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

Tel: +852 3478 3757Email: 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...

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:

Despite the recent negative press coverage of the UK’s supposedly chaotic border controls, the government has stated that its aim is to ‘deliver an improved migration system that commands public confidence and serves our economic interests.’ Following up on this commitment, it has asked the MAC to advise it in regard to a policy package for Tier 2 for 2012/2013, including:

after considering its economic, labour-market, social, and public-service impacts, whether the current level of 20,700 Tier 2 (General) certificates should be set higher or lower for 2012,

whether the £40,000 minimum salary threshold for intra-company transfers seeking to stay for at least 12 months is an appropriate proxy test to ensure that migrants meet the General Agreement on Trade in Services (GATS) definition of senior managers and specialists,

whether the current inclusion of such non-salary remuneration as allowances in the £40,000 pay threshold for the intra-company transfer route undermines the validity of that threshold as a test of skill, and

what the impact on demand would be for Tier 2 visas, the resident labour force, and employers if the threshold for Resident Labour Market Test (RLMT) exemption were to be lowered from £150,000 to between £70,000 and £100,000.

Intra-company transferees

Intra-company transfers are fortunately not subject to the limit on migration, but are crucially included in this call for evidence. Whereas many employers recognise that

scope exists to reduce next year’s limit on the number of restricted Certificates of Sponsorship granted to main applicants, they are more apprehensive about the UKBA making any policy changes in regard to their ability to transfer key staff to the UK from their overseas offices. Given its current terminology, it

is conceivable that it will strictly limit future intra-company transfers to the GATS definition of senior managers and specialists, prevent companies from including such non-salary remuneration as living and accommodation allowances in the £40,000 pay threshold, or both. Should it introduce either of these measures blue chip companies may find their ability to second staff to the UK to be severely hampered.

Smith Stone Walters

In response to this important consultation, Smith Stone Walters shall be filing a response on behalf of our clients. If you have any suggestions or comments you wish for us to include, please contact us before 14 December 2011.

winter 11

Immigration News & Views from Smith Stone WaltersAnnual Tier 2 Limit for 2012 – 2013

USE

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ION

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.

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 11 winter 11

For further guidance please contact your Smith Stone Walters account manager.

JAPANESE FIRMS CONTINUE TO INVEST IN THE UK

A VIP Premium Service is now available at the visa application centres in Guangzhou and Shanghai for applicants seeking special service experiences from the UKBA at an additional service charge of only RMB250 per applicant.

Applicants can visit the visa application centre with prior appointments between 08:00 and 15:00 Monday through Friday and expect

a. express check-in and checkout to reduce waiting, b. dedicated premium lounge to provide more comfort, c. a dedicated premium service officer for more personalised service, and d. VIP treatment while being guided through the submission process.

The authorities, however, are unfortunately not pledging a guarantee that they will issue a UK visa in a timely fashion.

Please contact your Smith Stone Walters Account Manager today for details of our dedicated entry clearance management service.

CHINESE VIP VISA SERVICE

STUDENTS FACING TIGHTER CONTROLS

Following the UKBA’s recent crackdown on bogus colleges, more than 450 institutions are no longer able to act as sponsors for international students. Whilst the introduction of a tough new inspection system led to many colleges choosing to withdraw from the government scheme, many others had their licenses revoked for failure to comply with their sponsorship responsibilities. The UKBA continually monitors the behaviour of all sponsors and takes action against any who are not complying with the standards of education provision or immigration control.

Watch out for further measures to tighten the student regime in April 2012. The UKBA will be closing the post-study work route, which has allowed graduates free labour-market access, and students wishing to stay and work will need to apply under the skilled workers visa route. It will also implement new time limits on student visas and tougher rules on work placements.

Win a ChineseDragon Kite to celebrate Chinese New Year!

IN THIS ISSUEEDITORIAL: Future UK Residency Rights Linked to Earnings?

