Insight Autumn 08
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Autumn 08 INSiGHT from Smith Stone Walters
EMPLOYING TEMPORARY WORKERS IN THE USA
USEFUL INFORMATION
US-based employers who wish to hire foreign workers to temporarily perform services, work or train may file an I-129 petition with the US authorities. The I-129 is mainly used for non-immigrant categories, therefore in most cases, workers who enter the US under this petition must depart the US when their maximum period of stay has been reached. Filing the I-129 petition In order to petition for a temporary worker, the prospective employer or agent must file a Form I129, Petition for Non-immigrant Worker, with the US Citizenship and Immigration Services (USCIS), accompanied by the required payment and necessary supporting documentation. Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applying for the visa Prospective workers outside the USA must generally apply for a visa upon the approval of the petition. This secondary application can be initiated after the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country.
Smith Stone Walters USA Through the establishment of our New York office, Smith Stone Walters USA is now able to manage immigration matters relating to entry into the United States. Our in-house attorney, Jane Orgel, specialises in all USbased immigration and work authorisation matters and is on-hand to facilitate moves in this direction. For more information on the US-based services offered, contact Smith Stone Walters today.
Autumn 08 INSiGHT from Smith Stone Walters
NEW ADDRESS: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley Kent BR1 1LT
FOCUS
Within each of our quarterly newsletters, Smith Stone Walters highlights a particular area of UK immigration law to provide clients with a clear and concise account of the key issues. We trust this section will prove to be both informative and of interest to you. Our focus for this quarter falls upon...
Autumn 08
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: [email protected]
Arrival at the UK border
INSiGHT
Immigration News & Views from Smith Stone Walters
This page explains what a passenger from outside the EEA (and Switzerland) can expect when they arrive at the UK border.
IN THIS ISSUE
An Immigration Officer will scan their passport and check the passenger’s landing card (see below) details to make sure they have the right to enter the UK. The officer may also ask the passenger for further information about their visit to this country before giving them permission to enter.
01
The passenger should carry any documents relevant to their stay in their hand luggage so that they are available if an officer asks for them. This may include their travel itinerary, work permit, or university or sponsorship letter.
02
If they want to stay more than 6 months the passenger will need a visa or entry clearance to enter the UK, even if they are not a visa national. If the passenger is a visa national they will need a visa to enter the UK for any length of time.
03
If the passenger is entering from certain countries and wants to stay in the UK for more than 6 months, the UK Border Agency will normally ask a medical inspector to examine them.
EDITORIAL:
Points-based system – apply for a sponsor licence by 1 October LATEST INFORMATION:
Possible new visa regimes from 2009 Easier travel between the UK and US Hi-tech electronic borders Marriage visa age raised to prevent forced marriages
04 05
USEFUL INFORMATION:
Employing temporary workers in the USA FOCUS ON:
Arrival at the UK border
Entry into the US Applicants should be aware that a visa does not guarantee admission into the US. The US Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant, even if the applicant has a visa. The CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorised to remain in the US. When to file Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the assignee’s services are required or previous employment authorisation ends.
FORMS (LANDING CARDS) All passengers have to complete a landing card, unless: they hold a passport issued in the EU or EEA; or their final destination is not the UK, the Channel Islands, Isle of Man, or Republic of Ireland (known as the common travel area) and the passenger does not need to go through immigration control to continue their journey. A landing card must be fully completed for each passenger who has a passport issued outside the EU or EEA, including children. The required information includes: family and given names; birth details and gender; nationality and actual occupation; main contact address in the UK; and signature.
INSIGHT_autumn_08.indd 1
WAITING TIMES AT THE BORDER With tougher checks now in place at the border, passengers may have to wait a little longer to get into the UK, especially at peak times. However, through the government’s iris recognition immigration system (IRIS), frequent travellers can seek to register to enter the UK more quickly through automated barriers at certain airports. For further advice on gaining entry to the United Kingdom, please do not hesitate to contact Smith Stone Walters.
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
If the beneficiary is already in the US and is eligible to change from one non-immigrant status to another, a visa may not be required.
11/9/08 22:49:01
02
Autumn 08 INSiGHT from Smith Stone Walters
POINTS-BASED SYSTEM – APPLY FOR A SPONSOR LICENCE BY 1 OCTOBER
LATEST INFORMATION
EDITORIAL
“Our message to businesses is loud and clear – if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair.”
HI-TECH ELECTRONIC BORDERS
The government has announced that new visa regimes could be introduced for 11 countries following the first global review of those who need a visa to come to the UK.
The UK Border Agency recently confirmed that its new hi-tech centre for e-Borders will be based in Manchester and, by 2010, staff there will monitor almost every foreign passenger travelling in and out of Britain.
Bolivia Botswana Brazil Lesotho Malaysia Mauritius Namibia South Africa Swaziland Trinidad and Tobago Venezuela. The government intends to introduce visa requirements for short-term visitors from these countries unless they significantly reduce the risk they pose to the UK by the end of the year. This means that visitors from these countries need to apply for a six-month visa and provide their fingerprints before travelling to the UK. Border and Immigration Minister Liam Byrne said:
“Now we need to decide how to widen the visa net. Three quarters of the world’s population need to pass a visa check to come to Britain. We cannot and will not shy away from going wider and will wherever we think there’s a risk to the UK.” The government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.
The new centre will create up to 250 jobs for the north west of England, joining the 25,000 staff working with the UK Border Agency across 135 countries. The UK Border Agency is signing an agreement with Manchester Airport Group to work more closely to strengthen Britain’s borders and improve the experience of legitimate passengers. The £1.2 billion e-Borders system has already screened 50 million passengers travelling to Britain, leading to more than 2,000 arrests. The introduction of this programme is continuing this month with the trial of new technology at Manchester Airport, which balances high security with quicker times at immigration control. New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports. If successful, these gates could be rolled-out across the country.
New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports.
MARRIAGE VISA AGE RAISED TO PREVENT FORCED MARRIAGES The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage. In line with the government’s commitment to preventing forced marriage and supporting its victims, the following five key proposals have been announced:
Employer obligation The Home Office first unveiled the criteria that businesses will have to meet to become a sponsor under the points-based system last February:
EASIER TRAVEL BETWEEN THE UK AND US Plans to speed up travel between the UK and the US for trusted people who move regularly between the two countries are set to be announced by the UK Border Agency.
any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and as a condition of keeping their licence, sponsors will need to alert the UK Border Agency if migrants do not comply with their immigration conditions – for example, if they disappear or do not turn up for their job.
INSIGHT_autumn_08.indd 2
Autumn 08 INSiGHT from Smith Stone Walters
POSSIBLE NEW VISA REGIMES FROM 2009
The results of the test showed a strong case for introducing visa regimes for 11 countries:
In line with the advice given by the Sponsorship Team, Smith Stone Walters recommends that all employers make their application for a sponsor licence by 1 October at the latest if they want it to be considered in time for the opening of tiers 2 and 5. In an effort to get this message across to the business sector, a nationwide TV advert has recently been launched by the Home Office. In conjunction, UK Border Agency Chief Executive Lin Homer said:
Smith Stone Walters’ team of registered Immigration Advisors shall continue to offer support to employers in gaining registration ahead of the introduction of the new skilled worker tier. If your company is still yet to register, contact Smith Stone Walters today to find out how we can be of valuable assistance in applying for a licence.
