. They will have to return to their home country in order to make an application for entry clearance. - MORE INFORMATION

125/2007 24 July 2007 020 7035 3847

BUILDING STARTS ON NEW REMOVAL CENTRE

Immigration Minister Liam Byrne today helped break the ground for a new removal centre at Gatwick.

The new facilities, which will open in 2008 under the name Brook House, are a key part of the Border and Immigration Agency's (BIA) plans to increase deportations of foreign nationals who are in the UK illegally.

Every eight minutes an illegal immigrant is removed from the UK by the BIA - work that is helped by the doubling of enforcement resources announced earlier this year.

Immigration Minister Liam Byrne said:
Last year we deported an illegal immigrant every eight minutes, removals of failed asylum seekers hit a record high and we've doubled the pace we're removing foreign national prisoners.
Building this new removal centre at Gatwick sends a very clear message to those here illegally. "Well do everything we can to send you home."

The Government's first priority is to deal with the most harmful first and over the past 12 months almost 3,000 foreign national prisoners have been removed from the UK. The removal of failed asylum seekers was at its highest level in 2006, while asylum applications have fallen by a massive 76 per cent since their peak in 2002.

Brook House will be a purpose-built secure facility with 426 male and female detention bedspaces - providing safe and secure facilities for those who have entered the UK illegally. It will be situated within the boundary fence of Gatwick Airport, close to existing immigration facilities at Tinsley House.

NOTES TO EDITORS
1. The Border and Immigration Agency Business Plan, which gives more information on how we are delivering an immigration system fit for the 21st Century, is available at: http://www.bia.homeoffice.gov.uk/aboutus/reports/

2. Current grid of detention spaces across the estate:

Centre Capacity
Campsfield, Oxford 215
Dover 316
Dungavel, Prestwick 188 (male, female & family)
Harmondsworth, Heathrow 259
Haslar, Portsmouth 160
Lindholme, S Yorkshire 112
Oakington, Cambridge 352
Tinsley House, Gatwick 146 (male, female & family)
Yarl's Wood, Bedford 405 (female & family)
Colnbrook, Heathrow 313 (plus 40 STHF)
TOTAL 2,506

3. Brook House is being developed by APP on behalf of the Home Office.
 

Half a million illegal immigrants should be given the right to stay in Britain, a think tank has said

London, Monday 16th July, 2007. Half a million illegal immigrants should be given the right to stay in Britain, a think tank has said. The Institute of Public Policy Research says such an amnesty would bring in £1bn in extra taxes, and save costs of £4.7bn needed to deport people. It is urging Home Secretary Jacqui Smith to adopt the move, saying a large scale deportation would never happen. The Home Office said an amnesty was unnecessary and would create "a strong pull for waves of illegal migration". It is not known how many illegal immigrants are in the UK, with estimates varying widely from 300,000 to 900,000. The Home Office has estimated it would take more than 30 years to deport them all. Danny Sriskandandarajah, head of migration and equalities at the Institute of Public Policy Research, said: "The simple truth is that we are not going to deport hundreds of thousands of people from the UK. "Our economy would shrink and we would notice it straightaway in uncleaned offices, dirty streets and unstaffed pubs and clubs.

"So we have a choice: make people live in the shadows, exploited and fearful for the future; or bring them into the mainstream, to pay taxes and live an honest life." Immigration minister Liam Byrne has repeatedly rejected calls for an amnesty. A Home Office spokesman said a new Australian-style points system for managed migration would allow skilled migrants into the UK to fill gaps in the economy. Shadow home secretary David Davis said other countries who had granted such an amnesty "found it creates an unstoppable stream of illegal immigration". "The state of our porous borders means that granting an amnesty for around 500,000 would quickly lead to thousands more taking their place," he said. "The only long-term solution is to have an efficient asylum system so that we don't develop the huge back log from which this government now suffers." The pressure group Migrationwatch UK has argued that an amnesty on illegal immigrants would put too much pressure on council housing. Migrationwatch has also questioned the benefits brought by legal migrant workers, saying their economic benefit was equal to 4p a week for each person in Britain. Trade unions recently said migrant workers who come to the UK legally had boosted the economy. The TUC said the amount of tax paid by migrants exceeded the cost of supplying public services.

UK Immigration Legacy Cases

Legacy Cases - ILPA information sheet - April 2007

In July 2006, the Home Secretary announced that there was an asylum "legacy" of around 450,000 cases, and the Home Office would clear this legacy within 5 years. To deal with these legacy cases, the Home Office have established a separate directorate - the legacy directorate.

What is a legacy case?
A legacy case is any case where all of the following apply:

there has been a claim for asylum

the Home Office records indicate that the case has not been concluded

the case is not being dealt with by the New Asylum Model (NAM)

A claim for asylum will include a claim for humanitarian protection or discretionary leave, whether or not a claim for asylum under the Refugee Convention was made.
Cases dealt with by NAM cannot become legacy cases. Similarly, it is not possible for a legacy case to transfer to NAM. (For information on NAM please see the separate information sheet called "New Asylum Model".)

The Home Office have not provided comprehensive or clear information regarding legacy cases. ILP A is still seeking clarification from them. However, it seems that legacy cases will include:

cases where the asylum claim remains outstanding

cases where there is an outstanding appeal

cases where asylum has been refused and any appeal dismissed, but the individual remains in the UK

cases where a fresh claim for asylum has been made (a separate information sheet on "Fresh Claims" will be produced shortly)

cases where the individual has been granted some form of leave to enter or remain, but this is limited and may need to be renewed (e.g. an unaccompanied child granted discretionary leave; a person granted discretionary leave for medical reasons)

cases where the individual has been granted 5 years refugee leave or humanitarian protection and may apply for indefinite leave to remain at the end of that period

cases where the individual has left the UK but the Home Office records have not been updated

Home Office legacy directorate
It is intended that, by the summer, there will be 1,000 Home Office staff working in the legacy directorate. They will not all be caseworkers with the authority to make decisions on individual cases. The legacy directorate will work through all the legacy cases.

The Home Office will consider a legacy case concluded when the individual has left the UK or been granted leave to remain in the UK. Working through a legacy case may include dealing with an appeal to the Asylum and Immigration Tribunal. The Home Office will treat a legacy case as closed if they cannot contact the individual, but they will first make what they consider to be reasonable efforts to make contact.

Prioritizing cases
The Home Office have identified four criteria for cases, which they will prioritise. Those criteria are:

cases of individuals who may pose a risk to the public

cases of individuals who may easily be removed

cases of individuals receiving support

cases of individuals who may be granted leave to remain

However, the Home Office have said that it may be difficult for them to assess which cases are priority cases and which are not. They have confirmed they will select cases, so far as they can, according to the criteria. If a case is selected and it is found it does not fall within the criteria for prioritising, the caseworker will nevertheless work it through to conclusion.

Home Office legacy letters and questionnaires
The Home Office have been sending standard letters in response to letters or applications for further leave to remain from individuals who fall within the legacy cases. The Home Office letters have in the past simply stated that the individual's case will be concluded within 5 years. They have now confirmed that the letters will be changed. All cases will be concluded by July 2011. That is 5 years from the Home Secretary's announcement.

Receiving a standard letter does not indicate that a caseworker is actively dealing with the case. It indicates only that the case is regarded as a legacy case. The letter gives no indication when, within the period up to July 2011, the case will be dealt with. Home Office practice has been to send information on making a voluntary departure with the letter. This does not mean the individual should be expected to leave the UK.

When the Home Office select a legacy case, they send a questionnaire to the individual. This means the case is being actively dealt with by a caseworker, and will be dealt with through to a conclusion.

Legacy is not a regularization process
Some people think the legacy questionnaire indicates the Home Office have begun a new 'amnesty' exercise for granting indefinite leave to remain to people in order to clear their backlog. This is not correct. The Home Office may grant leave to remain to some individuals. However, this will only happen if the individual's circumstances meet existing criteria for a grant of leave to remain.

Asking the Home Office to deal with a case
It may be possible to ask the Home Office to treat a case as a priority. Legal advice should be sought before someone asks that their case is treated as a priority. Even if the Home Office do prioritise a case, there is a risk this results in a decision that the person should be removed from the UK.

Steve Symonds ILPA legal officer
020 7490 1553

Download the document: ILPA(Legacy).pdf

Immigration Law Practitioners' Association
020 7251 8383
steve.symonds@ilpa.org.uk
http://www.ilpa.org.uk/

ILPA Information service funded by JRCT

Source for this page: ILPA

USA Immigration bill fails massively

WASHINGTON - Thursday 28th June 2007. The Senate drove a stake Thursday through President Bush's plan to legalize millions of unlawful immigrants, likely postponing major action on immigration until after the 2008 elections.

The bill's supporters fell 14 votes short of the 60 needed to limit debate and clear the way for final passage of the legislation, which critics assailed as offering amnesty to illegal immigrants. The vote was 46 to 53 in favor of limiting the debate.

Senators in both parties said the issue is so volatile that Congress is highly unlikely to revisit it this fall or next year, when the presidential election will increasingly dominate American politics.

A similar effort collapsed in the Congress last year, and the House has not bothered with an immigration bill this year, awaiting Senate action.

The vote was a stinging setback for Bush, who advocated the bill as an imperfect but necessary fix of current immigration practices in which many illegal immigrants use forged documents or lapsed visas to live and work in the United States.

It was a victory for Republican conservatives who strongly criticized the bill's provisions that would have established pathways to lawful status for many of the estimated 12 million illegal immigrants. They were aided by talk radio and TV hosts who repeatedly attacked the bill and urged listeners to flood Congress with calls, faxes and e-mails.

Voting to allow the bill to proceed by ending debate were 33 Democrats, 12 Republicans and independent Joe Lieberman, Conn. Voting to block the bill by not limiting debate were 37 Republicans, 15 Democrats and independent Bernard Sanders, Vt. Tim Johnson, D-S.D., did not vote.

The bill would have toughened border security and instituted a new system for weeding out illegal immigrants from workplaces. It would have created a new guest worker program and allowed millions of illegal immigrants to obtain legal status if they briefly returned home.

Bush, making a last-ditch bid to salvage the bill, called senators early Thursday morning to urge their support. Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez approached senators as they entered and left the chamber shortly before the vote.

"We have been in contact with members of Congress over the past couple of days and the president has made it clear that this is important to him," White House spokesman Tony Snow said before the vote.

But conservatives from Bush's own party led the opposition. They repeatedly said the government must secure the borders before allowing millions of illegal aliens a path to legal status.

