MartynsRose Solicitors Blog

On 29^th February 2012, the government introduced a minimum pay
threshold to skilled workers in the Tier 2 (General) and Tier 2 (Sportsperson)
routes who want to settle. The threshold will be £35,000 per annum. In order to
settle, a worker must be paid at that threshold or at the appropriate rate for
the job as specified in codes of practice published by the UK Border Agency,
whichever is higher. The £35,000 figure reflects the median pay of UK workers
in Tier 2 level jobs.

Howeverthe government will apply flexibility where there are skills shortages in the
domestic labour market, waiving the £35,000 threshold for migrants who are
being sponsored to do jobs which are on the shortage occupation list, or have
appeared on the shortage occupation list at a time while the migrant has been
sponsored to do that job.

Similarly, the threshold will not apply scientists and researchers, who are in specified
‘PhD-level’ jobs.

The new settlement pay threshold to Tier 2 migrants will affect those applying for
settlement from April 2016. The threshold will be held at £35,000 until April
2018. We will confirm the threshold for 2018-19 next year and review it
annually thereafter.

As Tier 2 is intended to provide a solution to temporary skills gaps in the domestic labour market, in future, temporary leave as a skilled worker will be limited to a maximum stay of six years and Tier 2 migrants who leave the UK will need to wait 12 months after the expiry of their leave before they may reapply to return under Tier 2.

For more details contact MartynsRose Solicitors: Tel: 0208 538 1397/07931 116 124

Web: www.martynsrosesolicitors.co.uk

Email: admin@martynsrosesolicitors.co.uk,
martynsrosesolicitors@yahoo.co.uk

The government announced today 29^th February 2012 the new changes to ODW visas. The changes take effect from 6^th April 2012.

If you are a domestic worker or intend to travel to the UK as a domestic worker, the changes will be as follows:

• Entry into the UK will be limited to a maximum of six months, with no extensions beyond this time.
•  You will only be able to enter the UK where you are accompanying your employer (or his spouse or child) who is also coming here at the same time as a visitor or who has come here in that capacity.
•  You will be required to leave the UK at the same time as your employer.
•  You will not be able to change employer whilst in the UK.
•   You will not be able to apply for settlement in UK.
•  You will not be able to switch into a different immigration category whilst you are in the UK. If you wish to do so, you will first need to leave the UK and apply for entry clearance from overseas.
• You will not be able to bring your dependants with you.
  Your family members will be able to seek to come here in their own right, as a visitor.
•   You will be able to work for your employer on your overseas domestic worker visa. You will not be on a
  visitor visa.

NOTE: form FLR [BID] previously used to extend domestic worker visas has been abolished from 29^th February 2012. Applicants who wish to extend their leave must complete form FLR [O] from these dates.

For more details and advice to those affected by the new changes contact:

MartynsRose Solicitors on 0208 538 1397/ 07931 116 124

www.martynsrosesolicitors.co.uk

admin@martynsrosesolicitors.co.uk,
martynsrosesolicitors@yahoo.co.uk

On 2^nd February 2012 the immigration Minister confirmed the introduction of a new route for international graduate entrepreneurs – international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to
develop their business ideas.

New change shave been introduced in respect of all applications for UK visas made in South Africa.

From 16 January all applications for a UK visa made in South Africa must be paid for online, before an application is submitted for consideration at the British Embassy or at one of the visa application centres.

From today,
Monday 19 December 2011 the fees required to be paid for some appeal cases
before the tribunal process them are as follows.

Note the fees
are for each person appealing;

• For an appeal to be determined at an Oral Hearing £140.00

• For an appeal to be determined on the papers provided £80.00

For more
details contact MartynsRose Solicitors on

0208 538 1397,

07931 116 124

www.martynsrosesolicitors.co.uk

admin@martynsrosesolicitors.co.uk

On 14^thDecember 2011, the UKBA announced that from 19 December 2011, all applications
for a UK visa made in some EU countries must be completed using the online
application system and paid for online in Euros.

Applicants must then go to the visa application centre at the British Embassy to submit a
printed copy of the application form and biometric data (fingerprints and
photograph). Applicants will no longer be able to pay at the visa application centre
from this date.

The introduction of online payments is part of a wider move to allow almost all applicants to apply and pay for their visas online by 2013/14.

For more Information contact our dedicated immigration team on 0208 538 1397 07931 116 124, admin@martynsrosesolicitors.co.uk, www.martynsrosesolictors.co.uk

From 19^th December 2011, The Ministry of Justice will be introducing appeal fee charges for some asylum and immigration appeals.

Anyone who wishes to appeal against a decision notice dated 19 December 2011 or later will need to pay a fee. The appeal fee will apply to most categories of visas and decisions. Any exemptions to the fees will be outlined by the Ministry of Justice. This will not affect any decision notices that are dated before 19 December.

From 19 December all appeals will be lodged at the tribunal in the UK. No appeals will be accepted at any overseas visa application centers.

More details contact Martynsrose Solicitors

Tel: 0208 538 1397, 07931 116 124

www.martynsrosesolicitors.co.uk

admin@martynsrose solicitors.co.uk

New changes introduced to the shortage occupation list come into force from 14^th
November 2011. Specialist jobs that are no longer required in the UK have been
removed from a government-approved list.

Occupations removed from the list include:

• secondary education biology teachers;
• speech and language therapists;
• pharmacists;
• orthoptists;
• veterinary surgeons; and,
• Rank and file orchestral musicians.

Added to the list will be:

• actuaries;
• high integrity pipe welders;
• environmental scientists; and,
• geochemists

The Government approved list version can be found at.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf

From 31 October 2011, further changes to the Immigration Rules for Work permit
holders and Tier 2 migrants were introduced requiring applicants to provide
specified documents to confirm that they are being paid at or above the
appropriate rate for their job. This is in addition to the employer’s
confirmation.

From 31 October, any settlement application by a
Tier 2 migrant or a work permit holder must include:

• a payslip and a
  personal bank or building society statement; or
• a payslip and a
  building society pass book.

If an applicant fails to provide this evidence,
their application may be refused.