03
A recent Visa Waiver Test reviewed all non-European countries against a set of strict criteria to determine the level of risk they pose to the UK in terms of illegal immigration, crime and security, to help decide where the new regime may be required.
The UK Border Agency has announced that the new skilled worker tier (tier 2) and the temporary worker tier (tier 5) shall be launched by the end of November 2008. In order to sponsor and bring migrants in to the United Kingdom under these tiers of the new points-based system, employers need to have acquired a sponsorship licence from the Home Office Sponsorship Team.
If an employer does not register for a licence at this time, it will ultimately result in delays in securing working permission for migrant staff to transfer to the UK or extend their stay in this country. It is therefore imperative for all UK employers to take notice of this new procedure and, if necessary, file their licence application without delay.
Autumn 08 INSiGHT from Smith Stone Walters
LATEST INFORMATION
01
An agreement with the US government has been signed that sets out the shared determination to develop a swift channel across the two borders for trusted travellers, which uses fingerprint, iris or facial recognition technology to speed up border controls while maintaining their security.
Titled ‘Hurdles’ a nationwide TV advert has recently been launched by the Home Office.
• to raise the age of sponsorship for a marriage visa to raise age of sponsorship for a from 18 the to 21; marriage visa from 18 to 21;
• to foreignspouses spousestotoenter enterinto intoanan agreement to ask ask foreign to learn English before theybefore comethey to the UK; agreement to learn English come to the UK;
• to introduce a power to revoke leave to remain to introduce to revoke leave to where there aispower evidence that the marriage route remain where there is evidence that the has been abused; marriage route has been abused;
• to allsponsors sponsorstotoregister registertheir their intention to to require require all marry overseas before they leave the intention to marry overseas before theyUK; and leave the UK; and to ensure through a code of practice that specialist teams can identify vulnerable people at risk.
POINTS-BASED DEAL FOR THE FINANCIAL SECTOR The Border and Immigration Minister Liam Byrne has also agreed to publish further details on how the new pointsbased system for those seeking work in the UK will apply to the financial industry. The document – which will be jointly developed by the Corporation of London, HM Treasury and the Home Office and published in September – will set out how the new points system will impact upon employers and workers in the City.
Any British citizen therefore applying to ‘sponsor’ someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.
11/9/08 22:49:20
02
Autumn 08 INSiGHT from Smith Stone Walters
POINTS-BASED SYSTEM – APPLY FOR A SPONSOR LICENCE BY 1 OCTOBER
LATEST INFORMATION
EDITORIAL
“Our message to businesses is loud and clear – if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair.”
HI-TECH ELECTRONIC BORDERS
The government has announced that new visa regimes could be introduced for 11 countries following the first global review of those who need a visa to come to the UK.
The UK Border Agency recently confirmed that its new hi-tech centre for e-Borders will be based in Manchester and, by 2010, staff there will monitor almost every foreign passenger travelling in and out of Britain.
Bolivia Botswana Brazil Lesotho Malaysia Mauritius Namibia South Africa Swaziland Trinidad and Tobago Venezuela. The government intends to introduce visa requirements for short-term visitors from these countries unless they significantly reduce the risk they pose to the UK by the end of the year. This means that visitors from these countries need to apply for a six-month visa and provide their fingerprints before travelling to the UK. Border and Immigration Minister Liam Byrne said:
“Now we need to decide how to widen the visa net. Three quarters of the world’s population need to pass a visa check to come to Britain. We cannot and will not shy away from going wider and will wherever we think there’s a risk to the UK.” The government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.
The new centre will create up to 250 jobs for the north west of England, joining the 25,000 staff working with the UK Border Agency across 135 countries. The UK Border Agency is signing an agreement with Manchester Airport Group to work more closely to strengthen Britain’s borders and improve the experience of legitimate passengers. The £1.2 billion e-Borders system has already screened 50 million passengers travelling to Britain, leading to more than 2,000 arrests. The introduction of this programme is continuing this month with the trial of new technology at Manchester Airport, which balances high security with quicker times at immigration control. New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports. If successful, these gates could be rolled-out across the country.
New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports.
MARRIAGE VISA AGE RAISED TO PREVENT FORCED MARRIAGES The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage. In line with the government’s commitment to preventing forced marriage and supporting its victims, the following five key proposals have been announced:
Employer obligation The Home Office first unveiled the criteria that businesses will have to meet to become a sponsor under the points-based system last February:
EASIER TRAVEL BETWEEN THE UK AND US Plans to speed up travel between the UK and the US for trusted people who move regularly between the two countries are set to be announced by the UK Border Agency.
any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and as a condition of keeping their licence, sponsors will need to alert the UK Border Agency if migrants do not comply with their immigration conditions – for example, if they disappear or do not turn up for their job.
INSIGHT_autumn_08.indd 2
Autumn 08 INSiGHT from Smith Stone Walters
POSSIBLE NEW VISA REGIMES FROM 2009
The results of the test showed a strong case for introducing visa regimes for 11 countries:
In line with the advice given by the Sponsorship Team, Smith Stone Walters recommends that all employers make their application for a sponsor licence by 1 October at the latest if they want it to be considered in time for the opening of tiers 2 and 5. In an effort to get this message across to the business sector, a nationwide TV advert has recently been launched by the Home Office. In conjunction, UK Border Agency Chief Executive Lin Homer said:
Smith Stone Walters’ team of registered Immigration Advisors shall continue to offer support to employers in gaining registration ahead of the introduction of the new skilled worker tier. If your company is still yet to register, contact Smith Stone Walters today to find out how we can be of valuable assistance in applying for a licence.
03
A recent Visa Waiver Test reviewed all non-European countries against a set of strict criteria to determine the level of risk they pose to the UK in terms of illegal immigration, crime and security, to help decide where the new regime may be required.
The UK Border Agency has announced that the new skilled worker tier (tier 2) and the temporary worker tier (tier 5) shall be launched by the end of November 2008. In order to sponsor and bring migrants in to the United Kingdom under these tiers of the new points-based system, employers need to have acquired a sponsorship licence from the Home Office Sponsorship Team.
If an employer does not register for a licence at this time, it will ultimately result in delays in securing working permission for migrant staff to transfer to the UK or extend their stay in this country. It is therefore imperative for all UK employers to take notice of this new procedure and, if necessary, file their licence application without delay.
Autumn 08 INSiGHT from Smith Stone Walters
LATEST INFORMATION
01
An agreement with the US government has been signed that sets out the shared determination to develop a swift channel across the two borders for trusted travellers, which uses fingerprint, iris or facial recognition technology to speed up border controls while maintaining their security.
Titled ‘Hurdles’ a nationwide TV advert has recently been launched by the Home Office.
• to raise the age of sponsorship for a marriage visa to raise age of sponsorship for a from 18 the to 21; marriage visa from 18 to 21;
• to foreignspouses spousestotoenter enterinto intoanan agreement to ask ask foreign to learn English before theybefore comethey to the UK; agreement to learn English come to the UK;
• to introduce a power to revoke leave to remain to introduce to revoke leave to where there aispower evidence that the marriage route remain where there is evidence that the has been abused; marriage route has been abused;
• to allsponsors sponsorstotoregister registertheir their intention to to require require all marry overseas before they leave the intention to marry overseas before theyUK; and leave the UK; and to ensure through a code of practice that specialist teams can identify vulnerable people at risk.
