AGE ASSESSMENTS - DENTAL X-RAYS

The UK Border Agency planning to embark on a trial of dental X-rays, starting on 29 March. The proposal is announced by Zilla Bowell, Director of Asylum. For full details read on.......

I am writing to let you know that, in conjunction with Croydon Council and Professor Graham Roberts of King's College Hospital, we are planning to embark on a trial of dental X-rays, starting on 29 March. The purpose of the trial is to establish whether dental X-rays are a useful tool in helping to establish people's ages when they have been assessed as an adult yet continue to maintain that they are a minor.

Many of you will be aware of the difficulties that arise when we are not able to establish, with any certainty, the age of an asylum applicant. We are keen to utilise any appropriate tool which can increase our levels of certainty (as long as it does not have a negative impact on the individual in safeguarding terms, of course). We believe that the process developed by Professor Roberts offers a potential means of achieving this, and we intend to explore the possibilities by testing his process within the framework of the asylum system.

We shall be offering individuals who are assessed by Croydon Council as adults, but who continue to contend that they are children, the opportunity to have a dental X-ray at Guys Hospital. The results will be passed back to the Agency, and the Agency will then contact the applicant. If the X-ray indicates that the individual is likely to be under 18, Croydon Council will be invited to review the age assessment in the light of the new evidence. If the X-ray indicates that the individual is likely to be over 18, their position will not change - they will continue to be treated as an adult in the asylum system, subject to any additional evidence emerging.

It will be made clear to asylum applicants who are offered the opportunity to participate (and, to be clear, the people who fall into this category are those who have recently been the subject of an age assessment from Croydon Council and who have been assessed as adults), that participation in the pilot is completely voluntary and that, if they do not choose to participate, it will not adversely affect their claim for asylum or humanitarian protection. We anticipate that the trial will last for three months. We are currently finalising the evaluation arrangements with the Home Office Chief Scientific Adviser.

===============================================

Feedbacks: Readers are free to send feedbacks on topics discussed on Migrants Watch, their experience on immigration matter or topics they would like to appear on this page by emailing: migrantswatch@hotmail.co.uk

Connect with me on Facebook at www.facebook/jkadebola

ASSISTED VOLUNTARY RETURN (Nigerian Diaspora Event 2012)

I got an invitation to attend an important event called “Assisted Voluntary Return”. I was invited to this event by a charity organisation called Association of British Nigerian Law Enforcement officers (ABLE).

This organisation is renowned for consistently working towards reversing the unflattering negative image often-labelled on Nigerians in Diaspora. They have been doing this for years by working in partnership with British and Nigerian Government Agencies.

This organisation is populated and run by Nigerian professionals working in various UK Law Enforcement Agencies, from Metropolitan Police to HMRC to Border Forces etc.

This Assisted Voluntary Return (AVR) event was organised by ABLE in collaboration with the Foreign and Commonwealth Office (FCO), the UK Border Agency (UKBA), the Nigerian High Commission (NHC).

We had representatives from all the aforementioned in attendance as well as a representative from Choices (a charity organisation saddled with the responsibility of administering the AVR scheme), who all contributed and enlightened the attendees about the benefits of this AVR scheme.

I chose to write about this event primarily because it is a scheme that is geared towards giving Immigrants the choice of returning home with dignity instead of allowing themselves to be apprehended, detained and subsequently deported in handcuffs accompanied by escorts. Another reason is that anything that has to do with the welfare of Immigrants is a subject that is very close to my heart. 

The event, like I said, was held last weekend at Lister Hall along Lister Road, London E11 3DA.

It was very enlightening as there was a Questions and Answer session. It was generally an eye-opening event that I would recommend for any Immigrant in the UK to attend when next it is organised.

To those people that I invited to accompany me but turned down the invitation fearing that the event was a set up to round up illegal immigrants and ship them home. I make bold to say that I hung around at a secret location after the event to observe and nothing of such happened. I am sure that many of those that attended the event to attest to this fact.

I am saying this now so that we can all re-tune our mindset and keep our eyes and ears open to be able to absorb new ideas that would benefit us. It’s no gain saying the fact that many of our people have lost out of gaining vital knowledge and information because of unfounded fear and outdated sentiments.

Though the AVR scheme set up by the UK government is meant for all Immigrants in the UK irrespective of country of origin, but this particular AVR event by ABLE is aimed at Nigerians in the UK and is meant to:

1. Raise awareness of the benefits of the Assisted Voluntary Return scheme;
2. Encourage participation of Nigerian communities in disseminating this information and
3. Highlight other initiatives in Nigeria to support returnees.

The AVR scheme is designed for all Migrants (including Asylum seekers) who have exhausted all appeal options and failed as well as the so-called illegal immigrants with no leave to remain in the UK.

