This judgement relates to the amount of time that a person was required to show funds. If you had sufficient funds on a single day (within the month prior to your application) you should meet the maintenance requirements.

This revised policy will apply to those who unsuccessfully applied:-

1] From outside the UK between 23 June 2010 and 22 July 2010 inclusive; OR

2] From within the UK (at a time when you had lawful status in the UK) on or before 22 July 2010

This announcement only relates to a number of applications made within a specified timeframe.Applicants have a deadline until22 June 2011 to request a review of their decision.

The UK Border Agency making further representations before Parliament. Applications currently under consideration should be automatically considered in line with the above judgement.

If you would like assistance with your application please contact PERMITS2WORK Ltd

The interim limit restricts the number of certificates of sponsorship (CoS) that a company has available to them. This affects employers and individuals in two ways:

1] To reduce the number of CoS that have been allocated to the sponsor

2] To limit the number of migrants that can apply to come to the UK  through a monthly quota system

Although the quota does not apply to extension applications, the shortage of CoS certificates could, in some cases, prevent applications being made before the person’s visa expires. This CoS reduction does not apply to Tier 2 Intra Company Transfers.

The UK Government has pledged to reduce numbers of migrants by 5% during the interim period. However, many employers have found their existing CoS allocation dramatically reduced or reset to zero. The UK Border Agency has based these figures by comparing the exact number of CoS that a sponsor has assigned between 19^th July 2009 and 31^st March 2010.

This approach appears to be fundamentally flawed; by penalizing sponsors who did not need to make CoS applications in the last period and now find themselves in the position where they cannot extend an existing employees permission until this is resolved.

The UK Border Agency has written to sponsors advising that written applications to request an increase in CoS allocation will only be considered on an exceptional and case by case basis; and that the majority of requests will be unsuccessful.

In the event that UK Border Agency approves your request, this will be processed in the following order:

1] A Work Permit or Tier 2 (General) extension for an existing sponsor

2] A Work Permit or Tier 2 (Genera) extension for a new sponsor

3] A  shortage occupationfor an existing sponsor

4] A shortage occupation for a new sponsor

5] A non shortage occupation for an existing sponsor

6] A non shortage occupation for a new sponsor

If you have an existing member of staff who requires an extension you can only write to the UK Border Agency within 60 days before the persons visa expires. We can assist you in making this application to ensure that you receive expert help and advocacy.

In some cases the individual may qualify for another scheme or programme (such as Tier 1 General). We can assess these applications and advise you accordingly.

It seems both unfair and disproportionate to expect UK employers (who have already been audited and rated by the UK Border Agency) to have a further set of restrictions placed on them. Please contact us to discuss what options may be available.

The current situation is creating a great deal of uncertainty within the business community who are finding it increasingly difficult to plan their resources and rely on international staff to fill specialist and skilled positions within the organisation. Existing sponsors who are unhappy with their CoS allocation can email the UK Border Agency Limits@homeoffice.gsi.gov.uk

We encourage all employers to discuss their situation with us; to see what options are available to consider at this stage and to seek professional advice at an early stage.

The interim limit is to be further divided into monthly limits. Once the monthly limit has been reached no further applications will be considered until the following month. Applications received will be held in a queue in order of the date of application, until the following month’s limit is opened.

The interim limits will apply to all new applicants under Tier 1 (General), except for the following:

1. Extension applications
2. In-country applications (i.e. applicants switching from another Immigration category to Tier 1 General)

New applications under Tier 1 (General) will also be subject to a minimum score of 100 under the points based system, raising the threshold by an additional 5 points. Extension applications will continue to be considered based on a qualifying score of 95 points.

The application of the limit to Tier 2 (General) will be implemented through a limit to the number of certificates of sponsorship that an employer can issue. Once an individual is issued with a certificate of sponsorship, they are deemed to be within the limits for the relevant period and their application under Tier 2 should be considered as normal.

The limit will not apply to extension applications under Tier 2 although it will apply to applicants switching from another immigration category in the UK into Tier 2 (General).

The delivery of such changes is likely to be fraught with impracticalities and logistical problems.  We are here to help employers as well as individual applicants through the changes in order to make the constantly changing processes as smooth as possible.

Individuals concerned about the changes should contact us as soon as possible for further guidance.

You will need to meet the requirement if:

• you are a national of a country outside the European Economic Area and Switzerland; and
• you are in a relationship with a British citizen or a person settled here; and
• you want to apply to enter or remain in the UK as that person’s husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.

The new requirement was announced on 9 June 2010 in a news story on this website.

When will the requirement be introduced?

We will introduce the requirement by way of changes to the Immigration Rules in autumn 2010. A firm date will be confirmed on this website in due course.

