Immigration Alert: Delays at Immigration Control When Travelling Without a Biometric Residence Card

Where migrants have recently obtained a visa or visa extension in the UK, the new visa will be endorsed on a Biometric Residence Card (BRP). This has been the case since BRPs were introduced in early 2010. It is not advisable for migrants to undertake travel following the visa approval until they have received their BRP, which usually follows within 5 days of confirmation of the visa approval. Unfortunately, systems used by immigration officials at the ports are not immediately synchronised with those in use by the BRP team. This has led to migrants being delayed at immigration control for up to 2 hours if they travel without the BRP, so that checks can be undertaken.  

New Call for Evidence from the Migration Advisory Committee

The Migration Advisory Committee (MAC) has just issued a call for evidence on the Shortage Occupation List (SOL). It requires evidence in response to the following questions:-

1. Are there any occupations skilled to NQF 6+ which should be added to the SOL, due to the scarcity of suitably skilled resident workers?
2. Should inclusion in the SOL be a temporary measure and if so, what would be an appropriate period? Should removal after a prescribed period of time be automatic or should there be exceptions? For those occupations which have been on the list for over two years, should there be transitional measures introduced to allow for removal if appropriate to do so?
3. Should occupations in the creative sector, including artists, authors, actors, dancers and designers continue to be included in the Tier 2 graduate occupation list, even though they are not skilled to NQF 6+? If so, on what terms?
4. Should other occupations not skilled to NQF 6+ which currently appear on the SOL, remain there and if so what is the justification for this?

Please click here for a link to the current list of shortage occupations, which can be found at Annex A on page 19. We strongly recommend that employers provide evidence relating to the SOL, particularly if you currently recruit migrants for positions on the shortage list. Evidence should be provided by 30 November and Kingsley Napley would be pleased to assist with submitting your evidence. We will also be making our own submission and in the meantime if any employers would like to attend an event at the MAC where these issues will be discussed, please inform your usual Kingsley Napley contact.

For more information, please contact a member of the immigration team.