Background

The role of the Independent Chief Inspector of Borders and Immigration was established by the UK Borders Act 2007 to examine the efficiency and effectiveness of the UK Border Agency. The most recent report examined applications made by foreign nationals to join or remain with a person permanently and lawfully settled in the UK.

Scope

The inspection centred on the quality and consistency of decision-making in cases where people had applied for:

Leave to enter (LTE) and leave to remain (LTR) on the basis of marriage or civil partnership which could lead to permanent settlement; and

Permanent settlement (indefinite leave to remain – ILR) on the basis of marriage or civil partnership.

In the year ending March 2011, 42,000 spouse and settlement visa applications were made worldwide.

Findings

Although the Inspectorate found that 87% of decisions made under the Immigration Rules were reasonable, the Agency was advised to extend its good practice overseas on the retention of evidence to its casework functions in the UK. It also recommended that the UK Border Agency ensure that human rights are considered consistently in all relevant

cases, including those overseas.

From the file sample taken, it was further noted that the Agency did not adopt a consistent approach in assessing whether an applicant could be maintained without access to public funds. Conversely, the UKBA had been thorough in checking all applicants against the Police National Computer and the Home Office Warnings Index in order to establish whether applicants held previous convictions in the UK and/or adverse immigration histories. The Inspectorate was also pleased to find that there were effective processes in

place for managing the personal data of applicants and their sponsors.

Failings

The biggest concern raised by the Inspectorate centred on the growing number of cases where applicants had asked the Agency to reconsider its decision to refuse to grant further leave. The figure stood at 14,000 cases at the end of September 2012 and had been rising by approximately 700 a month. This figure did not include an additional 2,100 cases where the Agency had not made an initial decision.

The Agency was advised that they must deal swiftly and effectively with this backlog of work.

UKBA’s response

The UKBA welcomed the recommendations made and felt that the new family Immigration Rules, introduced in July 2012, provided a new basis for clear and consistent decision-making in marriage cases whilst also providing individuals with the opportunity to apply on the basis of their family or private life under Article 8.

In regards to the backlog of work, the UKBA stated that whilst there was no legal obligation to ‘re-consider’ these completed applications, their contract for services with Capita made provision for the cases accumulating in the Migration Refusal Pool to be systematically worked through.

spring 13

Immigration News & Views from Smith Stone WaltersChief Inspector’s examination of Spousal Applications

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Smith Stone WaltersThe Capital, C-70 G BlockBKC, Bandra (E)Mumbai, 4000051

Tel: +91 22 6712 8435Fax: +91 22 6712 8999Email: india@smithstonewalters.com

Smith Stone WaltersLevel 21 The Center99 Queen’s Road CentralCentral, Hong Kong

Tel: +852 3478 3757Fax: +852 3478 3760Email: hk@smithstonewalters.com

To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...

India:Hong Kong:

focusSmith Stone Walters111 John StreetSuite 800New York, NY, 10038

Tel: +1 646 378 4406Fax: +1 646 378 4409Email: usa@ smithstonewalters.com

USA:Smith Stone Walters LtdTitle House33-39 Elmfield RoadBromley, Kent, BR1 1LT

Tel: +44 (20) 8461 6660Fax: +44 (20) 8461 6661Email: info@smithstonewalters.com

UK:

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Waltersspring 13 spring 13

Contact Smith Stone Walters today for further information on our UK immigration services

KiLimANjAro coNquErEd iN SmiTh SToNE WALTErS fuNd rAiSEr Smith Stone Walters recently supported two of their Directors Gary Smith and James Walters in a fund raising effort to climb Kilimanjaro. Both James and Gary made the summit and managed to come back intact! James was raising funds for Compassion UK and we are delighted that his climb has resulted in the purchase of 50 water filters which will go to help families in Togo. The situation in Togo is critical where only 61 per cent of the population has access to a safe water source. Gary was fund raising for “beating bowel cancer”. This is one of the UK’s leading cancer charities who help provide support and raise awareness of the UK’s 2nd biggest cancer killer.

congratulations to both

PrEmium APPoiNTmENT fAcTS: The demand from UKBA’s customers for priority processing appointments continues to grow. The majority of appointment slots are released between midnight and 6am from Monday to Friday. The number of appointments released each day at each Public Enquiry Office is:

BELFAST: 12, CARDIFF: 26, SHEFFIELD: 30, GLASGOW: 35, SOLIHULL: 40, LIVERPOOL: 58, CROYDON: 220.

If your employee’s ‘in-country’ application needs to be processed urgently, please speak to your Account Manager in relation to the Premium Appointment services offered by the smith stone Walters Team.

AduLT dEPENdENT rELATivES – did you KNoW? The opportunity to live permanently in the UK as an adult dependent relative of someone who is already a permanent resident here are limited. If you are aged 18 or over and are a parent, grandparent, brother, sister, son or daughter of a British citizen or person settled in the UK, the UK Border Agency will only enable you to join a settled person in the UK if:

You need long-term personal care to perform everyday tasks, such as washing and cooking.