POINTS-BASED DEAL FOR THE FINANCIAL SECTOR The Border and Immigration Minister Liam Byrne has also agreed to publish further details on how the new pointsbased system for those seeking work in the UK will apply to the financial industry. The document – which will be jointly developed by the Corporation of London, HM Treasury and the Home Office and published in September – will set out how the new points system will impact upon employers and workers in the City.
Any British citizen therefore applying to ‘sponsor’ someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.
11/9/08 22:49:20
02
Autumn 08 INSiGHT from Smith Stone Walters
POINTS-BASED SYSTEM – APPLY FOR A SPONSOR LICENCE BY 1 OCTOBER
LATEST INFORMATION
EDITORIAL
“Our message to businesses is loud and clear – if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair.”
HI-TECH ELECTRONIC BORDERS
The government has announced that new visa regimes could be introduced for 11 countries following the first global review of those who need a visa to come to the UK.
The UK Border Agency recently confirmed that its new hi-tech centre for e-Borders will be based in Manchester and, by 2010, staff there will monitor almost every foreign passenger travelling in and out of Britain.
Bolivia Botswana Brazil Lesotho Malaysia Mauritius Namibia South Africa Swaziland Trinidad and Tobago Venezuela. The government intends to introduce visa requirements for short-term visitors from these countries unless they significantly reduce the risk they pose to the UK by the end of the year. This means that visitors from these countries need to apply for a six-month visa and provide their fingerprints before travelling to the UK. Border and Immigration Minister Liam Byrne said:
“Now we need to decide how to widen the visa net. Three quarters of the world’s population need to pass a visa check to come to Britain. We cannot and will not shy away from going wider and will wherever we think there’s a risk to the UK.” The government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.
The new centre will create up to 250 jobs for the north west of England, joining the 25,000 staff working with the UK Border Agency across 135 countries. The UK Border Agency is signing an agreement with Manchester Airport Group to work more closely to strengthen Britain’s borders and improve the experience of legitimate passengers. The £1.2 billion e-Borders system has already screened 50 million passengers travelling to Britain, leading to more than 2,000 arrests. The introduction of this programme is continuing this month with the trial of new technology at Manchester Airport, which balances high security with quicker times at immigration control. New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports. If successful, these gates could be rolled-out across the country.
New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports.
MARRIAGE VISA AGE RAISED TO PREVENT FORCED MARRIAGES The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage. In line with the government’s commitment to preventing forced marriage and supporting its victims, the following five key proposals have been announced:
Employer obligation The Home Office first unveiled the criteria that businesses will have to meet to become a sponsor under the points-based system last February:
EASIER TRAVEL BETWEEN THE UK AND US Plans to speed up travel between the UK and the US for trusted people who move regularly between the two countries are set to be announced by the UK Border Agency.
any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and as a condition of keeping their licence, sponsors will need to alert the UK Border Agency if migrants do not comply with their immigration conditions – for example, if they disappear or do not turn up for their job.
INSIGHT_autumn_08.indd 2
Autumn 08 INSiGHT from Smith Stone Walters
POSSIBLE NEW VISA REGIMES FROM 2009
The results of the test showed a strong case for introducing visa regimes for 11 countries:
In line with the advice given by the Sponsorship Team, Smith Stone Walters recommends that all employers make their application for a sponsor licence by 1 October at the latest if they want it to be considered in time for the opening of tiers 2 and 5. In an effort to get this message across to the business sector, a nationwide TV advert has recently been launched by the Home Office. In conjunction, UK Border Agency Chief Executive Lin Homer said:
Smith Stone Walters’ team of registered Immigration Advisors shall continue to offer support to employers in gaining registration ahead of the introduction of the new skilled worker tier. If your company is still yet to register, contact Smith Stone Walters today to find out how we can be of valuable assistance in applying for a licence.
03
A recent Visa Waiver Test reviewed all non-European countries against a set of strict criteria to determine the level of risk they pose to the UK in terms of illegal immigration, crime and security, to help decide where the new regime may be required.
The UK Border Agency has announced that the new skilled worker tier (tier 2) and the temporary worker tier (tier 5) shall be launched by the end of November 2008. In order to sponsor and bring migrants in to the United Kingdom under these tiers of the new points-based system, employers need to have acquired a sponsorship licence from the Home Office Sponsorship Team.
If an employer does not register for a licence at this time, it will ultimately result in delays in securing working permission for migrant staff to transfer to the UK or extend their stay in this country. It is therefore imperative for all UK employers to take notice of this new procedure and, if necessary, file their licence application without delay.
Autumn 08 INSiGHT from Smith Stone Walters
LATEST INFORMATION
01
An agreement with the US government has been signed that sets out the shared determination to develop a swift channel across the two borders for trusted travellers, which uses fingerprint, iris or facial recognition technology to speed up border controls while maintaining their security.
Titled ‘Hurdles’ a nationwide TV advert has recently been launched by the Home Office.
• to raise the age of sponsorship for a marriage visa to raise age of sponsorship for a from 18 the to 21; marriage visa from 18 to 21;
• to foreignspouses spousestotoenter enterinto intoanan agreement to ask ask foreign to learn English before theybefore comethey to the UK; agreement to learn English come to the UK;
• to introduce a power to revoke leave to remain to introduce to revoke leave to where there aispower evidence that the marriage route remain where there is evidence that the has been abused; marriage route has been abused;
• to allsponsors sponsorstotoregister registertheir their intention to to require require all marry overseas before they leave the intention to marry overseas before theyUK; and leave the UK; and to ensure through a code of practice that specialist teams can identify vulnerable people at risk.
POINTS-BASED DEAL FOR THE FINANCIAL SECTOR The Border and Immigration Minister Liam Byrne has also agreed to publish further details on how the new pointsbased system for those seeking work in the UK will apply to the financial industry. The document – which will be jointly developed by the Corporation of London, HM Treasury and the Home Office and published in September – will set out how the new points system will impact upon employers and workers in the City.
Any British citizen therefore applying to ‘sponsor’ someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.
11/9/08 22:49:20
04
05
Autumn 08 INSiGHT from Smith Stone Walters
EMPLOYING TEMPORARY WORKERS IN THE USA
USEFUL INFORMATION
US-based employers who wish to hire foreign workers to temporarily perform services, work or train may file an I-129 petition with the US authorities. The I-129 is mainly used for non-immigrant categories, therefore in most cases, workers who enter the US under this petition must depart the US when their maximum period of stay has been reached. Filing the I-129 petition In order to petition for a temporary worker, the prospective employer or agent must file a Form I129, Petition for Non-immigrant Worker, with the US Citizenship and Immigration Services (USCIS), accompanied by the required payment and necessary supporting documentation. Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applying for the visa Prospective workers outside the USA must generally apply for a visa upon the approval of the petition. This secondary application can be initiated after the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country.
Smith Stone Walters USA Through the establishment of our New York office, Smith Stone Walters USA is now able to manage immigration matters relating to entry into the United States. Our in-house attorney, Jane Orgel, specialises in all USbased immigration and work authorisation matters and is on-hand to facilitate moves in this direction. For more information on the US-based services offered, contact Smith Stone Walters today.
Autumn 08 INSiGHT from Smith Stone Walters
NEW ADDRESS: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley Kent BR1 1LT
FOCUS
Within each of our quarterly newsletters, Smith Stone Walters highlights a particular area of UK immigration law to provide clients with a clear and concise account of the key issues. We trust this section will prove to be both informative and of interest to you. Our focus for this quarter falls upon...
