With election fever growing and the media spotlight continuing to fall on Lord Ashcroft and other political party donors, the immigration team at CMS Cameron McKenna has provided some useful clarification on UK residence.

Residence/ordinary residence

The issue of residence and/or ordinary residence in the UK has attracted fresh media attention, and recent cases through the English courts have left some individuals asking important questions about their status.

It seems this is an area of increasing intensity of inquiry or scrutiny by Her Majesty's Revenue and Customs (HMRC) in their pursuit of higher tax take. A person who is resident, but not ordinarily resident, is liable to tax on his UK earnings – and his foreign earnings are taxable only on the remittance basis. If, however, he is resident and ordinarily resident, he is liable to tax on the whole of the earnings from the employment, irrespective of how little of those earnings are earned in the UK.

Magrath LLP's Corporate Immigration department reviews the findings of a new Government-commissioned report of the Points Based System for immigration.

The Migration Advisory Committee (MAC) has published its first review of the highly-skilled migration routes (Tier 1) of the Points Based System (PBS) for managed migration.

The 184-page report is a response to the following question posed by the UK Government early in 2009:

What further changes to the criteria for Tier 1 should there be in 2010/11, given the changing economic circumstances?

The report concludes that it is in the best interests of the UK economy and labour market for the current routes under Tier 1 to be maintained. However, MAC has produced a package of recommendations on key areas of Tier 1. These are set out below.

India is a popular destination, with increasing numbers of executives and business travellers seeking or filling professional positions there every year.

There are many challenges facing expatriates, including culture of work, working conditions, compensation rates, competition, work permits and other issues. We examine below some significant changes to the Indian immigration rules in recent times that affect expatriates and those seeking work in India.

The Ministry of Home Affairs (MHA) in India recently made certain radical changes regarding Indian visa applications specifically relating to business visas, as it was evident that individuals travelling to India on business visits were working in India in direct contravention of the purpose stated on their visas.

Immigration specialists Newland Chase explain the implications of a Draft Immigration Bill published by the UK government on 12 November for pre-legislative scrutiny. The intention of the Draft Bill is to replace 11 Acts of Parliament that currently form the primary legislation relating to immigration, including the Immigration Act 1971 and subsequent Acts that have modified and expanded upon it to the present day.

The Draft Bill is the latest development in the Government’s Immigration Simplification Project, which has been ongoing since 2007. Although it may not be immediately apparent from the name of the project, the scope covered goes beyond the consolidation of existing law and policy, in particular placing new restrictions on migrants’ appeal rights and introducing fast-tracked expulsion measures.

More work needs to be undertaken on the Draft Bill before it is introduced to Parliament next year and it is likely that the Bill will not be passed before the next General Election, so whether the changes currently proposed will come to fruition remains to be determined. It is, however, possible to comment on the Draft Bill in the broader context of the Immigration Simplification Project.

Kathryn Denyer of immigration specialists Newland Chase explains the major reforms that the UK Government is currently in the process of undertaking with regards to the requirements for naturalization as a British citizen, under the terms ‘path to citizenship’ or ‘earned citizenship’.

The first set of reforms is contained in Part 2 of the Borders, Citizenship and Immigration Act, which was passed on 21 July 2009. There is also a public consultation underway which considers the prospect of introducing new points based elements into the qualifying criteria at some point prior to naturalization as a British citizen.

These reforms include significant restrictions on the activities of migrants who wish to naturalise and are also likely to have an impact on whether migrants will be prepared to undertake business travel and/or assignments abroad on behalf of their UK employer.

This article first appeared in Law-Now, CMS Cameron McKenna's free online information service, and has been reproduced with their permission.

Further to our Law-Now of 20 August 2009, the Government has today announced that it will accept all the recommendations contained in the Migration Advisory Committee (MAC) report published on 19 August 2009. We are advised that the recommendations will be implemented from January 2010 onwards. Please see our Law-Now of 20 August 2009 for a summary of the recommended changes.

Kathryn Denyer of immigration specialist Newland Chase explains the recommendations of the Migration Advisory Committee's (MAC) report regarding Tier 2 and their dependants.

In February this year the Home Secretary requested the Migration Advisory Committee (MAC) to comment on whether there is an economic case for restricting Tier 2 of the Points Based System (PBS) to Shortage Occupations only, and also to assess the economic contribution of the dependants of PBS migrants.

The MAC’s report, released on 19 August 2009, contains some key recommendations of interest to UK employers who use Tier 2.

This article first appeared in Law-Now, CMS Cameron McKenna's free online information service, and has been reproduced with their permission.

The UKBA has published new Tier 2 guidance designed to provide a more practical and workable system for employers issuing Certificates of Sponsorship under Tier 2.

These changes follow months of lobbying the Government and working with Home Office contacts to refine the Points Based System (PBS) to better meet business needs. This is a positive sign that the UKBA is listening to employer concerns and we will continue to feed in to the UKBA over the coming months.

New arrangements for visitors wishing to come to the UK were introduced on 27 November 2008, following a consultation and review of the category in 2007–2008. Asma Bashir, of immigration specialist Newland Chase, provides guidance.

The business visitor provision relating to client secondees is one of the most controversial of the reformed visitor arrangements. To date, this provision has created confusion and inconvenience for UK businesses, visa applicants and the UK Border Agency itself, with new issues emerging as time goes on. The uses and limitations of this subcategory are discussed below.

Over the past year, there have been numerous notable changes in the immigration laws of the Russian Federation that may assist employers in securing work visas for foreign employees. Asma Bashir, of specialist immigration firm Newland Chase, examines the issues.

Taking Moscow as an example, until July 2008 employers had to go through a lengthy process involving the acquisition of separate approvals from the Moscow Department of Federal Employment Service, the Federal Migration Service (FMS) and the Territorial Employment Service. However, new procedures implemented in July 2008 have streamlined the application process.

Under the current procedure, the local labour department must undertake a search for a qualified Russian to fill the position. If an able and qualified Russian cannot be found, the employer may proceed to apply for an official work visa invitation letter at the FMS. Once the letter is obtained, the foreign employee may apply for an appropriate work visa at a consulate.