"Americans feel that they are losing their country ... to a government that has seemed to not have the competence or the ability to carry out the things that it says it will do," said Sen. Bob Corker, R-Tenn.

Sen. Elizabeth H. Dole, R-N.C., said many Americans "don't have confidence" that borders, especially with Mexico, will be significantly tightened. "It's not just promises but proof that the American people want," Dole said.

But the bill's backers said border security and accommodations to illegal immigrants must go hand in hand.

"Year after year, we've had the broken borders," said Sen. Edward Kennedy, D-Mass. "Year after year, we've seen the exploitation of workers."

After the vote, he said: "It is now clear that we are not going to complete our work on immigration reform. That is enormously disappointing for Congress and for the country."

Sen. Dianne Feinstein, D-Calif., told colleagues that if the bill faltered, the political climate almost surely would not allow a serious reconsideration until 2009 or later. It would be highly unlikely, she said, "in the next few years to fix the existing system ... . We are so close."

From the beginning, the bill's most forceful opponents were southern Republicans. GOP Sens. David Vitter of Louisiana, Jim DeMint of South Carolina and Jeff Sessions of Alabama led the charge, often backed by Texan John Cornyn.

Two southern Republicans — Lindsey Graham, S.C., and Mel Martinez, Fla., who was born in Cuba — supported it.

Also crucial to the bill's demise was opposition from three Democrats recently elected from GOP-leaning states. They were Jon Tester of Montana, Claire McCaskill of Missouri and Jim Webb of Virginia.

Sen. John Kerry, D-Mass., called the vote "a victory for fear-mongering and obstruction over a bipartisan commitment to fix our broken immigration system."

Source: Yahoo News

Bush calls for immigration bill by year's end

WASHINGTON — One day after the Senate agreed to take up the issue again, President Bush on Friday called on Congress to pass an overhaul of the nation's immigration laws by year's end. "Each day our nation fails to act, the problem only grows worse. I will continue to work closely with members of both parties, to get past our differences, and pass a bill I can sign this year," Bush said at the National Hispanic Prayer Breakfast in Washington. Bush said Americans "must meet our moral obligation to treat newcomers with decency and show compassion to the vulnerable and exploited, because we're called to answer both the demands of justice and the call for mercy."

Americans "must meet our moral obligation to treat newcomers with decency and show compassion to the vulnerable and exploited, because we're called to answer both the demands of justice and the call for mercy."

Senate Democratic and Republican leaders announced Thursday the chamber will resume debating immigration later this month. The deal to revive the bill came after a stepped-up lobbying effort by Bush, who met with Republican senators during a rare visit to Capitol Hill on Tuesday. Senate Majority Leader Harry Reid, D-Nev., had pulled the legislation from the Senate schedule, saying Republicans were trying to kill it with amendments.

Reid and Senate Minority Leader Mitch McConnell, R-Ky., tentatively agreed to limit the number of amendments that can be offered, putting the bill on track for a vote on final passage before the July 4 break. The House will begin debating immigration in July, Speaker Nancy Pelosi, D-Calif., has said.

White House spokesman Scott Stanzel said administration officials "are encouraged by the announcement from Senate leaders." Hours before Reid's announcement, the president pledged $4.4 billion for border security and enforcement of employment laws in a speech to Associated Builders and Contractors. The move was designed to win over Republican skeptics. Only seven of Bush's fellow Republicans supported the immigration bill in a key vote last week.

In the days since, Bush has pressured senators to support the most sweeping rewrite of the nation's immigration laws in more than two decades. The bill would beef up security along the border, increase penalties for hiring illegal aliens, expand opportunities for foreigners to work in the USA and, for the first time, make job skills a factor in determining who may immigrate. The most controversial provision would give an estimated 12 million illegal immigrants a chance at citizenship. White House spokesman Tony Snow said the funds for border security would come from fines and penalties assessed against illegal immigrants under the bill.

Rep. Duncan Hunter, R-Calif., a presidential candidate and bill critic, accused Bush of backing "amnesty fees" and the administration of stalling construction of a U.S.-Mexican border fence "until the president gets his amnesty bill."

Immigration Directorate Instruction- Chapter 18- Long Residence

There is a popular myth that if you have lived in the UK 'illegally' for 14 years or have been here lawfully for 10 years you are entitled to stay. Not so, there are many legal provisos.


Below is the Home Office mandatory instructions relating to Long Residence (10 years lawfully, 14 years 'illegally').


+++++++++++++++++++++++++++++++++++++++

Immigration Directorate Instruction- Chapter 18- Long Residence


Process Guidance to caseworkers on applying paragraphs 276A-276D of the Immigration Rules.


Implementation Date 2 April 2007

Contains mandatory instructions

For Action Author
All Caseworkers, Senior Caseworkers and above in Managed Migration Directorate. All staff in Enforcement and Removals Directorate.

For Information Owner
Presenting Officers, Port staff.

Contact Point

Processes Affected

Consideration of applications under the Long Residence Rules

Assumptions

Immigration Directorates' Instructions

Long Residence

Contents
1. #Introduction

1.1 #Background

2. #Guidance- General

2.1 #Continuity of Residence

2.1.1 Residence in the United Kingdom
2.1.2 Time spent here while exempt from Immigration Control 2.1.3 Time spent out of the United Kingdom
2.1.4 Time spent in prison

2.1.5 Events that "stop the clock" for the purposes of the 14- year Rule 2.2 #Lawful Residence

2.2.1 Time spent awaiting the outcome (or appealing against the refusal) of an in-time application, or appealing against a decision to curtail leave.

2.2.2 Treatment of Temporary Admission 2.2.3 Time spent here under EEA law

2.3 #Deciding whether to grant leave 2.4 #Treatment of dependants

3. #Indefinite Leave to Remain as a long resident 3.1 #Knowledge of life in the UK
3.2 #Granting indefinite leave to remain

3.3 #Refusal of indefinite leave to remain 3.4 Granting indefinite leave to enter ( #ILE)

4. #Statistics

#Annex A- Refusal formulae

1. Introduction
The Rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. Paragraphs 276A-D of HC 395 as amended by HC 538 allow settlement to be granted after a period of 10 years continuous lawful residence, or 14 years continuous residence of any legality.

1.1 Background
Until April 2003 there was no provision in the Immigration Rules for a person to be granted indefinite leave to remain on the grounds of long residence. The long residence concession allowed for a discretionary grant of settlement after 10 years continuous lawful residence or 14 years continuous residence of any legality, provided there were no serious countervailing factors.

Under the provisions of the Nationality, Immigration and Asylum Act (NIA) 2002, which came into effect in April 2003, there is no right of appeal against refusal for those seeking leave to enter or remain under concessionary arrangements. As a consequence the long residence concession was brought within the scope of the Immigration Rules from 1 April 2003.

2. Guidance - General

2.1. Continuity Of residence

2.1.1 Residence in the United KingdomThe United Kingdom consists of Great Britain and Northern Ireland (Interpretation Act 1978). Therefore, time spent in the Republic of Ireland, Channel Islands or the Isle of Man does not count as residence in the UK for the purpose of the long residence rules. This is the case even though those three entities form part of the Common Travel Area.


2.1.2. Time spent here while exempt from Immigration Control
Where a person has spent time in the UK as a person who is exempt from immigration control (e.g. as a diplomat or member of the Armed Forces), that time should be counted as lawful residence.
Where the applicant has left the UK following a period of exemption, he may be unable to meet the definition of continuous residence even if he returns within 6 months, because he may not have had leave when he left. Furthermore, even if he was granted a period of leave following the end of his period of exemption, that may not have been long enough to cover the period of departure and return (see paragraph 2.1.3 for further details). Nevertheless, in either case (i.e. both when he left the UK after a grant of leave and when he was not granted leave), provided that all other requirements of paragraph 276A(a) are met, his continuity of residence may be treated as if it were unbroken.

For further guidance see Chapter 14 section 1 of the IDIs- Persons Exempt From Control.


2.1.3 Time Spent Out of the United Kingdom
Continuity of residence should be considered to have been broken if the applicant has spent a total of more than 18 months absent from the United Kingdom during the period in question.
Subject to that, continuity shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant has existing limited leave to enter or remain upon his departure and return.


To benefit from this, an applicant must have current leave covering the whole of the period spent out of the country and will have been readmitted, on return from his absence, to continue that period of existing leave. A person who leaves the UK when one period of leave expires, and comes back with a fresh grant of leave, will not be resuming his continuous residence, but will instead be starting a new period of residence in the UK.

If the applicant was here with a right to reside under the EEA Regulations when he left the UK, and was readmitted under the EEA Regulations, then his residence may be treated as continuous (provided that his total absences do not exceed eighteen months and no individual absence exceeds six months).

Sources from which evidence of the applicant's absences may be obtained include the application form and any stamps in his passport that indicate that he has spent time outside the UK.


2.1.4 Time spent in prison
A sentence of imprisonment breaks any period of continuous residence the individual may have had before it was passed. The same applies to any other custodial sentence imposed by a court, such as detention in a Young Offender's institution or detention in hospital. The effect of continuous residence being broken in this way is that none of the time spent in the UK before the individual was sentenced will count as continuous residence.
However a suspended sentence does not break continuous residence. Furthermore, detention in hospital only breaks continuous residence if it was imposed as a sentence for an offence.


2.1.5 Events that "stop the clock" for the purposes of the "14-year" Rule
Paragraph 276B(i)(b) allows ILR to be granted where the applicant has had 14 years' continuous residence here (whether or not the residence was lawful), excluding any period following the service of:

a notice of liability to removal; or

a decision to remove by way of Directions under paragraphs 8 to lOA, or 12 to 14, of Schedule 2 to the Immigration Act 1971, or section 10 of the Immigration and Asylum Act 19991; or

a notice of intention to deport (also known as a Notice of a decision to make a deportation order).

1 These notices include Forms IS151A (part 2), IS151B (used when an asylum or human rights claim has been refused), IS151B (NSA) (used in NSA cases) or IS151B(CERT) (used where an asylum or HR claim has been refused and certified under s96 of the Nationality, Immigration and Asylum Act 2002.


Service of any of the above notices "stops the clock" for the purposes of paragraph 276B(i)(b). This means that, if the applicant had not accumulated 14 years' continuous residence by the time the "clock stopping" notice was served, he will never be able to qualify under paragraph 276B(i)(b).


A "notice of liability to removal" is given on either form IS151A (served on illegal entrants and those liable to removal under SlO of the 1999 Act) or form IS85A (notice to a crewmember liable to removal).


