04 summer 10 INSiGHT from Smith Stone Walters 05 summer 10 INSiGHT from Smith Stone Walters

UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

Changes to the Knowledge-of-Language-and-Life focus Within each of our quarterly

newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
summer 10
Requirement for Settlement clients with a clear and concise account of the key issues.
Tel: +44 (20) 8461 6660
Fax: +44 (20) 8461 6661
Tel: +1 646 378 4406
Fax: +1 646 378 4409
We trust this section will prove to be both informative and of Email: info@ Email: usa@
On 7 April 2010, the UKBA made important changes to the ESOL provisions within the knowledge- interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com

of-language-and-life requirement for people seeking settlement in the UK.

Immigration News & Views from Smith Stone Walters
Most settlement applicants aged between 18
and 64 must show that they have sufficient Identity cards
knowledge of the English language and of life
in the UK. They can meet this requirement
either by passing the Life in the UK test or by
obtaining an approved English for speakers of
other languages (ESOL) qualification. The ESOL
Does each migrant worker now
need an identity card?


identity card. Migrants cannot
apply for an identity card unless
What changes will IN THIS ISSUE
provision is for people whose standard of they are applying to extend
the new coalition editorial:
Useful Information

English is below ESOL Entry Level 3. Depending on their immigration 01 With a coalition government
their stay in one of the now in power, what changes
category, they may need to apply
Until 6 April 2010, people could satisfy the
ESOL requirement by obtaining a relevant


for an identity card for foreign
nationals when they apply for
relevant categories.
government bring can we expect to see in UK
immigration policy?
latest news:

to immigration law?
ESOL qualification from an approved awarding permission to extend their stay in 02
body after completing a course taught using How does a member of my staff Tier 1 & Tier 2 revisions go live
the UK. apply for a card? UKBA launches £15,000 Super
specified citizenship materials. In order to 03 Premium service!
obtain their qualification now they must also: An applicant category table, They apply for an identity card Visa Waiver Test results for the
which you can download from using the same form they use Eastern Caribbean
have studied for their ESOL qualification at http://www.bia.homeoffice. for their application to extend useful information:
an accredited college, and their stay. They will also need to 04 Changes to the Knowledge-of-
gov.uk/sitecontent/
enrol their biometric information Language-and-Life requirement
be able to demonstrate that they have documents/ for settlement
managingourborders/ with the UKBA. They can do this
progressed at least one level. focus on:
categorytableforidentitycards at any of a range of biometric 05 Identity cards
Any migrants seeking to submit their lists the categories of who must enrolment centres around the UK.
settlement application must now meet these currently apply for a card if they
new requirements. want to extend their stay. This
list has included Tier 2 migrant How do migrant workers use What copies should we as
workers since January 2010. their identity cards? employers keep?
Their identity cards are proof of If you are presented with an ID
their permission to stay in the UK card as proof of someone’s right
TOUGHER PENALTIES FOR EMPLOYERS Should all existing Tier 2 and show any conditions on their to work, UKBA expects you to
migrant workers therefore stay. They also enable the retain a copy of the original card
Not knowing is no excuse now apply for an identity card? migrants to confirm their identity on file and re-sight the original
The most severe penalties, including unlimited fines and prison sentences, are for employers who No. They should wait until their and their rights and to access document at least annually to
knowingly break the rules. However, even those who unknowingly employ illegal migrants through existing visa needs renewing. public services. verify that the employee’s
less than diligent recruitment and employment practices can face penalties of up to £10,000 for When they apply to extend their permission to work continues to
If your migrant workers go abroad
each illegal worker. be valid.

