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Over
the last few months a number of changes have
been introduced to the way the UK authorities
deal with immigration matters. These changes
have not been widely publicised. To update you
a brief round-up follows.
THE COMMONWEALTH
WORKING HOLIDAYMAKER SCHEME
Under the Working Holidaymaker Scheme young
nationals of Commonwealth countries are able
to spend 2 years in the UK on extended vacation
and take incidental work in the UK during that
time. Changes to the scheme were announced on
20th June.
- The upper age limit is raised from
27 to 30
- Restrictions on employment are lifted
- After 12 months in the UK participants
are able to switch to work permit status, provided
all the work permit criteria are met
These changes will be welcomed by individuals.
Up to now they have only been able to work full-time
for 1 year out of the 2 year period, or part-time
for 2 years. They have also been precluded from
following their career in the UK. Those constraints
have now been withdrawn. The changes will also
be welcomed by employers, who are freed from
the difficulties of hiring individuals covered
by the scheme, and who can now take full advantage
of a significant pool of young talent (particularly
in the London area).
The changes come into force immediately for
those currently in the UK. For new applicants
the changes come into force in 25th August 2003.
ENTRY CLEARANCE FOR ALL
ENTERING THE UK FOR MORE THAN 6 MONTHS
From September 2003 the ink stamps the Home
Office currently use to endorse passports are
to be phased out and replaced with high security
stickers. The stickers will only be issued by
the Home Office and British diplomatic posts
abroad. One consequence is that, from 13th November
2003, those wishing to travel to the UK and
stay for more than 6 months will be required
to seek permission from a British diplomatic
post abroad before they do so. (The only exception
will be members of European Economic Area states,
and their EEA family dependents).
The scheme will be phased in over a 2-year
period. Nationals included in the first phase
will be those from the USA, Canada, Japan, Australia,
New Zealand, Singapore, Malaysia, South Africa,
South Korea and Hong Kong.
The Home Office maintain that these measures
will speed up the arrival of passengers through
UK ports of entry. However, it is going to slow
down the entry process for work permit holders
from non-visa countries. For example, up to
now US nationals have only needed to present
their work permit and passport to a UK Immigration
Officer on arrival, to have the passport endorsed
with leave to enter and remain in the UK. In
the future they will have to present the permit,
their passport, and a further application form
to a British Diplomatic Post in the US (assuming
they reside there) prior to arrival. Given that
such Posts in the US have just been reduced
to 3 – Los Angeles, New York and Chicago
only - delays and frustrations are expected.
The Home Office quote expected processing times
at the Diplomatic Post of 5 working days, not
including time in the postal system. However,
this could be somewhat optimistic, given that
US Diplomatic Posts are currently processing
postal applications is 10 days, due to heavy
demand.
The conclusion for employers is that they can
no longer expect their employees to be able
take up work permit employment in a matter of
days. In most cases, they should add on 2-3
weeks to their business plans even for the most
routine of applications.
CONCESSION EXPANDED FOR
UNMARRIED PARTNERS
Up to April 2003 the Home Office only allowed
unmarried partners of those with leave to remain
in the UK (such as work permit holders) to enter
the UK as dependants in limited circumstances.
This included those in an established relationship
who were legally unable to marry, such as same-sex
couples and those unable to divorce for legal
reasons.
Since April 2003 all those in an established
relationship akin to marriage will be able to
claim dependant status to enable them to seek
entry clearance to the UK with their partner.
This will be welcome news to those who simply
choose not to get married.
EUROPEAN UNION ACCESSION
TREATY
A Bill is currently going through Parliament,
which will bring the EU Accession Treaty into
UK law. The Treaty introduces 10 new countries
into the European Union - Lithuania, Latvia,
Estonia, Malta, Cyprus, Slovenia, Czech Republic,
Slovakia, Poland and Hungary. Under the Treaty
freedom of movement within the EU is to be extended
to nationals of these 10 countries for all purposes
other than work. Existing member states may
postpone freedom to work to nationals of the
new member states, except Malta and Cyprus,
for anything from 2-7 years after accession.
However, the UK announced last December its
intention to allow the right to work to nationals
of all 10 states from the accession date –
1st May 2004. Watch this space for further details.
OTHER CHANGES TO WATCH
OUT FOR
Further modifications are expected to the Highly
Skilled Migrant Programme, following announcements
by the Government on 9th April. The changes
will be aimed at broadening the numbers of individuals
who can apply – by making the scheme available
to younger applicants, and potentially by allowing
points to be awarded to the spouse of an applicant.
No official announcements have been made as
yet.
Be assured that we will advise you of developments
as they arise. In the meantime if you have any
questions on any of the matters raised in this
newsletter please contact Keith Smith or Madeline
Fox.
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