Autumn 08
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: [email protected]
Arrival at the UK border
INSiGHT
Immigration News & Views from Smith Stone Walters
This page explains what a passenger from outside the EEA (and Switzerland) can expect when they arrive at the UK border.
IN THIS ISSUE
An Immigration Officer will scan their passport and check the passenger’s landing card (see below) details to make sure they have the right to enter the UK. The officer may also ask the passenger for further information about their visit to this country before giving them permission to enter.
01
The passenger should carry any documents relevant to their stay in their hand luggage so that they are available if an officer asks for them. This may include their travel itinerary, work permit, or university or sponsorship letter.
02
If they want to stay more than 6 months the passenger will need a visa or entry clearance to enter the UK, even if they are not a visa national. If the passenger is a visa national they will need a visa to enter the UK for any length of time.
03
If the passenger is entering from certain countries and wants to stay in the UK for more than 6 months, the UK Border Agency will normally ask a medical inspector to examine them.
EDITORIAL:
Points-based system – apply for a sponsor licence by 1 October LATEST INFORMATION:
Possible new visa regimes from 2009 Easier travel between the UK and US Hi-tech electronic borders Marriage visa age raised to prevent forced marriages
04 05
USEFUL INFORMATION:
Employing temporary workers in the USA FOCUS ON:
Arrival at the UK border
Entry into the US Applicants should be aware that a visa does not guarantee admission into the US. The US Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant, even if the applicant has a visa. The CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorised to remain in the US. When to file Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the assignee’s services are required or previous employment authorisation ends.
FORMS (LANDING CARDS) All passengers have to complete a landing card, unless: they hold a passport issued in the EU or EEA; or their final destination is not the UK, the Channel Islands, Isle of Man, or Republic of Ireland (known as the common travel area) and the passenger does not need to go through immigration control to continue their journey. A landing card must be fully completed for each passenger who has a passport issued outside the EU or EEA, including children. The required information includes: family and given names; birth details and gender; nationality and actual occupation; main contact address in the UK; and signature.
INSIGHT_autumn_08.indd 1
WAITING TIMES AT THE BORDER With tougher checks now in place at the border, passengers may have to wait a little longer to get into the UK, especially at peak times. However, through the government’s iris recognition immigration system (IRIS), frequent travellers can seek to register to enter the UK more quickly through automated barriers at certain airports. For further advice on gaining entry to the United Kingdom, please do not hesitate to contact Smith Stone Walters.
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
If the beneficiary is already in the US and is eligible to change from one non-immigrant status to another, a visa may not be required.
11/9/08 22:49:01
04
05
Autumn 08 INSiGHT from Smith Stone Walters
EMPLOYING TEMPORARY WORKERS IN THE USA
USEFUL INFORMATION
US-based employers who wish to hire foreign workers to temporarily perform services, work or train may file an I-129 petition with the US authorities. The I-129 is mainly used for non-immigrant categories, therefore in most cases, workers who enter the US under this petition must depart the US when their maximum period of stay has been reached. Filing the I-129 petition In order to petition for a temporary worker, the prospective employer or agent must file a Form I129, Petition for Non-immigrant Worker, with the US Citizenship and Immigration Services (USCIS), accompanied by the required payment and necessary supporting documentation. Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applying for the visa Prospective workers outside the USA must generally apply for a visa upon the approval of the petition. This secondary application can be initiated after the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country.
Smith Stone Walters USA Through the establishment of our New York office, Smith Stone Walters USA is now able to manage immigration matters relating to entry into the United States. Our in-house attorney, Jane Orgel, specialises in all USbased immigration and work authorisation matters and is on-hand to facilitate moves in this direction. For more information on the US-based services offered, contact Smith Stone Walters today.
Autumn 08 INSiGHT from Smith Stone Walters
NEW ADDRESS: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley Kent BR1 1LT
FOCUS
Within each of our quarterly newsletters, Smith Stone Walters highlights a particular area of UK immigration law to provide clients with a clear and concise account of the key issues. We trust this section will prove to be both informative and of interest to you. Our focus for this quarter falls upon...
Autumn 08
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: [email protected]
Arrival at the UK border
INSiGHT
Immigration News & Views from Smith Stone Walters
This page explains what a passenger from outside the EEA (and Switzerland) can expect when they arrive at the UK border.
IN THIS ISSUE
An Immigration Officer will scan their passport and check the passenger’s landing card (see below) details to make sure they have the right to enter the UK. The officer may also ask the passenger for further information about their visit to this country before giving them permission to enter.
01
The passenger should carry any documents relevant to their stay in their hand luggage so that they are available if an officer asks for them. This may include their travel itinerary, work permit, or university or sponsorship letter.
02
If they want to stay more than 6 months the passenger will need a visa or entry clearance to enter the UK, even if they are not a visa national. If the passenger is a visa national they will need a visa to enter the UK for any length of time.
03
If the passenger is entering from certain countries and wants to stay in the UK for more than 6 months, the UK Border Agency will normally ask a medical inspector to examine them.
EDITORIAL:
Points-based system – apply for a sponsor licence by 1 October LATEST INFORMATION:
Possible new visa regimes from 2009 Easier travel between the UK and US Hi-tech electronic borders Marriage visa age raised to prevent forced marriages
04 05
USEFUL INFORMATION:
Employing temporary workers in the USA FOCUS ON:
Arrival at the UK border
Entry into the US Applicants should be aware that a visa does not guarantee admission into the US. The US Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant, even if the applicant has a visa. The CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorised to remain in the US. When to file Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the assignee’s services are required or previous employment authorisation ends.
FORMS (LANDING CARDS) All passengers have to complete a landing card, unless: they hold a passport issued in the EU or EEA; or their final destination is not the UK, the Channel Islands, Isle of Man, or Republic of Ireland (known as the common travel area) and the passenger does not need to go through immigration control to continue their journey. A landing card must be fully completed for each passenger who has a passport issued outside the EU or EEA, including children. The required information includes: family and given names; birth details and gender; nationality and actual occupation; main contact address in the UK; and signature.
INSIGHT_autumn_08.indd 1
WAITING TIMES AT THE BORDER With tougher checks now in place at the border, passengers may have to wait a little longer to get into the UK, especially at peak times. However, through the government’s iris recognition immigration system (IRIS), frequent travellers can seek to register to enter the UK more quickly through automated barriers at certain airports. For further advice on gaining entry to the United Kingdom, please do not hesitate to contact Smith Stone Walters.
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
If the beneficiary is already in the US and is eligible to change from one non-immigrant status to another, a visa may not be required.
11/9/08 22:49:01
05
Autumn 08 INSiGHT from Smith Stone Walters
EMPLOYING TEMPORARY WORKERS IN THE USA
USEFUL INFORMATION
US-based employers who wish to hire foreign workers to temporarily perform services, work or train may file an I-129 petition with the US authorities. The I-129 is mainly used for non-immigrant categories, therefore in most cases, workers who enter the US under this petition must depart the US when their maximum period of stay has been reached. Filing the I-129 petition In order to petition for a temporary worker, the prospective employer or agent must file a Form I129, Petition for Non-immigrant Worker, with the US Citizenship and Immigration Services (USCIS), accompanied by the required payment and necessary supporting documentation. Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applying for the visa Prospective workers outside the USA must generally apply for a visa upon the approval of the petition. This secondary application can be initiated after the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country.
