Immigration Barristers' Blog

The Institute of Directors (IoD) has spoken out against the government's proposed changes to the student visa system.

The Director-General of the IoD, Simon Walker, said: “The Government’s moves to eject foreign students after graduation unless they earn at least £20,000 working for Home Office approved companies are a retrograde step which will continue to diminish both Britain’s higher education sector and its global influence.

“Most non-EU students come from emerging economies where the youth population is growing and education is highly prized. In business and geo-political terms it is particularly vital that future leaders from BRIC nations, the Middle East and other strong economies of the future have had a positive formative relationship with the UK. Other countries welcome such students: Britain makes it difficult and artificially expensive for them to enter, and now proposes to eject them ignominiously when their studies are finished.

“These are misdirected reforms which will produce no benefit for the UK. It is pure sophistry to manipulate immigration figures by shooing to the door highly-trained international students with MBAs to make way for unskilled migrants from the EU.”

In a recent statement of intent, the government has announced more details of its new Tier 1 (Graduate Entrepreneur) scheme.  Open from 6 April 2012, the scheme will be available to those who have been identified by UK universities as having developed world class innovative ideas or entrepreneurial skills, but who are not yet in a position to meet the full requirements of the Tier 1 (Entrepreneur) route.

The scheme will be open to all HEIs which are Highly Trusted Sponsors for the purposes of Tier 4 of the points-based system, and A Rated for the purposes of Tier 2 if such a licence is held.

The HEI must:

• have an established process for identifying, nurturing and developing entrepreneurs amongst their undergraduate and post graduate population;
• maintain contact with migrants and assess their progress at regular intervals (at least quarterly); and
• inform the UK Border Agency if migrants are no longer participating in the scheme.

Applicants will need to be in the UK and sponsored by the HEI from which they have graduated. The government will give HEIs the freedom to decide how to best identify the strongest candidates, but there will be an overall limit of 1,000 places for the first year. This limit will be divided equally between participating HEIs.

Successful applicants will be granted leave for 12 months initially, which may be extended for a further 12 months, providing the sponsoring HEI is satisfied with the progress they have made. They will be expected to spend the majority of their time developing their businesses, but may also undertake other work for up to 20 hours a week to support themselves. They will be able to sponsor dependants provided they meet the Tier 1 maintenance requirements.

Time in this category will not count towards the qualifying period for settlement in the UK. At the end of the second year in this category, migrants must either switch into Tier 1 (Entrepreneur) or leave the UK.  The government intends to lower the funds required to switch into the main Tier 1 (Entrepreneur) route for this group, from £200,000 to £50,000.  It also intends to apply this lower threshold to migrants who are currently in Tier 1 (Post-Study Work) and have established their own business in the UK.

The UK Border Agency will not second-guess HEIs’ choice of graduate entrepreneurs they wish to sponsor (beyond the applying the normal General Grounds for Refusal for those with an adverse immigration or security history, and the need to satisfy Tier 1 English language and maintenance requirements). The government also recognises that an idea may not be developed successfully. In that case the migrant will be expected to leave the UK and the HEI will not be penalised in any way. If on the other hand the HEI does not comply with its responsibilities under this route, this will count against the HEI’s Highly Trusted Sponsor status. The UK Border Agency will announce in due course a process and deadline by which HEIs who wish to participate in the scheme should register. The allocation of 1000 places will then be distributed.

Further details of the Tier 1 (Graduate Entrepreneur) scheme will be available once the changes to the relevant Immigration Rules have been laid on 15 March 2012.

In a recent statement of intent, the government has announced more details of its planned changes to Tier 1 (Post Study Work) of the points-based system.

Tier 1 (Post Study Work) will close to new applicants on 5 April 2012. In its place, from 6 April 2012, Tier 2 (General) will be open to recent graduates with a Bachelor’s or Master’s degree, PhD, or a PGCE or PGDE, from a UK recognised or listed body.  As per the normal Tier 2 requirements, applicants must have an offer of a skilled job from a licensed sponsor and be paid at least £20,000 or the minimum appropriate rate set out in the relevant Code of Practice. However, the employer will not have to complete a resident labour market test and the jobs will not be subject to the annual limit on Tier 2 numbers (i.e. the Certificates of Sponsorship will be in the Unrestricted category).

Migrants using this route will be able to sponsor new dependants, on the same terms as other Tier 2 migrants. They may continue to sponsor any dependants whom they sponsored as a Tier 4 migrant.

