Aston Brooke Solicitors lays down a user friendly guide to Overseas Workers and in particular Overseas Senior Carers applying under Tier 2 of the New Points Based System. Although all skilled migrants now need to apply under Tier 2.

Aston Brooke Solicitors has received a large volume of enquiries by Overseas Workers who are finding it very difficult to apply for further leave to remain and a certificate of sponsorship under Tier 2 of the New Points Based System. The major problem has always been a clear understanding of the Tier 2 application process. Aston Brooke is at the forefront in representing the Care Sector in its need for clear and transparent immigration advice.

Aston Brooke Solicitors has set out below the procedure in a simple 2 stage process:

1. Apply for a Certificate of Sponsorship

Many Overseas Workers believe that they can make the application for the Certificate of Sponsorship which is incorrect. Existing employers who are now referred to as “Sponsors” can only issue a Certificate of Sponsorship. The process involves Sponsors logging on to the UK Border Agency’s Sponsorship Management System and applying for the Certificate. The Certificate is a document detailing the applicant who is now referred to as “Migrants” personal details, job title, description, salary and work address. The Certificate has a 3 month validity and the Tier 2 application must be made within that specified period.

2. Application under Tier 2

The second stage of the application process involves completion of the Tier 2 form. The form is not straight forward and needs to be carefully completed in order to ensure that no errors or omissions are made. It is very important that Overseas Workers instruct legal representation at this stage. All dependants including spouses and children under the age of 18 need to complete an additional form. This is the PBS dependant form. There is now a fee for each dependant. Any dependants over the age of 18 will need to complete the same form and pay the full fee.

All Overseas Workers including senior carers must remember that transitional measures were introduced for this position by the UK Border Agency which was carried over into the New Points Based System.

It is important to remember that it is only when employers are faced with overseas staff leaving their current posts and high agency costs that they realise they need to apply for a Sponsor License or face serious staff shortages. However, by this time it may be too late. The main problem for care providers in this situation is that many of their overseas staff visas and work permits are due to expire and no extensions can be granted until a Sponsor License has been granted which can take up to 3 months.

Therefore Overseas Workers need to be aware and vigilant to ensure that their employers have already applied for the Sponsor License. If not, then they need to take urgent steps to apply.

If you are affected by the changes brought under the New Points Based System, an Employer concerned about your legal obligations or require assistance in applying for your Sponsor Licence or any other immigration enquiry contact Aston Brooke Solicitors

Aston Brooke Services:

• Placement of OFWs with Licensed Sponsors/Employers for FREE
• Tier 1, 2, and 5 applications
• Certificate of Sponsorships
• Sponsor License Applications for Care Providers
• All Appeals
• Student Placements

FREE IMMIGRATION SURGERIES EVERYDAY AT 2PM

This would provide an opportunity for both overseas workers and employers to speak to a team of lawyers specialising in Immigration Law and the New Points Based System.

Filipino Senior Carers facing problems with the UK Border Agency when applying for settlement resulting in further Judicial Reviews

Aston Brooke Solicitors

9 March 2009

After overcoming the major problems experienced by overseas Filipino senior carers when attempting to renew their work permits in 2007/2008 by the introduction of transitional measures they are now facing refusals of applications for indefinite leave to remain in the UK.

Aston Brooke Solicitors has learnt that there are hundreds of overseas senior carers reporting that the UK Border Agency has refused their applications for settlement directing them to “make up the time” that has been lost during the 2007/2008 struggle for extensions or transfers of work permits. Aston Brooke Solicitors are representing a large volume of overseas carers in this position. It is unreasonable for the UK Border Agency to refuse applications for settlement on the basis that there is a “gap” in the continuous stay for the overseas workers.

 Aston Brooke Solicitors believe and argue that the break in the leave to remain and the work permit for overseas senior carers was as a result of the policy change by the UK Border Agency in August 2007. This change resulted in outright refusals of all senior carer work permits which were then resolved by continued efforts of the Care Sector and the judicial review initiated by Aston Brooke Solicitors.

Transitional measures were introduced by the UK Border Agency in January 2008 and work permits were once again granted for overseas senior carers. However, the sector is now facing a new problem of senior carers being refused settlement for the overseas staff. Aston Brooke Solicitors has initiated a campaign to identify other Filipino overseas senior carers facing the same problem.

Aston Brooke Solicitors is initiating a group judicial review against the Secretary of State on this exact principle. The premise of the legal action is to highlight the unfairness and unreasonableness of the decision of the UK Border Agency to refuse settlement applications. The UK Border Agency introduced the transitional measures for senior carers with the intent that they would be allowed to continue to stay and work in the UK and apply for settlement.