Smith Stone Walters USA Through the establishment of our New York office, Smith Stone Walters USA is now able to manage immigration matters relating to entry into the United States. Our in-house attorney, Jane Orgel, specialises in all USbased immigration and work authorisation matters and is on-hand to facilitate moves in this direction. For more information on the US-based services offered, contact Smith Stone Walters today.
Autumn 08 INSiGHT from Smith Stone Walters
NEW ADDRESS: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley Kent BR1 1LT
FOCUS
Within each of our quarterly newsletters, Smith Stone Walters highlights a particular area of UK immigration law to provide clients with a clear and concise account of the key issues. We trust this section will prove to be both informative and of interest to you. Our focus for this quarter falls upon...
Autumn 08
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: [email protected]
Arrival at the UK border
INSiGHT
Immigration News & Views from Smith Stone Walters
This page explains what a passenger from outside the EEA (and Switzerland) can expect when they arrive at the UK border.
IN THIS ISSUE
An Immigration Officer will scan their passport and check the passenger’s landing card (see below) details to make sure they have the right to enter the UK. The officer may also ask the passenger for further information about their visit to this country before giving them permission to enter.
01
The passenger should carry any documents relevant to their stay in their hand luggage so that they are available if an officer asks for them. This may include their travel itinerary, work permit, or university or sponsorship letter.
02
If they want to stay more than 6 months the passenger will need a visa or entry clearance to enter the UK, even if they are not a visa national. If the passenger is a visa national they will need a visa to enter the UK for any length of time.
03
If the passenger is entering from certain countries and wants to stay in the UK for more than 6 months, the UK Border Agency will normally ask a medical inspector to examine them.
EDITORIAL:
Points-based system – apply for a sponsor licence by 1 October LATEST INFORMATION:
Possible new visa regimes from 2009 Easier travel between the UK and US Hi-tech electronic borders Marriage visa age raised to prevent forced marriages
04 05
USEFUL INFORMATION:
Employing temporary workers in the USA FOCUS ON:
Arrival at the UK border
Entry into the US Applicants should be aware that a visa does not guarantee admission into the US. The US Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant, even if the applicant has a visa. The CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorised to remain in the US. When to file Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the assignee’s services are required or previous employment authorisation ends.
FORMS (LANDING CARDS) All passengers have to complete a landing card, unless: they hold a passport issued in the EU or EEA; or their final destination is not the UK, the Channel Islands, Isle of Man, or Republic of Ireland (known as the common travel area) and the passenger does not need to go through immigration control to continue their journey. A landing card must be fully completed for each passenger who has a passport issued outside the EU or EEA, including children. The required information includes: family and given names; birth details and gender; nationality and actual occupation; main contact address in the UK; and signature.
INSIGHT_autumn_08.indd 1
WAITING TIMES AT THE BORDER With tougher checks now in place at the border, passengers may have to wait a little longer to get into the UK, especially at peak times. However, through the government’s iris recognition immigration system (IRIS), frequent travellers can seek to register to enter the UK more quickly through automated barriers at certain airports. For further advice on gaining entry to the United Kingdom, please do not hesitate to contact Smith Stone Walters.
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
If the beneficiary is already in the US and is eligible to change from one non-immigrant status to another, a visa may not be required.
11/9/08 22:49:01
02
Autumn 08 INSiGHT from Smith Stone Walters
POINTS-BASED SYSTEM – APPLY FOR A SPONSOR LICENCE BY 1 OCTOBER
LATEST INFORMATION
EDITORIAL
“Our message to businesses is loud and clear – if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair.”
HI-TECH ELECTRONIC BORDERS
The government has announced that new visa regimes could be introduced for 11 countries following the first global review of those who need a visa to come to the UK.
The UK Border Agency recently confirmed that its new hi-tech centre for e-Borders will be based in Manchester and, by 2010, staff there will monitor almost every foreign passenger travelling in and out of Britain.
Bolivia Botswana Brazil Lesotho Malaysia Mauritius Namibia South Africa Swaziland Trinidad and Tobago Venezuela. The government intends to introduce visa requirements for short-term visitors from these countries unless they significantly reduce the risk they pose to the UK by the end of the year. This means that visitors from these countries need to apply for a six-month visa and provide their fingerprints before travelling to the UK. Border and Immigration Minister Liam Byrne said:
“Now we need to decide how to widen the visa net. Three quarters of the world’s population need to pass a visa check to come to Britain. We cannot and will not shy away from going wider and will wherever we think there’s a risk to the UK.” The government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.
The new centre will create up to 250 jobs for the north west of England, joining the 25,000 staff working with the UK Border Agency across 135 countries. The UK Border Agency is signing an agreement with Manchester Airport Group to work more closely to strengthen Britain’s borders and improve the experience of legitimate passengers. The £1.2 billion e-Borders system has already screened 50 million passengers travelling to Britain, leading to more than 2,000 arrests. The introduction of this programme is continuing this month with the trial of new technology at Manchester Airport, which balances high security with quicker times at immigration control. New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports. If successful, these gates could be rolled-out across the country.
New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports.
MARRIAGE VISA AGE RAISED TO PREVENT FORCED MARRIAGES The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage. In line with the government’s commitment to preventing forced marriage and supporting its victims, the following five key proposals have been announced:
Employer obligation The Home Office first unveiled the criteria that businesses will have to meet to become a sponsor under the points-based system last February:
EASIER TRAVEL BETWEEN THE UK AND US Plans to speed up travel between the UK and the US for trusted people who move regularly between the two countries are set to be announced by the UK Border Agency.
any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and as a condition of keeping their licence, sponsors will need to alert the UK Border Agency if migrants do not comply with their immigration conditions – for example, if they disappear or do not turn up for their job.
INSIGHT_autumn_08.indd 2
Autumn 08 INSiGHT from Smith Stone Walters
POSSIBLE NEW VISA REGIMES FROM 2009
The results of the test showed a strong case for introducing visa regimes for 11 countries:
In line with the advice given by the Sponsorship Team, Smith Stone Walters recommends that all employers make their application for a sponsor licence by 1 October at the latest if they want it to be considered in time for the opening of tiers 2 and 5. In an effort to get this message across to the business sector, a nationwide TV advert has recently been launched by the Home Office. In conjunction, UK Border Agency Chief Executive Lin Homer said:
Smith Stone Walters’ team of registered Immigration Advisors shall continue to offer support to employers in gaining registration ahead of the introduction of the new skilled worker tier. If your company is still yet to register, contact Smith Stone Walters today to find out how we can be of valuable assistance in applying for a licence.
03
A recent Visa Waiver Test reviewed all non-European countries against a set of strict criteria to determine the level of risk they pose to the UK in terms of illegal immigration, crime and security, to help decide where the new regime may be required.
The UK Border Agency has announced that the new skilled worker tier (tier 2) and the temporary worker tier (tier 5) shall be launched by the end of November 2008. In order to sponsor and bring migrants in to the United Kingdom under these tiers of the new points-based system, employers need to have acquired a sponsorship licence from the Home Office Sponsorship Team.
If an employer does not register for a licence at this time, it will ultimately result in delays in securing working permission for migrant staff to transfer to the UK or extend their stay in this country. It is therefore imperative for all UK employers to take notice of this new procedure and, if necessary, file their licence application without delay.
