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IMMIGRATION


NB: This is the out-of-date version of the website. This page is not being updated.
To see the new version, please follow the link:www.lawfirmuk.net/Immigration




New Five - Tier Immigration System (A review)
Like any other law, the Immigration laws have also evolved through passage of time. Lots of new immigration categories being introduced, existing rules being revised, certain concessions being developed to make a permanent Home Office policy; were some of the various steps taken by the IND in order to meet the fast changing UK immigration requirements. Now a proposal has been launched to bring an overhauling change in the existing immigration system and put all the current immigration categories into a new five-tier system.

Any system introduced for the first time has some effects and impacts on the society that may have very beneficial or devastating outcomes. The new immigration system is under construction at the moment but the proposals set out in the new rules, is reflective of the mixed intentions of the IND.

The popular categories like HSMP, Work Permits, Student visa and other short / long-term immigration categories would be sewed together to make a single immigration system. Although there won't be any major changes in the requirements of acquiring these immigration statuses but the rules that govern these immigration categories would be thoroughly revised. The intention is to make a comprehensive and concise set of rules to cater for the current and future needs of the society. More attention would be given to have enough room within the new system to enable it assimilate new rules and immigration categories. The idea has been taken from the success of the similar systems in Australia and Canada who have benefited from their immigration system to a greater extent.

Currently some immigration categories like HSMP, Work Permits, are being done on a two stage system; an approval letter need to be obtained prior to the making of a visa application or leave to remain application. But under the new rules it would become a one-stage system that would make the new system more simple and understandable. This will reduce the time period of such applications and would be more responsive to the needs of the society.

Under the new system the students, visitors, HSMP applicants, Work permit seekers and persons coming to the UK for all other short / long-term categories would have to score specific points under the new point scoring system. The requirements would be quite similar to the existing ones and fulfilment of the requirements would give the applicant certain number of points. A person who acquires the required number of score means that he has fulfilled all the requirements of the specific category and qualifies to enter the UK under the specific immigration status.

One of the major changes that are proposed to bring forward is to extend the time frame of eligibility of indefinite leave to remain from four to five years. The intention is to make rules strict and hard for those who intend to settle down permanently which might not have very good results. Indefinite stay has the effect of removing all the restrictions of movement, of working and of utilizing all the possible opportunities available for an individual. An indefinite stay gives a person freedom to start his own business (if not previously allowed to), seek employment (if not previously allowed to), and let him progress in his professional career in his own way. Four years is, in fact quite a sufficient time scale to assess the applicant's professional progress and individual's capabilities. Although it is just one year that has been added to the current time duration but it certainly would not have a positive impact on the prospective applicants of permanent settlement. This could be the only reason of getting most of the potentially beneficial immigrants lose their interest in making Britain their main home. The UK is just looking for the economic benefits that could be obtained through the overseas nationals but at the same time delaying their right to get permanent settlement. This sounds unfair, isn't it? Moreover, this could lead the skilled labour to be directed to other countries like Australia, Canada, New Zealand etc where a relatively short time period of stay is required to apply for permanent settlement.

Things are also on their way to restrict the right of appeals to the prospective students and work permit holders. This, again, would be having a devastating effect on the UK`s aim of attracting skilled labour and would deprive the UK of benefiting from the skills, experience and finances of the foreign workers and students. Although the current appeal system is quite slow and does not respond to the needs of the society but to phase out the right of appeal completely would be denying a right of a person to get the decision of the ECO judged by an independent appellate authority in the UK.

The new Five-tier system has not yet taken its final form as a consultation has been lodged and a large response is expected from the interested parties and other stakeholders. The IND has always come up with a robust and effective response to the current and future needs of the UK immigration rules and policy. This time as well, high expectations are being attached to the new immigration system, which is yet to take its final shape and be enforced.

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