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
stay in the UK the application

This publication is not meant to be used as a substitute for proper professional advice based on the facts of
during their time here, they may
form will tell them whether they need to show their identity cards
In short, every employer needs to know what the rules are and what they must do to ensure that will also need to apply for an
they are not breaking the law by employing illegal migrants. to an immigration officer at the
border when they leave the UK,

Limited accepts no liability for any action taken based on the contents of this publication.
For further advice in regard
It’s your responsibility will need to show their cards and
to biometric ID cards, please
It’s in your interest to make sure that the migrant workers you employ are eligible to work in the UK. their valid national passports or
contact your Smith Stone
Checking the documents of prospective employees before you hire them provides you with what is travel documents before they
Walters account manager.
known as a statutory excuse, which may prevent you from having to pay a civil penalty. For those start their return journeys, and
workers who have a time limit on how long they can stay in the UK, you must repeat the document again when they re-enter the UK.
checks at least once a year to retain your statutory excuse. The identity card proves that a
person is allowed to return to
Failure to do so could prove extremely costly for you and your business in terms of both money and the UK but that person cannot
possible severe damage to your reputation. use it instead of a passport or
travel document.
Speak with Smith Stone Walters today to find out how we can help you
to maintain your company’s immigration-based compliance.
 01 summer 10 INSiGHT from Smith Stone Walters 02 summer 10 INSiGHT from Smith Stone Walters 03 summer 10 INSiGHT from Smith Stone Walters

With the historic Conservative-Liberal Democrat Tier 1 & Tier 2 Revisions Go Live UKBA Launches £15,000 Super Premium Service!
coalition now in government, what changes can The last big change to Tiers 1 (highly skilled workers) and 2 (skilled workers with a job offer) of the In April the UKBA launched a new service decision on the application within 24 hours
we expect to see in UK immigration policy? Points Based System took place on 6 April 2010. for customers applying to extend their
permission to stay, also known as leave to
of the visit if the applicant meets all the
requirements.
These changes included: remain, in the UK. Despite our initial thoughts
The Conservatives and the Liberal Democrats published an initial document last month setting out the that this may be an April Fool’s joke, it is true. This service will initially be available to
agreements that they had reached on a range of issues. It indicates that the new coalition intends to A new points table for Tier 1 The new service fee payable to the UKBA is customers located in London and the south of
pursue the Conservatives’ manifesto commitments in regard to immigration and that the Lib Dems £15,000. England. The UKBA anticipates extending it to
that now allows applicants with
will therefore be forced to ditch their flagship policy of earned citizenship for illegal migrants. cover all of the UK at some time in the future.
previous annual incomes of This super premium service supposedly We do not expect to see a queue of people
The Conservative election manifesto said that immigration has “enriched our nation” and that the £150,000 or more to come to the provides a high level of customer service and rushing to engage this service at that inflated
economy needs “the brightest and the best.” It also stated, however, that immigration is too high, convenience and is available to people who price. The UKBA obviously
UK as Tier 1 migrants even if they
and it promised to reduce net migration to “tens of thousands” a year. Since the latest official figures are applying to extend their stay in the UK has other ideas.
show that in 2008 net inward migration was 163,000, such a reduction in numbers is likely to affect have no formal higher-level
under either Tier 2 or Tier 4 of the points-
employers of migrant staff. qualifications. based system or in immigration categories
We expect the new government’s immigration policy to be based on four strands: that use application forms TOC, FLR(M),
A tightening of the qualifying FLR(BID), and FLR(BUS).
They will introduce an annual limit on the number of non-EU economic migrants allowed to criteria for intra-company
work here, taking into consideration the effects that a rising population has on our public services For a fee of £15,000 per application, UKBA
transferees, requiring them to

latest NEWS

latest NEWS
and local communities. They intend for the limit to change each year to take into account officers will visit a location of the customer’s
have 12 months of company choosing to enrol the applicant’s biometric
immigration’s wider effects on society.
editorial