Autumn 08 INSiGHT from Smith Stone Walters
LATEST INFORMATION
01
An agreement with the US government has been signed that sets out the shared determination to develop a swift channel across the two borders for trusted travellers, which uses fingerprint, iris or facial recognition technology to speed up border controls while maintaining their security.
Titled ‘Hurdles’ a nationwide TV advert has recently been launched by the Home Office.
• to raise the age of sponsorship for a marriage visa to raise age of sponsorship for a from 18 the to 21; marriage visa from 18 to 21;
• to foreignspouses spousestotoenter enterinto intoanan agreement to ask ask foreign to learn English before theybefore comethey to the UK; agreement to learn English come to the UK;
• to introduce a power to revoke leave to remain to introduce to revoke leave to where there aispower evidence that the marriage route remain where there is evidence that the has been abused; marriage route has been abused;
• to allsponsors sponsorstotoregister registertheir their intention to to require require all marry overseas before they leave the intention to marry overseas before theyUK; and leave the UK; and to ensure through a code of practice that specialist teams can identify vulnerable people at risk.
POINTS-BASED DEAL FOR THE FINANCIAL SECTOR The Border and Immigration Minister Liam Byrne has also agreed to publish further details on how the new pointsbased system for those seeking work in the UK will apply to the financial industry. The document – which will be jointly developed by the Corporation of London, HM Treasury and the Home Office and published in September – will set out how the new points system will impact upon employers and workers in the City.
Any British citizen therefore applying to ‘sponsor’ someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.
11/9/08 22:49:20
02
Autumn 08 INSiGHT from Smith Stone Walters
POINTS-BASED SYSTEM – APPLY FOR A SPONSOR LICENCE BY 1 OCTOBER
LATEST INFORMATION
EDITORIAL
“Our message to businesses is loud and clear – if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair.”
HI-TECH ELECTRONIC BORDERS
The government has announced that new visa regimes could be introduced for 11 countries following the first global review of those who need a visa to come to the UK.
The UK Border Agency recently confirmed that its new hi-tech centre for e-Borders will be based in Manchester and, by 2010, staff there will monitor almost every foreign passenger travelling in and out of Britain.
Bolivia Botswana Brazil Lesotho Malaysia Mauritius Namibia South Africa Swaziland Trinidad and Tobago Venezuela. The government intends to introduce visa requirements for short-term visitors from these countries unless they significantly reduce the risk they pose to the UK by the end of the year. This means that visitors from these countries need to apply for a six-month visa and provide their fingerprints before travelling to the UK. Border and Immigration Minister Liam Byrne said:
“Now we need to decide how to widen the visa net. Three quarters of the world’s population need to pass a visa check to come to Britain. We cannot and will not shy away from going wider and will wherever we think there’s a risk to the UK.” The government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.
The new centre will create up to 250 jobs for the north west of England, joining the 25,000 staff working with the UK Border Agency across 135 countries. The UK Border Agency is signing an agreement with Manchester Airport Group to work more closely to strengthen Britain’s borders and improve the experience of legitimate passengers. The £1.2 billion e-Borders system has already screened 50 million passengers travelling to Britain, leading to more than 2,000 arrests. The introduction of this programme is continuing this month with the trial of new technology at Manchester Airport, which balances high security with quicker times at immigration control. New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports. If successful, these gates could be rolled-out across the country.
New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports.
MARRIAGE VISA AGE RAISED TO PREVENT FORCED MARRIAGES The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage. In line with the government’s commitment to preventing forced marriage and supporting its victims, the following five key proposals have been announced:
Employer obligation The Home Office first unveiled the criteria that businesses will have to meet to become a sponsor under the points-based system last February:
EASIER TRAVEL BETWEEN THE UK AND US Plans to speed up travel between the UK and the US for trusted people who move regularly between the two countries are set to be announced by the UK Border Agency.
any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and as a condition of keeping their licence, sponsors will need to alert the UK Border Agency if migrants do not comply with their immigration conditions – for example, if they disappear or do not turn up for their job.
INSIGHT_autumn_08.indd 2
Autumn 08 INSiGHT from Smith Stone Walters
POSSIBLE NEW VISA REGIMES FROM 2009
The results of the test showed a strong case for introducing visa regimes for 11 countries:
In line with the advice given by the Sponsorship Team, Smith Stone Walters recommends that all employers make their application for a sponsor licence by 1 October at the latest if they want it to be considered in time for the opening of tiers 2 and 5. In an effort to get this message across to the business sector, a nationwide TV advert has recently been launched by the Home Office. In conjunction, UK Border Agency Chief Executive Lin Homer said:
Smith Stone Walters’ team of registered Immigration Advisors shall continue to offer support to employers in gaining registration ahead of the introduction of the new skilled worker tier. If your company is still yet to register, contact Smith Stone Walters today to find out how we can be of valuable assistance in applying for a licence.
03
A recent Visa Waiver Test reviewed all non-European countries against a set of strict criteria to determine the level of risk they pose to the UK in terms of illegal immigration, crime and security, to help decide where the new regime may be required.
The UK Border Agency has announced that the new skilled worker tier (tier 2) and the temporary worker tier (tier 5) shall be launched by the end of November 2008. In order to sponsor and bring migrants in to the United Kingdom under these tiers of the new points-based system, employers need to have acquired a sponsorship licence from the Home Office Sponsorship Team.
If an employer does not register for a licence at this time, it will ultimately result in delays in securing working permission for migrant staff to transfer to the UK or extend their stay in this country. It is therefore imperative for all UK employers to take notice of this new procedure and, if necessary, file their licence application without delay.
Autumn 08 INSiGHT from Smith Stone Walters
LATEST INFORMATION
01
An agreement with the US government has been signed that sets out the shared determination to develop a swift channel across the two borders for trusted travellers, which uses fingerprint, iris or facial recognition technology to speed up border controls while maintaining their security.
Titled ‘Hurdles’ a nationwide TV advert has recently been launched by the Home Office.
• to raise the age of sponsorship for a marriage visa to raise age of sponsorship for a from 18 the to 21; marriage visa from 18 to 21;
• to foreignspouses spousestotoenter enterinto intoanan agreement to ask ask foreign to learn English before theybefore comethey to the UK; agreement to learn English come to the UK;
• to introduce a power to revoke leave to remain to introduce to revoke leave to where there aispower evidence that the marriage route remain where there is evidence that the has been abused; marriage route has been abused;
• to allsponsors sponsorstotoregister registertheir their intention to to require require all marry overseas before they leave the intention to marry overseas before theyUK; and leave the UK; and to ensure through a code of practice that specialist teams can identify vulnerable people at risk.
POINTS-BASED DEAL FOR THE FINANCIAL SECTOR The Border and Immigration Minister Liam Byrne has also agreed to publish further details on how the new pointsbased system for those seeking work in the UK will apply to the financial industry. The document – which will be jointly developed by the Corporation of London, HM Treasury and the Home Office and published in September – will set out how the new points system will impact upon employers and workers in the City.
Any British citizen therefore applying to ‘sponsor’ someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.
11/9/08 22:49:20
02
Autumn 08 INSiGHT from Smith Stone Walters
POINTS-BASED SYSTEM – APPLY FOR A SPONSOR LICENCE BY 1 OCTOBER
LATEST INFORMATION
EDITORIAL
“Our message to businesses is loud and clear – if you want to employ foreign workers from outside the EEA, you need to apply now for a sponsor licence. Business benefits from migrant labour but must join us in helping crack down on illegal working and ensure a system which is both firm and fair.”