2.2. Lawful Residence
2.2.1 Time spent awaiting the outcome (or appealing against the refusal) of an in-time application, or appealing against a decision to curtail leave.

Sections 3C and 3D of the Immigration Act 1971 both extend individuals' leave in certain circumstances.

Section 3C extends leave where a person with limited leave to enter or remain makes an in-time application, but their leave expires before a decision on that application is reached. Where a person has 3C leave, and his/her application is refused, 3C leave continues until appeal rights are exhausted.

Section 3D of the 1971 Act applies when we curtail somebody's leave. The curtailed leave is replaced with 3D leave, which continues until appeal rights are exhausted.
Please see Chapter 1 Section 5 of the IDIs for further information about 3C and 3D leave.

Both 3C and 3D leave count as "existing leave to enter or remain in the UK", and therefore as lawful residence for the purpose of the lO-year Rule.

What to do if the applicant reaches the ten-year threshold while he has 3C or 3D leave
It is not possible to make a fresh application for leave while you have 3C or 3D leave. This means that someone who reaches the ten-year threshold while he has such leave will not simply be able to apply for ILR.

If the application that gave rise to the 3C leave has not yet been decided, then the applicant may vary that application to include a request for leave on the grounds of long residence. If a long residence application would attract a higher fee than the initial application, the applicant will need to pay the balance before the varied application can be considered.


Presenting Officers and national asylum model caseowners should consult their Directorate's Operational Guidance for advice on what to do if an appellant with 3C or 3D leave reaches the ten-year threshold during the appeals process.


2.2.2 Treatment of temporary admission
Temporary admission (T A) only qualifies as lawful residence if leave to enter or remain is subsequently granted.

Example: Mr C applied for leave to enter at Port in 1995. He was granted TA. In 2003, he was granted four years' Leave to Enter. In 2007, he applied for ILR under the "10 years' lawful residence" rule.


Mr C will qualify under Rule 276B(i)(a). The grant of leave he received in 2003 means that the time he spent on Temporary Admission between 1995 and 2003 counts as lawful residence, meaning that he has been here lawfully for twelve years.


2.2.3 Time spent in the UK with a right to reside under the EEA Regulations
Applications may be received from third country nationals who have spent part of their time in the United Kingdom as the spouse, civil partner or other family member of an EUIEEA national exercising their treaty rights to reside here, but who have not been able to qualify for permanent residence. Alternatively, we may receive applications from former family members who have had a retained right of residence (see Chapter 5 of the European Casework Instructions for more details).

During their time here under the provisions of the EEA Regulations, the individuals would not have been subject to immigration control and would not have required leave to enter or remain. Therefore, they would not fall within the definition of "lawful residence" given at paragraph 276A.

However, the family members of EU/EEA nationals exercising their treaty rights to reside in the UK are here in a lawful capacity. Provided they meet all of the other requirements, discretion may be exercised to count this time as if it were lawful residence.

This does not affect the rights of family members of EEA nationals to permanent residence in the UK where they qualify for it under Regulation 15 of the Immigration (European Economic Area) Regulations 2006.


2.3. Deciding whether to grant leave
It is important to remember that possession of the required period of continuous residence in the UK does not entitle the applicant to a grant of leave, but only to be considered for a grant. Whether leave is granted or not is a matter of judgement.

That said, the general rule is that a person who satisfies the appropriate continuous residence requirement should normally be granted ILR, unless a grant would, in all the circumstances of the case, be against the public interest.

Caseworkers should therefore not refuse leave to someone who has been in the UK for the required period without consulting a Senior Caseworker.

It is important that all the circumstances of the case are taken into account before a final decision is made.

Paragraph 276B(ii) of HC395 sets out a number of points which should be considered in all cases. This guidance provides further advice on some of those points.


Personal history, including character, conduct, associations and employment record
"Character, conduct and associations" goes beyond criminal convictions and enables the caseworker to consider whether anything we know about the appellant's activities in the UK or abroad makes it undesirable for us to grant ILR.

This could include concern about the applicant on the basis of national security, war crimes, crimes against humanity, serious criminality (whether convicted or not) or other activities that make the applicants presence in the UK not conducive to the public good.

A history of anti-social behaviour or low level criminality, especially if it has led to the issue of an ASBO, or the applicant's having signed the sex offenders register might be grounds to refuse ILR.

The applicant's employment record will often be a significant consideration. The main purpose of the two Long Residence rules is to enable people who have been working here, or otherwise contributing to the economy, to regularise their position. Therefore, caseworkers need to consider what the person has been doing while here, and what economic contribution, if any, he has made. It will not normally be in the public interest to grant ILR under these Rules to someone unless he has been economically self sufficient for a significant period of the time he has spent here

A person's conduct includes his or her immigration history. This will not be relevant in most cases brought under the ten-year Rule, because the requirement that residence be lawful implies that the applicant is not an immigration offender.

However, immigration history is relevant to the fourteen-year Rule. Clearly, it would not be appropriate to refuse leave on the grounds of conduct simply because the applicant is an overstayer or illegal entrant, as that would defeat the purpose of the Rule. However, the Rule is not intended to reward people for their success in evading, or failing to cooperate with, the immigration control. Therefore, any deliberate or blatant attempts to circumvent the control, e.g. by absconding, contracting a marriage of convenience or using false documents (this is not an exhaustive list) may well mean that it is not in the public interest to grant leave.

Previous criminal record and the nature of any offence of which the person has been convicted

Where the applicant has a history of criminal activity, caseworkers should always consult a Senior Caseworker who may, in turn, seek advice from the Criminal Casework Directorate.

Convictions that are "spent" under the Rehabilitation of Offenders Act 1974 should not be taken into account.

Remember that a sentence of imprisonment or detention breaks the applicant's continuous residence in the UK (see paragraph 2.1.2 of this guidance). Therefore, anyone who has been imprisoned is likely to find it difficult to meet the requirement of having ten or fourteen years' continuous residence in the first place.

Compassionate circumstances
It is not possible to define a "compassionate" circumstance, but it might, depending on the circumstances, include such things as significant or serious illness, frailty or particularly difficult family circumstances.

Compassionate circumstances are most likely to be relevant if:

The applicant has been here for long enough to qualify for ILR (i.e. for 10 or 14 years); but

There are other factors (e.g. criminal convictions, or a bad immigration history) that suggest that a grant of leave might not be appropriate.

Caseworkers will need to weigh those factors against the compassionate circumstances (if any) and all the other circumstances of the case, and then decide whether a grant of ILR would be against the public interest.

2A Treatment Of Dependants

There is no provision within the rules on long residence for the dependants of a main applicant to be granted in line. Each individual member of a family must qualify under the long residence rules in his own right.

Where one member of the family qualifies under the long residence rules, but his spouse or civil partner and/or children do not, then the family members will need to apply under the relevant categories of the rules relating to the spouses, civil partners and dependant children of persons present and settled in the UK.

3. Indefinite Leave To Remain As A Long Resident
The requirements to be met by a person seeking indefinite leave to remain on the basis of long residence are set out in Paragraph 276B of HC538 and must be referred to when reading the following guidance.

3.1 Knowledge of life in the UK
Everyone who applies under the Long Residence Rules after 2 April 2007 will have to show that he has sufficient knowledge of the English language, and of life in the UK before qualifying for ILR.

The IDI on Knowledge of Life in the United Kingdom provides further important information about this requirement. This includes advice on:
the methods by which an applicant can show that s/he meets it; and
details of the limited leave that should be granted to most applicants who meet all the other requirements of the Rules, but who fail to satisfy the Knowledge of Life requirement.

3.2 Granting indefinite leave to remain
Where all of the requirements of paragraph 276B are met the applicant should be granted indefinite leave to remain.

3.3 Refusal of indefinite leave to remain
Where the requirements of paragraph 276B are not met and the decision has been made with reference to Annex A, the applicant should be refused indefinite leave to remain.

Annex A provides examples of refusal formulae.

3.4 Granting Indefinite leave to enter

It should be noted that there is no provision in these Rules to grant indefinite leave to enter on the basis of long residence. This means that a person who has not technically entered the UK (e.g. because s/he has been on Temporary Admission) cannot qualify under the Rules. However, where such a person meets all the other requirements of Rule 276B, discretion should normally be exercised to grant him or her Indefinite Leave to Enter outside the Immigration Rules.

As such a grant will be made outside the Rules, it does not have to be made by an Immigration Officer, but can be made by someone acting on behalf of the Secretary of State.

4. Statistics
6A Long residency - sett 10/14 yrs

X7 Refusal - ILR premature or inappropriate application

X8 Refusal - ILR other than husband and wife, no extension granted

Annex A

Refusal Formulae
You have applied for indefinite leave to remain on the basis of your long residence in the United Kingdom but your application has been refused.

In view of [ ] the Secretary of State is not satisfied that you have had at least 10 years continuous lawful residence in the United Kingdom.

Paragraph 276D with reference to paragraph 276B(i)(a) and [276A ... ]
In view of [ ], the Secretary of State is not satisfied that you have had at least 14 years continuous residence in the United Kingdom.

Paragraph 276D with reference to paragraph 276B(i)(b) and [276A ... ]

You have applied for indefinite leave to remain on the basis of your long residence in the United Kingdom but, in the light of.. 00.00.00.00.00.00.00.00.00.00.00' the Secretary of State has concluded that it would not be in the public interest for you to be given indefinite leave to remain.


Paragraph 276D with reference to paragraph 276B(ii)

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Amnesty Debate in Westminster Hall on Wednesday 20th June 2007

Migrant Workers (Regularisation)

Westminster Hall - Wednesday 20 June 2007 Column 439WH

[Mrs. Janet Dean in the Chair]

Jon Cruddas (Dagenham) (Lab): Just to clarify any confusion about the title of the debate, initially it was put down as the Registration of Migrant Workers, but it has been clarified to focus on the regularisation of unregularised migrants. The two titles mean very different things, so I just wanted to make clear my focus in this debate from the outset.
By one of those coincidences, I was made aware that our request for a debate about regularisation had been successful just after I had accepted an invitation to participate at 10 o'clock this morning in my constituency in a refugee week event with John Armitage, from the diocese of Brentwood, who has been a leading advocate of the regularisation campaign throughout. Unfortunately, I cannot make the event today, but the campaign's work in our constituency to support refugees or unregularised migrants is humbling to witness as a local MP. - FULL DEBATE

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Changes to slightly expired student visa wef 1st July, 2007

Have other students received these circulations from the University office dealing with immigration?