experience before transferring. information, which is fingerprints and

They will work to prevent illegal immigration with a Border Police Force dedicated to suppressing In order to reflect the temporary a photograph, after which it will issue a
it, and people trafficking, vigorously. nature of intra-company transfers,
They will introduce important new rules to tighten up the student visa system, which at the this category will also no longer
moment is the biggest hole in our border controls. lead to settlement in the UK.
Visa Waiver Test Results for
They will promote integration into British society, including the introduction of an English
language test for anyone coming here from outside the EU to get married. An updated points table for Tier 2 with higher salary bands. These adjustments ensure that the Eastern Caribbean
all applicants in non-shortage occupations now need to have prospective annual earnings of at
After carrying out a Visa Waiver Test for seven countries in the eastern Caribbean, the UKBA has
least £20,000. A further modification means that any intra-company transferees unable to
announced that it is considering introducing a visa requirement for visitors to the UK from Dominica
obtain additional points due to holding formal qualifications will now need prospective UK and St Lucia.
earnings of at least £32,000 to qualify.
The Visa Waiver Test determined the risk that these countries’ citizens potentially pose to the UK
The introduction of new sub-categories for intra-company transfers that enable multinational in terms of illegal immigration, crime, and security, and found a strong case for introducing visa
regimes for Dominica and St Lucia. It will make its final decision on visa regimes later this year.
companies to transfer staff to the UK to take short-term graduate placements or for short-term
skills transfers.

The key change for employers is therefore the proposed annual limit to the number of non-EU
economic migrants seeking to work here. Such quotas are common, with both the United States and
Australia having implemented similar policies. The key balancing act is to ensure that any such limit
is set neither too low nor too high. If it’s too low UK Plc is likely to suffer because you as employers
will be unable to recruit from outside the EU, even if you are unable to source suitably qualified
candidates locally. If it’s too high the government’s efforts to limit immigration will be ineffective.
Until the coalition announces its first annual limit it will be difficult to say how this may affect your
company’s ability to hire migrant staff, offer existing overseas staff the opportunity to undertake a
short-term secondment to the UK, or both. The devil will be in the detail and we will therefore have to
wait for the new government to determine its mechanism for implementing such a limit.
Watch this space!
Since the introduction of these changes it has become apparent from speaking with both employers
and migrant workers that the decision to prevent intra-company transfers from seeking settlement
in the UK has had the most impact. Whilst most assignees do not necessarily see their future in the
UK, many like to have their option to settle in this country left open. As such, some migrants are
now electing to seek entry to the UK via the Tier 1 highly skilled route rather than that of being Tier
2 intra-company transfers in order to keep their path to residency open. We advise employers to take
note of this trend.
In regard to these new restrictions, we have obtained further clarity from the UKBA
Policy Department about whether employers can offer permanent contracts for UK
employment to migrant workers seeking entry to the UK under the temporary Tier 2
intra-company transfer route. They have confirmed that they see this as acceptable. However, we
remind employers of the need to advise all those staff members seeking entry to the UK under this
temporary category of the residency constraint it places upon them and their accompanying
family members.

Remember: Smith Stone Walters staff are on hand to advise you in all
matters involving UK immigration law.
 01 summer 10 INSiGHT from Smith Stone Walters 02 summer 10 INSiGHT from Smith Stone Walters 03 summer 10 INSiGHT from Smith Stone Walters