A major part of the transitional measures was to allow those senior carers who arrived in 2003 to be granted an extension of 12 months thus allowing them to apply for settlement. However, in practice this has not happened and the only option available would be via a legal challenge to bring this issue to the forefront.

If you are senor carer affected by the issues highlighted above or have been refused settlement after completing five years in the UK on a work permit please Aston Brooke Solicitors.

If you are affected by the changes brought under the New Points Based System, an Employer concerned about your legal obligations or require assistance in applying for your Sponsor Licence or any other immigration enquiry contact Aston Brooke Solicitors

Attention Overseas Filipino Workers: Aston Brooke Solicitors lays down the Law for 2009 and what it really spells for YOU

16 January 2009

For all our Overseas Filipino Workers (OFWs) it has been a very tough 2008 with all the changes introduced by the UK Border Agency from 2007 taking effect. There was the real uncertainty of whether you would actually be able to continue to stay in the UK, retain your jobs or face the reality that you may actually be returned home.

Policy Change in August 2007:

As you are all aware many senior carers left the UK due to the onerous and irrational policy released by the UK Border Agency in 2007. However, it was not all doom and gloom as the introduction of the transitional measures meant that senior carer work permits were once again being issued. This was a result of the Judicial Review spearheaded by Aston Brooke in conjunction with pressure from the sector.

Tier 2 of the New Points Based System:

At the time the OFWs were recovering from the dramatc changes that were brought in 2007 the UK Government rolled out Tier 2 of the New Point Based System. Therefore, the year 2009 has brought its own problems for migrants. Many OFWs will be aware that the New Points Based System was introduced on the 27th November 2008 replacing the old “work permit” scheme. This left hundreds of OFWs wondering how the most radical change in Immigration in 45 years was going to affect them?

Concerns for OFWs:

The most serious concern was whether OFWs work permits and visas which were due to expire would ever be renewed? The UK Border Agency had learned important lessons from the uproar that resulted after the implementation of the policy change on the 13th August 2007. This lead to the introduction of further transitional measures for senior carer work permit holders. These measures would enable the work permits to be extended under Tier 2.

However, a further concern was that OFWs now had to either rely on their employers applying for a Sponsor Licence without which no extension could be granted or they switch employers before the introduction of Tier 2. A huge dilemma taking into account the short time scales. This resulted in a massive turnover of OFWs panicking and transferring their work permits and therefore saving themselves from possible removal from the UK. However, this left hundreds still employed under the work permit scheme unable to get an extension and with employers with no clue how to apply for a Sponsor Licence.

The UK Border Agency has this week announced that there has been “successful delivery of the tough new Australian-style points system”. Moreover, the UK Border Agency’s evidence for this was that 4,875 businesses have registered as Sponsors. However, the fact that only 4.875 business have been granted a Sponsor Licence proves that many businesses are either not aware of their obligations under the New Points Based System or many employers are failing to hit the pre-requisite standard set by the UK Border Agency. Aston Brooke has undertaken independent research which shows the most common problem in the sector is that care providers are failing to realise that in order to recruit new overseas staff or extend the leave for their current staff on work permits you require a Sponsor Licence.

How does this affect YOU:

If you are a OFWs who wants to change employers because you’re existing employer cannot or does not wish to apply for a Sponsor Licence what should you do?

Aston Brooke are in a privileged position that they are acting for large corporate groups, small and medium sized providers as well as single providers applying for Sponsor Licences. This means that there a large sets of employers who will be able to offer a certificate of sponsorship to transfer your work permit. Once your certificate of sponsorship is granted it will ensure:

• Job Security

• Avenue to obtain Indefinite Leave to Remain in the UK

• No disruption to Family Life in the UK

If you have been caught up in the 2007 work permit fiasco and in the following position, please contact Mr Majeed or Mr Purewal at Aston Brooke Solicitors:

 • You have a work permit but no visa

• You do not have a work permit or visa

• You have been refused a work permit extension/transfer

 • You have been refused a visa

The UK Border Agency has made their position clear this week in relation to employers who breach the rules: “for any employer who breaks the rules and employs foreign nationals who have no right to work in the United Kingdom, the outcome is clear. Huge fines are already being handed out by the UK Border Agency. This year's much tougher enforcement campaign has already issued over 1,000 fines worth around £10 million.” The UK Border Agency and Aston Brooke are committed to supporting industry through the introduction of the rules to ensure legitimate businesses do not fall foul of the new regime.