LATEST NEWS:Employment Opportunities Offered to Taiwanese NationalsBulgarian and Romanian Employment Restriction Expected to Stay in Place

Policy Change to the Minimum Age for Marriage VisasShrinkage in Shortage Skills ListNew Year Competition

USEFUL INFORMATION:Japanese Firms Continue to Invest in the UK Chinese VIP Visa ServiceStudents Facing Tighter Controls

FOCUS ON:Annual Tier 2 Limit for 2012 – 2013

01

02

03

05

04

On a recent visit to Tokyo, Minister of State for Trade and Investment Lord Green spoke of past cooperation between Japan and the UK and a future full of opportunities for ever-closer partnership and cooperation.

Lord Green spoke at a lunch hosted by the British Chamber of Commerce in Japan about how the current Japanese investment in the UK of £29.2 billion across all business sectors underpins much of current British life.

He estimated that approximately 1,200 Japanese firms directly employing over 100,000 people are operating in the UK, with many more firms entering the market.

As the government is offering more favourable terms to overseas companies and to high-net-worth individuals seeking to enter the UK via either the entrepreneur, sole representative, or investor categories, it is clearly continuing to strive to attract new business and investment from Japan and the rest of the world.

Imag

e co

urte

sy o

f For

eign

an

d Co

mm

onw

ealt

h O

ffic

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It is fair to say that since coming into power the current government has struggled with the level of migrants seeking and gaining UK residency. Over the past 12 months it has introduced such new measures to reduce this level as abolishing settlement rights for those entering via Tier 2 intra-company transfers and closing the Tier 1 scheme except for the entrepreneur, investor, and exceptional talent routes.

In an attempt to reduce the numbers further the government commissioned the Migration Advisory Committee (MAC) in June 2011 to identify what the economic effects would be of ‘restricting or removing’ settlement rights in Tier 1 and Tier 2 or, alternatively, limiting leave in the UK to a maximum of 5 years. It particularly instructed the MAC to establish the most suitable criteria for assessing eligibility for settlement.

The MAC’s response took into account the likelihood that the recent tightening of immigration requirements would naturally lead to a decline in numbers applying for settlement. It estimated that existing legislation will reduce the present number of settlement grants through Tier 1 and Tier 2 by more than half to less than 30,000 by 2016. In recognising, however, both the government’s desire to go further and that the introduction of any new criteria will not have a direct effect for another 5 years, the MAC has put forward further recommendations for policy makers to consider. These include:

implementing a minimum annual pay threshold of between £31,000 and £49,000 as the primary selection criterion for deciding which Tier 2 General and Tier 2 Sportspersons qualify for settlement,

proposing that the minimum pay threshold be set at the migrant’s time of entry and only adjusted for price inflation or changes in average pay according to a set formula, and

allowing Tier 1 Exceptional Talent migrants permission to settle with no restrictions imposed.

Since it customarily accepts the MAC’s proposals, it is likely that the government and the UK Border Agency (UKBA) will subsequently introduce new residency restrictions in which migrant workers’ actual levels of earnings over the preceding five-year period determines their ability to settle in this country, rather than the completion of a set period of time in the UK as it is now.

We expect the UKBA to publish its report on selective settlement criteria before the end of the year. Smith Stone Walters maintains open lines of communication with the UKBA’s management and will continue to keep our clients informed about all of the key changes and announcements it makes during 2012.

Merry Christmas and Happy New Year to all our clients.

EDIT

ORI

AL

LATE

ST N

EWS

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 11 winter 11 winter 1101 02

FUTURE UK RESIDENCY RIGHTS LINKED TO EARNINGS?

LATE

ST N

EWS

03

EMPLOYMENT OPPORTUNITIES OFFERED TO TAIWANESE NATIONALS

In partnership with the Taiwanese government the UKBA has announced that it will extend the youth mobility scheme to enable eligible Taiwanese people aged between 18 and 30 years to live and work in the UK for up to 2 years.

By registering via the Taiwanese National Youth Commission’s website between 1 December and 20 December 2011, eligible candidates will be able to request one of the 1,000 certificates of sponsorship made available before they apply to the UK visa application centre in Taiwan for a Tier 5 (Youth Mobility Scheme) visa.

Please contact your Smith Stone Walters advisor today for assistance in securing any form of entry visa to the UK.

