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Immigration update: New Points based system in the UK

Tier 1 and Highly Skilled Migrants under the Points Based System

The first part of the Points Based System is now being implemented. This is the Tier 1 (General) route for highly skilled migrants, together with provision for their dependants. The route will be open to migrants applying in-country from 29th February 2008, and then open to migrants applying overseas in India from 1 April 2008. The route will be opened to all migrants applying overseas at a later date. Under Tier 1 (General), applicants need only make one application in which all the requirements will be considered. This will make the process easier and more efficient.

General Grounds for refusal

The General Grounds for Refusal are being amended in two ways. This will enable mandatory refusal of applications where deception is used or where breaches of immigrations law occurs.

1. The first amendment, (from 29 February 2008), allows any application where deception is used to be automatically refused. This exists for Highly Skilled Migrants already e.g. the use of forged documents etc, but it is now extended to all applications.

2. From 1 April 2008, changes will occur to the entry clearance application of an applicant who has previously breached the UK immigration rules. Breaches of the UK Immigration laws include:

• Overstaying while in the UK;
• Entering the UK illegally;
• Using deception (e.g. submitting false documents) in an immigration application; or
• Breaching his or her conditions of stay while in the UK (e.g. working illegally).

The above breach of the immigration laws can result in either a 1 year, 5 years, or 10 years period during which a previous immigration offender will have any future applications to come here refused.

* This is a very simplified version of the new rules; please contact us for further details.