The bottom line of this scheme – which I find interesting - is to accord Migrants a choice of returning home with their dignity intact and, in some cases, with a bit of financial incentive to help their reintegration back in their home country.

Mr. Steve Hall of the AVR Team, UK Border Agency spoke extensively about the benefits of this scheme especially how AVR is a better option for Migrants than an enforced return. I am reproducing hereunder an excerpt from the paper he presented so that readers can make up their minds on which option to take.

Enforcement versus Assisted Voluntary Return

Enforced Removal	Assisted Voluntary Return
May have little notice from the time they become removable.	Dates of departure are agreed with returnees.
May face the prospect of being arrested with a view to detaining them pending removal.	Individuals agreeing to return voluntarily will not subsequently be detained for removal.
In some circumstances, escorts will accompany the person being removed until they reach the country of return.	Escorts do not accompany returnees on their journey from the UK.

What is Assisted Voluntary Return?

3 Options for leaving the UK Voluntarily

1. Leave the UK independently (own expense);
2. Leave the UK under the Voluntary Departure/Removal procedure arranged through UKBA enforcement teams;
3. Leave the UK under one of the Assisted Voluntary Return schemes.

Key influencing factors in AVR take up

• Visible enforcement action/detention;
• Security and political situations in countries of return;
• Family dynamics and the desire for reunification;
• Life in UK not as anticipated.

Advantages to all

• If not detained, 3 months in which to prepare to permanently return;
• Return with dignity as normal passenger;
• Journey all the way home;
• In some cases financial support (AVRFC, VARRP);
• Supports micro-economy of receiving country;
• A positive solution to unrealistic expectations of life in the UK;
• Savings to UKBA and public services;
• The best option.

VARRP – the scheme for asylum seekers

Open to asylum seekers or failed asylum seekers of any nationality (apart from UK, Swiss or EEA nationals) meeting the eligibility criteria.

Assistance

• Provides support in acquiring travel documentation;
• Flight to country of origin and onward domestic transport;
• Airport assistance at departure and arrival airports;
• Reintegration assistance (£500 cash + £1000 in kind).

AVRFC – reintegration/eligibility similar to VARRP

• One/both parents or guardians plus at least one child under 18 years;
• Or, unaccompanied children under 18 years;
• Irregular migrants or asylum seekers.

-              Other family members under 18 considered under VARRP or AVRIM (Voldep);

-              Each family member gets reintegration;

-              £500 cash + £1500 in kind per AVRFC family member.

AVRIM – the scheme for irregular migrants

Assists irregular migrants – illegal entrants, trafficked people, smuggled people, overstayers – of any nationality (apart from UK, Swiss or EEA nationals) to return to their country of origin with dignity.

Assistance

• Provides support in acquiring travel documentation;
• Flight to country of origin and onward domestic transport;
• Airport assistance at departure and arrival airports;
• No reintegration assistance.

AVR – use of reintegration assistance

• Children’s clothes shop (rental for premises, stock purchase);
• Beverage sales (purchase of initial stock – own premises);
• Fabric Sales (Wholesale to market traders);
• Construction materials (iron rods no storage problems – plans for transport;
• Barbers 9experience in UK – set up salon);
• Minibus (mechanics experience – employs conductor);
• Tractor (Construction delivery rather than agriculture – employs part-time driver).

AVR – advantages of the programmes

• Enforcement action will not be taken leading up to departure;
• Deal entirely with Choices, not UKBA;
• 3 months preparation time (unless detained);
• Depart with dignity as a normal passenger;
• Advice support for all;
• Financial support for VARRP and VARFC;
• Eligibility criteria publicly available – honesty best policy;
• It’s voluntary!

AVR – Key Actions

1. AVR is often the best option to return home for those with no permanent right to stay in the UK;
2. Anyone interested may contact Choices – who administer the scheme – on 0800 800 0007 (Freephone including from mobiles);
3. Contact with Choices is in confidence – they are not part of UK Border Agency.

For more information you can email me at jkadebola@hotmail.com or reach ABLE at Mayfair House, 14 – 18 Heddon Street, London W1B 4DA. E-mail: info@ukableofficers.org. www.ukableofficers.org

===========================================

Feedbacks: Readers are free to send feedbacks on topics discussed on Migrants Watch, their experience on immigration matter or topics they would like to appear on this page by emailing: migrantswatch@hotmail.co.uk

CHANGES TO IMMIGRATION RULE

Immigration Minister Damian Green has just announced a raft of changes to Immigration rules which has been laid before Parliament and will take effect at various dates starting from Thursday 15^th March 2012.

We are reproducing hereunder the changes. Please read on.

“Changes to the Immigration Rules  

15 March 2012

Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules.

Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.

The changes include:

Migrants under the points-based system

Tier 1 - high-value migrants

·         Closing the Tier 1 (Post-study work) route.