The care you need is not available in the country where you are living, either because there is no person who can reasonably provide it or because it is not affordable.

Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds.

smith stone Walters can advise you and your staff fully on the rules relating to family members seeking entry to the united Kingdom – please call 0208 461 6660

Kilimanjaro conquered in Smith Stone Walters fund raiser

iN ThiS iSSuEeditorial: Employers’ Immigration Duties…Have you read chapter & verse?

latest changes:Entrepreneurs: please take note!Updated Life in the UK Test & Handbook Criminal Record – Rule Change

Shortage Occupation List to be reduced Permitted absences – pre & post 13 December 2012

latest news:Kilimanjaro conquered in Smith Stone Walters fund raiserPremium Appointment FactsAdult Dependent Relatives – Did you know?

focus on:Chief Inspector’s examination of Spousal Applications

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WHAT CLIENTS SAY ABOUT US:

“We are fully satisfied with your helpful and prompt support. Thank you very much.” YT, Medical company

“fantastic job done by connie (ssW Hong Kong) – very well executed. Really enjoyed transparency.” MS, Engineering company

“Prestina (ssW India) helped a lot for everything, starting from document preparation and verification up through the visa interview. she is a good support & great help for the process.” VC, Investment Bank

“Kate (ssW uK) was absolutely helpful throughout the application process. Everything went smoothly and was very well organised. Thumbs up for the service I have received. I would highly recommend you to anyone.” MA, Technology Company

“Gary (ssW uK) was a pleasure and supportive to work with. I always knew he’d respond to my queries in a timely manner and made me feel relaxed during a quite possibly stressful time! Thanks very much!” LS, Technology company

“I had worked with Jack (ssW usA) once before, and the great job he did last time was no fluke. Another solid job and quick turnaround. Thank you! ” BB, Investment Bank

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ShorTAGE occuPATioN LiST To BE rEducEd The shortage occupation list forms part of the employment based Tier 2 immigration route. Since there are not enough resident workers to fill the jobs in these identified shortage occupations, UK employers are not required to undertake a resident labour market test before hiring migrants for these roles. The types of UK occupations listed as ‘shortage’ include: actuaries, high integrity pipe welders, environmental scientists, and geochemists.

In their latest report, the Migration Advisory Committee (MAC) has advised that the number of specialist UK jobs which need to be filled by workers from outside the European Economic Area is falling, and it recommends a reduction in employment covered by the UK’s shortage occupation list. In reality, the number of migrants taking up jobs via this route each year represents only about 1 in 400 of all immigrants coming to the UK. Whilst the MAC believes a classification of shortage occupations should be maintained, it also suggests that the government may wish to impose some limit on the length of time a particular role remains on the list in order to focus the minds of employers on the need for up-skilling in certain sectors.

PErmiTTEd ABSENcES – PrE & PoST 13 dEcEmBEr 2012A fundamental immigration change to the calculation of a migrant’s absences from the UK came into effect on 13 December 2012.

Before 13 December 2012, the total number of absences that could be disregarded by the caseworker when considering a settlement application was 180 days throughout the whole 5 years of the continuous period, and any single absence that exceeded 90 days would have broken continuity meaning that the applicant would have had to start the continuous period again.

Absences exceeding the 180-day limit could only be disregarded by a UK Border Agency senior caseworker after examining the evidence provided by the employer explaining the reasons for the excessive absence.

Since 13 December 2012, the immigration rules now define the number and type of absences that will not break continuity. This has increased from 180 days (due to work/business-related reasons) over the whole 5-year period, to 180 days in each of the 12 months that make up the applicant’s continuous period. There is no longer a 90-day limit for any single absence.

ENTrEPrENEurS: PLEASE TAKE NoTE!A written ministerial statement has recently been laid in Parliament to allow the following changes to be made to the Tier 1 (Entrepreneur) scheme:

The introduction of a genuine entrepreneur test which will give UK Border Agency caseworkers the ability to test the credibility of suspicious applicants; and

A change that requires the necessary minimum funds to be held, or invested in the business, on an ongoing basis rather than solely at the time of application.

A ‘genuine entrepreneur’ test will be conducted by the UKBA caseworker, taking into consideration various factors including the viability and credibility of the applicant’s business plans and market research into his or her chosen business sector. It appears these measures are being taken by the authorities with a view to removing potential abuse by applicants applying via this visa route.

Further details in relation to this visa route can be obtained by contacting Smith Stone Walters

uPdATEd LifE iN ThE uK TEST & hANdBooKA new ‘Life in the UK’ test will be introduced on 25 March 2013, 8 weeks after publication of the new associated handbook. The new handbook supports the UK Border Agency’s ‘Life in the UK’ test for migrants wishing to seek permanent residence in the UK or naturalisation as a British citizen.

The new test will include questions on all sections of the new handbook, which has been updated to provide the reader with a more accurate reflection of living in the UK, with a greater focus on British culture and history.

crimiNAL rEcord – ruLE chANGE Be aware! Since the immigration rule change of 13 December 2012, an application for settlement will be refused where applicants have, within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out-of-court disposal recorded on their criminal record.