What will you need to do?

If you are not a national of a majority English-speaking country (see below), you will need to pass an acceptable English language test with one of the UK Border Agency’s approved test providers.

In the test, you will need to demonstrate a basic command of English (speaking and listening) at level A1 of the Common European Framework of Reference. This is a basic level, which is judged to require 40 to 50 hours’ tuition for most learners. Someone assessed at level A1 can understand and use simple, everyday expressions and very basic phrases.

You will not need to demonstrate your reading and writing skills.

When you make your application to us, you will need to provide evidence that you have passed the test.

We will publish details of acceptable tests and approved test providers on this website in due course.

You will need to pay for your own English language test. The cost of a test will vary according to your test provider and country.

What is a majority English-speaking country?

If you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

We consider that the following countries are majority English-speaking countries:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• the United States of America

The National Identity Register, the database which contains the biographic and biometric fingerprint data of card holders, would also be destroyed by the first piece of legislation introduced to Parliament by the coalition government.

Home Secretary Theresa May said:

‘This bill is a first step of many that this government is taking to reduce the control of the state over decent, law-abiding people and hand power back to them.

‘With swift Parliamentary approval, we aim to consign identity cards and the intrusive ID card scheme to history within 100 days.’

Deputy Prime Minister Nick Clegg said:

‘The wasteful, bureaucratic and intrusive ID card scheme represents everything that has been wrong with government in recent years.

‘By taking swift action to scrap it, we are making it clear that this government won’t sacrifice people’s liberty for the sake of Ministers’ pet projects.

‘Cancelling the scheme and abolishing the National Identity Register is a major step in dismantling the surveillance state – but ID cards are just the tip of the iceberg. Today marks the start of a series of radical reforms to restore hard-won British freedoms.’

The Identity Documents Bill is part of a first wave of priority legislation set out in the Queen’s Speech on 25 May. The Bill invalidates the identity card, meaning that holders will no longer be able to use them to prove their identity or as a travel document in Europe.

The government aims to have the Bill pass through Parliament and enacted by the Parliamentary recess in August, in a move that will save the taxpayer around £86m over the next four years once all cancellation costs are taken into account. It would also avoid around £800m of ongoing costs over the next ten years which were to be recovered through fees.

The Identity & Passport Service will inform customers, overseas governments, borders and airports of the change in law as soon as the Bill gains Royal Assent.

The role of the Identity Commissioner would also be terminated. The public panels, designed to scrutinise the identity cards scheme, have already been disbanded.

This change will not affect the UK Border Agency’s programme of biometric residence permits (also known as identity cards for foreign nationals), which we will continue to issue to some categories of migrant as required by European law. For more information, see the While you are in the UK section of this website.

Rob Yeldham, director of communications advised:

‘My name has been used in several apparent attempts to scam foreign professionals looking for work in the UK. We have referred cases to our security unit, but at this stage it is unclear what the nature of the scam is, or where in the world it is based. The best advice is to be careful of any unsolicited offers.’

What to look out for:

Anything implying endorsement by an official – UK Border Agency staff never act on behalf of employers.

Incorrect agency email addresses, for example, co.uk, or .com endings.

Most settlement applicants aged between 18 and 64 must show that they have sufficient knowledge of the English language and of life in the UK. They can meet this requirement by either passing the ‘Life in the UK’ test or obtaining an approved English for Speakers of Other Languages (ESOL) qualification. The ESOL provision is for people whose standard of English is below ESOL Entry Level 3.

Until 6 April 2010, you could satisfy the ESOL requirement by obtaining a relevant ESOL qualification from an approved awarding body following attendance on a course which was taught using specified citizenship materials. Now you must also:

• have studied for your ESOL qualification at an ‘accredited college’; and
• be able to demonstrate that you have progressed at least one level in order to obtain your qualification.

An ‘accredited college’ is:

• a publicly funded college which is subject to inspection by Ofsted or its devolved equivalents; or
• a private college which is accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS) or the Accreditation Service for International Colleges (ASIC).

We will accept that a college meets the definition of an ‘accredited college’ if it was accredited on the date when you obtained your qualification, or if it is accredited on the date when your settlement application is decided.

If you submit your settlement application on or after 7 April 2010, you must meet the new requirements.

If you submitted your settlement application before 7 April 2010, it will be considered in accordance with the provisions in force on 6 April 2010. The college where you studied will not need to be accredited, but you will still need to have obtained an ESOL qualification from an approved awarding body following attendance on a course which contained citizenship materials.

There is no change to the provisions for those taking the ‘Life in the UK’ test.

For more information, please see the Knowledge of language and life pages in the Settlement section of our website.

For more information on the changes to the ESOL provisions, see the guidance and letter to stakeholders.