Tier 4 Dependants will continue to be able to switch into Tier 2 employment in their own right, but will be subject to the Tier 2 limit. Tier 4 migrants will be able to switch into Tier 2, as described above, once they have been awarded their qualification. In-country switching from Tier 4 to Tier 2 will not be permitted for those who have not completed their studies, except for PhD students who, as now, must have completed at least 12 months of study.

A migrant who wishes to switch to Tier 2 from Tier 4 may start work as a student with the Tier 2 employer if their Tier 4 leave is still valid and allows them to work. The employers should however not offer a permanent contract until the Tier 2 application is approved. If a migrant wishes to undertake a period of professional training following a course of study in order to obtain a professional qualification, this can be done by switching into Tier 2. If this is not possible, the relevant sector body may seek to establish a dedicated scheme within Tier 5 (Government Authorised Exchange) to allow further training prior to return overseas. It is not possible to switch from Tier 5 to Tier 2, but the governments intends to make provision for switching from Tier 4 to Tier 5 (Government Authorised Exchange) to allow this professional training to take place.

Further details of the replacement for the Tier 1 (Post Study Work) category will be available once the changes to the relevant Immigration Rules have been laid on 15 March 2012.

The Migration Committee of the Parliamentary Assembly of the Council of Europe (PACE) has approved a position paper on reform of the EU Family Reunification Directive.

Chair of the Committee, Giacomo Santini, said “Family reunification is an important element of the right to family life and an essential part of the integration process for migrants.”

“The committee in its position paper has clearly stated that while the Family Reunification Directive has provided a sound basis for clarifying and promoting family reunification and represents a minimum standard, there are improvements which could be made. However, any attempts by states to water down the minimum standards in the current Directive, should be rejected by the European Commission outright.”

Mr Santini explained that the position paper on family reunification approved by the Migration Committee was based on a number of concerns the Assembly had already raised back in its Recommendation 1686 (2004) on human mobility and the right to family reunification.

Some of the concerns include the lack of a common definition of family reunification, the extensive possibilities for states to derogate or opt for alternative measures, the strictness of certain measures adopted by states which make family reunification difficult or impossible for certain persons and the lack of recognition, for family reunification, of persons granted subsidiary protection.

Mr Santini concluded by saying: “These matters all need careful attention by the Commission taking careful note of the right to family life under the European Convention on Human Rights and its case-law.”

Paul Richmond, we have engraved your name on our home walls. We have translated your marks of success into a big celebration in our home.

I am not writing this review to make propaganda for the Richmond canter immigration barristers, but this is my real testimony for their work and assistance provided to me.

On November 2011, I have applied for a medical treatment visa at the British embassy in Amman; my application was refused with a 10- year ban imposed on any future applications with limited rights of appeal. I didn’t do any thing wrong, but I wasn’t able to prove I am innocent. I have spent days and nights seeking for some one to help on the net to give me any advice. I have emailed many lawyers, immigration barristers in London and no one responded but at last I got the miracle response from a gentleman and a real barrister from London who answered my email. It was Paul Richmond. From his email, I have discovered that this gentleman is a specialist in immigration matters like a consultant surgeon and willing to help. He asked me to send some details regarding my immigration case and I did. He replied to me and I was very delighted by the answers he provided. The way he writes look like a computer program with a simple flow chart. He paved the way for me and wrote the letter before claim for a judicial review. Today I have received a positive answer from the British embassy in Amman to collect my visa. It is the happiest day in my life because this man has proved that I am innocent, revoked a 10-year ban and gave me the chance to start my medical treatment journey. My final word is to thank Paul Richmond and his team and I advice any one with immigration issues to take the short cut and go straight to the Richmond canter immigration barristers.

New rules will come into force within weeks to ensure that the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green has announced.

Students can currently work in the UK for two years after their studies have finished, under the Tier 1 (Post-study work) route. But from 6th April, a more selective system will come into effect so only the most talented international graduates can apply to stay in the UK for work purposes.

Only those who graduate from a university, and have an offer of a skilled job at a salary of at least £20,000 (or more in some cases) from a reputable employer accredited by the UK Border Agency, will be able to continue living and working in the UK.