EmPLoyErS’ immiGrATioN duTiES…hAvE you rEAd chAPTEr & vErSE?

“If we could ever make red tape nutritional, we could feed the world.”

It is quite possible this quote originated from a customer of the United Kingdom Border Agency (UKBA).

The current Tier 2 and Tier 5 Sponsor Guidance that UK employers have to navigate through runs to 125 pages. This excludes the 6 different appendices and the 42-page ‘How to Use’ guide. When you consider these documents can be routinely revised 2 or 3 times every year, is it any wonder that many HR professionals are left scratching their heads and playing catch-up to ensure they maintain compliance when it comes to hiring and reporting on a migrant population?

No escape

There are currently more than 26,000 employers registered with the UKBA as sponsors of migrant workers. Regardless of whether these licence holders are established multi-national organisations

or micro-employers who have just commenced trading in the UK, the message is clear: They must adhere to the published sponsor-based responsibilities and duties and keep up-to-date with any changes made by the UKBA. Since the phrase ‘you must’ appears in excess of 250 times in the 125-page published guide, employers should take note that there is no escaping these obligations without potentially facing punitive action.

Unfortunately, the prescriptive list of sponsor duties an employer is expected to follow leaves little room to run certain HR-based processes ‘on trust’. Each duty mentioned within the guidance for sponsors must be adhered to. For example, many employers may not wish to maintain an up-to-date history of each staff member’s contact details nor indeed retain flawless records on the day-to-day whereabouts of all their migrant staff, especially the most senior ones. However, the omission of such simple measures routinely catches out employers when audited by the immigration authorities. One punishment UKBA visiting officers are increasingly giving out is to recommend downgrading sponsor licences to a ‘B’ rating for employers who have neglected or overlooked the published sponsorship duties. Such action is usually taken where it is clear that the UK employer has little or no awareness of its responsibilities towards record keeping and/or reporting activity relating to its migrant staff.

If a company is awarded a ‘B’ rating, it must adhere to an action plan that includes all the steps the employer must take to enable it to return to an ‘A’ rating within a 3-month period. Aside from the indignity of holding a ‘B’ rating, the company would not be allowed to assign any certificates of sponsorship to new migrants and would be charged £1500 towards the cost of working with the UKBA to re-establish an ‘A’ grade status. Being downgraded should therefore be avoided at all costs.

Smith Stone Walters

As the UK immigration representatives to a number of UK-based organisations, Smith Stone Walters has observed more than its fair share of UKBA sponsorship audits. In our experience, the vast majority of UK employers come through an UKBA inspection process relatively unscathed since they recognise compliance is an important issue and take the necessary steps to ensure adherence to the sponsor guidance. Wading through the bulky UKBA publications may be onerous. However, those employers holding a sponsorship licence are left with no choice but to engage with them. As the UKBA says, ‘you must’.

IN THE NEXT EDITION OF INSIGHT: SMITH STONE WALTERS’ IMMIGRATION CASE MANAGEMENT SYSTEM SIM IS UNVEILED!!

SMITH STONE WALTERS + + + UK IMMIGRATION SPECIALISTS + + + DEDICATED OFFICES IN UK, USA, HONG KONG & INDIA + +

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ShorTAGE occuPATioN LiST To BE rEducEd The shortage occupation list forms part of the employment based Tier 2 immigration route. Since there are not enough resident workers to fill the jobs in these identified shortage occupations, UK employers are not required to undertake a resident labour market test before hiring migrants for these roles. The types of UK occupations listed as ‘shortage’ include: actuaries, high integrity pipe welders, environmental scientists, and geochemists.

In their latest report, the Migration Advisory Committee (MAC) has advised that the number of specialist UK jobs which need to be filled by workers from outside the European Economic Area is falling, and it recommends a reduction in employment covered by the UK’s shortage occupation list. In reality, the number of migrants taking up jobs via this route each year represents only about 1 in 400 of all immigrants coming to the UK. Whilst the MAC believes a classification of shortage occupations should be maintained, it also suggests that the government may wish to impose some limit on the length of time a particular role remains on the list in order to focus the minds of employers on the need for up-skilling in certain sectors.

PErmiTTEd ABSENcES – PrE & PoST 13 dEcEmBEr 2012A fundamental immigration change to the calculation of a migrant’s absences from the UK came into effect on 13 December 2012.

Before 13 December 2012, the total number of absences that could be disregarded by the caseworker when considering a settlement application was 180 days throughout the whole 5 years of the continuous period, and any single absence that exceeded 90 days would have broken continuity meaning that the applicant would have had to start the continuous period again.

Absences exceeding the 180-day limit could only be disregarded by a UK Border Agency senior caseworker after examining the evidence provided by the employer explaining the reasons for the excessive absence.

Since 13 December 2012, the immigration rules now define the number and type of absences that will not break continuity. This has increased from 180 days (due to work/business-related reasons) over the whole 5-year period, to 180 days in each of the 12 months that make up the applicant’s continuous period. There is no longer a 90-day limit for any single absence.