HI-TECH ELECTRONIC BORDERS
The government has announced that new visa regimes could be introduced for 11 countries following the first global review of those who need a visa to come to the UK.
The UK Border Agency recently confirmed that its new hi-tech centre for e-Borders will be based in Manchester and, by 2010, staff there will monitor almost every foreign passenger travelling in and out of Britain.
Bolivia Botswana Brazil Lesotho Malaysia Mauritius Namibia South Africa Swaziland Trinidad and Tobago Venezuela. The government intends to introduce visa requirements for short-term visitors from these countries unless they significantly reduce the risk they pose to the UK by the end of the year. This means that visitors from these countries need to apply for a six-month visa and provide their fingerprints before travelling to the UK. Border and Immigration Minister Liam Byrne said:
“Now we need to decide how to widen the visa net. Three quarters of the world’s population need to pass a visa check to come to Britain. We cannot and will not shy away from going wider and will wherever we think there’s a risk to the UK.” The government will now work with these countries over the next six months to reduce the risk they pose. If they are able to show evidence of change there will be no need to introduce a visa regime. No final decisions will be made until early 2009.
The new centre will create up to 250 jobs for the north west of England, joining the 25,000 staff working with the UK Border Agency across 135 countries. The UK Border Agency is signing an agreement with Manchester Airport Group to work more closely to strengthen Britain’s borders and improve the experience of legitimate passengers. The £1.2 billion e-Borders system has already screened 50 million passengers travelling to Britain, leading to more than 2,000 arrests. The introduction of this programme is continuing this month with the trial of new technology at Manchester Airport, which balances high security with quicker times at immigration control. New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports. If successful, these gates could be rolled-out across the country.
New facial recognition gates will use scanning equipment to compare the faces of UK and EEA passengers to their biometric passports.
MARRIAGE VISA AGE RAISED TO PREVENT FORCED MARRIAGES The age at which someone can apply for a marriage visa will increase from 18 to 21 as part of a crackdown on forced marriage. In line with the government’s commitment to preventing forced marriage and supporting its victims, the following five key proposals have been announced:
Employer obligation The Home Office first unveiled the criteria that businesses will have to meet to become a sponsor under the points-based system last February:
EASIER TRAVEL BETWEEN THE UK AND US Plans to speed up travel between the UK and the US for trusted people who move regularly between the two countries are set to be announced by the UK Border Agency.
any business must register with the Agency as a sponsor before they can bring foreign workers from outside the EEA into the UK to work; and as a condition of keeping their licence, sponsors will need to alert the UK Border Agency if migrants do not comply with their immigration conditions – for example, if they disappear or do not turn up for their job.
INSIGHT_autumn_08.indd 2
Autumn 08 INSiGHT from Smith Stone Walters
POSSIBLE NEW VISA REGIMES FROM 2009
The results of the test showed a strong case for introducing visa regimes for 11 countries:
In line with the advice given by the Sponsorship Team, Smith Stone Walters recommends that all employers make their application for a sponsor licence by 1 October at the latest if they want it to be considered in time for the opening of tiers 2 and 5. In an effort to get this message across to the business sector, a nationwide TV advert has recently been launched by the Home Office. In conjunction, UK Border Agency Chief Executive Lin Homer said:
Smith Stone Walters’ team of registered Immigration Advisors shall continue to offer support to employers in gaining registration ahead of the introduction of the new skilled worker tier. If your company is still yet to register, contact Smith Stone Walters today to find out how we can be of valuable assistance in applying for a licence.
03
A recent Visa Waiver Test reviewed all non-European countries against a set of strict criteria to determine the level of risk they pose to the UK in terms of illegal immigration, crime and security, to help decide where the new regime may be required.
The UK Border Agency has announced that the new skilled worker tier (tier 2) and the temporary worker tier (tier 5) shall be launched by the end of November 2008. In order to sponsor and bring migrants in to the United Kingdom under these tiers of the new points-based system, employers need to have acquired a sponsorship licence from the Home Office Sponsorship Team.
If an employer does not register for a licence at this time, it will ultimately result in delays in securing working permission for migrant staff to transfer to the UK or extend their stay in this country. It is therefore imperative for all UK employers to take notice of this new procedure and, if necessary, file their licence application without delay.
Autumn 08 INSiGHT from Smith Stone Walters
LATEST INFORMATION
01
An agreement with the US government has been signed that sets out the shared determination to develop a swift channel across the two borders for trusted travellers, which uses fingerprint, iris or facial recognition technology to speed up border controls while maintaining their security.
Titled ‘Hurdles’ a nationwide TV advert has recently been launched by the Home Office.
• to raise the age of sponsorship for a marriage visa to raise age of sponsorship for a from 18 the to 21; marriage visa from 18 to 21;
• to foreignspouses spousestotoenter enterinto intoanan agreement to ask ask foreign to learn English before theybefore comethey to the UK; agreement to learn English come to the UK;
• to introduce a power to revoke leave to remain to introduce to revoke leave to where there aispower evidence that the marriage route remain where there is evidence that the has been abused; marriage route has been abused;
• to allsponsors sponsorstotoregister registertheir their intention to to require require all marry overseas before they leave the intention to marry overseas before theyUK; and leave the UK; and to ensure through a code of practice that specialist teams can identify vulnerable people at risk.
POINTS-BASED DEAL FOR THE FINANCIAL SECTOR The Border and Immigration Minister Liam Byrne has also agreed to publish further details on how the new pointsbased system for those seeking work in the UK will apply to the financial industry. The document – which will be jointly developed by the Corporation of London, HM Treasury and the Home Office and published in September – will set out how the new points system will impact upon employers and workers in the City.
Any British citizen therefore applying to ‘sponsor’ someone to come to the UK as their spouse will have to declare their intention before they leave the UK and marry abroad. This will mean that a young person will know in advance that a marriage will take place overseas and who their prospective partner will be.
11/9/08 22:49:20
04
05
Autumn 08 INSiGHT from Smith Stone Walters
EMPLOYING TEMPORARY WORKERS IN THE USA
USEFUL INFORMATION
US-based employers who wish to hire foreign workers to temporarily perform services, work or train may file an I-129 petition with the US authorities. The I-129 is mainly used for non-immigrant categories, therefore in most cases, workers who enter the US under this petition must depart the US when their maximum period of stay has been reached. Filing the I-129 petition In order to petition for a temporary worker, the prospective employer or agent must file a Form I129, Petition for Non-immigrant Worker, with the US Citizenship and Immigration Services (USCIS), accompanied by the required payment and necessary supporting documentation. Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applying for the visa Prospective workers outside the USA must generally apply for a visa upon the approval of the petition. This secondary application can be initiated after the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country.
Smith Stone Walters USA Through the establishment of our New York office, Smith Stone Walters USA is now able to manage immigration matters relating to entry into the United States. Our in-house attorney, Jane Orgel, specialises in all USbased immigration and work authorisation matters and is on-hand to facilitate moves in this direction. For more information on the US-based services offered, contact Smith Stone Walters today.
Autumn 08 INSiGHT from Smith Stone Walters
NEW ADDRESS: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley Kent BR1 1LT
FOCUS
Within each of our quarterly newsletters, Smith Stone Walters highlights a particular area of UK immigration law to provide clients with a clear and concise account of the key issues. We trust this section will prove to be both informative and of interest to you. Our focus for this quarter falls upon...
