For those wishing to settle in the UK the government has introduced a tougher Life in the UK test
By Milton Tella
A new Immigration Bill to further reform the immigration system by tightening immigration law, strengthening enforcement powers and clamping down on those from overseas who abuse public services is the centrepiece of the Queen’s speech 2013.
The Government has slashed net migration by a third so far, with levels at their lowest since December 2008. Yet, it is still transforming all routes into the UK to bring immigration back under control.
The much abused student migration route has been blocked, ensuring those who bring family members to the UK can support them without relying on the state and set an annual limit on the number non-EEA people who can come to Britain to work.
The requirements on educational establishments that are allowed to sponsor international students are tougher. Students now have to have a graduate level job in order to stay in the country when their course is finished.
A new credibility interviewing system for students from higher risk countries has been introduced from 2013. Route for entrepreneurs, MBA students and it is now easier for those with PhDs to find jobs once they have finished their studies. A new exceptional talent route for those recognised as being among the best in their field has also been launched.
A new provision to ensure Article 8 (the right to stay in the country because of family connections) is not abused so courts balance the crime committed against the right to remain in the country.
Landlords of private housing will now have to check the immigration status of tenants and face fines of thousands of pounds if they don’t.
Migrants will have no access to the NHS, ensuring that temporary migrants make a contribution and tough action against businesses that use illegal labour, including more substantial fines.
A new residence test that means most individuals must be lawfully resident in Britain for at least 12 months before they can get access to civil legal aid. This requires secondary legislation later this year.
Access to certain benefits for EEA national jobseekers is limited and retained workers to six months by amending the Immigration Regulations (2006) to create a statutory presumption to come in to force in January 2014.
All EEA national cannot have a right to claim certain benefits for more than six months if they do not actively seek work and show that they have a genuine chance of getting a job.
A new rule will make sure that only those with a well-established local residency and local associations qualify for social homes in their area. We will do this through new statutory housing allocations guidance to set out that a reasonable period of residency would be between two and five years;
Right of appeal for family visitors has been scraped, bringing it in line with all other visitor routes – stopping approximately 44,700 appeals clogging up the system.
The probationary period for settlement for non-EEA spouses and partners has been extended from two years to five years, to test the genuineness of the relationship and now allow adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK.
There is no limit on the number of intra company transfers that can come to the UK and it is even easier for these individuals to come to the UK by reducing the amount of paperwork they need to provide.
Major reforms of the UK Border Agency has taken place, a new National Crime Agency with a border policing command; the Identity and Passport Service continues to operate to a high standard; and since the split of the Border Force from UKBA last year.
The Home Secretary recently announced major reforms of the UK Border Agency which will mean, UKBA will cease to be an arm’s length agency and will now sit in the Home Office, reporting to Ministers. UKBA will be split in two to have a immigration and visa service and an immigration law enforcement organisation;
The Queen’s Speech is intended to introduce measures that will help people get on in life. Other Bills that back individuals every step of the way and allow them to show their full potential and flourish include a National Insurance Contributions Bill will cut the cost of recruiting new employees – taking forward the commitment in the last Budget to slash National Insurance Contributions (NICs) for small businesses, meaning up to 1.25 million employers will benefit, with around 450,000 of these taken out of paying employer NICs altogether – one third of all employers.
A Deregulation Bill which will reduce the burden of unnecessary legislation on firms looking to grow – weeding out unnecessary red tape and burdens that can make life difficult for small businesses.
A Social Care Bill to cap social care costs, so pensioners do not have to sell their homes to fund their care;
A Pensions Bill to create a simple, flat rate pension that encourages saving and helps women who have had long career breaks; and,
A Consumer Rights Bill to promote growth through competitive markets – covering consumer rights including goods, services, digital content and unfair contract terms. It would also consolidate of over sixty pieces of legislation on Trading Standards’ powers to investigate beaches of consumer law into one piece of legislation.