·         Introducing the new Tier 1 (Graduate entrepreneur) route.

·         Introducing new provisions for switching from Tier 1 (Graduate entrepreneur) or Tier 1 (Post-study work) into Tier 1 (Entrepreneur).

·         Renewing the 1000 place limit for Tier 1 (Exceptional talent) for each of the next 2 years.

Tier 2 - skilled workers

·         Limiting the total amount of temporary leave that may be granted to a Tier 2 migrant to 6 years (which applies to those who entered after 6 April 2011).

·         Introducing a new minimum pay requirement of £35,000 or the appropriate rate for the job, for Tier 2 general and sportsperson migrants who wish to settle here from April 2016 (with exemptions for those in PhD level and shortage occupation categories).

·         Introducing a 'cooling-off period' across all the Tier 2 routes. Tier 2 migrants will need to wait for 12 months from the expiry of their previous visa before they may apply for a further Tier 2 visa.

·         Introducing new post-study arrangements for graduates switching into Tier 2.

Tier 4 - students

Implementing the final set of changes to the student visa system that were announced in March 2011, including:

·         Extending the interim limit for sponsors that have applied for educational oversight and Highly Trusted Sponsor status and have not yet been assessed.

·         Introducing limits on the time that can be spent studying at degree level.

·         Tightening work placement restrictions.

Tier 5 - temporary workers

·         Limiting the length of time temporary workers can stay in the UK, under certain Government Authorised Exchange schemes, to a maximum of 12 months. The schemes affected are intern, work experience and youth exchange type programmes.

·         Allowing sportspersons who enter under the Tier 5 creative and sporting sub-category to undertake some guest sports broadcasting work where they are not filling a permanent position.

Changes in all tiers of the points-based system

·         Making curtailment mandatory where a migrant under Tiers 2, 4, or 5 of the points-based system has failed to start, or has ceased, their work or study with their sponsor. This includes cases where a sponsor notifies us, via the sponsor management system (SMS), that a migrant is no longer pursuing the purpose of their visa. The Rules will also set out the limited exceptions to mandatory curtailment.

·         Reducing the curtailment threshold (the level of leave you have left which means that we will not normally pursue curtailment) from 6 months to 60 days.

·         Increasing the funds applicants will need to provide evidence of, in order to meet the maintenance requirements for all routes in the points-based system. For Tier 4 and Tier 5 Youth Mobility Scheme the changes will come into effect on 6 April 2012. For Tier 1, Tier 2 and temporary workers under Tier 5 the changes will come into effect on 14 June 2012.

Visitors

·         The new visitor route will allow a small group of professionals, artists, entertainers and sportspersons who are invited to come to the UK to undertake short-term permitted fee paid engagements for up to 1 month.

Overseas domestic workers

·         Restricting all overseas domestic workers (ODW) to only work for the employer with whom they entered the UK, or whom they came to join.

·         Removing the right for all migrants under the ODW category to apply for settlement.

·         Strengthening the requirement for the employer of an ODW to provide evidence of an existing employer relationship, and introducing a requirement for agreed, written terms and conditions of employment to be produced, as part of the application for entry clearance.

·         Permitting all ODWs who have applied for leave to enter or remain on or before 5 April 2012, to continue to be treated under Immigration Rules in place on that date.

·         Restricting ODWs in private households to work for an employer who is a visitor to the UK. Permission to stay in the UK will be limited to a maximum of 6 months or the period of the employer's stay whichever is shorter. Removing the current provision for ODWs to be accompanied by dependants.

·         Permitting ODWs in diplomatic households to apply to extend their stay for 12 months at a time up to a maximum of 5 years, or the length of the diplomat's posting, whichever is shorter.

Sponsors

·         Introducing a Premium Customer Service for those A-rated sponsors in Tiers 2 and 5 who wish to apply and pay for a range of benefits. We will publish the full range of service benefits in due course. The service will launch in the 2012-13 financial year.

In addition to these changes, the government is also making amendments to the extension of leave to remain.

The Home Office has today published 2 financial impact assessments: one on settlement and another on Tier 5 and overseas domestic workers, as well as a policy equality statement.

For full details of the changes please see the Statement of Changes to the Immigration rules (HC 1888) and the Explanatory Memorandum on the right side of this page. The written ministerial statement, impact assessments and the policy equality statement can be found on the Home Office website.

We have previously announced the changes to settlement, overseas domestic workers and students in a series of news stories.

Automatic settlement for skilled workers to end  

29 February 2012

As part of the government's commitment to reviewing the immigration system, last summer a consultation was launched proposing reforms to employment-related settlement, Tier 5 and overseas domestic worker routes.

Immigration Minister Damian Green has today announced the government's response to this consultation. The proposed changes will mean that skilled migrant workers coming to the UK under Tier 2 of the points-based system will no longer be able to settle in the UK simply based on the amount of time they have spent in the UK.

