12:10pm Monday 14th June 2010
By Asian Image reporter
After the general election and the establishment of the coalition government, what affect has this had on UK Immigration Law? By Sayyada Khan.
In this article we ask Mohsin Aziz of Janjua & Associates about the implications of the coalition government on immigration.
We have been hearing how the coalition wishes to put a cap on UK immigration, what does this actually mean and who does this effect?
Ultimately the coalition’s aim is to reduce emigration from hundreds of thousands a year to ten’s of thousands to the levels back in the 1990’s.
They wish to limit immigration from non-European Union Countries by capping the level of immigrants. The immigration capping policy ultimately would apply restriction on the points-based system, with entry under Tier 1 & 2 becoming very stringent.
It does seem that in future there will not be sufficient visas for the number of applicant’s. Therefore if you meet the requirement for the Tier 1 or Tier 2 visa then you should consider applying now before the cap is implemented.
What about students wishing to enter the UK under Tier 4?.
Entry for this purpose will become more difficult. More requirements will have to be satisfied as the coalition wish to crack down on abuse of the student visa system.
Will entry as a spouse or other family categories be effected?.
The rules regarding these categories have not changed. If people wish to know further then it is advised to go on to http://www.ukba.homeoffice.gov.uk/ to see the latest guidance, fee’s and to download the latest application forms. If out of country then please go on to http://www.ukvisas.gov.uk/en/howtoapply/vafs/ to attain the appropriate visa.
Please note that some countries only accept online application submissions.
Has the age for spouse entry clearance changed?
At present the law is that both parties upon arrival into the UK have to be 21. This is confirmed on the UKBA website. Any suggested changes are just hearsay at present; however any changes to this would ultimately be stated on the above listed website.
It is correct thou that spouse’s of armed forces do not have to meet the 21 year old criteria.
Is it true that illegal immigrations who had been in the UK for 10 years or more will be granted leave to remain under the coalition government?.
No it is not true. The Liberal Democrats had to concede this policy as part of their deal to form the coalition government. However, people who have been in the UK prior to 2007 without leave may be applicable under the Legacy Scheme.
This obviously depends on the merits of each cash and the decision ultimately lies with the Home Office.
Is it true the ID cards have been scrapped?.
This is correct. The coalition believes that this is an unnecessary tax commitment and has got rid of plans for national ID cards.
What is the plan of “earned citizenship”?
The UKBA has announced significant changes for those seeking Naturalisation. From January 2010 some changes have changed. However, the majority of the changes will not come into force until the summer of 2011.
The details are still being worked out. There will possibly be a probationary period during which time you will have to demonstrate you be a “good citizen”. If you meet the requirements for UK citizenship it may be worth considering making an application sometime in the next 12 months.
If you already have a pending application with the Home Office you will be considered the current rules. You will not come under the new rules.
Those with indefinite leave to remain have until July 2013 to apply for UK citizenship under the existing criteria.
Is there anything that you would like to add?
People should always seek proper legal advice and go through the correct channels.
There is no short cut or cheap method to bypass immigration law. If something seems to be too good to be true then chances are that they are. Always ensure that when you are going to seek immigration legal advice that they are either LSC or OISC accredited.
For further information about Immigration call: Janjua & Associates Ltd on 01422 320485
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