Immigration newsletter 03 Jun 2009

On 20 May 2009 the UK Border Agency (UKBA) put in arrangements that will benefit many HSMP visa holders. This is following the judgement of 6 April 2009 in the judicial review brought by HSMP Forum Ltd and relates to the continuous residence requirements to gain indefinite leave to remain in the UK; also known as settlement or permanent residence.

If you came under HSMP you will benefit from this judgement in the following circumstances:

If you were sent a Highly Skilled Migrant Programme (HSMP) approval letter on the basis of an application made before 3 April 2006 

and 

You obtained entry clearance or permission to stay in the United Kingdom (also called 'leave to remain' or LtR) on the basis of that letter.

The number of 457 visas issued in the period 2007 to 2008 went up by 27 percent:

2007-2008: a total of 110,570 temporary visas were granted to overseas workers and family members. In the previous year it was 87,310.
2006-2007: the number of primary visa holders was 46,680; It was 58,050 during 2007-2008.

New South Wales granted the largest number of 457 visas, with a total of 20,480 primary visa holders. Perth was second with a total of 11,800 primary visa holders.

Immigrants on the 457 visa are highly skilled professionals with shortage skills in Australia. Those most likely to come under the 457 visa are Computing professionals, registered nurses and information professionals.

The EU has had to deal with a falling birth rate and increased competition for skilled worker s from non EU Countries. The introduction of the EU "Blue Card" will make the EU more attractive for Skilled foreign workers who will be given the right to live and work in the EU under the Blue Card scheme.

"The period of validity of the EU Blue Card will be between one and four years, with the possibility of renewal. A Blue Card may also be issued or renewed for smaller periods in order to cover the work contract, plus three months," said the Council of EU in a press statement.

Further changes to the 457 visa program took place on 15 May 2009. This has resulted in the removal of some occupations from the standard sponsorship arrangements.
Occupations affected by the changes include those in the following industries:
 

• Tourism 
• Clerical 
• Agricultural 

From 14 April 2009 the Department of Immigration and Citizenship (DIAC) raised the language requirement for all subclass 457 trades and chef applicants. There had been concerns about the exploitation of workers from non-English speaking countries. 

The language requirement for the International English Language Testing System (IELTS) was raised from 4.5 to IELTS 5. This means that the requirement for subclass 457 English standard are the same as the requirements for permanent sponsored visas for trades occupations.