 A new minimum pay threshold will also mean that only the brightest and best workers, who strengthen the UK economy, will be able to apply to stay in the UK permanently.

 The new rules will break the link between coming to the UK to work and staying forever. Exceptionally talented people, investors and entrepreneurs will continue to have the option to stay. Skilled temporary workers wanting to apply for settlement will have to earn at least £35,000 or the going rate for their job, whichever is higher. Migrants doing jobs which are in shortage, and scientists and researchers in PhD-level roles, will be exempt from the £35,000 threshold. Temporary permission to enter and remain in the UK will be capped at 6 years, to reinforce the temporary nature of Tier 2.

 Damian Green said:

'Settlement in the UK is a privilege. We are sweeping aside the idea that everyone who comes here to work can settle, and instead reserving this important right only for the brightest and best.

'Our reforms of the immigration system will ensure we are more selective not only about those who are allowed to come here but also those who are allowed to stay permanently.'

The government intends to:

·         Continue to provide a direct route to settlement for investors, entrepreneurs and exceptionally talented migrants under Tier 1.

·         Continue to provide a route to settlement for the best Tier 2 migrants, if they meet a minimum salary threshold of £35,000.

·         Allow those who enter as PhD-level scientists and researchers to qualify for settlement without having to meet the £35,000 minimum salary threshold.

·         make all workers in shortage occupation jobs (currently including specialist nurses, teachers and social workers) exempt from the minimum settlement salary threshold of £35,000;

·         allow Tier 2 migrants to extend their temporary permission to stay in the UK up to maximum of 6 years, and introduce a 12-month 'cooling off' period;

·         retain a route for overseas domestic workers in private households, but only when accompanying a visitor and limited to 6 months' stay with no right to change employer;

·         Retain the current route of entry for private servants in diplomatic households under Tier 5 (Temporary worker - International agreement), with a maximum stay of 5 years and no ability to change employer or to settle.

The government also plans to make changes to the visitor rules to allow a defined group of professionals to undertake specific fee-paid activities for short stays of up to 1 month without formal sponsorship requirements.

The government is reforming all routes of entry to the UK in order to reduce net migration from the hundreds of thousands to the tens of thousands. It has already taken action to reduce numbers by restricting the number of migrants from outside the European Union who can come here to work, and introducing changes to the student visa system. The changes announced today will bring greater control over who is able to settle in the UK.

Full details of the proposals, a summary of responses to the consultation, and Damian Green's written ministerial statement can all be found on the Home Office website.

Private servants in diplomatic households: changes affecting diplomatic missions

29 February 2012

From 6 April 2012, there will be some changes to the procedure for sponsoring a private servant in a diplomatic household under Tier 5 of the points-based system.

These private servants will continue to be able to come to the UK under Tier 5 (Temporary worker - International agreement), and will still need to be sponsored by the diplomatic mission. But the mission will need to add a 'sponsor note' to the certificate of sponsorship assigned to a private servant, giving the name of the diplomat for whom the private servant will work.

The private servant will only be able to work for this diplomat. They will not be able to change to work for another diplomat in the mission, and must leave the UK when the diplomat does (or earlier). The private servant will be able to stay for a maximum of 5 years.

We are also introducing a pre-entry requirement: the private servant and the diplomat for whom they will work must agree and sign written terms and conditions of employment (covering issues such as hours of work, salary and time off). This document must be completed before the private servant can be sponsored, and must be included with their visa application. As the sponsor, the mission will agree that the private servant's written terms and conditions conform to all relevant UK and European legislation, such as the National Minimum Wage Act and the EU working time directive.

These changes do not affect private servants who are exempt from immigration control because they are servants of the head of a diplomatic mission employed and paid directly by your country.

New student rules to welcome the brightest and best while tackling abuse

13 February 2012

New rules will come into force within weeks to cut abuse of the student visa route and ensure that only the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green announced today.

Students can currently work in the UK for 2 years after their studies have finished, under the Tier 1 (Post-study work) route. But from 6 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 in order to benefit the British economy.

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 5 years.

Damian Green said:

'It is vital that we continue to attract the brightest and the best international students, but we have to be more selective about who can come here and how long they can stay.

'In the past, too many students have come to the UK to work rather than study, and this abuse must end. With the introduction of the Graduate Entrepreneur route and the restrictions on student work, we are reforming the system to deliver immigration to benefit Britain.'

For full details of the changes that are coming into effect, you can download a statement of intent from the Home Office website.

===============================================

Feedbacks: Readers are free to send feedbacks on topics discussed on Migrants Watch, their experience on immigration matter or topics they would like to appear on this page by emailing: migrantswatch@hotmail.co.uk

Follow our Blog on http://migrantswatchuk.blogspot.com

Connect with me on Facebook at www.facebook/jkadebola