Corporate immigration specialist Magrath LLP has provided the following useful update on compulsory English-language tests for migrants.

The UK Border Agency (UKBA) has announced that plans to introduce compulsory English-language tests for all non-European migrants applying to come to the UK to join or marry their settled partner will be implemented on 29 November 2010.

From this date, any foreign national who wishes to enter or remain in the UK as the partner of a British Citizen or a settled person (i.e. a foreign national residing in the UK with indefinite leave to remain) will need to show that they can speak, and understand, English.

A House of Commons Early Day Motion calling for changes to the criteria for allocating international student visas has won the approval of English-language assessment provider Cambridge ESOL.

Regulations introduced earlier this year stipulated that students from outside the EU who want to study in the UK for more than six months must have an intermediate level of English before they come here. The motion, proposed by the MPs for Eastbourne, Cambridge, Ceredigion and St Ives, describes the arrangements introduced by the previous Government in March as "rushed and flawed", and says that they threaten an important sector of the UK economy, as well as damaging the country’s standing as a world leader in education.

Russia is introducing new immigration regulations easing entry and work-permit procedures for those designated 'highly-qualified professionals', which it hopes will increase its popularity as a relocation destination for international organisations and talent.

Under the new rules, anyone expected to earn over 2m rubles ($67,000/£46,000/€54,000) per year will automatically be allocated a new three-year work permit. With the work permits will come residency permits for the worker and his or her family, which may make long-term, and even permanent, moves more attractive

‘Highly-qualified professionals’ will pay 13% in income tax, compared with the current 30%. 

Audrey Goltsblat, MD and partner at Russian international law firm Goltsblat BLP, commented, “What is interesting in this amendment is the introduction of the notion of high-quality specialists, as, up until now, no distinction had ever been made between foreign migrants. This is a clear step towards the modernisation of Russia’s economy, as it will attract to our firms top-quality workers, who, in turn, will benefit from generous packages and higher prospects. There is a clear shortage of high-quality mid- to high-level executives, and Russia’s blue-chip firms really do stand to benefit from these new arrangements.

“This will also anchor Moscow as a leading European financial centre after London and Paris.”

Following the Government's announcement of a review of the criteria for language tests used to regulate applications for student visas, Cambridge ESOL, the UK's largest provider of English-language tests, is calling on the Home Office to ensure that only tried-and-tested systems with high levels of security and quality control are recognised for this purpose, and warns that changes announced by the Home Secretary may not reduce the number of bogus students applying for courses in the UK.

Cambridge ESOL's CEO, Dr Michael Milanovic, says, "We recognise the need for a well-regulated student visa system, but there is little evidence to suggest that the people who are abusing the system are predominantly those with a very low level of English-language skills. I am concerned that changes could prove unfair to a large number of genuine students, particularly those who are at an early stage in their language learning."

The measure is part of a package designed to reduce the number of people inappropriately obtaining UK student visas. Home Secretary Alan Johnson said that prospective students coming to the UK for courses of six months or more under the Points Based System will have to demonstrate that their level of English is at least equivalent to Level B1 of the Common European Framework of Reference.

The announcement follows discussion between language-teaching specialists and the UK Border Agency. Cambridge ESOL hosted a major conference on the subject in Westminster last month.

Cambridge ESOL, a department of the University of Cambridge, has worked with governments, businesses and universities throughout the world to develop and implement practical language assessment solutions. Its exams are taken by more than three million people every year.

The following update has been received from corporate immigration specialist Magrath LLP.

The Indian government has issued guidance on further changes to obtaining Indian employment visas and the renewal of existing employment visas.

Employment visas

The Indian government recently issued guidance limiting the number of foreign workforce at an Indian entity to:

1. Maximum of 20 foreign workers; or
2. Maximum of 1% of the workforce

In an attempt to enforce the new guidelines, the Indian High Commission in the UK now requires the following additional documents in support of an application for an Indian employment visa:

1. Supplementary form detailing the applicant's academic and professional qualifications, employment history, and skills and experience
2. Written confirmation from the Indian host company regarding the number of employees and the number of foreign workers

The new requirements are causing delays to processing of employment visa applications. Applications are now taking up to ten working days to be processed. Before the latest change was implemented, the majority of employment visa applications were processed within four working days.

Extensions to employment visas

The Indian government has also amended its policy on the renewal of Indian employment visas. On previous occasions, foreign workers were permitted to return to their country of origin and obtain a new employment visa in place of an extension to their current employment visa.

The Indian government now requires all extensions to employment visas to be submitted at the Foreigner's Regional Registration Office in India.

Future changes

It is likely that we will see further changes to Indian immigration processes and procedures. It is of paramount importance that the correct visa is obtained before the individual travels to India.

For further information, visit www.magrath.co.uk