Currently if a students VISA for the UK has expired when an application for Further Leave to Remain as a student is made, it will be considered as long as the expiry date does not exceed six months, although the applicant loses the right of appeal.

From July 1st 2007 this rule has been changed.

If a students VISA has expired for more than 28 calendar days, the application will automatically be refused and the applicant eligible for removal from the country.

This will mean:
1 You will be returned to your home country and you will lose the application fee
2 You will be charged for the flights and any other costs involved
3 You will have to pay to make an out of country application

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Please inform your family and friends of this change.

"IMPORTANT INFORMATION FOR ALL VISA APPLICANTS"
PLEASE NOTE THE NEW COMMERCIAL PARTNER & NEW LOCATION FOR ALL UK VISA APPLICATIONS - IN KENYA.

On 11 July 2007,VFS GLOBAL SERVICES LIMITED will take over as the British High Commission's commercial partner, handling all visa applications. From this date, all visa applications must be made at the new Visa Application Centre,(VAC). This is located at:

"Geomaps Centre"
6th Floor
Matumbato Road
Upper Hill
Nairobi.

Temporary closure of visa services: 5th-10th July 2007

To facilitate the change of commercial partner, a restricted visa service will operate between 2nd-4th July and 11th-20th July 2007.

Visa applications will be available shortly on the visa pages of the British High Commission website - ww.britishhighcommission.gov.uk/kenya

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Important Information for International Students

The Home Office have released information that from 2nd July 2007 they intend to automatically refuse anyone who overstayed for 28 calendar days or more before making their application. This means that you MUST apply for a new visa before your current one expires.

If your visa becomes out of date for more than 28 days you will not be able to make your application in the UK and will be expected to return home immediately to reapply for Entry Clearance. You should be aware that letting your visa run out could also have a negative effect on whether you will be allowed a visa for the UK again.

Please check your visa for the date of expiry and make sure that you start the process for applying at least 6-8 weeks before expiration. The International Student Support Service can help you with your application (including sending it to the Home Office for you) you can find out how to go about this visiting our Extending your stay in the UK page

Please be aware that the ISSS gets extremely busy with visa applications, especially during the peak months of October and January, so remember to book a few weeks in advance as you may need to wait for an appointment

If your visa has already expired or will expire within the next 2 weeks please book an appointment with an International Student Adviser as soon as possible by ringing, or visiting Student Services Reception, their number is 01443 482080.

If your visa has been expired for more than six months, it is imperative that you seek specialist immigration advice. Visit the Immigration Advisory Service for further information.

Further details about this ruling have not yet been released and there is not yet any information on the Home Office website. As soon as we have any further information we will post it here.

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mmigration shake-up in the UK in year 2008

A new points-based system aimed at restricting immigration to the UK

A new points-based system aimed at restricting immigration to the UK to those with skills in demand will start in the new year, it has been confirmed. Immigration minister Liam Byrne unveiled the timetable on a visit to Australia, which uses a similar system. Writing in a pamphlet due out later this month, Mr Byrne also warned uncontrolled migration could damage the poorest communities. Migration made the UK richer but had also "unsettled the country", he wrote. "The political risk for any government is that if you fail to solve this paradox you could lose your job," wrote the minister. "Migration has to support Britain's national interests," he said, later adding that the government wanted more robust control of borders but "not a barricade". Boosting standards in schools became harder when the population of children with English as a second language increased substantially, added the minister.  He cited a school in his own Birmingham constituency which had seen the number of non-English speakers rise from 5% to 20% in a year.  "It is true that a small number of schools have struggled to cope, that some local authorities have reported problems of overcrowding in private housing and that there have been cost pressures on English language training, but the answer is in action that is simultaneously firm and fair."

The Home Secretary wants incomers to bring skills to the economy

The system, under which would-be migrants would need to amass a sufficient number of points according to their skills and any sector gaps in the UK, was first announced by Home Secretary John Reid last year.  It will replace more than 80 routes of entry to the UK with five tiers for workers with different levels of skills.  A new Migration Advisory Committee will be set up to advise ministers on where migration might sensibly fill gaps in the labour market.  The first tier, for highly-skilled migrants such as scientists and entrepreneurs, will be launched at the beginning of 2008.  It will be followed later in the year by the new tiers for skilled workers like nurses, teachers and engineers with job offers, temporary workers and young people on working holidays. A further tier for students will follow at the beginning of 2009. A system of sponsorship by employers and educational institutions to ensure compliance with the immigration rules is being introduced at the beginning of next year. The UK Independence Party described the government's proposals as "pointless". The government's plan to introduce a points system for granting UK visas was described today as "pointless". UKIP chariman John Whittaker said: "The points system would work if it assessed applications for everyone who wants to live in Britain. "But Mr Byrne's system will have no effect either on illegal immigrants or people coming here from the European Union."

Winners and losers in points bid

Under the Australian system of immigration, points mean prizes. If you presently earn a living as a taxidermist stuffing dead animals, you are 40 points closer to getting the opportunity to work down under. Better still, if you treat live animals as a qualified veterinarian, you get 60. If you are eligible still to go on a Club 18 to 30 holiday, you can bag another 30. But cross the 40 threshold and you only get 15. Nudge past 44 and you are completely ineligible for a skilled work visa. Fluency in one of Australia's community languages wins you another five. A capital investment in Australia or work experience here yields the same number. To enter this cricket-obsessed country as a skilled migrant, the ultimate aim is to score over a century. The current pass mark is 120 for independent applicants and 110 for family sponsors. Then, if you pass the necessary health and criminal checks, the way is clear to start living the Australian dream. Transparent, fair, rigorous and designed to suit the needs of the economy. No wonder the UK government has decided to craft its own system, which will become operational next year, on the Australian model. UK immigration minister Liam Byrne even went as far as to unveil the timetable after a photo opportunity at Sydney Airport, half a planet away from Westminster.

Things to be even harder over US work permits

By Peter Makori - (The author lives in Columbia, USA)

The future of Kenyan immigrants working in various sectors of United States without work permit hangs on the balance as the State Department of Homeland Security and immigration has embarked on a system of flushing out illegal or undocumented immigrants for deportation.

Several States, especially in the Midwest and the West Coast have reported a large number of arrests of illegal immigrants working in food stores and meat processing factories. Their employers are not spared either if they are found to have knowingly employed the immigrants in their illegal status. Those arrested face huge fines and are later on deported for contravening US immigration rules.

The Congress of United States remains divided on a proposal by President George Bush to provide what he calls ‘guest work permits’ for the large immigrants who are working in the country illegally. Under the ‘guest worker program’, all immigrants who have been living and working in the country illegally for the last five years and above will be granted temporary work authorization for a period of 5 to 10 years.

But Bush is facing opposition from conservative hardliners in his own Republican Party. A number of Republican Senators and Congressmen claim that the program if adopted would lead to the undocumented immigrants getting green cards and become legitimate for work in the US. Equally opposed to this idea is a number of ordinary Americans who feel illegal immigrants should be kicked out as they had become a menace in the country.

The issue of illegal immigration has become emotive and highly political in America. Congress is divided down the middle on what to do with the large number of immigrants in the country. There are about 12 million undocumented immigrants coming from all over the world. American citizens, especially those at the border of Mexico along the expansive Texas boarder have created communal ‘vigilantes’ who have resorted to armed patrol of the boarder to check on the large number of Mexicans sneaking into the country in search of jobs.

There is a growing worry among low class Americans that should the government not control the influx of immigrants into the country, the job market will experience serious strains leading to shortage of jobs for the American youth.

It is against this growing concern that Congress authorized the US Treasury to release millions of dollars for the construction of a fence along the Mexican boarder but this effort has‘ still proved ineffective. America is an expansive country. Due to its huge and porous boarders, Mexicans from the South either swim through the Pacific Ocean into mainland. Some also scale the long wall fence and find their way into various food stores where they access menial jobs for survival.

Apart from Mexicans, various nationals from Latin America where the economies and politics are unstable such as Honduras, Cuba, Brazil, Guatemala, El Salvaldor, Jamaica, Nicaragua, Columbia, Costa Rica, Peru, Uruguay, Bolivia, Panama, Haiti and many others stream to America in search of jobs.

The immigrants who took to the streets last year to demand citizenship claim that they only engage in dirty jobs which Americans don’t do under any circumstances and therefore the issue of straining the employment sector does not arise.

But the country is dealing with all sorts of problems brought in by the immigrants. For instance, Nigerians have been accused of all manner of fraud to be found in America while the Latin Americans are notorious drag peddlers. Banking institutions, especially bank of America have bone the blunt of the Nigerian scams. Indeed, Nigeria presents the darkest image of Africa in the United States today.

Impatient with the federal government’s speed to implement tough immigration rules, various States have embarked on the formulation of new immigration rules that empower State police to arrest and deport illegal aliens. States such as Missouri, Kansas, Chicago and California have already formulated tough immigration rules which have enabled local police to zero in on the illegal immigrants working in various sectors. The rules also empower the immigration to prefer tough penalties on employers who are found to have employed the immigrants knowing that they were illegally in the country.

Those affected by this new trend are Kenyans who visited the States under student visa but fell out of status sooner as they were unable to sustain themselves in colleges due to hardships in paying school fees. Paying school fees in America is one of the most challenging problems that Kenyan students face as their parents hardly send them fees. Instead, the students are the ones pressured to send money back home and spare some for their fees and food.

Recently, a Kenyan student whose parents sent him without fees or cash for food found himself in the streets of Arizona as he could not report to school or afford the most basic fundamentals of life. Many Kenyan students are facing harshest realities in America today. Since the September 11 terrorist attack in that changed US, life for immigrants has been terrible. With political temperatures rising ahead of America’s presidential elections, candidates are routinely questioned by their prospective voters to state specific immigration policies they will pursue should they be elected.

Republicans appear to score high on this. Democrats are rather liberal and tend to pursue policies that promote the good of all. Either way, immigrants are facing uncertain future. Education in America remains highly expensive. Unless one is on government scholarship, life can be full of frustration.

Many Kenyan students have found themselves between remaining in college but risk failing to meet various domestic obligations especially paying rent, electricity and other essential bills and abandoning school altogether to chase menial jobs to remain relevant in America. Some of them split the time of their studies from the previously intended say four year degree course and ends up taking as many as 15 years and even more.

