Borders, Citizenship and Immigration Act gets Royal Assent
How will the Care Sector, which depends on overseas workers, and work permit holders be affected by the new Law?
This week the Borders, Citizenship and Immigration Act 2009 received the Royal Assent, which means the Borders, Citizenship and Immigration ‘Bill’ has now officially become an Act of Parliament and is now enshrined in UK Law.
When a Bill has completed all its parliamentary stages, it needs Royal Assent from the Queen before it can become law. Bills that receive Royal Assent become Acts of Parliament.
The rules are part of the biggest curbs on migration in six decades and will make it harder for working migrants to settle in the UK.
The care sector, which includes hospitals, care homes and domiciliary care agencies employs a large number of non-EU care workers and nurses on work permits.
Many of these migrant workers, employed on work permits, are expecting to obtain permanent residency or ‘Indefinite Leave to Remain’ (ILR) when their current permits expire – having worked for five years.
Under the new Act they may find that this is no longer possible.
Employers could find themselves having to once again extend work permits, which will mean paying further fees and registering as sponsors under Tier 2, if they want to keep their overseas staff such as Senior Carers and Nurses.
Thousands of work permit holders have already had to extend work permits and leave to remain in the last three years when the Home Office moved the then ILR limit from four to five years.
Now the Government is bringing in further changes, which it openly admits will cut down the numbers of migrant workers settling in the UK.
Whether or not you agree with immigration, there can be no argument about the need for overseas workers in the long term care sector.
What should you do if you are in the UK on a Work Permit?
Evelie Padadac of Immigration Advisers Bison UK advises migrant workers to “apply for Indefinite Leave to Remain as soon as you are eligible and make sure your current permit takes you beyond five years of continuous work”.
The new law does not mean work permit holders can no longer obtain ILR, but it will take longer to obtain.
What should you do if you are in the UK under other categories such as ILR?
Apply for Citizenship as soon as you are eligible, unless of course you have no desire to be a British Citizen.
If you do not agree with the above changes, you should write to your MP and ask him or her to write to Phil Woolas to request a longer transitional period.
MORE IMMIGRATION NEWS THIS WEEK:
The House of Commons Home Affairs Committee has published it’s report on ‘Bogus Colleges’ heavily criticising the Government for doing enough to control rogue educational institutions. MPs on the committee claim that tens of thousands of foreign nationals “may” have been brought into the UK illegally by fake colleges. Full story…
The Borders, Citizenship and Immigration Act, which received the Royal Assent on 21 July 2009, gives thousands of customs and immigration officers wide ranging new powers, the UK Border Agency has announced. Full story…
A new Swine Flu advice and resource service has been launched today in England by the National Pandemic Flu Service. Full story…
The 2009 MOVE (Migration Overseas opportunities, Visas and Employment) Expo gives Filipinos a unique opportunity to visit exhibitors from the USA, Canada, Australia, New Zealand and the UK – all in one place. Charles Kelly of Immigration Matters will be speaking at the event at the SMX Convention Center, Mall of Asia, Manila from 31 July to 1 August 2009.
If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email: