Immigration Matters

by Charles Kelly

Immigration Adviser & Co-Author of the book

HOW 2 Come to the UK
to live, work, study or visit

 

Welcome to Immigration Matters June 2005. In this month’s edition:

 

 

In this month’s edition:

 

  • Householders face £2000 fines for employing illegal Nannies

 

  • New Immigration, Asylum and Nationality Bill unveiled

 

  • Point System to be phased in over 5 years

 

  • New Book launched – “How to Come to the UK”

 

Parents hiring foreign nannies illegally could face fines

 

£2,000 on-the-spot fines for parents who hire foreign nannies illegally are planned under new immigration laws.

 

According to Home Office Minister, Tony McNulty, the penalties would be focused on larger firms but could also be used against householders using illegal workers.

The Immigration, Asylum and Nationality Bill was unveiled this month as part of tightening immigration controls.

Stricter border controls

Visas – Right of Appeal reduced

The Home Office says it wants to stress that "entry to the UK for managed migration purposes is a privilege and not a right".

The Bill would reduce the rights to appeal against decisions on applications for work and study visas.

The plans would mean only close relatives could appeal if they were refused permission to visit the UK to see their family.

Border Controls & Identity Checks

The plans also include allowing immigration officers to check fingerprints and other biometric information. By 2008, the government wants to fingerprint all visa applicants in line with how other nations are using biometric identity checks.

MAIN IMMIGRATION MEASURES

£2,000 fixed penalty fine for employers hiring illegal workers

Immigration officers allowed to check fingerprints

Border authorities allowed to share more data

Customs, immigration and police officers patrolling UK borders would be allowed to share passenger information more easily as part of "electronic" border controls. New powers for the Security services, MI5, MI6 and GCHQ, will allow them to share data about passengers and freight and crew movements to and from the UK. They would also be able to pass details to foreign law enforcement agencies.

 

Illegal Workers

The government says last year 3,330 employees were in the UK without permission to work. Three quarters of them were in hospitality, car washes or garages, the sex industry, shops, cleaning or food production.

Under the plans, employers could be fined £2,000 for each worker who was in the UK illegally. Bosses will have to ask to see visa documents, copy them and check they are genuine, as well as checking "at prescribed intervals" whether workers are allowed to be in the UK.

Mr McNulty said it would be harder to get at householders hiring illegal workers but national insurance could be a key factor.

"If it is a full-time childminder living in the home and national insurance contributions are paid, then that is an employment contract clearly," he said. Under the plans, anybody knowingly employing illegal workers could be jailed for two years or face an unlimited fine.

 

Hiring Tradesmen

It was less likely families would be fined for employing illegal immigrants working as plumbers or builders, he said. Employment laws define hiring such tradesmen as buying a service.

 

New Points Immigration System based on Skills

The government acknowledges that immigrants make an important contribution to the British economy but says the system must not be abused. Ministers want a points system to ensure migrants from outside the European Union would have to show they have the right skills if they wanted to come to the UK.

Home Secretary Charles Clarke said: "The route to settlement is through skilled labour. This means that the more skilled you are, the more likely you are to be able to stay."

The shift from a UK work permit system for migrants to one based on points over five years is the major change in approach. Under the new Australian-style scheme, the more skills a person has, the more points they will gain, increasing their likelihood of entry to the UK.

 

Entry & Overstayers

The Home Office will have the final say over who is granted entry, although it says an independent advisory board will give accurate information about where gaps exist in the job market.

There will also be sanctions against overstaying. People in sectors of industry prone to abuse will be expected to hand over a financial bond, repayable when they leave at the end of their visa.

 

Fluent English

Skilled workers who support themselves financially will be able to stay permanently after five years, although they must prove their ability to use English fluently.

 

Quotas

The Conservatives want Parliament to set a quota every year for the number of migrants allowed visas.

 

Summary

The main thrust of this new policy seems to be aimed at reducing the intake of lower skilled workers coming from outside the EEA countries whilst encouraging more skilled and highly skilled people. The Sectors Based Scheme (SBS) will probably be phased out altogether as more workers become available from the new EU member countries such as Poland and Latvia.

 

New book to help migrants

As part of our mission to inform as many people as possible of the many ways to legally live, work or study in the UK, we have written a new book “How2 Come to the UK to Live Work or Study”. The Immigration Rules are constantly changing. From our long experience of running a busy immigration consultancy, Cynthia Barker and I have learned that there are huge gaps in the knowledge of people who are seeking to come to the UK to work, live, study or visit. In an attempt to make such information accessible to a much wider group of people around the world, and try to save them a lot of wasted time and money, we have written a book based on our knowledge and practical experience.

 

We have tried to make HOW 2 COME TO THE UK simple and fun to read, yet packed with information and tips.

Whether you are a student, worker, highly skilled person, business person, spouse, child, dependant or someone who is simply aiming to visit the UK, the book is intended to be your personal guide.

If you would like to come to the UK, the book will show you: hundreds of ways to legally live, work, study or visit; five ways to access 1,000,000 jobs; seven tips on writing and presenting your CV; how to find a job; how to find study courses; how to obtain student grants and scholarships; and how to apply for a UK Work Permit and Visa.

 

HOW 2 COME TO THE UK will be priced at £14.99 when launched later in the Summer. However, for advance orders we are offering you the opportunity of receiving a copy at the Special “Early Bird” introductory price of just £10.00 (plus £2.00 P&P)!

SEND YOUR CHEQUES (MADE PAYABLE TO OCS) TO: OCS 2 Penta Court Station Road Borehamwood Herts WD6 1SL or go to www.overseasconsultancy.com

 

If you should have any questions concerning the above consult your legal advise or send an email to ckelly@recruitnurse.com or call 0870 041 4658.