The better option is always to drop out of school to work in retire homes or ‘nursing homes where they take care of old age men and women. Here they are paid between $ 7 and 10 dollars an hour depending on the period one has worked the State. This money is subject to compulsory taxation. Other challenges facing immigrants in America include systemic isolation from all sides. While the American Whites are accused of racial segregation, Africans who have acquired status either through marriage or green cards isolate their fellow Africans who have not acquired residence status.

Recently, a group of misguided racial proponents descended the State of Missouri where they carried placards calling for the chasing away of black and coloured people. The hooligans accused University of Missouri in Columbia City of being a haven of ‘illegal races’ in America. These neo-Nazis embrace the Nazi culture of racial hatred and segregation. Tension was high and some African and Asian students felt highly intimidated. Due to traditionally held perception that America is full of money, many students are forced to drop out of school to work for at least 16 hours a day in order to raise funds for domestic use and also send more home. Going to school becomes a luxury that one cannot afford.

With the immigration tightening its noose and Americans becoming more and more aware of the situation ahead, immigrants from poor countries will have to think twice before coming to America, the land of stress.

The author lives in Columbia, USA.

Big immigrations changes are coming in the UK as from 1st April, 2007. Among the changes are the application fees. Indefinite Leave to Remain by post goes up from £335 to £750. If you take yourself for Indefinite Leave to Remain at their home office the fees goes up from £500 to £950. Settlement visa goes up from £260 to £500. Nationalisation goes up from £200 to £575. Click the link for more.  Proposed new fees effective from April 2007

UK Home Office to be split into two

The Home Office will be split into two separate departments for security and for justice in the next six weeks. The Department for Constitutional Affairs will take control of probation, prisons and prevention of re-offending and be renamed the Ministry of Justice. The slimmed down Home Office will then be left to concentrate on dealing with terrorism, security and immigration. Tories say it will "compound" problems, while ex-home secretary Charles Clarke called it an "irresponsible decision". John Reid's slimmed-down Home Office will absorb counter-terrorism strategy from the Cabinet Office, with the creation of an Office for Security and Counter-Terrorism. There will be 350 Home Office staff working on the counter-terrorism strategy - an increase of 150. Mr Reid said the changes were needed to meet the changing threats. "Along with the fight against crime and anti-social behaviour, the Home Office will be re-focused towards the challenges of today's world, and focus on the priorities of today's people."

Asylum Amnesty in Holland. Dutch MPs back immigrant amnesty. The newly-elected Dutch parliament has approved a motion demanding a general pardon for thousands of failed asylum seekers who arrived before 2001. The vote is seen as a reprimand to the outgoing centre-right government, which had ordered them to be expelled. It is a sign of the shift in Dutch politics from the right to the centre. Political parties in the Netherlands are still trying to form a governing coalition, after elections last week failed to produce an outright winner. The slim majority - 75 in favour of a general pardon and 74 against - came in the parliament's first session since the 22 November general elections. The outgoing government had ordered the expulsion of 26,000 rejected asylum seekers. Prime Minister Jan Peter Balkenende's Christian Democrats won the most seats in the elections and he is expected to form a new government. But his coalition with the Liberal Party does not have enough support for its tough immigration policies. Immigration Minister Rita Verdonk said allowing rejected asylum seekers to stay would be an invitation for immigrants to come to the Netherlands. The outgoing cabinet faces an unusual political dilemma. If the right-wing immigration minister snubs the motion for an amnesty she could face a no-confidence motion from the left. 

The Queen's Speech includes a new Border and Immigration Bill. What will it contain? When John Reid took over as Home Secretary in May the first item in his in-tray was immigration, and especially sorting out the scandal of foreign prisoners who had not been deported after serving their sentences. The fiasco cost his predecessor, Charles Clarke, his job and Mr Reid knows immigration is an area which both the Conservatives and the media keep a close eye on. So it is not surprising he has put before Parliament a Border and Immigration Bill, which seeks to tackle loopholes through which illegal immigrants enter the country and speed up the process of deporting criminals. A vivid example was reported on Monday when a gang of violent street robbers were jailed for a series of attacks in London. Judge Witold Pawlak ordered they be deported after serving their sentences and told them: "Your continued presence in the UK is a real threat to the public." But in the past there have been mistakes with ensuring that such dangerous criminals are kicked out of the country when they come out of jail.

Illegal immigration is to be targeted by the Bill

Reform of IND

In one case a judge even said he was not going to bother ordering someone's deportation because he had no confidence in it being carried out. As part of the new bill Mr Reid plans to reform the much-criticised Immigration and Nationality Directorate (IND). He also plans to improve data-sharing between the IND and HM Revenue and Customs. He said the legislation would also make it absolutely clear there should be an "automatic presumption" that foreigners who commit serious crimes would be deported. The bill also proposes streamlining the appeals system to speed up deportations. It will create a new category for people who are claiming asylum but have committed serious crimes. This is a response to the case of several Afghans who claimed asylum after hijacking a plane and landing at Stansted airport in Essex. The hijackers won an appeal against deportation and were given the right to stay in Britain.

Powers of arrest

Under the new bill such people - or others who have committed offences while awaiting a decision on their asylum application - would be barred from access to jobs, housing and benefits. The new legislation will also give immigration officers the power to arrest people. At present they need to call on police to help them detain suspected illegal immigrants. Immigration officers will also get more powers to seize cash and assets belonging to human traffickers. The legislation will also extend the use of biometrics - such as fingerprints - from foreign nationals. The government says biometrics help them keep track of people abusing the system.

Plans to combat terrorism, crime and anti-social behaviour will dominate Tony Blair's final months in office. Tackling climate change and reforming pensions will also be key parts of the Queen's Speech programme of 29 bills for the coming Parliamentary session. There will also be moves to strengthen border controls, prevent illegal working and push ahead with ID cards. But Conservative leader David Cameron accused Mr Blair of using the "politics of fear" to cover up "hollow" plans. Mr Cameron told MPs it had all been heard before, saying it was "so depressing that people might think the chancellor has already taken over". Mr Cameron attacked Mr Blair's record on criminal justice, pensions, security the NHS and immigration. "The tragedy of this prime minister is that he promised so much and he has delivered so little," Mr Cameron told MPs. He said the prime minister had "given up on the causes of crime" in favour of "eyecatching initiatives that last as long as a news bulletin". The government's priorities were set out earlier in Parliament by the Queen amid the traditional pomp and ceremony.  The Queen told MPs and peers: "At the heart of my government's programme will be further action to provide strong, secure and stable communities, and to address the threat of terrorism. "My government will put victims at the heart of the criminal justice system, support the police and all those responsible for the public's safety and proceed with the development of ID cards."

Environment

In what it is describing as an "ambitious" Queen's Speech for the "aspiring majority", the government says it will push ahead with plans to implement the Turner report on pensions. These include restoring the link with earnings - a move welcomed by the Conservatives. On the environment, the government will commit itself by law to a long-term goal of a 60% cut in carbon emission by 2050 and an independent panel to monitor progress. Tory leader David Cameron said he hoped it would be a "proper bill and not a watered down bill" with annual targets, something the government has so far ruled out. On Lords reform, ministers pledge to continue seeking a cross-party consensus before coming up with new legislation. But they remain committed to abolishing the remaining hereditary peers and holding a free vote on the composition of the second chamber.

Also included are plans to:

• Extend road pricing schemes
• Give new powers to London's mayor
• Scrap the Child Support Agency
• Reform regulation of human embryology
• Tighten regulation of estate agents

But as in recent years, it is the Home Office that will have the heaviest workload, with eight separate bills referred to in the programme. Sentencing reforms could see criminals caught red-handed lose the right to have their sentences cut by a third if they plead guilty, and tougher sentences for violent prisoners.  Police will also be given the power to throw home-owners out of their properties within 48 hours for committing anti-social behaviour.  Officers will also get new powers to seize criminal assets, in a fresh crackdown on organised crime.

Terrorism

The immigration measures are expected to put into practice the plans unveiled in the summer for tighter immigration controls and firmer action against employers who use illegal immigrant labour.  On terrorism, no new bills were unveiled but the government said it would legislate to fill the "gaps" identified by Home Secretary John Reid's review of current capabilities and resources, "taking into account lessons learned" from the alleged airline terror plot last summer.  Some ministers are said to be in favour of a new attempt to allow the detention of terrorism suspects for up to 90 days, before they are charged.  Last year, a combination of Tory, Liberal Democrat and rebel Labour MPs defeated the government amid civil liberties fears, and pushed through a 28-day limit instead.

Crossrail

There are also plans to abolish jury trials in complex fraud cases.  An amendment from the abandoned Mental Health Bill is likely to permit people with severe personality disorders to be given compulsory detention and treatment.  In addition to the new measures unveiled, three bills have been carried over from the last session, covering welfare reform, corporate manslaughter and Crossrail.  The session is scheduled to last until next November, and as Mr Blair has said he will stand down by next September, it will be his last one in office.

Full text of Queen's Speech

The Queen outlines the government's plans

Here is the full text of the Queen's Speech delivered on 15 November 2006: in London.

Here is an at-a-glance list of the 25 bills and four draft bills outlined in the 2006 Queen's Speech:

Border and Immigration Bill

Increases powers of immigration officers - including cash seizures - and capacity to take biometric details of foreign nationals.

Child Support Bill

Replaces the Child Support Agency with a new body. Covers the whole UK.

Climate Change Bill

Sets out measures to cut emissions of carbon dioxide by 60% by 2050. Also establishes an independent Carbon Committee to oversee this.

Concessionary Bus Travel Bill

Gives free off-peak travel for over-60s and disabled people on local bus services in England.

Consumers, Estate Agents and Redress Bill

Sees the National Consumer Council, Energywatch, Postwatch and the National Consumer Council will be joined. Estate agents will have to keep records, for inspection by the Office of Fair Trading. They will also have to join a redress scheme. Applies to the whole UK, with certain exceptions.

Corporate Manslaughter Bill

Would create a specific offence of corporate manslaughter, which would make it easier for prosecutions of companies. Carried over from the last session, and has been in the pipeline for years. Applies to the whole UK.

Criminal Justice Bill

Creates an offence of possessing violent pornography and creates new powers to tackle anti-social and violent behaviour. Primarily covers England and Wales.

Crossrail Bill

Gives necessary powers to build Crossrail, a railway stretching east to west across London.

Digital Switchover Bill

To ensure elderly and disabled viewers can make the switchover from analogue to digital television.

Exchanges and Clearing Houses Bill

Enables the Financial Services Authority to veto regulatory changes made by UK-recognised investment exchanges and clearing houses.