The rules are part of a radical overhaul of the student visa system, which will:

• encourage growth - a new Graduate Entrepreneur route will open, with up to 1,000 places for students working on world-class innovative ideas who want to stay and develop them but do not meet the requirements of the Tier 1 (Entrepreneur) route;
• boost the economy - young entrepreneurs or small company directors will get the chance to stay on in the UK after their studies if they have £50,000 to invest in their business;
• ensure that students can support themselves - for the first time since 2008, there will be an increase in the amount of money that students and working migrants (and their dependants) must prove they have to support themselves financially during their time in the UK; and
• tackle abuse - restricting work placements to one-third of the course for international students who are studying below degree level will ensure that those coming to the UK are here to study, not to work (as was often the case in the past). Additionally, the time that can be spent studying at degree level will be restricted to a general limit of five years.

Immigration minister Damian Green has issued a written ministerial statement proposing an increase in visa fees, and an increase in UK-based visa application fees.

The proposals will be laid in Parliament in 2 separate regulations and, subject to Parliamentary approval, the government hopes to bring the new fees into force from 6th April 2012.

Fees will increase by only 2% in the majority of cases, but there will be higher increases on certain routes.

A full table of the proposed fees is available in the ministerial statement, which can be downloaded here.

Private higher education colleges face being devastated by a 'misplaced' clampdown on overseas students, CentreForum has warned.

In a new report, the think tank calls for the reversal of student visa controls which prohibit international students enrolled on HE courses at private colleges from working part time to support their studies.

Since these controls were introduced in 2011, enrolment numbers are estimated to have dropped by around 70%. One private institution, Cavendish College London, has already closed, while others face being taken over by public universities.

CentreForum had previously warned government about the adverse impact of the Tier 4 student visa reforms. It is now concerned that the impact has been 'swift and probably even more devastating than was predicted.'

In its report, CentreForum recommends that:

• The government should give Tier 4 visa applicants on HE courses at private colleges the same working rights as those studying at public universities.
• Tier 4 international students should be treated as temporary visitors rather than permanent migrants, and should be excluded from the government's net migration figures.

 

The creation of a sustainable selective immigration system that encourages the brightest and best to come to the UK has been reaffirmed by Immigration Minister Damian Green.

At a speech at the policy exchange, the minister expressed a desire to 'raise the tone of the immigration debate' and start building a national consensus on how immigration can be made to work for Britain.

The government will soon be announcing further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration. It will also be completing its changes to eliminate abuse of the student visa route and is currently reviewing the annual limit on skilled economic migrants.

In his speech the Minister expressed his intention that the long-term transformation of British immigration policy will introduce greater selectivity. He added that the 'points based system' of the past should ultimately be replaced by a 'contribution-based system' where migrants are checked to ensure they will add to quality of life in the UK.

This is already starting with the development of more selective routes for entrepreneurs, investors and those with exceptional talent alongside existing routes for entertainers, trainees and researchers.

The minister confirmed the introduction of a new route for international graduate entrepreneurs - international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to develop their business ideas.

The government will also improve the system for some short-term business visitors and entertainers to ensure world-class performers are encouraged to come here.

 

Following the publication of the 'Landing in Dover' report by the Children's Commissioner for England, the Executive Director of the Centre for Social Justice, Gavin Poole, has issued a statement welcoming the increased protection for children, and calling for further changes to help protect adult victims of human trafficking.

The statement reads:

“This crucial report from Maggie Atkinson, the Children's Commissioner for England, takes important steps to place unacceptable practices relating to child trafficking firmly in the spotlight. It reinforces some widely held fears that the sheer scale of those trafficked into the UK, and the extent of the crime, is both unknown and undocumented. The report demonstrates that individuals, those too often dismissed as  “illegal immigrants”, are in fact victims of crime, abuse and exploitation and are in need of specialist care.

“Whilst it is encouraging that these practices have reportedly been halted at all UK ports for unaccompanied children, it is disturbing that no changes have been made to protect adults. Those trafficked to the UK are among the most vulnerable members of society, at high risk of exploitation and abuse. Every individual, adult or child, should be given a chance to explain their real story. The risks and extent of trafficking must be fully understood and acknowledged within the Border Agency and at ports across the country; only then can we effectively support the victims and prosecute the perpetrators of this most shameful of crimes.”

In a recent report, the Home Affairs Committee has criticised the UK Border Agency's management of the processes for the enforced removal of those who are being deported from the UK.