BULGARIAN AND ROMANIAN EMPLOYMENT RESTRICTION EXPECTED TO STAY IN PLACE

Since 1 January 2007 Bulgarians and Romanians, as European Economic Area (EEA) nationals, have been able to move and reside freely in any EU Member State. In order to work in the UK, however, the UKBA has placed a transitional control on them to obtain authorisation prior to their starting any employment. These restrictions are now set to stay in place for a further two-year period.

Although the government has the option of lifting the controls at the end of 2011, this entails a risk of producing an adverse effect on the UK’s labour market. The government is therefore expected to follow the MAC’s recommendation to retain this restriction until January 2014.

POLICY CHANGE TO THE MINIMUM AGE FOR MARRIAGE VISAS

On 7 November the government presented Parliament with changes to the immigration rules involving reinstating a minimum age of 18 for both foreign spouses and their sponsors in the UK in order to qualify for a visa to enter or remain as a spouse or partner.

This change in policy came into effect on 28 November 2011 following the Supreme Court’s judgment in Quila and Bibi v Secretary of State for the Home Department, in which it ruled that imposing a minimum age of 21 years disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

Newly published guidelines detail how applicants whose applications were refused solely because they or their sponsor were aged between 18 and 20 can now apply for their cases to be reconsidered for approval.

Please contact your Smith Stone Walters Account Manager today for further advice on any UK immigration matter.

SHRINKAGE IN SHORTAGE SKILLS LIST

Win an amazing Chinese Dragon Kite in our New Year Competition!

The government has accepted recommendations from the MAC to remove certain specialist jobs from the approved skill shortage list. It recommended the changes where evidence from a range of industries and sectors showed resident workers to be available to fill the vacancies.

Occupations that have been removed from the list include:

secondary education biology teachers,

speech and language therapists,

pharmacists, and

orthoptists.

Employers seeking to engage migrants from outside the EEA in these positions must now ensure that they conduct a resident labour market test, advertising the job in the UK for 4 weeks prior to initiating sponsorship under Tier 2.

To celebrate Chinese New Year we have two fantastic Dragon Kites from Airdynamics to give away. Chinese dragons are seen as wise, benevolent and bringers of good fortune. Each head is individually hand painted to give it its own unique ‘character’.

Just answer these three questions (all the answers can be found in this issue of Insight) and email them to info@smithstonewalters.com. The winner’s name will be chosen in a random draw on 10th January 2012. Good luck!

1. Which committee has the UKBA asked to look into the effects of further restrictions to immigration?2. What has the minimum age for marriage visas been reinstated to?3. Which minister spoke recently in Tokyo about Japanese investment in the UK?

It is fair to say that since coming into power the current government has struggled with the level of migrants seeking and gaining UK residency. Over the past 12 months it has introduced such new measures to reduce this level as abolishing settlement rights for those entering via Tier 2 intra-company transfers and closing the Tier 1 scheme except for the entrepreneur, investor, and exceptional talent routes.

In an attempt to reduce the numbers further the government commissioned the Migration Advisory Committee (MAC) in June 2011 to identify what the economic effects would be of ‘restricting or removing’ settlement rights in Tier 1 and Tier 2 or, alternatively, limiting leave in the UK to a maximum of 5 years. It particularly instructed the MAC to establish the most suitable criteria for assessing eligibility for settlement.

The MAC’s response took into account the likelihood that the recent tightening of immigration requirements would naturally lead to a decline in numbers applying for settlement. It estimated that existing legislation will reduce the present number of settlement grants through Tier 1 and Tier 2 by more than half to less than 30,000 by 2016. In recognising, however, both the government’s desire to go further and that the introduction of any new criteria will not have a direct effect for another 5 years, the MAC has put forward further recommendations for policy makers to consider. These include:

implementing a minimum annual pay threshold of between £31,000 and £49,000 as the primary selection criterion for deciding which Tier 2 General and Tier 2 Sportspersons qualify for settlement,

proposing that the minimum pay threshold be set at the migrant’s time of entry and only adjusted for price inflation or changes in average pay according to a set formula, and

allowing Tier 1 Exceptional Talent migrants permission to settle with no restrictions imposed.