Fraud Bill

Enables trials to be held without a jury in "serious" fraud cases, where this is agreed by a High Court judge. Applies to England, Wales and Northern Ireland.

Further Education and Training Bill

Proposes streamlining the Learning and Skills Council and giving it more powers to intervene where colleges and principals are unsatisfactory. The bill applies mainly to England, with measure-making powers for the Welsh Assembly.

Greater London Authority Bill

Transfers powers and responsibilities the London mayor, including those relating to staging the 2012 Olympics, providing homes and combating climate change.

Justice and Security (Northern Ireland) Bill

Reforms jury trials and extends the powers of the Northern Ireland Human Rights Commission.

Legal Services Bill

Increases independent regulation of the legal profession in England and Wales.

Local Government Bill

Devolves the making of by-laws to councils and gives them powers to enforce these through fixed-penalty notices. Creates a single inspectorate for local government. The bill mainly extends to England and Wales

Mental Health Bill

Introduces supervised treatment in the community for some patients discharged from hospital and a simpler definition of the term "mental disorder". The proposals also include plans to allow people with untreatable personality disorders to be detained in a bid to close a supposed loophole - currently people can be sectioned only if their condition is treatable. Extends to England and Wales.

Northern Ireland Bill

Provides for the restoration of the Northern Ireland Assembly and devolved institutions.

Offender Management Bill

Allows the home secretary to use private firms to deal with tackling re-offenders and strengthens the offence of bringing articles into prisons. Most of the bill applies to England and Wales.

Organised Crime Bill

Strengthens powers to recover criminal assets and introduces a new offence of assisting a criminal act believing that an offence may be committed. The bill extends to England, Wales and Northern Ireland, with some provisions applying to Scotland.

Pensions Bill

Raises the state pension age from 65 to 68 by 2046 and restores the link between the state pension and average earnings. Reduces the number of years it takes to build a full basic state pension to 30. Creates a delivery authority for pensions. Covers the entire UK.

Planning Reform Bill

Detailed proposals are promised for next year.

Statistical Reform Bill

Creates an independent board to ensure the quality and comprehensiveness of official statistics across the UK.

Tribunals, Courts and Enforcement Bill

Allows a broader range of people to apply for judicial office and increases regulations to be followed by bailiffs. Extends to England and Wales.

Welfare Reform Bill

Creates a new benefit, the Employment and Support Allowance, which replaces existing Incapacity Benefit and asks more questions of people who claim benefit. First proposed in last session.

Local Better Regulation Office Bill

Sets up a body to help businesses deal with trading standards and environmental health regulations.

Protection of Cultural Property During Armed Conflict Bill

Makes it illegal to trade in property illicitly removed from occupied territory.

Road Transport Bill

Increases the powers to create toll roads and gives councils more freedom to introduce their own schemes. Gives councils more powers to improve local bus services.

Tissues and Embryo Authority Bill

Creates a single regulatory body for fertilisation and embryology research and human tissue research. Does not reverse the removal of donor anonymity.

No anti-terror bill was mentioned during the Queen's Speech but the government has promised to legislate after Home Secretary John Reid concludes his review of the current laws.

President Bush announces changes in immigration in US

Sham marriage law breaches rights

Tough Immigration Rules expected in the US

6th April, 2006

Republicans and Democrats in the US Senate have reached a last-minute compromise on a new immigration bill. The breakthrough could clear the way for approval of legislation granting millions of illegal immigrants the right to stay in the US. President George Bush said he was encouraged by the development. The deal, which came after weeks of wrangling, now requires a full Senate vote that could take place before Friday night. "I'm pleased that Republicans and Democrats in the United States Senate are working together to get a comprehensive immigration bill," President Bush said in a statement welcoming the accord. The deal would allow illegal immigrants who arrived in the US five years ago or earlier to be allowed to stay subject to various criteria, including a criminal background check. Those who have lived in the US for less than five years but more than two years would be able to get a temporary work visa - but they first must leave the country and would be fingerprinted and processed on their return. They would be given priority in applying for US residency over future immigrants entering as temporary workers. However, under the bill, millions of illegal immigrants who have been in the country for less than two years would be required to return to their countries of origin. Conservative senator Sam Brownback called the immigration debate "probably the most divisive issue in America today". "I hope this compromise ends up bringing us together, and I believe it can," he said.

Immigration, Asylum and Nationality Bill

PDF version of the Bill                         HTML version of the Bill

Amnesty on illegal immigrants is 'worth £6bn to UK'

By Nigel Morris, Home Affairs Correspondent

Published: 31 March 2006

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 NCADC News Service

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The Secretary of State is conducting a review of the family amnesty policy - 30th March 2006

Family Amnesty

The Home Office has already decided that convictions for non-recordable offences (explained below) will be "excepted" from the general exclusion for criminal convictions.
 
Anyone refused under the amnesty because of a criminal conviction who believes that the offence might be non-recordable should write to the Home Office directly or through their representative to ask for their case to be reconsidered. Persons facing the possibility of removal should take urgent legal advice.
 
The Secretary of State has also decided that the published policy document should be amended to reflect current practice by stating on its face that he will exercise discretion in truly exceptional and compelling circumstances.

Anyone who was refused under the amnesty for one of the following reasons should take legal advice and/or make representations to the Home Office asking for consideration of removal to be deferred until the amnesty policy review is complete and their case has been reconsidered:
 
-    Refusal on the ground that the child/ren in the family is/are not the son/daughter of the applicant. (The Home Office has granted leave in some cases of wider family ties - eg cousins - because the child has a close relationship with the applicant).

-    Refusal on the ground of a recordable criminal conviction. (The Home Office review of the policy in relation to the general exclusion for criminal convictions is ongoing.)

-    Refusal on the ground that the applicant was an unaccompanied minor. (A judicial review of this policy is pending.)

-    Refusal on the ground that the case fell just outside the relevant dates, eg child/ren in the family turned 18 shortly before 2.10.00 or were not born until shortly after the policy was announced. (The Home Office has granted leave in at least one case of this kind.)
 
A non-recordable offence is an offence which:
 
-    Is not punishable by imprisonment (Note it does not matter whether the person concerned was sent to prison. The offence is only 'non-recordable' if prison is not even a possible punishment for anyone convicted of that offence.)
and

-    Is not listed in the Schedule to the National Police Records (Recordable Offences) Regulations 2000 as amended by the National Police Records (Recordable Offences) Amendment Regulations 2003 and National Police Records (Recordable Offences) Amendment Regulations 2005. These Regulations are on the Internet site http://www.opsi.gov.uk or http://www.opsi.gov.uk/
 
There are many minor offences which are non-recordable. These include many road traffic and public transport offences. What matters is the legal label for the offence for which the person was convicted, not the facts of the case or the usual sentence imposed. 'Exceeding the speed limit' is not a recordable offence, but 'dangerous driving' is.
 
Non-recordable offences include: parking offences; speeding; driving up a one-way street/through a red light; not wearing a seat-belt/helmet; driving without a licence/insurance; travelling on public transport without a ticket/with wrong ticket.
 
Recordable offences include: driving while disqualified; driving with excess alcohol or while unfit through drugs; refusing to provide a specimen of breath/blood/urine; theft (however low in value); possession of controlled drugs such as cannabis or 'magic mushrooms' (even if only for personal use); being drunk in public; begging.
 

Anyone in any doubt should take legal advice. A solicitor who acted in the criminal case may be willing to explain whether the offence is recordable or non-recordable.

Source for this message: - NCADC

Changes to the Immigration Rules - leave to remain and settlement

13 March 2006

From 3 April 2006, there will be important changes in Immigration Rules, which will affect people applying for leave to remain, and indefinite leave to remain (or settlement) , in the UK.

The changes in summary are: -

• For all employment-related categories of entry to the UK, and those who have entered under the Ancestry category, the qualifying period for indefinite leave to remain (settlement) is now 5 years.
• The initial grant of leave to remain will now be 2 years (except for Work Permit holders and Retired Persons of Independent Means), followed by a subsequent period of up to 3 years. The rules previously allowed for an initial period of up to 12 months leave to be granted, followed by a subsequent period of up to 3 years,
• The UK ancestry provision has been changed to allow leave to be granted in a 2 and 3 year pattern, rather than allowing one single period up to the settlement qualifying period.
• Retired Persons of Independent Means will still be eligible for one single period of leave all the way up to the settlement qualifying period as before.
• Work Permit holders will still be eligible for an initial grant of leave up to the currency of their work permit.
• Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant.

This Statement of Changes in Immigration Rules will be laid before Parliament on 13 March 2006. The Government announced these changes to the Immigration Rules in February 2005 in its paper "Controlling Our Borders: the Five Year Strategy for Asylum and Immigration". These will bring the requirements for settlement nearer to those for citizenship; and to bring the UK's practice for the qualifying period required in line with the rest of the European Union.

This Statement of Changes in Immigration Rules will be incorporated into a consolidated version of the Immigration Rules which can be found under the 'Laws & Policy' page of this website, where there are also copies of all the Statement of Changes in Immigration Rules issued since May 2003.

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Failed asylum backlog criticised

It could take more than a decade to clear the backlog of failed asylum seekers staying in the UK, a committee of MPs has said in a damning report.  Increasing numbers of people who are refused asylum know there is little chance of being caught, says the Commons public accounts committee. The MPs say more tagging or detention must be considered to cut the backlog. But the Home Office says it is now deporting more failed asylum seekers than there are unfounded claims. The report comes after senior immigration judge Mr Justice Hodge said judges felt they could make little difference because too many of the migrants they expelled were not sent home. The Immigration and Nationality Directorate estimates there is a backlog of between 155,000 and 283,500 people due to be removed from the UK. By last September 1,350 failed applicants were being removed every month - although this was still below the number of people being refused asylum. But in its report, the committee says it would take between 10 and 18 years to clear the existing backlog, even if there were no more failed claims, under the current level of performance. It criticises the directorate for being "vague" about how many failed asylum applicants are in the country. And it says the agency does not know where most of them are, including 400 criminals released from prison into the community. Committee chairman Edward Leigh said: "Failed asylum applicants are in increasing numbers staying in this country knowing that there is very little likelihood they will be apprehended and removed." Conservative MP Mr Leigh called for a clear target for seriously reducing the removals backlog. To meet the target, there must be more staff put on the front line, said Mr Leigh. And the directorate should look at using detention, electronic tagging and deportation centres more often. "The integrity of the UK's asylum application process is at stake," argued Mr Leigh.