ENTrEPrENEurS: PLEASE TAKE NoTE!A written ministerial statement has recently been laid in Parliament to allow the following changes to be made to the Tier 1 (Entrepreneur) scheme:

The introduction of a genuine entrepreneur test which will give UK Border Agency caseworkers the ability to test the credibility of suspicious applicants; and

A change that requires the necessary minimum funds to be held, or invested in the business, on an ongoing basis rather than solely at the time of application.

A ‘genuine entrepreneur’ test will be conducted by the UKBA caseworker, taking into consideration various factors including the viability and credibility of the applicant’s business plans and market research into his or her chosen business sector. It appears these measures are being taken by the authorities with a view to removing potential abuse by applicants applying via this visa route.

Further details in relation to this visa route can be obtained by contacting Smith Stone Walters

uPdATEd LifE iN ThE uK TEST & hANdBooKA new ‘Life in the UK’ test will be introduced on 25 March 2013, 8 weeks after publication of the new associated handbook. The new handbook supports the UK Border Agency’s ‘Life in the UK’ test for migrants wishing to seek permanent residence in the UK or naturalisation as a British citizen.

The new test will include questions on all sections of the new handbook, which has been updated to provide the reader with a more accurate reflection of living in the UK, with a greater focus on British culture and history.

crimiNAL rEcord – ruLE chANGE Be aware! Since the immigration rule change of 13 December 2012, an application for settlement will be refused where applicants have, within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out-of-court disposal recorded on their criminal record.

EmPLoyErS’ immiGrATioN duTiES…hAvE you rEAd chAPTEr & vErSE?

“If we could ever make red tape nutritional, we could feed the world.”

It is quite possible this quote originated from a customer of the United Kingdom Border Agency (UKBA).

The current Tier 2 and Tier 5 Sponsor Guidance that UK employers have to navigate through runs to 125 pages. This excludes the 6 different appendices and the 42-page ‘How to Use’ guide. When you consider these documents can be routinely revised 2 or 3 times every year, is it any wonder that many HR professionals are left scratching their heads and playing catch-up to ensure they maintain compliance when it comes to hiring and reporting on a migrant population?

No escape

There are currently more than 26,000 employers registered with the UKBA as sponsors of migrant workers. Regardless of whether these licence holders are established multi-national organisations

or micro-employers who have just commenced trading in the UK, the message is clear: They must adhere to the published sponsor-based responsibilities and duties and keep up-to-date with any changes made by the UKBA. Since the phrase ‘you must’ appears in excess of 250 times in the 125-page published guide, employers should take note that there is no escaping these obligations without potentially facing punitive action.

Unfortunately, the prescriptive list of sponsor duties an employer is expected to follow leaves little room to run certain HR-based processes ‘on trust’. Each duty mentioned within the guidance for sponsors must be adhered to. For example, many employers may not wish to maintain an up-to-date history of each staff member’s contact details nor indeed retain flawless records on the day-to-day whereabouts of all their migrant staff, especially the most senior ones. However, the omission of such simple measures routinely catches out employers when audited by the immigration authorities. One punishment UKBA visiting officers are increasingly giving out is to recommend downgrading sponsor licences to a ‘B’ rating for employers who have neglected or overlooked the published sponsorship duties. Such action is usually taken where it is clear that the UK employer has little or no awareness of its responsibilities towards record keeping and/or reporting activity relating to its migrant staff.

If a company is awarded a ‘B’ rating, it must adhere to an action plan that includes all the steps the employer must take to enable it to return to an ‘A’ rating within a 3-month period. Aside from the indignity of holding a ‘B’ rating, the company would not be allowed to assign any certificates of sponsorship to new migrants and would be charged £1500 towards the cost of working with the UKBA to re-establish an ‘A’ grade status. Being downgraded should therefore be avoided at all costs.

Smith Stone Walters

As the UK immigration representatives to a number of UK-based organisations, Smith Stone Walters has observed more than its fair share of UKBA sponsorship audits. In our experience, the vast majority of UK employers come through an UKBA inspection process relatively unscathed since they recognise compliance is an important issue and take the necessary steps to ensure adherence to the sponsor guidance. Wading through the bulky UKBA publications may be onerous. However, those employers holding a sponsorship licence are left with no choice but to engage with them. As the UKBA says, ‘you must’.

IN THE NEXT EDITION OF INSIGHT: SMITH STONE WALTERS’ IMMIGRATION CASE MANAGEMENT SYSTEM SIM IS UNVEILED!!

SMITH STONE WALTERS + + + UK IMMIGRATION SPECIALISTS + + + DEDICATED OFFICES IN UK, USA, HONG KONG & INDIA + +

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INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Waltersspring 13 spring 13 spring 1301 02

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ShorTAGE occuPATioN LiST To BE rEducEd The shortage occupation list forms part of the employment based Tier 2 immigration route. Since there are not enough resident workers to fill the jobs in these identified shortage occupations, UK employers are not required to undertake a resident labour market test before hiring migrants for these roles. The types of UK occupations listed as ‘shortage’ include: actuaries, high integrity pipe welders, environmental scientists, and geochemists.