The inquiry, launched following the death of Jimmy Mubenga on a deportation flight from the UK, found that although there were some positive aspects of the process, which is carried out on the UK Border Agency's behalf by a private security contractor, (initially G4S and, since 1 May 2011, Reliance Security) the Committee found evidence of:

• Inappropriate use of physical restraint, and the possible use of unauthorised and potentially dangerous restraint techniques.
• Weaknesses in passing on information about detainees’ medical conditions to all the relevant staff.
• Use of racist language by contractors.
• Use of excessive numbers of contactor staff.

The Committee recommends that the UK Border Agency should strengthen its procedures so that its own staff feel that they are entitled and expected to challenge any poor conduct on the part of contractors.

The Committee also rejects the practice of taking detainees to the airport as "reserves" in case another detainee is taken off a removal flight at the last minute.

To strengthen safeguards against the ill treatment of prisoners, the Committee recommends that members of the Independent Monitoring Boards for immigration removal centres—or a similar independent monitoring network—be given access to chartered removal flights.

Contains Parliamentary information licensed under the Open Parliament Licence v1.0.

The UK Border Agency has made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications.

The amendments include:

• The City & Guilds test scores now show 'pass' and there is a separate English language test for spouse/partner applications.
• For City & Guilds tests the documents required for a migrants application have been amended.
• ETS have changed the way that the scores for their TOEFL ibt (internet based test) map against the Common European Framework of Reference (CEFR).
• The ETS TOEFL ibt (internet based test) now includes scores for spouse and partner applications.
• There is a change to the web address for the TOEIC (The test of English for international communication) English language test.
• Cambridge ESOL (English for speakers of other languages) have amended the title of one of their tests from 'International Legal English Certificate' to 'Cambridge English Legal'.
• For Cambridge ESOL tests the minimum grade requirements are clearer.
• Trinity College tests now have a 2 year expiry date.

When applications are made in an immigration category that requires a demonstration of English language ability, applicants must show that they have passed an appropriate test on the list.

The European Court of Human Rights has ruled that Omar Othman (Abu Qatada) cannot be deported to Jordan while there remains a real risk that evidence obtained by torture will be used against him.

The applicant, Omar Othman, is a Jordanian national who was born in 1960 near Bethlehem, then part of Jordan. He is currently detained in Long Lartin prison, Worcestershire, England. He is suspected of having links with al-Qaeda.

Mr Othman arrived in the United Kingdom in September 1993 and made a successful application for asylum, in particular on the basis that he had been detained and tortured by the Jordanian authorities in 1988 and 1990-1. He was recognised as a refugee in 1994, being granted leave to remain until June 1998.

While his subsequent application for indefinite leave to remain was pending, he was detained in October 2002 under the Anti-Terrorism, Crime and Security Act, and in August 2005 he was served with a notice of intention to deport him to Jordan.

Mr Othman appealed against that decision. He had been convicted in Jordan, in his absence, of involvement in two terrorist conspiracies in 1999 and 2000. Mr Othman claimed that, if deported, he would be retried, which would put him at risk of torture, lengthy pre-trial detention and a grossly unfair trial based on evidence obtained by the torture of his co-defendants.

The UK Special Immigration Appeals Commission (SIAC) dismissed his appeal, holding in particular that Mr Othman would be protected against torture and ill-treatment by the agreement negotiated between the UK and Jordan, which set out a detailed series of assurances. SIAC also found that the retrial would not be in total denial of his right to a fair trial.

The case then went to the Court of Appeal and the House of Lords, and in February 2009 Mr Othman lodged an application with the European Court of Human Rights. The European Court has now ruled that in the absence of any assurance by Jordan that the torture evidence would not be used against Mr Othman, his deportation to Jordan to be would be a violation of Article 6 (right to a fair trial).

A report issued by Maggie Atkinson, Children's Commissioner for England, has revealed that an agreement in existence between the UK and France regarding the treatment of unaccompanied children entering the country was in conflict with the UK Border Agency's (UKBA) duty to safeguard children and promote their welfare.

It also uncovered excessive periods of detention prior to release into local authority care due to the number and length of immigration interviews undertaken at the point of arrival.

The 'Landing in Dover' report results from an investigation by the Office of the Children's Commissioner (OCC) into the treatment of unaccompanied children asylum seekers when they first arrive in the UK. It has already led to changes in the way UKBA treats children seeking asylum.