MPs back identity card proposals

Immigration point system outlined

7th March 2006

A new points-based immigration system for workers who want to come to the UK from outside the EU is to be unveiled by the Home Secretary Charles Clarke. The scheme is designed to make it easier for highly skilled, younger workers to enter the country. But it will be harder for low-skilled, non-EU workers to head to Britain. Mr Clarke says the system will simplify immigration. But Conservative spokesman Damien Green thinks the government will struggle to make it work. Like similar regimes in Australia and the US, points would be earned for factors such as qualifications, work experience and language skills. A certain number of points would be needed to be considered for a work visa. Highly skilled workers such as doctors, engineers and IT experts would get the most points under the system, due in place from mid-2007 at the earliest. They will be the only group able to come to Britain without a job offer. But skilled workers, like nurses, teachers and plumbers would be able to come to the UK if they can plug shortages in the workforce. A person applying as a low-skilled worker would be granted entry to fill specific job vacancies for fixed periods, with guarantees that they will leave at the end of their stay.

Mr Green said the Tories had been calling for a points-based system for a long time - but he had doubts that the government and the Home Office was "competent" enough to run it. "There is a long history of headline-grabbing initiatives from the Home Office where they have talked tough on immigration and the delivery doesn't come," he told Today. "What we have got at the moment is a fairly chaotic system where the government doesn't seem to be in possession of even the most basic facts. "It can't tell us even to within 200,000 how many people are living in this country illegally. That's what contributes very much to the emotionalism of much of the debate around immigration." The government wants an advisory board to decide which skills are most needed.
 

A new Statement of Changes in Immigration Rules, House of Commons Paper 949, was laid before Parliament on 1 March 2006 under section 3 (2) of the Immigration Act 1971. The changes in paragraphs 1-2 shall take effect on 2 March 2006; the changes in paragraph 3 shall take effect on 22 March 2006. An Explanatory Memorandum accompanies this document. MORE

Know your medical rights

An advice leaflet for people in UK immigration and detention removal centres. info@medicaljustice.org.uk


1. While you are in detention, you are entitled to receive proper medical care appropriate to your needs. The fact that you are detained does not deprive you of this important human right.

2. Your medical care is the responsibility firstly of the Healthcare Centre Manager and then the Detention Centre Manager.

3. According to the Detention Centre Rules (Rule 33):
- Each member of Healthcare staff ¡§shall pay special attention to the need to recognise medical conditions in (with) appropriate sensitivity¡¨.
- Your medical information is confidential and health care staff must observe all the necessary professional guidelines relating to medical confidentiality.
- If you ask to see a doctor, this must be recorded by the detention centre officer, who must pass your request to the doctor or nursing staff ¡§forthwith¡¨, i.e. straightaway.
- The doctor must ask for your previous medical records in the UK if you have any, for example your GP records.
- The Healthcare team must forward your medical records if you are transferred to another detention centre, or discharged from detention.
- You are entitled to be examined only by a doctor of the same sex if you wish, and the doctor must make sure that all detainees are aware of this right.
- All detainees are entitled to ask to see a different doctor from the detention centre doctor, as long as the detainee can pay any costs incurred, and the manager is satisfied that there are reasonable grounds for the request.

4. Rule 34 states
- You are entitled to a physical and mental examination by a doctor within 24 hours of admission to the detention centre;
- If you refuse an medical examination at a particular time, you are entitled to have the examination at any subsequent time upon request;

5. Rule 35 says:
- The doctor must report to the manager the case of any detainee whose health is likely to be damaged by being in detention. If this applies to you, you can ask if it has been reported to the manager, and ask to see the report.
- The doctor must report to the manager the case of any detainee who s/he suspects of having suicidal intentions, and the detainee must be placed under special observation.
- The doctor must report to the manager the case of any detainee who s/he is concerned may have been the victim of torture. If this applies to you, you can ask to see the report.
- The doctor must pay special attention to any detainee whose mental condition appears to require it, and make special arrangements (including counselling) which appear necessary.

6. Rule 36 says that the detention centre manager must inform a detainee¡¦s husband or wife, or next of kin, and any other person who needs to be informed, if a detainee becomes seriously ill, severely injured or removed to hospital on account of mental illness.

7. Rule 37 says that a detainee can be asked to have to a medical examination for a disease that might spread in the detention centre. This must be explained by the doctor first.

8. In addition to the Detention Centre Rules, the government has also said that you are entitled to health care ¡§equivalent to the NHS¡¨ (National Health Service) while you are in detention. Therefore, you are also entitled to the following, like all other patients on the NHS:
- Sympathetic and emotionally supportive medical and nursing care;
- When you feel ill, to have your symptoms listened to and discussed with you, and for these to be fully recorded in your medical records;
- A proper medical examination, including a mental state examination, appropriate to your complaints. You also have the right to be examined by a doctor of the same sex;
- Blood and urine tests, X-rays and other hospital investigations, if these will help diagnose your illness. To have the results of these tests (whether they are normal or abnormal) communicated promptly to you by the nursing or medical staff at the healthcare centre;
- Emergency care 24 hours a day for any serious, potentially dangerous medical or psychiatric condition;
- Hospital admission if your condition is serious enough. Some detention centres have in-patient facilities, others send their patients to NHS hospitals for admission;
- To continue to receive medical treatment you were receiving before you were detained, for example medication for existing illness.
- If you have been in close contact with someone who has TB, you are entitled to be screened for the disease. This involves a skin test (Heaf test), a chest Xray and a consultation with a doctor or nurse.
- Every NHS patient has the right to see his/her medical records. If you want to see your records ask at the health care centre how you should apply and put your request in writing. You can also give your consent for your solicitor and a private doctor to receive copies of your medical records.

9. It is the duty of the detention centre to provide a diet appropriate to your medical condition. Diet is important for several chronic diseases, especially diabetes, high blood pressure and obesity. A low fat, low sugar and low salt diet with extra fruit and vegetables is important for the treatment of these conditions. Ask to see the doctor about this.

10. Official Home Office policy (the Operation Enforcement Manual) says that some people are considered suitable for detention ¡§only in very exceptional circumstances¡¨, i.e.:
- unaccompanied children and persons under the age of 18;
- the elderly, especially where supervision is required;
- pregnant women, especially after 24 weeks of pregnancy;
- those suffering from serious medical conditions or the mentally ill;
- those where there is independent evidence that they have been tortured;
- people with serious disabilities;
There should also be a review of detention every 7 days, and changes in detainees¡¦ medical condition must be taken into account.

11. If any of these apply to you, or another detainee, tell the health care staff, who must properly assess the situation, record it and report it to the Detention Centre Manager.

12. If you are worried about another detainee¡¦s mental or physical health getting worse, especially if they are in danger, tell the healthcare staff about it and ask that they be treated as soon as possible.

13. If you have been tortured (this includes rape) make sure that you have reported this to the healthcare staff. Ask when this will be investigated and when you will hear the result of the investigation.

14. If you are going to be deported, ask for travel immunisations and protection against malaria. If you have lived away from your country for more than 3 months you will have lost all of your natural protection against malaria; ask for the appropriate protection to be given to you.

15. All NHS patients have the right to complain if they are not happy with their treatment. If you are not happy with your medical treatment in detention, talk to the doctor about it. If the doctor is unable to help you, ask to talk to the health care centre manager, or put your complaint in writing. You can also tell your solicitor or your visitors about it.

Thousands in UK citizenship queue

More than 70,000 people are waiting to hear if they can become British citizens, BBC News has learned. The Home Office confirmed it had been overwhelmed by people who applied before 1 November, after which citizenship tests became compulsory. Home Office minister Tony McNulty said his staff were working hard but would be unable to clear the backlog until May or June 2006. He said: "I can only apologise for the disruption to people's lives." Mr McNulty added: "Resources are being put in place to deal with it as quickly as possible." Prospective new citizens applying after 1 November 2005 will have to take a 45-minute test - covering government, society and practical issues and costing £34 - at one of 90 centres across the country. But those who applied before the deadline need only demonstrate a working knowledge of the English language. The number of people granted citizenship reached a record 140,795 in 2004 - a rise of 12% on 2003. Applications for citizenship ran at about 40,000 a year during the mid-1990s until, in line with migration trends, they began rising in 1998. While the number of people granted citizenship grew, the rate of new applications fell slightly during 2004, probably due to the new English language requirements, which caused some people to wait. Just under half of all applications were granted on the basis of residence in the UK. Some 29% of new citizens were accepted on the basis of marriage to a British resident, while about a fifth were children. People born in Asian or African countries accounted for 40% and 32% respectively of all applications, the principal nationalities being Pakistani, Indian and Somalian. Almost 60% of people born abroad living in the UK take British citizenship within six years, according to figures from 2004. - 12th February 2006

UK's FAMILY AMNESTY UPDATE

Family Amnesty - important update, please read carefully

Exclusions from the Family Amnesty

Families where one of the family had a criminal conviction

Families where the youngest child turned 18 before 2 October 2000

Unaccompanied minors

If you fit the categories above and meet the basic criteria below the following information may be of importance. A number of challenges through the courts are being made to some of the Home Office criteria refusing Indefinite Leave to Remain (ILR) under the 'Family Amnesty'.

Criminal convictions: the Home Office now accept in principle it was wrong to exclude people with just 'points convictions' on their driving licence. Challenges are being made through the High Court where people have been convicted of various offences and as a consequence refused ILR under the 'Family Amnesty'.

Youngest Child turned 18: A challenge is also under way as whether the Home Secretary was right to exclude children with families where the youngest child had turned 18 before the 2nd of October 2000 or 24th October 2003.

Unaccompanied minors: were excluded from the exercise, again there is a challenge being made.

Anyone fitting the above that meets the other criteria (see below) and is facing the possibility of removal should take urgent legal advice about whether to apply to the Home Office or claim judicial review.

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[ Todate 16,870 Families have benefited from the Family Amnesty ]
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"Family Amnesty" - Basic criteria of the concession

*1) The initial claim for asylum must have been made before 2nd October 2000.

*2) The applicant had at least one dependant aged under 18 (other than a spouse) in the UK on 2 October 2000 or 24th October 2003. This includes families who were joined by a child between those two dates.

*3) Asylum-seekers who are now part of a family, but who claimed asylum as a single person before 2nd October 2000, -

*(regardless of whether the claim is pending, or refused and regardless of the outcome of the appeal, won or lost).

If you fit the above criteria and are not subject to the exclusions listed below, you should apply for the 'Family Amnesty'

In addition:
* Families where the main applicant's asylum claim was refused but she/he was granted limited leave to remain will be considered.