In their latest report, the Migration Advisory Committee (MAC) has advised that the number of specialist UK jobs which need to be filled by workers from outside the European Economic Area is falling, and it recommends a reduction in employment covered by the UK’s shortage occupation list. In reality, the number of migrants taking up jobs via this route each year represents only about 1 in 400 of all immigrants coming to the UK. Whilst the MAC believes a classification of shortage occupations should be maintained, it also suggests that the government may wish to impose some limit on the length of time a particular role remains on the list in order to focus the minds of employers on the need for up-skilling in certain sectors.

PErmiTTEd ABSENcES – PrE & PoST 13 dEcEmBEr 2012A fundamental immigration change to the calculation of a migrant’s absences from the UK came into effect on 13 December 2012.

Before 13 December 2012, the total number of absences that could be disregarded by the caseworker when considering a settlement application was 180 days throughout the whole 5 years of the continuous period, and any single absence that exceeded 90 days would have broken continuity meaning that the applicant would have had to start the continuous period again.

Absences exceeding the 180-day limit could only be disregarded by a UK Border Agency senior caseworker after examining the evidence provided by the employer explaining the reasons for the excessive absence.

Since 13 December 2012, the immigration rules now define the number and type of absences that will not break continuity. This has increased from 180 days (due to work/business-related reasons) over the whole 5-year period, to 180 days in each of the 12 months that make up the applicant’s continuous period. There is no longer a 90-day limit for any single absence.

ENTrEPrENEurS: PLEASE TAKE NoTE!A written ministerial statement has recently been laid in Parliament to allow the following changes to be made to the Tier 1 (Entrepreneur) scheme:

The introduction of a genuine entrepreneur test which will give UK Border Agency caseworkers the ability to test the credibility of suspicious applicants; and

A change that requires the necessary minimum funds to be held, or invested in the business, on an ongoing basis rather than solely at the time of application.

A ‘genuine entrepreneur’ test will be conducted by the UKBA caseworker, taking into consideration various factors including the viability and credibility of the applicant’s business plans and market research into his or her chosen business sector. It appears these measures are being taken by the authorities with a view to removing potential abuse by applicants applying via this visa route.

Further details in relation to this visa route can be obtained by contacting Smith Stone Walters

uPdATEd LifE iN ThE uK TEST & hANdBooKA new ‘Life in the UK’ test will be introduced on 25 March 2013, 8 weeks after publication of the new associated handbook. The new handbook supports the UK Border Agency’s ‘Life in the UK’ test for migrants wishing to seek permanent residence in the UK or naturalisation as a British citizen.

The new test will include questions on all sections of the new handbook, which has been updated to provide the reader with a more accurate reflection of living in the UK, with a greater focus on British culture and history.

crimiNAL rEcord – ruLE chANGE Be aware! Since the immigration rule change of 13 December 2012, an application for settlement will be refused where applicants have, within the 24 months preceding the date of the application, been convicted of or admitted to an offence and received a non-custodial sentence or other out-of-court disposal recorded on their criminal record.

EmPLoyErS’ immiGrATioN duTiES…hAvE you rEAd chAPTEr & vErSE?

“If we could ever make red tape nutritional, we could feed the world.”

It is quite possible this quote originated from a customer of the United Kingdom Border Agency (UKBA).

The current Tier 2 and Tier 5 Sponsor Guidance that UK employers have to navigate through runs to 125 pages. This excludes the 6 different appendices and the 42-page ‘How to Use’ guide. When you consider these documents can be routinely revised 2 or 3 times every year, is it any wonder that many HR professionals are left scratching their heads and playing catch-up to ensure they maintain compliance when it comes to hiring and reporting on a migrant population?

No escape

There are currently more than 26,000 employers registered with the UKBA as sponsors of migrant workers. Regardless of whether these licence holders are established multi-national organisations

or micro-employers who have just commenced trading in the UK, the message is clear: They must adhere to the published sponsor-based responsibilities and duties and keep up-to-date with any changes made by the UKBA. Since the phrase ‘you must’ appears in excess of 250 times in the 125-page published guide, employers should take note that there is no escaping these obligations without potentially facing punitive action.

Unfortunately, the prescriptive list of sponsor duties an employer is expected to follow leaves little room to run certain HR-based processes ‘on trust’. Each duty mentioned within the guidance for sponsors must be adhered to. For example, many employers may not wish to maintain an up-to-date history of each staff member’s contact details nor indeed retain flawless records on the day-to-day whereabouts of all their migrant staff, especially the most senior ones. However, the omission of such simple measures routinely catches out employers when audited by the immigration authorities. One punishment UKBA visiting officers are increasingly giving out is to recommend downgrading sponsor licences to a ‘B’ rating for employers who have neglected or overlooked the published sponsorship duties. Such action is usually taken where it is clear that the UK employer has little or no awareness of its responsibilities towards record keeping and/or reporting activity relating to its migrant staff.