With the historic Conservative-Liberal Democrat Tier 1 & Tier 2 Revisions Go Live UKBA Launches £15,000 Super Premium Service!
coalition now in government, what changes can The last big change to Tiers 1 (highly skilled workers) and 2 (skilled workers with a job offer) of the In April the UKBA launched a new service decision on the application within 24 hours
we expect to see in UK immigration policy? Points Based System took place on 6 April 2010. for customers applying to extend their
permission to stay, also known as leave to
of the visit if the applicant meets all the
requirements.
These changes included: remain, in the UK. Despite our initial thoughts
The Conservatives and the Liberal Democrats published an initial document last month setting out the that this may be an April Fool’s joke, it is true. This service will initially be available to
agreements that they had reached on a range of issues. It indicates that the new coalition intends to A new points table for Tier 1 The new service fee payable to the UKBA is customers located in London and the south of
pursue the Conservatives’ manifesto commitments in regard to immigration and that the Lib Dems £15,000. England. The UKBA anticipates extending it to
that now allows applicants with
will therefore be forced to ditch their flagship policy of earned citizenship for illegal migrants. cover all of the UK at some time in the future.
previous annual incomes of This super premium service supposedly We do not expect to see a queue of people
The Conservative election manifesto said that immigration has “enriched our nation” and that the £150,000 or more to come to the provides a high level of customer service and rushing to engage this service at that inflated
economy needs “the brightest and the best.” It also stated, however, that immigration is too high, convenience and is available to people who price. The UKBA obviously
UK as Tier 1 migrants even if they
and it promised to reduce net migration to “tens of thousands” a year. Since the latest official figures are applying to extend their stay in the UK has other ideas.
show that in 2008 net inward migration was 163,000, such a reduction in numbers is likely to affect have no formal higher-level
under either Tier 2 or Tier 4 of the points-
employers of migrant staff. qualifications. based system or in immigration categories
We expect the new government’s immigration policy to be based on four strands: that use application forms TOC, FLR(M),
A tightening of the qualifying FLR(BID), and FLR(BUS).
They will introduce an annual limit on the number of non-EU economic migrants allowed to criteria for intra-company
work here, taking into consideration the effects that a rising population has on our public services For a fee of £15,000 per application, UKBA
transferees, requiring them to

latest NEWS

latest NEWS
and local communities. They intend for the limit to change each year to take into account officers will visit a location of the customer’s
have 12 months of company choosing to enrol the applicant’s biometric
immigration’s wider effects on society.
editorial

experience before transferring. information, which is fingerprints and

They will work to prevent illegal immigration with a Border Police Force dedicated to suppressing In order to reflect the temporary a photograph, after which it will issue a
it, and people trafficking, vigorously. nature of intra-company transfers,
They will introduce important new rules to tighten up the student visa system, which at the this category will also no longer
moment is the biggest hole in our border controls. lead to settlement in the UK.
Visa Waiver Test Results for
They will promote integration into British society, including the introduction of an English
language test for anyone coming here from outside the EU to get married. An updated points table for Tier 2 with higher salary bands. These adjustments ensure that the Eastern Caribbean
all applicants in non-shortage occupations now need to have prospective annual earnings of at
After carrying out a Visa Waiver Test for seven countries in the eastern Caribbean, the UKBA has
least £20,000. A further modification means that any intra-company transferees unable to
announced that it is considering introducing a visa requirement for visitors to the UK from Dominica
obtain additional points due to holding formal qualifications will now need prospective UK and St Lucia.
earnings of at least £32,000 to qualify.
The Visa Waiver Test determined the risk that these countries’ citizens potentially pose to the UK
The introduction of new sub-categories for intra-company transfers that enable multinational in terms of illegal immigration, crime, and security, and found a strong case for introducing visa
regimes for Dominica and St Lucia. It will make its final decision on visa regimes later this year.
companies to transfer staff to the UK to take short-term graduate placements or for short-term
skills transfers.

The key change for employers is therefore the proposed annual limit to the number of non-EU
economic migrants seeking to work here. Such quotas are common, with both the United States and
Australia having implemented similar policies. The key balancing act is to ensure that any such limit
is set neither too low nor too high. If it’s too low UK Plc is likely to suffer because you as employers
will be unable to recruit from outside the EU, even if you are unable to source suitably qualified
candidates locally. If it’s too high the government’s efforts to limit immigration will be ineffective.
Until the coalition announces its first annual limit it will be difficult to say how this may affect your
company’s ability to hire migrant staff, offer existing overseas staff the opportunity to undertake a
short-term secondment to the UK, or both. The devil will be in the detail and we will therefore have to
wait for the new government to determine its mechanism for implementing such a limit.
Watch this space!
Since the introduction of these changes it has become apparent from speaking with both employers
and migrant workers that the decision to prevent intra-company transfers from seeking settlement
in the UK has had the most impact. Whilst most assignees do not necessarily see their future in the
UK, many like to have their option to settle in this country left open. As such, some migrants are
now electing to seek entry to the UK via the Tier 1 highly skilled route rather than that of being Tier
2 intra-company transfers in order to keep their path to residency open. We advise employers to take
note of this trend.
In regard to these new restrictions, we have obtained further clarity from the UKBA
Policy Department about whether employers can offer permanent contracts for UK
employment to migrant workers seeking entry to the UK under the temporary Tier 2
intra-company transfer route. They have confirmed that they see this as acceptable. However, we
remind employers of the need to advise all those staff members seeking entry to the UK under this
temporary category of the residency constraint it places upon them and their accompanying
family members.

