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Thu, 4/12/2008

Ask the Experts

Question:

My sister wants to come to the UK on the new scheme that will be replacing the Working Holiday Visa, as she will not be able to make the deadline for applications under the current Working Holiday Visa.  Can you please tell me more about this new scheme?

Answer: 

The Youth Mobility Scheme will replace the current Working Holiday Visa scheme when it is introduced on 27 November 2008.  

Only citizens from Australia, Canada, Japan and New Zealand will be able to participate in this new scheme. (As well as citizens from British Overseas Territories).  

To qualify for the new Youth Mobility Scheme a person has to score 50 points to qualify for this scheme;

  • 30 points can be earned for a Certificate of Sponsorship. In order to obtain this, applicants will need to be a national from a participating country (Australia, Canada, Japan or New Zealand) and need to be sponsored by their national government. This will be demonstrated by having a valid national passport.
  • 10 points can be earned if the applicant is between the age of 18 and 30 years of age inclusive at the date that their entry clearances become valid.
  • 10 points can be earned if migrants can prove that they can support themselves from the point at which they enter the UK until they begin earning. A figure of £1,600 is mentioned.


Question:

I am currently living and working in the UK on a work permit. I believe the work permit system will be replaced by Tier 2 for Skilled Workers, as part of the new points based immigration system, later this year.  

I am working for a small company and my employer is reluctant to apply for a sponsorship licence under the new rules of Tier 2. How will this affect the work permit employees in the company, as well as the company, if he does not apply for the licence before the introduction of Tier 2?

Answer:

The UK Home Office unexpectedly expedited the implementation of the new Tier 2. The announcement was made on Tuesday afternoon, 28 October, that the existing Work Permit Scheme will expire on 26 November 2008 and be replaced by Tier 2 on 27 November 2008.  

An employer will not be able to employ new non-EEA citizens for work permits under the new scheme if the firm does not have a licence from the Border and Immigration Agency. He will also not be able to apply for an extension of a current work permit employee’s permit to take him/her up to the qualifying period for permanent residence, without such a licence.  

If your current employer thus want to employ any further non-EEA citizens or wish to extend any of the employees’ current work permits, he would need to apply for this licence.  

Please contact our offices for more information.

Question:

I am currently in the UK as a visitor and looking at the possibility of opening my own business. I also have a partner back home, who is willing to invest in such a new business. Does the UK have some kind of visa for persons looking to invest in a business in the UK?

Answer: 

Yes, there is indeed a Tier 1 Entrepreneur category of the Points-based system that was introduced on 30 June 2008. The category is for those persons investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the UK. You will need to return to South Africa to apply for this visa. 

In order to qualify for this permit, you must score at least 75 points for attributes. Applicants will also need to meet the English language requirement (10 points) and the separate requirement for maintenance (10 points).

In order to get the 75 points for attributes you have to prove the following;

  1. You have £200,000 of your own money available to make a fresh investment in a business in the UK. Money may be included that are made available by a third party, that is available to you or the business you are running.
  2. The money is held in one or more regulated financial institutions. This financial institution must be regulated by the home regulator, where the financial institution operates and the money is located.
  3. The money must be disposable in the United Kingdom.

After five years on this permit, you will qualify to apply for permanent residence in the UK.  

Please contact our offices for more information on the issue.

Question:  

I am an Australian citizen, currently on a student visa in the UK, doing a degree course at a British university. I have been informed by fellow students that the UK Home Office has now introduced a Post-study category for students, which will enable me to work in the UK after completion of my studies. Can you please tell me more about this scheme?

Answer:   

The UK Home Office has introduced the Tier 1 (Post-Study Work) category in order to retain the most able international graduates who have studied in the United Kingdom. This new category is part of the new points based immigration system which is currently being introduced. The category has been operational since 30 June 2008 and replaced the schemes; International Graduate Scheme and Fresh Talent: Work in Scotland Scheme.  

The Tier 1 Post-Study Work category will allow successful applicants to stay in the UK for a period of two years after completing a degree or post-graduate course in the UK. During this time they will be free to seek employment in the UK, without the need of a sponsor. It is however possible for them to switch into another part of the points based system, for highly skilled or skilled workers, as soon as they are able to.  

Time spent on this category does not count towards the qualifying period for permanent residence in the UK.  

Please contact our offices for more information.


News
UK Property  
Worst of the housing market slump may be over.  12/11/2008
more >>
UK Immigration 
Work permit scheme expiring on 26 November 2008.  29/10/2008
more >>
Working Holiday Visa     
Time is running out to apply for this popular visa.  29/10/2008
more >>
 
Breytenbachs South Africa
To contact Breytenbachs SA, please phone (+27) 12 460 9959
Ask the Expert
'I heard rumours that the two-year working holiday is going to be replaced by a new scheme and that South Africans will no longer be eligible to apply for the new scheme. Is this true?'

Read all the answers on the latest questions asked by our clients.
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What our clients have to say
Thank you very much for all your assistance in helping me obtain a six month's extension. Not only were you diligent on my behalf, but always friendly and accessible. I was also extremely impressed with the level of customer service I received from your colleagues.

Belinda Von Zweel
 

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