If a company is awarded a ‘B’ rating, it must adhere to an action plan that includes all the steps the employer must take to enable it to return to an ‘A’ rating within a 3-month period. Aside from the indignity of holding a ‘B’ rating, the company would not be allowed to assign any certificates of sponsorship to new migrants and would be charged £1500 towards the cost of working with the UKBA to re-establish an ‘A’ grade status. Being downgraded should therefore be avoided at all costs.

Smith Stone Walters

As the UK immigration representatives to a number of UK-based organisations, Smith Stone Walters has observed more than its fair share of UKBA sponsorship audits. In our experience, the vast majority of UK employers come through an UKBA inspection process relatively unscathed since they recognise compliance is an important issue and take the necessary steps to ensure adherence to the sponsor guidance. Wading through the bulky UKBA publications may be onerous. However, those employers holding a sponsorship licence are left with no choice but to engage with them. As the UKBA says, ‘you must’.

IN THE NEXT EDITION OF INSIGHT: SMITH STONE WALTERS’ IMMIGRATION CASE MANAGEMENT SYSTEM SIM IS UNVEILED!!

SMITH STONE WALTERS + + + UK IMMIGRATION SPECIALISTS + + + DEDICATED OFFICES IN UK, USA, HONG KONG & INDIA + +

Background

The role of the Independent Chief Inspector of Borders and Immigration was established by the UK Borders Act 2007 to examine the efficiency and effectiveness of the UK Border Agency. The most recent report examined applications made by foreign nationals to join or remain with a person permanently and lawfully settled in the UK.

Scope

The inspection centred on the quality and consistency of decision-making in cases where people had applied for:

Leave to enter (LTE) and leave to remain (LTR) on the basis of marriage or civil partnership which could lead to permanent settlement; and

Permanent settlement (indefinite leave to remain – ILR) on the basis of marriage or civil partnership.

In the year ending March 2011, 42,000 spouse and settlement visa applications were made worldwide.

Findings

Although the Inspectorate found that 87% of decisions made under the Immigration Rules were reasonable, the Agency was advised to extend its good practice overseas on the retention of evidence to its casework functions in the UK. It also recommended that the UK Border Agency ensure that human rights are considered consistently in all relevant

cases, including those overseas.

From the file sample taken, it was further noted that the Agency did not adopt a consistent approach in assessing whether an applicant could be maintained without access to public funds. Conversely, the UKBA had been thorough in checking all applicants against the Police National Computer and the Home Office Warnings Index in order to establish whether applicants held previous convictions in the UK and/or adverse immigration histories. The Inspectorate was also pleased to find that there were effective processes in

place for managing the personal data of applicants and their sponsors.

Failings

The biggest concern raised by the Inspectorate centred on the growing number of cases where applicants had asked the Agency to reconsider its decision to refuse to grant further leave. The figure stood at 14,000 cases at the end of September 2012 and had been rising by approximately 700 a month. This figure did not include an additional 2,100 cases where the Agency had not made an initial decision.

The Agency was advised that they must deal swiftly and effectively with this backlog of work.

UKBA’s response

The UKBA welcomed the recommendations made and felt that the new family Immigration Rules, introduced in July 2012, provided a new basis for clear and consistent decision-making in marriage cases whilst also providing individuals with the opportunity to apply on the basis of their family or private life under Article 8.

In regards to the backlog of work, the UKBA stated that whilst there was no legal obligation to ‘re-consider’ these completed applications, their contract for services with Capita made provision for the cases accumulating in the Migration Refusal Pool to be systematically worked through.

spring 13

Immigration News & Views from Smith Stone WaltersChief Inspector’s examination of Spousal Applications

LATE

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04 05

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Smith Stone WaltersThe Capital, C-70 G BlockBKC, Bandra (E)Mumbai, 4000051

Tel: +91 22 6712 8435Fax: +91 22 6712 8999Email: india@smithstonewalters.com

Smith Stone WaltersLevel 21 The Center99 Queen’s Road CentralCentral, Hong Kong

Tel: +852 3478 3757Fax: +852 3478 3760Email: hk@smithstonewalters.com

To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...

India:Hong Kong:

focusSmith Stone Walters111 John StreetSuite 800New York, NY, 10038

Tel: +1 646 378 4406Fax: +1 646 378 4409Email: usa@ smithstonewalters.com

USA:Smith Stone Walters LtdTitle House33-39 Elmfield RoadBromley, Kent, BR1 1LT

Tel: +44 (20) 8461 6660Fax: +44 (20) 8461 6661Email: info@smithstonewalters.com

UK:

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Waltersspring 13 spring 13

Contact Smith Stone Walters today for further information on our UK immigration services

KiLimANjAro coNquErEd iN SmiTh SToNE WALTErS fuNd rAiSEr Smith Stone Walters recently supported two of their Directors Gary Smith and James Walters in a fund raising effort to climb Kilimanjaro. Both James and Gary made the summit and managed to come back intact! James was raising funds for Compassion UK and we are delighted that his climb has resulted in the purchase of 50 water filters which will go to help families in Togo. The situation in Togo is critical where only 61 per cent of the population has access to a safe water source. Gary was fund raising for “beating bowel cancer”. This is one of the UK’s leading cancer charities who help provide support and raise awareness of the UK’s 2nd biggest cancer killer.

congratulations to both

PrEmium APPoiNTmENT fAcTS: The demand from UKBA’s customers for priority processing appointments continues to grow. The majority of appointment slots are released between midnight and 6am from Monday to Friday. The number of appointments released each day at each Public Enquiry Office is:

BELFAST: 12, CARDIFF: 26, SHEFFIELD: 30, GLASGOW: 35, SOLIHULL: 40, LIVERPOOL: 58, CROYDON: 220.