Remember: Smith Stone Walters staff are on hand to advise you in all
matters involving UK immigration law.
 01 summer 10 INSiGHT from Smith Stone Walters 02 summer 10 INSiGHT from Smith Stone Walters 03 summer 10 INSiGHT from Smith Stone Walters

With the historic Conservative-Liberal Democrat Tier 1 & Tier 2 Revisions Go Live UKBA Launches £15,000 Super Premium Service!
coalition now in government, what changes can The last big change to Tiers 1 (highly skilled workers) and 2 (skilled workers with a job offer) of the In April the UKBA launched a new service decision on the application within 24 hours
we expect to see in UK immigration policy? Points Based System took place on 6 April 2010. for customers applying to extend their
permission to stay, also known as leave to
of the visit if the applicant meets all the
requirements.
These changes included: remain, in the UK. Despite our initial thoughts
The Conservatives and the Liberal Democrats published an initial document last month setting out the that this may be an April Fool’s joke, it is true. This service will initially be available to
agreements that they had reached on a range of issues. It indicates that the new coalition intends to A new points table for Tier 1 The new service fee payable to the UKBA is customers located in London and the south of
pursue the Conservatives’ manifesto commitments in regard to immigration and that the Lib Dems £15,000. England. The UKBA anticipates extending it to
that now allows applicants with
will therefore be forced to ditch their flagship policy of earned citizenship for illegal migrants. cover all of the UK at some time in the future.
previous annual incomes of This super premium service supposedly We do not expect to see a queue of people
The Conservative election manifesto said that immigration has “enriched our nation” and that the £150,000 or more to come to the provides a high level of customer service and rushing to engage this service at that inflated
economy needs “the brightest and the best.” It also stated, however, that immigration is too high, convenience and is available to people who price. The UKBA obviously
UK as Tier 1 migrants even if they
and it promised to reduce net migration to “tens of thousands” a year. Since the latest official figures are applying to extend their stay in the UK has other ideas.
show that in 2008 net inward migration was 163,000, such a reduction in numbers is likely to affect have no formal higher-level
under either Tier 2 or Tier 4 of the points-
employers of migrant staff. qualifications. based system or in immigration categories
We expect the new government’s immigration policy to be based on four strands: that use application forms TOC, FLR(M),
A tightening of the qualifying FLR(BID), and FLR(BUS).
They will introduce an annual limit on the number of non-EU economic migrants allowed to criteria for intra-company
work here, taking into consideration the effects that a rising population has on our public services For a fee of £15,000 per application, UKBA
transferees, requiring them to

latest NEWS

latest NEWS
and local communities. They intend for the limit to change each year to take into account officers will visit a location of the customer’s
have 12 months of company choosing to enrol the applicant’s biometric
immigration’s wider effects on society.
editorial

experience before transferring. information, which is fingerprints and

They will work to prevent illegal immigration with a Border Police Force dedicated to suppressing In order to reflect the temporary a photograph, after which it will issue a
it, and people trafficking, vigorously. nature of intra-company transfers,
They will introduce important new rules to tighten up the student visa system, which at the this category will also no longer
moment is the biggest hole in our border controls. lead to settlement in the UK.
Visa Waiver Test Results for
They will promote integration into British society, including the introduction of an English
language test for anyone coming here from outside the EU to get married. An updated points table for Tier 2 with higher salary bands. These adjustments ensure that the Eastern Caribbean
all applicants in non-shortage occupations now need to have prospective annual earnings of at
After carrying out a Visa Waiver Test for seven countries in the eastern Caribbean, the UKBA has
least £20,000. A further modification means that any intra-company transferees unable to
announced that it is considering introducing a visa requirement for visitors to the UK from Dominica
obtain additional points due to holding formal qualifications will now need prospective UK and St Lucia.
earnings of at least £32,000 to qualify.
The Visa Waiver Test determined the risk that these countries’ citizens potentially pose to the UK
The introduction of new sub-categories for intra-company transfers that enable multinational in terms of illegal immigration, crime, and security, and found a strong case for introducing visa
regimes for Dominica and St Lucia. It will make its final decision on visa regimes later this year.
companies to transfer staff to the UK to take short-term graduate placements or for short-term
skills transfers.