* Kosovar families, who came to the UK under the Humanitarian Evacuation Programme before 2 October 2000 and did not apply for asylum until after this date, will be considered if they meet the necessary criteria.

Families will not be eligible if they have been removed or have left the UK voluntarily after their initial asylum application has been refused.

Lone parent families are also considered under this exercise.

If the family is eligible and all members of the family meet the dependency criteria as set out below, the Home Office should grant ILR to all family members.

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Exclusions
The concession will not apply to a family where the principal applicant or any of the dependants (using the definition of a dependant as above in "granting leave in line to dependants):

* have a criminal conviction,

* have had been subject of an anti-social behaviour order or sex offender order,

* have made (or attempted to make) an application for asylum in the UK in more than one identity,

* should have their asylum claim considered by another country (i.e. they are the subject of a possible third country removal, but see also section on third country cases below);

* present a risk to security;

* fall within the scope of Article 1F of the Refugee Convention; or

* whose presence in the UK is otherwise not conducive to the public good.

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People who fit the categories 1 & 2 below may have a claim under the family 'amnesty': Applying for the right to remain under these categories will necessitate contacting the Home Office, which may carry some risk for those whose applications are rejected.

Asylum seekers covered by the family 'amnesty' provided they fit the basic criteria, include:


1) Families who had lost their claim and were facing removal from the UK, but who then lost contact with the Home Office (it doesn't matter whether this was because the Home Office had lost contact with the family or vice versa)


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Parents who were living as a family unit at the 24th October 2003, but who are no longer living as a family unit, (due to divorce, separation, one partner forced to leave relationship because of domestic violence), will also qualify for the 'amnesty', as long as they continue to have contact with their children.

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Please note:

Although the Home Office has excluded from the 'amnesty' those families where any of the family have a criminal conviction, there is ongoing discussion with the Home Office about allowing people with very 'minor' convictions to apply, and so families in that situation should consider applying.


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2) People who may qualify include:

Those who entered and remained in the UK without permission before 24th October 2003 with minor children in order to join a partner who was already in the UK and who had already applied for asylum before 2nd October 2000.

A prospective spouse who entered the UK with out permission, married an asylum applicant who was already in the UK and who had already applied for asylum before 2nd October 2000. and where children were born of the union before 24th October 2003


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If you think you qualify, submit an application though a reputable immigration solicitor/case worker and any applications should be sent by recorded/registered post.

For applications under this concession policy: You must write immediately to address below requesting a form for 'Family Exercise' and stating briefly why you think you qualify.
Home Office
PO Box 1541
Croydon
CR9 2YS.

If the family does not receive the questionnaire within six weeks, it should ask an adviser to contact the ILR Helpline on 020 8760 4779. Please note that this helpline will only deal with enquiries from advisers and not from families themselves.


Last updated 10 January, 2006

Greater numbers of successful asylum seekers will benefit from swifter decision-making while those with unsuccessful claims will be removed more quickly under the expansion of the Government's new asylum decision making processes, the Home Office announced today. The New Asylum Model, a key part of the Government's five year strategy for asylum and immigration, aims to speed up the asylum process and build on the significant progress the Government has already made in reducing applications and increasing removals. The new process seeks to deliver faster outcomes and manage cases to their conclusion in a quicker timeframe. Asylum applications are already down 72 per cent from their peak in 2002, with 80 per cent of initial asylum claims now decided in two months, and the removal of failed asylum seekers rose by 12 per cent to 3,460 in the third quarter of 2005, compared with the previous quarter. MORE

Ikiwa you qualified for ile Family Amnesty ya October 2000 hapa UK na hujasikia kutoka nyumba kubwa basi ni vizuri kufuata case yako ndiyo uipush. Hii scheme inakuja kufungwa April 2006. Basi mwambie wakili wako akufuatie huko nyumba kubwa au wewe mwenyewe ujipigie nyumba kubwa simu nambari hii 08706067766 na uquote reference no. yako. Isitoshe, ni vizuli sana kumuona MBUNGE wa area yako akupigie simu. Mbunge mwingine amepiga simu na wiki mbili hazikumalizika - wakapewa. Ikiwa umequalify na family amnesty ya 2000 na hujapata fomu kutoka mji mkuu basi wewe uko 11th hour.  Lipa wakili professional ndiye akufuatie.

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Those who qualified for family amnesty in the UK are those who had applied before 2nd October, 2000 and had dependants below the age of 18 years as from 2nd October, 2000 to October 2003. However, as the amnesty group applied, several families who arrived in 2003 and 2004 hapa UK wali apply na wakatumiwa forms za amnesty na mji mkuu wajaze haarafu wameisapatiwa indefinite leave to remain - bahati tu. Ikiwa iko kwa category hiyo na uko na familia - jaribu bahati yako. Lakini ukweli ni kwamba hakuna Family Amnesty 2001, 2002, 2003, 2005 etc.

Becoming a UK Citizen - New Requirements Introduced

31st October, 2005

All adults who want to become a British citizen will need to demonstrate their knowledge of life in the UK by successfully completing the new Life in the UK test from tomorrow.

In addition to the existing English language requirement, applicants will now need to pass the Life in the UK test or successfully complete the new English for Speakers of Other Languages (ESOL) Skills for Life course.

Applicants who already possess a good standard of English (ESOL Entry 3 or above) will take the Life in the UK test.

They will be given 24 multiple choice questions designed to test their knowledge of life in this country. The questions will focus on all areas of UK society - on a range of topics - from UK traditions to the laws that govern us.

Applicants whose English is below ESOL Entry 3 standard can take a specially developed ESOL (English for Speakers of Other Languages) with Citizenship course. This will combine language skills with information about life in the UK. Applicants who successfully pass an ESOL with citizenship course will have met both the language and the knowledge of life in the UK requirements for naturalisation. The tests were thoroughly trialled before being introduced and feedback from those who took them was good.

Home Office Minister, Tony McNulty said:

"Becoming a British citizen is a milestone event in an individual's life - we have recognised the importance of the event by introducing citizenship ceremonies which celebrate the act of becoming a British citizen. An understanding of the British language and our way of life is vital. We must maintain and further develop a society in which new citizens feel welcome and where there is a clear understanding of the expectations of all residents - new and old.

"The measures we are introducing today will help new citizens to gain a greater appreciation of the civic and political dimension of British citizenship and, in particular, to understanding the rights and responsibilities that come with the acquisition of British citizenship. This will enable new citizens to play a full part in their wider community and will benefit both our society and economy."

Notes to Editors

1) The Nationality, Immigration and Asylum Act 2002 included provisions requiring those seeking naturalisation as British citizens to demonstrate that they have a sufficient understanding of English (or Welsh or Scottish Gaelic) and a sufficient knowledge of life in the UK. The provisions are being brought fully into force on 1 November, although applicants have had to demonstrate knowledge of English since July 2004.

2) The Life in the UK test was developed for the Home Office by Ufi Ltd and piloted in June 2005 at 8 test centres across the country.

3) Applicants aged 65 or over or who have a physical or mental impairment may not have to meet with the language requirement or the knowledge of Life in the UK requirement.

4) The handbook "Life in the United Kingdom: A Journey to Citizenship" is available from bookshops or from The Stationery Office.

5) The fee for the test will be £34.

6) More information about the naturalisation process, including Life in the UK tests and ESOL with citizenship courses can be found at website at www.homeoffice.gov.uk

7) The ABNI (Advisory Board on Naturalisation and Integration) was set up in November 2004 as an independent public board to provide advice to the Government on the integration of migrants to the UK on the principles set out in the Report The New and the Old, published in 2003 by an independent group chaired by Professor Sir Bernard Crick. The ABNI has monitored and advised the implementation of these provisions and overseen the progress on developing a curriculum.

8) There will be around 90 test centres across the UK.

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Application Form -

·        The payment details in section one of the form must be fully completed. Please read the instructions carefully.

Credit and Debit cards –

·         The card number, valid from and expiry date must match the details held by the issuing bank.  Some cards also have an issue number and again this must match.  Some issuing banks also include account numbers on their cards but it is the main card number across the centre of the card that is required.

·         Corporate/company credit cards only have specific types of expenditure sanctioned for use.  Personal transactions such as these are unlikely to be permitted on corporate/company credit cards. Check with your issuing bank and confirm these transactions are sanctioned.

·         If someone other than the applicant is paying the fee the cardholder must sign section one, not the applicant.

Postal Orders –

·         Ensure the correct payment is enclosed.  Customers who have paid an amount other than £155 have usually paid by Postal Order. 

·         Postal Orders are difficult to count so check them very carefully both when receiving them from the post office and before posting the application.

·         Retain the counterfoils – this is your proof of purchase.

·         Ensure all Postal Orders are held together by a paperclip and attached to the front of the application.

·         If you do pay more than £155 your application will be delayed while a refund is arranged.  If the post office is not able to provide you with £155 due to a shortage of the correct denominations do not be tempted to send in a higher amount. The delay this will cause to your application will be considerably longer than the time taken to obtain the correct postal orders.

Cheque –

·         Ensure all details are completed and that there are funds in the account.

·         The cheque will be banked on the day the application is received.

·         The application will be retained for five working days to allow time for the cheque to clear.

·         Only one cheque per application is allowed.  If one cheque is enclosed for more than one application then all the applications will be rejected and the cheque returned.

·        Attach the cheque to the front of your application.

The fee was paid but the application was returned due to defective documentation -

·         Applications should be returned directly to IND at Croydon or Sheffield using the sticky label provided.

·        Do not send to the Cannock address where your original application and fee was sent to as this may result in the application being rejected/delayed.

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CLICK BELOW FOR APPLICATION FORMS

NEW FEES AND APPLICATIONS FORMS      Looking for a particular form?   http://www.skillclear.co.uk/residency.asp  

CLICK HERE TO DOWNLOAD NATURALISATION APPLICATION FORM (52 PAGES)     Applying for Travel Documents in the UK

NEW RULES FOR BRITISH NATURALISATION EFFECTIVE AS FROM 1ST NOV. 2005

DOING EXAM FOR NATURALISATION - FIND OUR YOUR TEST CENTRE

HAVE A LOOK AT LIFE IN THE UK TEST       DIFFERENT TYPES OF APPLICATIONS    COMING TO THE UK    

         http://www.lifeintheuk.net

A points based system - Visiting the UK - Studying in the UK - Working in the UK - UK residency

British citizenship - Asylum - For newcomers to the UK - For European citizens - For employers and sponsors

CLICK HERE

HAPPY