If your employee’s ‘in-country’ application needs to be processed urgently, please speak to your Account Manager in relation to the Premium Appointment services offered by the smith stone Walters Team.

AduLT dEPENdENT rELATivES – did you KNoW? The opportunity to live permanently in the UK as an adult dependent relative of someone who is already a permanent resident here are limited. If you are aged 18 or over and are a parent, grandparent, brother, sister, son or daughter of a British citizen or person settled in the UK, the UK Border Agency will only enable you to join a settled person in the UK if:

You need long-term personal care to perform everyday tasks, such as washing and cooking.

The care you need is not available in the country where you are living, either because there is no person who can reasonably provide it or because it is not affordable.

Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds.

smith stone Walters can advise you and your staff fully on the rules relating to family members seeking entry to the united Kingdom – please call 0208 461 6660

Kilimanjaro conquered in Smith Stone Walters fund raiser

iN ThiS iSSuEeditorial: Employers’ Immigration Duties…Have you read chapter & verse?

latest changes:Entrepreneurs: please take note!Updated Life in the UK Test & Handbook Criminal Record – Rule Change

Shortage Occupation List to be reduced Permitted absences – pre & post 13 December 2012

latest news:Kilimanjaro conquered in Smith Stone Walters fund raiserPremium Appointment FactsAdult Dependent Relatives – Did you know?

focus on:Chief Inspector’s examination of Spousal Applications

01

02

03

05

04

WHAT CLIENTS SAY ABOUT US:

“We are fully satisfied with your helpful and prompt support. Thank you very much.” YT, Medical company

“fantastic job done by connie (ssW Hong Kong) – very well executed. Really enjoyed transparency.” MS, Engineering company

“Prestina (ssW India) helped a lot for everything, starting from document preparation and verification up through the visa interview. she is a good support & great help for the process.” VC, Investment Bank

“Kate (ssW uK) was absolutely helpful throughout the application process. Everything went smoothly and was very well organised. Thumbs up for the service I have received. I would highly recommend you to anyone.” MA, Technology Company

“Gary (ssW uK) was a pleasure and supportive to work with. I always knew he’d respond to my queries in a timely manner and made me feel relaxed during a quite possibly stressful time! Thanks very much!” LS, Technology company

“I had worked with Jack (ssW usA) once before, and the great job he did last time was no fluke. Another solid job and quick turnaround. Thank you! ” BB, Investment Bank

Background

The role of the Independent Chief Inspector of Borders and Immigration was established by the UK Borders Act 2007 to examine the efficiency and effectiveness of the UK Border Agency. The most recent report examined applications made by foreign nationals to join or remain with a person permanently and lawfully settled in the UK.

Scope

The inspection centred on the quality and consistency of decision-making in cases where people had applied for:

Leave to enter (LTE) and leave to remain (LTR) on the basis of marriage or civil partnership which could lead to permanent settlement; and

Permanent settlement (indefinite leave to remain – ILR) on the basis of marriage or civil partnership.

In the year ending March 2011, 42,000 spouse and settlement visa applications were made worldwide.

Findings

Although the Inspectorate found that 87% of decisions made under the Immigration Rules were reasonable, the Agency was advised to extend its good practice overseas on the retention of evidence to its casework functions in the UK. It also recommended that the UK Border Agency ensure that human rights are considered consistently in all relevant

cases, including those overseas.

From the file sample taken, it was further noted that the Agency did not adopt a consistent approach in assessing whether an applicant could be maintained without access to public funds. Conversely, the UKBA had been thorough in checking all applicants against the Police National Computer and the Home Office Warnings Index in order to establish whether applicants held previous convictions in the UK and/or adverse immigration histories. The Inspectorate was also pleased to find that there were effective processes in

place for managing the personal data of applicants and their sponsors.

Failings

The biggest concern raised by the Inspectorate centred on the growing number of cases where applicants had asked the Agency to reconsider its decision to refuse to grant further leave. The figure stood at 14,000 cases at the end of September 2012 and had been rising by approximately 700 a month. This figure did not include an additional 2,100 cases where the Agency had not made an initial decision.

The Agency was advised that they must deal swiftly and effectively with this backlog of work.