The key change for employers is therefore the proposed annual limit to the number of non-EU
economic migrants seeking to work here. Such quotas are common, with both the United States and
Australia having implemented similar policies. The key balancing act is to ensure that any such limit
is set neither too low nor too high. If it’s too low UK Plc is likely to suffer because you as employers
will be unable to recruit from outside the EU, even if you are unable to source suitably qualified
candidates locally. If it’s too high the government’s efforts to limit immigration will be ineffective.
Until the coalition announces its first annual limit it will be difficult to say how this may affect your
company’s ability to hire migrant staff, offer existing overseas staff the opportunity to undertake a
short-term secondment to the UK, or both. The devil will be in the detail and we will therefore have to
wait for the new government to determine its mechanism for implementing such a limit.
Watch this space!
Since the introduction of these changes it has become apparent from speaking with both employers
and migrant workers that the decision to prevent intra-company transfers from seeking settlement
in the UK has had the most impact. Whilst most assignees do not necessarily see their future in the
UK, many like to have their option to settle in this country left open. As such, some migrants are
now electing to seek entry to the UK via the Tier 1 highly skilled route rather than that of being Tier
2 intra-company transfers in order to keep their path to residency open. We advise employers to take
note of this trend.
In regard to these new restrictions, we have obtained further clarity from the UKBA
Policy Department about whether employers can offer permanent contracts for UK
employment to migrant workers seeking entry to the UK under the temporary Tier 2
intra-company transfer route. They have confirmed that they see this as acceptable. However, we
remind employers of the need to advise all those staff members seeking entry to the UK under this
temporary category of the residency constraint it places upon them and their accompanying
family members.

Remember: Smith Stone Walters staff are on hand to advise you in all
matters involving UK immigration law.
 04 summer 10 INSiGHT from Smith Stone Walters 05 summer 10 INSiGHT from Smith Stone Walters
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

Changes to the Knowledge-of-Language-and-Life focus Within each of our quarterly

newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
summer 10
Requirement for Settlement clients with a clear and concise account of the key issues.
Tel: +44 (20) 8461 6660
Fax: +44 (20) 8461 6661
Tel: +1 646 378 4406
Fax: +1 646 378 4409
We trust this section will prove to be both informative and of Email: info@ Email: usa@
On 7 April 2010, the UKBA made important changes to the ESOL provisions within the knowledge- interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com

of-language-and-life requirement for people seeking settlement in the UK.

Immigration News & Views from Smith Stone Walters
Most settlement applicants aged between 18
and 64 must show that they have sufficient Identity cards
knowledge of the English language and of life
in the UK. They can meet this requirement
either by passing the Life in the UK test or by
obtaining an approved English for speakers of
other languages (ESOL) qualification. The ESOL
Does each migrant worker now
need an identity card?


identity card. Migrants cannot
apply for an identity card unless
What changes will IN THIS ISSUE
provision is for people whose standard of they are applying to extend
the new coalition editorial:
Useful Information