Since it customarily accepts the MAC’s proposals, it is likely that the government and the UK Border Agency (UKBA) will subsequently introduce new residency restrictions in which migrant workers’ actual levels of earnings over the preceding five-year period determines their ability to settle in this country, rather than the completion of a set period of time in the UK as it is now.

We expect the UKBA to publish its report on selective settlement criteria before the end of the year. Smith Stone Walters maintains open lines of communication with the UKBA’s management and will continue to keep our clients informed about all of the key changes and announcements it makes during 2012.

Merry Christmas and Happy New Year to all our clients.

EDIT

ORI

AL

LATE

ST N

EWS

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 11 winter 11 winter 1101 02

FUTURE UK RESIDENCY RIGHTS LINKED TO EARNINGS?

LATE

ST N

EWS

03

EMPLOYMENT OPPORTUNITIES OFFERED TO TAIWANESE NATIONALS

In partnership with the Taiwanese government the UKBA has announced that it will extend the youth mobility scheme to enable eligible Taiwanese people aged between 18 and 30 years to live and work in the UK for up to 2 years.

By registering via the Taiwanese National Youth Commission’s website between 1 December and 20 December 2011, eligible candidates will be able to request one of the 1,000 certificates of sponsorship made available before they apply to the UK visa application centre in Taiwan for a Tier 5 (Youth Mobility Scheme) visa.

Please contact your Smith Stone Walters advisor today for assistance in securing any form of entry visa to the UK.

BULGARIAN AND ROMANIAN EMPLOYMENT RESTRICTION EXPECTED TO STAY IN PLACE

Since 1 January 2007 Bulgarians and Romanians, as European Economic Area (EEA) nationals, have been able to move and reside freely in any EU Member State. In order to work in the UK, however, the UKBA has placed a transitional control on them to obtain authorisation prior to their starting any employment. These restrictions are now set to stay in place for a further two-year period.

Although the government has the option of lifting the controls at the end of 2011, this entails a risk of producing an adverse effect on the UK’s labour market. The government is therefore expected to follow the MAC’s recommendation to retain this restriction until January 2014.

POLICY CHANGE TO THE MINIMUM AGE FOR MARRIAGE VISAS

On 7 November the government presented Parliament with changes to the immigration rules involving reinstating a minimum age of 18 for both foreign spouses and their sponsors in the UK in order to qualify for a visa to enter or remain as a spouse or partner.

This change in policy came into effect on 28 November 2011 following the Supreme Court’s judgment in Quila and Bibi v Secretary of State for the Home Department, in which it ruled that imposing a minimum age of 21 years disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

Newly published guidelines detail how applicants whose applications were refused solely because they or their sponsor were aged between 18 and 20 can now apply for their cases to be reconsidered for approval.

Please contact your Smith Stone Walters Account Manager today for further advice on any UK immigration matter.

SHRINKAGE IN SHORTAGE SKILLS LIST

Win an amazing Chinese Dragon Kite in our New Year Competition!

The government has accepted recommendations from the MAC to remove certain specialist jobs from the approved skill shortage list. It recommended the changes where evidence from a range of industries and sectors showed resident workers to be available to fill the vacancies.

Occupations that have been removed from the list include:

secondary education biology teachers,

speech and language therapists,

pharmacists, and

orthoptists.

Employers seeking to engage migrants from outside the EEA in these positions must now ensure that they conduct a resident labour market test, advertising the job in the UK for 4 weeks prior to initiating sponsorship under Tier 2.

To celebrate Chinese New Year we have two fantastic Dragon Kites from Airdynamics to give away. Chinese dragons are seen as wise, benevolent and bringers of good fortune. Each head is individually hand painted to give it its own unique ‘character’.

Just answer these three questions (all the answers can be found in this issue of Insight) and email them to info@smithstonewalters.com. The winner’s name will be chosen in a random draw on 10th January 2012. Good luck!

1. Which committee has the UKBA asked to look into the effects of further restrictions to immigration?2. What has the minimum age for marriage visas been reinstated to?3. Which minister spoke recently in Tokyo about Japanese investment in the UK?