The 'Gentleman's Agreement' enabled unaccompanied children to be sent back to France within 24 hours if they did not immediately ask for asylum. This resulted in a significant failure of child protection. Just over 1,700 unaccompanied children that entered the country in 2010 sought asylum, whilst a number of those returned to France under the Gentleman's Agreement may have been trafficked for exploitation. Investigations by OCC have found children seeking asylum include those escaping war zones and persecution. They are often hungry, ill, exhausted and distressed when they first arrive.

Once the Children's Commissioner brought the Agreement to the attention of Rob Whiteman, UKBA's new Chief Executive, he ended the practice in respect of children immediately.   

Other recommendations in the report which aim to improve the immigration process for children include:

• Using face to face interpreters and stopping the use of telephone interpreters for interviews other than for gathering basic details about the child's identity.
• Exploring ways in which the police can gather bio-data such as finger prints on UKBA's behalf when they are the first agency to encounter children who have just entered. This would enable them to arrange for the child to go directly into local authority care rather than to the immigration office for processing.
• Ensuring that when immigration interviews do take place that the child has had the chance to gain support from a legal representative and that their representative is able to accompany them, along with a Responsible Adult, to the interviews.

 

A lecturer at Glasgow Caledonian University is to undertake a study into the public’s attitude towards the problem of human trafficking – and how consumers’ spending habits contribute towards it.

Acording to Dr Kiril Sharapov, there is a widespread misconception that human trafficking is only associated with the illegal sex trade, where people are forced into prostitution after being trafficked across borders.

He believes a growing demand for cheap goods and services, and lack of public awareness of trafficking, obscure our concern for the welfare of the migrant workers involved.

Such demand and lack of awareness fuel the exploitation of migrant workers, many of whom work in a wide variety of everyday situations, including care homes, hotels, and construction.

“Trafficking is not just the issue of badly controlled borders, or economic migrants or criminals,” said Dr Sharapov. “It should be looked at from the perspective of why people are smuggled and trafficked here – there is a demand for cheap and exploitable labour. The rising costs of energy and raw materials and the continuing economic downturn are having a direct impact on the price of consumer goods.”

“This creates downward pressure on wages and an increasing demand for cheap labour that can be easily intimidated, for example by physical violence, threats of deportation or to the security of family back home, and exploited.”

Dr Sharapov’s work will focus on the UK (where people are trafficked to), Ukraine (where people are trafficked from) and Hungary (where people are trafficked through).

He will be based at Central European University in Budapest for the duration of his two-year study, which it is hoped will lead to policy changes relating to human trafficking at national as well as international level.

Recent research by the National Institute for Economic and Social Research (NIESR) into the impact of immigration on the UK labour market has revealed that increased immigration was not associated with increases in claims for Jobseekers Allowance.

Existing research on the labour market impact of immigration to the UK has generally found little or no impact on average, with at most a generally modest impact on the less skilled. This paper adds to that evidence by using a more comprehensive and reliable data source, and updates the analysis to include the recent recession.

The paper presents initial results on the impact of migration inflows on the claimant count rate using previously unused data on National Insurance number (NINo) registrations of foreign nationals, which researchers regard as superior in a number of respects to data on migrants from the Labour Force Survey (LFS).

In contrast to the LFS, which is a sample survey of the entire population at a point in time, NINo registrations to overseas nationals are complete administrative data on new migrant inflows, largely for employment purposes, giving reliable estimates at much smaller geographies than is possible with the LFS.

The research found no association between migrant inflows and claimant unemployment. In addition, researchers tested for whether the impact of migration on claimant unemployment varies according to the state of the economic cycle, and found no evidence of a greater negative impact during periods of low growth or the recent recession.

The general quality of the UK Border Agency’s decision-making can and must be improved, said John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, publishing his global review of entry clearance decision-making.

The global review inspection took place between December 2010 and June 2011, and involved an examination of almost 1,500 visa cases from 84 visa decision-making posts worldwide.

At the time of inspection, the Chief Inspector was pleased to find that: the Agency was meeting its customer service targets in the vast majority of cases; there were examples where entry clearance officers had used their discretion to make additional checks in order to support their decision-making; more action was being taken to verify information that had been provided by applicants; the quality of refusal notices was good and, in the majority of cases, refusal grounds were clearly communicated to applicants.