English is below ESOL Entry Level 3. Depending on their immigration 01 With a coalition government
their stay in one of the now in power, what changes
category, they may need to apply
Until 6 April 2010, people could satisfy the
ESOL requirement by obtaining a relevant


for an identity card for foreign
nationals when they apply for
relevant categories.
government bring can we expect to see in UK
immigration policy?
latest news:

to immigration law?
ESOL qualification from an approved awarding permission to extend their stay in 02
body after completing a course taught using How does a member of my staff Tier 1 & Tier 2 revisions go live
the UK. apply for a card? UKBA launches £15,000 Super
specified citizenship materials. In order to 03 Premium service!
obtain their qualification now they must also: An applicant category table, They apply for an identity card Visa Waiver Test results for the
which you can download from using the same form they use Eastern Caribbean
have studied for their ESOL qualification at http://www.bia.homeoffice. for their application to extend useful information:
an accredited college, and their stay. They will also need to 04 Changes to the Knowledge-of-
gov.uk/sitecontent/
enrol their biometric information Language-and-Life requirement
be able to demonstrate that they have documents/ for settlement
managingourborders/ with the UKBA. They can do this
progressed at least one level. focus on:
categorytableforidentitycards at any of a range of biometric 05 Identity cards
Any migrants seeking to submit their lists the categories of who must enrolment centres around the UK.
settlement application must now meet these currently apply for a card if they
new requirements. want to extend their stay. This
list has included Tier 2 migrant How do migrant workers use What copies should we as
workers since January 2010. their identity cards? employers keep?
Their identity cards are proof of If you are presented with an ID
their permission to stay in the UK card as proof of someone’s right
TOUGHER PENALTIES FOR EMPLOYERS Should all existing Tier 2 and show any conditions on their to work, UKBA expects you to
migrant workers therefore stay. They also enable the retain a copy of the original card
Not knowing is no excuse now apply for an identity card? migrants to confirm their identity on file and re-sight the original
The most severe penalties, including unlimited fines and prison sentences, are for employers who No. They should wait until their and their rights and to access document at least annually to
knowingly break the rules. However, even those who unknowingly employ illegal migrants through existing visa needs renewing. public services. verify that the employee’s
less than diligent recruitment and employment practices can face penalties of up to £10,000 for When they apply to extend their permission to work continues to
If your migrant workers go abroad
each illegal worker. be valid.

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
stay in the UK the application

This publication is not meant to be used as a substitute for proper professional advice based on the facts of
during their time here, they may
form will tell them whether they need to show their identity cards
In short, every employer needs to know what the rules are and what they must do to ensure that will also need to apply for an
they are not breaking the law by employing illegal migrants. to an immigration officer at the
border when they leave the UK,

Limited accepts no liability for any action taken based on the contents of this publication.
For further advice in regard
It’s your responsibility will need to show their cards and
to biometric ID cards, please
It’s in your interest to make sure that the migrant workers you employ are eligible to work in the UK. their valid national passports or
contact your Smith Stone
Checking the documents of prospective employees before you hire them provides you with what is travel documents before they
Walters account manager.
known as a statutory excuse, which may prevent you from having to pay a civil penalty. For those start their return journeys, and
workers who have a time limit on how long they can stay in the UK, you must repeat the document again when they re-enter the UK.
checks at least once a year to retain your statutory excuse. The identity card proves that a
person is allowed to return to
Failure to do so could prove extremely costly for you and your business in terms of both money and the UK but that person cannot
possible severe damage to your reputation. use it instead of a passport or
travel document.
Speak with Smith Stone Walters today to find out how we can help you
to maintain your company’s immigration-based compliance.
 04 summer 10 INSiGHT from Smith Stone Walters 05 summer 10 INSiGHT from Smith Stone Walters
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

Changes to the Knowledge-of-Language-and-Life focus Within each of our quarterly

newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
summer 10
Requirement for Settlement clients with a clear and concise account of the key issues.
Tel: +44 (20) 8461 6660
Fax: +44 (20) 8461 6661
Tel: +1 646 378 4406
Fax: +1 646 378 4409
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On 7 April 2010, the UKBA made important changes to the ESOL provisions within the knowledge- interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com

of-language-and-life requirement for people seeking settlement in the UK.