It is fair to say that since coming into power the current government has struggled with the level of migrants seeking and gaining UK residency. Over the past 12 months it has introduced such new measures to reduce this level as abolishing settlement rights for those entering via Tier 2 intra-company transfers and closing the Tier 1 scheme except for the entrepreneur, investor, and exceptional talent routes.

In an attempt to reduce the numbers further the government commissioned the Migration Advisory Committee (MAC) in June 2011 to identify what the economic effects would be of ‘restricting or removing’ settlement rights in Tier 1 and Tier 2 or, alternatively, limiting leave in the UK to a maximum of 5 years. It particularly instructed the MAC to establish the most suitable criteria for assessing eligibility for settlement.

The MAC’s response took into account the likelihood that the recent tightening of immigration requirements would naturally lead to a decline in numbers applying for settlement. It estimated that existing legislation will reduce the present number of settlement grants through Tier 1 and Tier 2 by more than half to less than 30,000 by 2016. In recognising, however, both the government’s desire to go further and that the introduction of any new criteria will not have a direct effect for another 5 years, the MAC has put forward further recommendations for policy makers to consider. These include:

implementing a minimum annual pay threshold of between £31,000 and £49,000 as the primary selection criterion for deciding which Tier 2 General and Tier 2 Sportspersons qualify for settlement,

proposing that the minimum pay threshold be set at the migrant’s time of entry and only adjusted for price inflation or changes in average pay according to a set formula, and

allowing Tier 1 Exceptional Talent migrants permission to settle with no restrictions imposed.

Since it customarily accepts the MAC’s proposals, it is likely that the government and the UK Border Agency (UKBA) will subsequently introduce new residency restrictions in which migrant workers’ actual levels of earnings over the preceding five-year period determines their ability to settle in this country, rather than the completion of a set period of time in the UK as it is now.

We expect the UKBA to publish its report on selective settlement criteria before the end of the year. Smith Stone Walters maintains open lines of communication with the UKBA’s management and will continue to keep our clients informed about all of the key changes and announcements it makes during 2012.

Merry Christmas and Happy New Year to all our clients.

EDIT

ORI

AL

LATE

ST N

EWS

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 11 winter 11 winter 1101 02

FUTURE UK RESIDENCY RIGHTS LINKED TO EARNINGS?LA

TEST

NEW

S

03

EMPLOYMENT OPPORTUNITIES OFFERED TO TAIWANESE NATIONALS

In partnership with the Taiwanese government the UKBA has announced that it will extend the youth mobility scheme to enable eligible Taiwanese people aged between 18 and 30 years to live and work in the UK for up to 2 years.

By registering via the Taiwanese National Youth Commission’s website between 1 December and 20 December 2011, eligible candidates will be able to request one of the 1,000 certificates of sponsorship made available before they apply to the UK visa application centre in Taiwan for a Tier 5 (Youth Mobility Scheme) visa.

Please contact your Smith Stone Walters advisor today for assistance in securing any form of entry visa to the UK.

BULGARIAN AND ROMANIAN EMPLOYMENT RESTRICTION EXPECTED TO STAY IN PLACE

Since 1 January 2007 Bulgarians and Romanians, as European Economic Area (EEA) nationals, have been able to move and reside freely in any EU Member State. In order to work in the UK, however, the UKBA has placed a transitional control on them to obtain authorisation prior to their starting any employment. These restrictions are now set to stay in place for a further two-year period.

Although the government has the option of lifting the controls at the end of 2011, this entails a risk of producing an adverse effect on the UK’s labour market. The government is therefore expected to follow the MAC’s recommendation to retain this restriction until January 2014.

POLICY CHANGE TO THE MINIMUM AGE FOR MARRIAGE VISAS

On 7 November the government presented Parliament with changes to the immigration rules involving reinstating a minimum age of 18 for both foreign spouses and their sponsors in the UK in order to qualify for a visa to enter or remain as a spouse or partner.

This change in policy came into effect on 28 November 2011 following the Supreme Court’s judgment in Quila and Bibi v Secretary of State for the Home Department, in which it ruled that imposing a minimum age of 21 years disproportionately interfered with the Article 8 rights of those who were in genuine marriages.