However, the Chief Inspector was concerned to find that: the overall quality of decision-making left considerable room for improvement; in a third of visa cases sampled, errors were found in the way evidence was assessed by entry clearance officers; visa case reviews undertaken by entry clearance managers were not always effective; and applicants were refused entry clearance for failing to provide information which they could not have been aware of at the time of submitting their applications.

 

UN Secretary-General, Ban Ki-moon, has published a message for International Migrants Day, which was observed on 18th December.

In his message he said:

“Migration affects all countries — and so do myths and misperceptions about its impact. There are many false assumptions surrounding migration.

One such myth is that migrants are a burden. In reality, migrants make vast contributions to host countries. As workers, they bring skills. As entrepreneurs, they create jobs. As investors, they bring capital. In advanced and emerging economies, they play an indispensable role in agriculture, tourism and domestic work.  Migrants often care for the youngest and oldest members of society.

People view irregular migration as a crime. Many think migrants who lack proper documents are a danger to society and should be detained, or that all women who migrate to take up low-skilled jobs have been trafficked. These and other unfounded beliefs lead to the adoption of migration policies that are irrelevant at best, or even dangerous.

States have the sovereign prerogative to manage their borders. But, they also have the duty to abide by their international legal obligations. Under international human rights law, all persons, without discrimination and regardless of nationality or legal status, are entitled to enjoy fundamental human rights. No migrant should be sent back to a place where he or she will be tortured. Every migrant woman should have access to health care, including reproductive health care. Every migrant child should be able to go to school.

Human rights are not a matter of charity, nor are they a reward for obeying immigration rules. Human rights are the inalienable entitlement of every person, including the world’s 214 million international migrants, as well as their family members.

Forty-five countries have ratified the International Convention on the Rights of All Migrant Workers and Members of their Families. I call on all others to join this important treaty as a concrete affirmation of their commitment to protect and promote the human rights of all migrants on their territories.

When their rights are violated, when they are marginalized and excluded, migrants will be unable to contribute either economically or socially to the societies they have left behind or those they enter. However, when supported by the right policies and human rights protections, migration can be a force for good for individuals, as well as for countries of origin, transit and destination.

Let us give meaning to International Migrants Day by taking constructive steps to leverage this global phenomenon into a force for progress.”

 

A recent European Parliament resolution has said that all EU Member States should lift labour market barriers to Bulgarians and Romanians. It states that there are no real economic justifications for restricting their fundamental right to work and reside in any EU Member State.

EU countries may prolong a temporary ban on Bulgarian and Romanian workers for two additional years, i.e. until December 2013, only if they notify the Commission, by 31st December 2011, of a "serious threat" to their labour markets.

MEPs say that no negative effects have been reported in those Member States that have allowed workers from Member States that joined the EU in 2004 and 2007 onto their labour markets.

Nevertheless, a number of Member States have decided to continue applying restrictions to Romanian ad Bulgarian workers, due more to political pressures than to any justified fear of negative effects on their economies or labour markets, says the resolution.

Recent Eurostat data also show that workers from Romania and Bulgaria have had no significant effect on wages and unemployment rates of the host countries. At the end of 2010, workers from Bulgaria and Romania residing in another EU country represented 0.6% of the total EU population.

The European Parliament asks the European Commission to propose a clear definition of the "serious disturbances of labour markets" required to justify restrictions. Member States that maintain restrictions without "a clear and transparent socio-economic justification of a serious labour market disturbance", in line with Court of Justice rulings, are in breach of the treaties, MEPs say, calling on the Commission to ensure compliance with the principle of free movement.

Austria, Belgium, France, Germany, Ireland, Italy, Luxembourg Malta, the Netherlands and UK all still restrict the access of Bulgarian and Romanian workers to their labour markets. Spain is also restricting Romanian workers' access, with the Commission's approval, until 31st December 2012, due to serious disturbances on its labour market.

 

The UK Border Agency has announced that the Ministry of Justice is to introduce appeal fee charges for some asylum and immigration appeals from 19th December 2011.

People who want to appeal against a decision notice dated 19th December 2011 or later will need to pay a fee. The appeal fee will apply to most categories of visas and decisions. Any exemptions to the fees will be outlined by the Ministry of Justice. This will not affect any decision notices that are dated before 19th December.

Also, from 19th December people will need to lodge their appeals at the tribunal in the UK. The UK Border Agency will no longer accept appeals at any of its overseas visa application centres.