Autumn 08
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: [email protected]
Arrival at the UK border
INSiGHT
Immigration News & Views from Smith Stone Walters
This page explains what a passenger from outside the EEA (and Switzerland) can expect when they arrive at the UK border.
IN THIS ISSUE
An Immigration Officer will scan their passport and check the passenger’s landing card (see below) details to make sure they have the right to enter the UK. The officer may also ask the passenger for further information about their visit to this country before giving them permission to enter.
01
The passenger should carry any documents relevant to their stay in their hand luggage so that they are available if an officer asks for them. This may include their travel itinerary, work permit, or university or sponsorship letter.
02
If they want to stay more than 6 months the passenger will need a visa or entry clearance to enter the UK, even if they are not a visa national. If the passenger is a visa national they will need a visa to enter the UK for any length of time.
03
If the passenger is entering from certain countries and wants to stay in the UK for more than 6 months, the UK Border Agency will normally ask a medical inspector to examine them.
EDITORIAL:
Points-based system – apply for a sponsor licence by 1 October LATEST INFORMATION:
Possible new visa regimes from 2009 Easier travel between the UK and US Hi-tech electronic borders Marriage visa age raised to prevent forced marriages
04 05
USEFUL INFORMATION:
Employing temporary workers in the USA FOCUS ON:
Arrival at the UK border
Entry into the US Applicants should be aware that a visa does not guarantee admission into the US. The US Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant, even if the applicant has a visa. The CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorised to remain in the US. When to file Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the assignee’s services are required or previous employment authorisation ends.
FORMS (LANDING CARDS) All passengers have to complete a landing card, unless: they hold a passport issued in the EU or EEA; or their final destination is not the UK, the Channel Islands, Isle of Man, or Republic of Ireland (known as the common travel area) and the passenger does not need to go through immigration control to continue their journey. A landing card must be fully completed for each passenger who has a passport issued outside the EU or EEA, including children. The required information includes: family and given names; birth details and gender; nationality and actual occupation; main contact address in the UK; and signature.
INSIGHT_autumn_08.indd 1
WAITING TIMES AT THE BORDER With tougher checks now in place at the border, passengers may have to wait a little longer to get into the UK, especially at peak times. However, through the government’s iris recognition immigration system (IRIS), frequent travellers can seek to register to enter the UK more quickly through automated barriers at certain airports. For further advice on gaining entry to the United Kingdom, please do not hesitate to contact Smith Stone Walters.
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
If the beneficiary is already in the US and is eligible to change from one non-immigrant status to another, a visa may not be required.
11/9/08 22:49:01
04
05
Autumn 08 INSiGHT from Smith Stone Walters
EMPLOYING TEMPORARY WORKERS IN THE USA
USEFUL INFORMATION
US-based employers who wish to hire foreign workers to temporarily perform services, work or train may file an I-129 petition with the US authorities. The I-129 is mainly used for non-immigrant categories, therefore in most cases, workers who enter the US under this petition must depart the US when their maximum period of stay has been reached. Filing the I-129 petition In order to petition for a temporary worker, the prospective employer or agent must file a Form I129, Petition for Non-immigrant Worker, with the US Citizenship and Immigration Services (USCIS), accompanied by the required payment and necessary supporting documentation. Once the petition is approved, the employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee visa issuance to an applicant. Applying for the visa Prospective workers outside the USA must generally apply for a visa upon the approval of the petition. This secondary application can be initiated after the USCIS has approved the I-129 and sent notice to the consulate in the beneficiary’s country.
Smith Stone Walters USA Through the establishment of our New York office, Smith Stone Walters USA is now able to manage immigration matters relating to entry into the United States. Our in-house attorney, Jane Orgel, specialises in all USbased immigration and work authorisation matters and is on-hand to facilitate moves in this direction. For more information on the US-based services offered, contact Smith Stone Walters today.
Autumn 08 INSiGHT from Smith Stone Walters
NEW ADDRESS: Smith Stone Walters Ltd Title House 33-39 Elmfield Road Bromley Kent BR1 1LT
FOCUS
Within each of our quarterly newsletters, Smith Stone Walters highlights a particular area of UK immigration law to provide clients with a clear and concise account of the key issues. We trust this section will prove to be both informative and of interest to you. Our focus for this quarter falls upon...
Autumn 08
Tel: +44 (20) 8461 6660 Fax: +44 (20) 8461 6661 Email: [email protected]
Arrival at the UK border
INSiGHT
Immigration News & Views from Smith Stone Walters
This page explains what a passenger from outside the EEA (and Switzerland) can expect when they arrive at the UK border.
IN THIS ISSUE
An Immigration Officer will scan their passport and check the passenger’s landing card (see below) details to make sure they have the right to enter the UK. The officer may also ask the passenger for further information about their visit to this country before giving them permission to enter.
01
The passenger should carry any documents relevant to their stay in their hand luggage so that they are available if an officer asks for them. This may include their travel itinerary, work permit, or university or sponsorship letter.
02
If they want to stay more than 6 months the passenger will need a visa or entry clearance to enter the UK, even if they are not a visa national. If the passenger is a visa national they will need a visa to enter the UK for any length of time.
03
If the passenger is entering from certain countries and wants to stay in the UK for more than 6 months, the UK Border Agency will normally ask a medical inspector to examine them.
EDITORIAL:
Points-based system – apply for a sponsor licence by 1 October LATEST INFORMATION:
Possible new visa regimes from 2009 Easier travel between the UK and US Hi-tech electronic borders Marriage visa age raised to prevent forced marriages
04 05
USEFUL INFORMATION:
Employing temporary workers in the USA FOCUS ON:
Arrival at the UK border
Entry into the US Applicants should be aware that a visa does not guarantee admission into the US. The US Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant, even if the applicant has a visa. The CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorised to remain in the US. When to file Petitions should be filed as soon as possible, but no more than 6 months before the proposed employment will begin or the extension of stay is required. If the petition is not submitted at least 45 days before the employment will begin, petition processing and subsequent visa issuance may not be completed before the assignee’s services are required or previous employment authorisation ends.
FORMS (LANDING CARDS) All passengers have to complete a landing card, unless: they hold a passport issued in the EU or EEA; or their final destination is not the UK, the Channel Islands, Isle of Man, or Republic of Ireland (known as the common travel area) and the passenger does not need to go through immigration control to continue their journey. A landing card must be fully completed for each passenger who has a passport issued outside the EU or EEA, including children. The required information includes: family and given names; birth details and gender; nationality and actual occupation; main contact address in the UK; and signature.
INSIGHT_autumn_08.indd 1
WAITING TIMES AT THE BORDER With tougher checks now in place at the border, passengers may have to wait a little longer to get into the UK, especially at peak times. However, through the government’s iris recognition immigration system (IRIS), frequent travellers can seek to register to enter the UK more quickly through automated barriers at certain airports. For further advice on gaining entry to the United Kingdom, please do not hesitate to contact Smith Stone Walters.
This publication is not meant to be used as a substitute for proper professional advice based on the facts of a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters Limited accepts no liability for any action taken based on the contents of this publication.
If the beneficiary is already in the US and is eligible to change from one non-immigrant status to another, a visa may not be required.
11/9/08 22:49:01
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