Newly published guidelines detail how applicants whose applications were refused solely because they or their sponsor were aged between 18 and 20 can now apply for their cases to be reconsidered for approval.

Please contact your Smith Stone Walters Account Manager today for further advice on any UK immigration matter.

SHRINKAGE IN SHORTAGE SKILLS LIST

Win an amazing Chinese Dragon Kite in our New Year Competition!

The government has accepted recommendations from the MAC to remove certain specialist jobs from the approved skill shortage list. It recommended the changes where evidence from a range of industries and sectors showed resident workers to be available to fill the vacancies.

Occupations that have been removed from the list include:

secondary education biology teachers,

speech and language therapists,

pharmacists, and

orthoptists.

Employers seeking to engage migrants from outside the EEA in these positions must now ensure that they conduct a resident labour market test, advertising the job in the UK for 4 weeks prior to initiating sponsorship under Tier 2.

To celebrate Chinese New Year we have two fantastic Dragon Kites from Airdynamics to give away. Chinese dragons are seen as wise, benevolent and bringers of good fortune. Each head is individually hand painted to give it its own unique ‘character’.

Just answer these three questions (all the answers can be found in this issue of Insight) and email them to info@smithstonewalters.com. The winner’s name will be chosen in a random draw on 10th January 2012. Good luck!

1. Which committee has the UKBA asked to look into the effects of further restrictions to immigration?2. What has the minimum age for marriage visas been reinstated to?3. Which minister spoke recently in Tokyo about Japanese investment in the UK?

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

Tel: +852 3478 3757Email: 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...

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:

Despite the recent negative press coverage of the UK’s supposedly chaotic border controls, the government has stated that its aim is to ‘deliver an improved migration system that commands public confidence and serves our economic interests.’ Following up on this commitment, it has asked the MAC to advise it in regard to a policy package for Tier 2 for 2012/2013, including:

after considering its economic, labour-market, social, and public-service impacts, whether the current level of 20,700 Tier 2 (General) certificates should be set higher or lower for 2012,

whether the £40,000 minimum salary threshold for intra-company transfers seeking to stay for at least 12 months is an appropriate proxy test to ensure that migrants meet the General Agreement on Trade in Services (GATS) definition of senior managers and specialists,

whether the current inclusion of such non-salary remuneration as allowances in the £40,000 pay threshold for the intra-company transfer route undermines the validity of that threshold as a test of skill, and

what the impact on demand would be for Tier 2 visas, the resident labour force, and employers if the threshold for Resident Labour Market Test (RLMT) exemption were to be lowered from £150,000 to between £70,000 and £100,000.

Intra-company transferees

Intra-company transfers are fortunately not subject to the limit on migration, but are crucially included in this call for evidence. Whereas many employers recognise that

scope exists to reduce next year’s limit on the number of restricted Certificates of Sponsorship granted to main applicants, they are more apprehensive about the UKBA making any policy changes in regard to their ability to transfer key staff to the UK from their overseas offices. Given its current terminology, it

is conceivable that it will strictly limit future intra-company transfers to the GATS definition of senior managers and specialists, prevent companies from including such non-salary remuneration as living and accommodation allowances in the £40,000 pay threshold, or both. Should it introduce either of these measures blue chip companies may find their ability to second staff to the UK to be severely hampered.

Smith Stone Walters

In response to this important consultation, Smith Stone Walters shall be filing a response on behalf of our clients. If you have any suggestions or comments you wish for us to include, please contact us before 14 December 2011.

winter 11

Immigration News & Views from Smith Stone WaltersAnnual Tier 2 Limit for 2012 – 2013

USE

FUL

INFO

RMAT

ION

04 05

This

pu

blic

atio

n is

not

mea

nt

to b

e u

sed

as a

su

bsti

tute

for

prop

er p

rofe

ssio

nal

adv

ice

base

d on

th

e fa

cts

of

a pa

rtic

ula

r tr

ansa

ctio

n a

s it

is n

ot in

ten

ded

to b

e a

com

plet

e co

vera

ge o

f th

e su

bjec

t. S

mit

h S

ton

e W

alte

rs

Lim

ited

acc

epts

no

liabi

lity

for

any

acti

on t

aken

bas

ed o

n t

he

con

ten

ts o

f th

is p

ubl

icat

ion

.