Immigration News & Views from Smith Stone Walters
Most settlement applicants aged between 18
and 64 must show that they have sufficient Identity cards
knowledge of the English language and of life
in the UK. They can meet this requirement
either by passing the Life in the UK test or by
obtaining an approved English for speakers of
other languages (ESOL) qualification. The ESOL
Does each migrant worker now
need an identity card?


identity card. Migrants cannot
apply for an identity card unless
What changes will IN THIS ISSUE
provision is for people whose standard of they are applying to extend
the new coalition editorial:
Useful Information

English is below ESOL Entry Level 3. Depending on their immigration 01 With a coalition government
their stay in one of the now in power, what changes
category, they may need to apply
Until 6 April 2010, people could satisfy the
ESOL requirement by obtaining a relevant


for an identity card for foreign
nationals when they apply for
relevant categories.
government bring can we expect to see in UK
immigration policy?
latest news:

to immigration law?
ESOL qualification from an approved awarding permission to extend their stay in 02
body after completing a course taught using How does a member of my staff Tier 1 & Tier 2 revisions go live
the UK. apply for a card? UKBA launches £15,000 Super
specified citizenship materials. In order to 03 Premium service!
obtain their qualification now they must also: An applicant category table, They apply for an identity card Visa Waiver Test results for the
which you can download from using the same form they use Eastern Caribbean
have studied for their ESOL qualification at http://www.bia.homeoffice. for their application to extend useful information:
an accredited college, and their stay. They will also need to 04 Changes to the Knowledge-of-
gov.uk/sitecontent/
enrol their biometric information Language-and-Life requirement
be able to demonstrate that they have documents/ for settlement
managingourborders/ with the UKBA. They can do this
progressed at least one level. focus on:
categorytableforidentitycards at any of a range of biometric 05 Identity cards
Any migrants seeking to submit their lists the categories of who must enrolment centres around the UK.
settlement application must now meet these currently apply for a card if they
new requirements. want to extend their stay. This
list has included Tier 2 migrant How do migrant workers use What copies should we as
workers since January 2010. their identity cards? employers keep?
Their identity cards are proof of If you are presented with an ID
their permission to stay in the UK card as proof of someone’s right
TOUGHER PENALTIES FOR EMPLOYERS Should all existing Tier 2 and show any conditions on their to work, UKBA expects you to
migrant workers therefore stay. They also enable the retain a copy of the original card
Not knowing is no excuse now apply for an identity card? migrants to confirm their identity on file and re-sight the original
The most severe penalties, including unlimited fines and prison sentences, are for employers who No. They should wait until their and their rights and to access document at least annually to
knowingly break the rules. However, even those who unknowingly employ illegal migrants through existing visa needs renewing. public services. verify that the employee’s
less than diligent recruitment and employment practices can face penalties of up to £10,000 for When they apply to extend their permission to work continues to
If your migrant workers go abroad
each illegal worker. be valid.

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
stay in the UK the application

This publication is not meant to be used as a substitute for proper professional advice based on the facts of
during their time here, they may
form will tell them whether they need to show their identity cards
In short, every employer needs to know what the rules are and what they must do to ensure that will also need to apply for an
they are not breaking the law by employing illegal migrants. to an immigration officer at the
border when they leave the UK,

Limited accepts no liability for any action taken based on the contents of this publication.
For further advice in regard
It’s your responsibility will need to show their cards and
to biometric ID cards, please
It’s in your interest to make sure that the migrant workers you employ are eligible to work in the UK. their valid national passports or
contact your Smith Stone
Checking the documents of prospective employees before you hire them provides you with what is travel documents before they
Walters account manager.
known as a statutory excuse, which may prevent you from having to pay a civil penalty. For those start their return journeys, and
workers who have a time limit on how long they can stay in the UK, you must repeat the document again when they re-enter the UK.
checks at least once a year to retain your statutory excuse. The identity card proves that a
person is allowed to return to
Failure to do so could prove extremely costly for you and your business in terms of both money and the UK but that person cannot
possible severe damage to your reputation. use it instead of a passport or
travel document.
Speak with Smith Stone Walters today to find out how we can help you
to maintain your company’s immigration-based compliance.