UKBA’s response

The UKBA welcomed the recommendations made and felt that the new family Immigration Rules, introduced in July 2012, provided a new basis for clear and consistent decision-making in marriage cases whilst also providing individuals with the opportunity to apply on the basis of their family or private life under Article 8.

In regards to the backlog of work, the UKBA stated that whilst there was no legal obligation to ‘re-consider’ these completed applications, their contract for services with Capita made provision for the cases accumulating in the Migration Refusal Pool to be systematically worked through.

spring 13

Immigration News & Views from Smith Stone WaltersChief Inspector’s examination of Spousal Applications

LATE

ST N

EWS

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any

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bas

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he

con

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ubl

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ion

.

Smith Stone WaltersThe Capital, C-70 G BlockBKC, Bandra (E)Mumbai, 4000051

Tel: +91 22 6712 8435Fax: +91 22 6712 8999Email: india@smithstonewalters.com

Smith Stone WaltersLevel 21 The Center99 Queen’s Road CentralCentral, Hong Kong

Tel: +852 3478 3757Fax: +852 3478 3760Email: hk@smithstonewalters.com

To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...

India:Hong Kong:

focusSmith Stone Walters111 John StreetSuite 800New York, NY, 10038

Tel: +1 646 378 4406Fax: +1 646 378 4409Email: usa@ smithstonewalters.com

USA:Smith Stone Walters LtdTitle House33-39 Elmfield RoadBromley, Kent, BR1 1LT

Tel: +44 (20) 8461 6660Fax: +44 (20) 8461 6661Email: info@smithstonewalters.com

UK:

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Waltersspring 13 spring 13

Contact Smith Stone Walters today for further information on our UK immigration services

KiLimANjAro coNquErEd iN SmiTh SToNE WALTErS fuNd rAiSEr Smith Stone Walters recently supported two of their Directors Gary Smith and James Walters in a fund raising effort to climb Kilimanjaro. Both James and Gary made the summit and managed to come back intact! James was raising funds for Compassion UK and we are delighted that his climb has resulted in the purchase of 50 water filters which will go to help families in Togo. The situation in Togo is critical where only 61 per cent of the population has access to a safe water source. Gary was fund raising for “beating bowel cancer”. This is one of the UK’s leading cancer charities who help provide support and raise awareness of the UK’s 2nd biggest cancer killer.

congratulations to both

PrEmium APPoiNTmENT fAcTS: The demand from UKBA’s customers for priority processing appointments continues to grow. The majority of appointment slots are released between midnight and 6am from Monday to Friday. The number of appointments released each day at each Public Enquiry Office is:

BELFAST: 12, CARDIFF: 26, SHEFFIELD: 30, GLASGOW: 35, SOLIHULL: 40, LIVERPOOL: 58, CROYDON: 220.

If your employee’s ‘in-country’ application needs to be processed urgently, please speak to your Account Manager in relation to the Premium Appointment services offered by the smith stone Walters Team.

AduLT dEPENdENT rELATivES – did you KNoW? The opportunity to live permanently in the UK as an adult dependent relative of someone who is already a permanent resident here are limited. If you are aged 18 or over and are a parent, grandparent, brother, sister, son or daughter of a British citizen or person settled in the UK, the UK Border Agency will only enable you to join a settled person in the UK if:

You need long-term personal care to perform everyday tasks, such as washing and cooking.

The care you need is not available in the country where you are living, either because there is no person who can reasonably provide it or because it is not affordable.

Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds.

smith stone Walters can advise you and your staff fully on the rules relating to family members seeking entry to the united Kingdom – please call 0208 461 6660

Kilimanjaro conquered in Smith Stone Walters fund raiser

iN ThiS iSSuEeditorial: Employers’ Immigration Duties…Have you read chapter & verse?

latest changes:Entrepreneurs: please take note!Updated Life in the UK Test & Handbook Criminal Record – Rule Change

Shortage Occupation List to be reduced Permitted absences – pre & post 13 December 2012

latest news:Kilimanjaro conquered in Smith Stone Walters fund raiserPremium Appointment FactsAdult Dependent Relatives – Did you know?

focus on:Chief Inspector’s examination of Spousal Applications

01

02

03

05

04

WHAT CLIENTS SAY ABOUT US:

“We are fully satisfied with your helpful and prompt support. Thank you very much.” YT, Medical company

“fantastic job done by connie (ssW Hong Kong) – very well executed. Really enjoyed transparency.” MS, Engineering company

“Prestina (ssW India) helped a lot for everything, starting from document preparation and verification up through the visa interview. she is a good support & great help for the process.” VC, Investment Bank

“Kate (ssW uK) was absolutely helpful throughout the application process. Everything went smoothly and was very well organised. Thumbs up for the service I have received. I would highly recommend you to anyone.” MA, Technology Company

“Gary (ssW uK) was a pleasure and supportive to work with. I always knew he’d respond to my queries in a timely manner and made me feel relaxed during a quite possibly stressful time! Thanks very much!” LS, Technology company

“I had worked with Jack (ssW usA) once before, and the great job he did last time was no fluke. Another solid job and quick turnaround. Thank you! ” BB, Investment Bank