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 11 winter 11

For further guidance please contact your Smith Stone Walters account manager.

JAPANESE FIRMS CONTINUE TO INVEST IN THE UK

A VIP Premium Service is now available at the visa application centres in Guangzhou and Shanghai for applicants seeking special service experiences from the UKBA at an additional service charge of only RMB250 per applicant.

Applicants can visit the visa application centre with prior appointments between 08:00 and 15:00 Monday through Friday and expect

a. express check-in and checkout to reduce waiting, b. dedicated premium lounge to provide more comfort, c. a dedicated premium service officer for more personalised service, and d. VIP treatment while being guided through the submission process.

The authorities, however, are unfortunately not pledging a guarantee that they will issue a UK visa in a timely fashion.

Please contact your Smith Stone Walters Account Manager today for details of our dedicated entry clearance management service.

CHINESE VIP VISA SERVICE

STUDENTS FACING TIGHTER CONTROLS

Following the UKBA’s recent crackdown on bogus colleges, more than 450 institutions are no longer able to act as sponsors for international students. Whilst the introduction of a tough new inspection system led to many colleges choosing to withdraw from the government scheme, many others had their licenses revoked for failure to comply with their sponsorship responsibilities. The UKBA continually monitors the behaviour of all sponsors and takes action against any who are not complying with the standards of education provision or immigration control.

Watch out for further measures to tighten the student regime in April 2012. The UKBA will be closing the post-study work route, which has allowed graduates free labour-market access, and students wishing to stay and work will need to apply under the skilled workers visa route. It will also implement new time limits on student visas and tougher rules on work placements.

Win a ChineseDragon Kite to celebrate Chinese New Year!

IN THIS ISSUEEDITORIAL: Future UK Residency Rights Linked to Earnings?

LATEST NEWS:Employment Opportunities Offered to Taiwanese NationalsBulgarian and Romanian Employment Restriction Expected to Stay in Place

Policy Change to the Minimum Age for Marriage VisasShrinkage in Shortage Skills ListNew Year Competition

USEFUL INFORMATION:Japanese Firms Continue to Invest in the UK Chinese VIP Visa ServiceStudents Facing Tighter Controls

FOCUS ON:Annual Tier 2 Limit for 2012 – 2013

01

02

03

05

04

On a recent visit to Tokyo, Minister of State for Trade and Investment Lord Green spoke of past cooperation between Japan and the UK and a future full of opportunities for ever-closer partnership and cooperation.

Lord Green spoke at a lunch hosted by the British Chamber of Commerce in Japan about how the current Japanese investment in the UK of £29.2 billion across all business sectors underpins much of current British life.

He estimated that approximately 1,200 Japanese firms directly employing over 100,000 people are operating in the UK, with many more firms entering the market.

As the government is offering more favourable terms to overseas companies and to high-net-worth individuals seeking to enter the UK via either the entrepreneur, sole representative, or investor categories, it is clearly continuing to strive to attract new business and investment from Japan and the rest of the world.

Imag

e co

urte

sy o

f For

eign

an

d Co

mm

onw

ealt

h O

ffic

e

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

Tel: +852 3478 3757Email: 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...

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:

Despite the recent negative press coverage of the UK’s supposedly chaotic border controls, the government has stated that its aim is to ‘deliver an improved migration system that commands public confidence and serves our economic interests.’ Following up on this commitment, it has asked the MAC to advise it in regard to a policy package for Tier 2 for 2012/2013, including:

after considering its economic, labour-market, social, and public-service impacts, whether the current level of 20,700 Tier 2 (General) certificates should be set higher or lower for 2012,

whether the £40,000 minimum salary threshold for intra-company transfers seeking to stay for at least 12 months is an appropriate proxy test to ensure that migrants meet the General Agreement on Trade in Services (GATS) definition of senior managers and specialists,

whether the current inclusion of such non-salary remuneration as allowances in the £40,000 pay threshold for the intra-company transfer route undermines the validity of that threshold as a test of skill, and

what the impact on demand would be for Tier 2 visas, the resident labour force, and employers if the threshold for Resident Labour Market Test (RLMT) exemption were to be lowered from £150,000 to between £70,000 and £100,000.

Intra-company transferees

Intra-company transfers are fortunately not subject to the limit on migration, but are crucially included in this call for evidence. Whereas many employers recognise that

scope exists to reduce next year’s limit on the number of restricted Certificates of Sponsorship granted to main applicants, they are more apprehensive about the UKBA making any policy changes in regard to their ability to transfer key staff to the UK from their overseas offices. Given its current terminology, it

is conceivable that it will strictly limit future intra-company transfers to the GATS definition of senior managers and specialists, prevent companies from including such non-salary remuneration as living and accommodation allowances in the £40,000 pay threshold, or both. Should it introduce either of these measures blue chip companies may find their ability to second staff to the UK to be severely hampered.

Smith Stone Walters

In response to this important consultation, Smith Stone Walters shall be filing a response on behalf of our clients. If you have any suggestions or comments you wish for us to include, please contact us before 14 December 2011.

winter 11

Immigration News & Views from Smith Stone WaltersAnnual Tier 2 Limit for 2012 – 2013

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INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 11 winter 11

For further guidance please contact your Smith Stone Walters account manager.

JAPANESE FIRMS CONTINUE TO INVEST IN THE UK

A VIP Premium Service is now available at the visa application centres in Guangzhou and Shanghai for applicants seeking special service experiences from the UKBA at an additional service charge of only RMB250 per applicant.

Applicants can visit the visa application centre with prior appointments between 08:00 and 15:00 Monday through Friday and expect

a. express check-in and checkout to reduce waiting, b. dedicated premium lounge to provide more comfort, c. a dedicated premium service officer for more personalised service, and d. VIP treatment while being guided through the submission process.

The authorities, however, are unfortunately not pledging a guarantee that they will issue a UK visa in a timely fashion.

Please contact your Smith Stone Walters Account Manager today for details of our dedicated entry clearance management service.

CHINESE VIP VISA SERVICE

STUDENTS FACING TIGHTER CONTROLS

Following the UKBA’s recent crackdown on bogus colleges, more than 450 institutions are no longer able to act as sponsors for international students. Whilst the introduction of a tough new inspection system led to many colleges choosing to withdraw from the government scheme, many others had their licenses revoked for failure to comply with their sponsorship responsibilities. The UKBA continually monitors the behaviour of all sponsors and takes action against any who are not complying with the standards of education provision or immigration control.

Watch out for further measures to tighten the student regime in April 2012. The UKBA will be closing the post-study work route, which has allowed graduates free labour-market access, and students wishing to stay and work will need to apply under the skilled workers visa route. It will also implement new time limits on student visas and tougher rules on work placements.

Win a ChineseDragon Kite to celebrate Chinese New Year!

IN THIS ISSUEEDITORIAL: Future UK Residency Rights Linked to Earnings?

LATEST NEWS:Employment Opportunities Offered to Taiwanese NationalsBulgarian and Romanian Employment Restriction Expected to Stay in Place

Policy Change to the Minimum Age for Marriage VisasShrinkage in Shortage Skills ListNew Year Competition

USEFUL INFORMATION:Japanese Firms Continue to Invest in the UK Chinese VIP Visa ServiceStudents Facing Tighter Controls

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On a recent visit to Tokyo, Minister of State for Trade and Investment Lord Green spoke of past cooperation between Japan and the UK and a future full of opportunities for ever-closer partnership and cooperation.

Lord Green spoke at a lunch hosted by the British Chamber of Commerce in Japan about how the current Japanese investment in the UK of £29.2 billion across all business sectors underpins much of current British life.

He estimated that approximately 1,200 Japanese firms directly employing over 100,000 people are operating in the UK, with many more firms entering the market.

As the government is offering more favourable terms to overseas companies and to high-net-worth individuals seeking to enter the UK via either the entrepreneur, sole representative, or investor categories, it is clearly continuing to strive to attract new business and investment from Japan and the rest of the world.

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