If you are affected by the changes brought under the New Points Based System, an employer concerned about your legal obligations or require assistance in applying for your Sponsor Licence or any other immigration enquiry contact Aston Brooke Solicitors

JUDGEMENT DAY 27TH NOVEMBER 2008: ALL SENIOR CARERS NEED TO TAKE ACTION NOW!!

Aston Brooke has been advising senior carers on how to ensure that they are able to continue to live and work in the UK despite the UKBA implementing stricter immigration controls. Mr Phil Woolas MP joins the Home Office as Minister of State for the UK Border Agency (UKBA) following the Cabinet reshuffle. He replaces Liam Byrne, who has moved on to a role at another department. Mr Woolas MP has recently announced that the UK Border Agency will be tightening their reigns over migration to the UK. This will ultimately translate to reducing the number of skilled workers recruited outside of the EU.

ON THE 27TH NOVEMBER 2008 THINGS WILL CHANGE ONCE AGAIN!

Tier 2 of the new points based system goes live on the 27th November 2008 which means that any work permit applications will no longer be considered under the work permit arrangements which will become obsolete. Under the new points based system a certificate of sponsorship will need o be applied for by a sponsor licence. This will mean that if your employer has not applied for a Sponsor Licence then they cannot apply for you to extend your work permit.

What does this mean for senior carers?

Aston Brooke is committed to assist senior carers in the current climate. There are several steps that senior carers can take in order to protect themselves as a result of the changes under Tier 2:

Do you need to transfer employers?

If you are on a current work permit and believe that your current employer cannot afford to pay the going rate of £7.02 then you need to try to find a new employer. Aston Brooke has a large database of employers willing to pay the going rate of £7.02. CALL US

Has your employer obtained their sponsor licence?

If you are concerned that your current employer will not be able to obtain their sponsor licence by the 27th November 2008 then you need to seriously consider transferring to a new employer. The Sponsor Licence process can take up to 12 weeks which means that even if your employer starts the process today the licence will not be granted in time. If you are in this position CALL US

When does your work permit expire? Is your work permit is due to expire within the next 3 months?

If so, then you need to apply for the extension before the 27th November 2008. Do not leave until later as there may be a risk that your work permits may not be extended.

CALL US DON’T DELAY: CALLING ALL SENIOR CARERS TO CONTACT US NOW!!!

Aston Brooke has set out to assist senior carers who are concerned of what next steps to take in order to secure their livelihoods in the UK. Aston Brooke Solicitors are running free advisory clinics for senior carers who can discuss their situations with a qualified solicitor. No need for appointments. Please call for a FREE CONSULTATION

“GOVERNMENT AGREES THAT MIGRATION TO THE UK BENFITS THE ECONOMY… SO WHY DENY FRESH WORK PERMITS FOR SENIOR CARERS” 

10 July 2008 

The House of Lords Committee’s report on the economic impacts of migration last week confirmed that immigration has made a positive contribution to the UK. The Government and independent research continues to find no significant evidence of negative employment effects from migration. The report continues:

“immigration has contributed to the success of the UK economy by helping to meet labour and skills shortages in the public and private sectors. Migration leads to an improved match between vacancies and available labour, and British workers may learn new skills from working alongside migrant workers.”

The evidence suggests that migrants on average make a stronger net fiscal contribution than those born in the UK. The Government agreed that radical reform was needed but strongly argued the new points system was far more effective than a cap because it covered more than twice as many people.

Border and Immigration Minister Liam Byrne said:

"The simple truth is that if we want migration to benefit Britain we have to be very selective. That's why our points system will cover twice as many people as a cap. The bottom line is that our points system is wider in reach and faster to change than any other alternative. It has worked well in Australia for years and it will work well here. "With powerful controls in place, migration can make Britain richer and that's what we're blunt about with the House of Lords today. The evidence is actually pretty clear. On average migrants are more likely to be in work, earn more and are therefore likely to be paying more tax, and are a lighter burden on public finances than those born in the UK. Our job now is to make sure migration does even more to profit Britain, economically and culturally. That is why when the points system started we set a zero cap on low skilled migration from outside Europe and made sure newcomers master English."

However, if migration works for the UK, it begs the question why should senior carers, who contribute significantly to the sector and industry, be excluded. Mr Byrne has to take into account the massive contribution and lessons overseas senior carers bring to the UK. If the aim is for the British workers to learn new skills from their overseas counterparts then the senior carers should be right at the top.

Aston Brooke have been insisting on the disclosure of the new transitional measures proposed by the UK Border Agency in order to ascertain whether they will indeed prove beneficial for the care sector and ultimately maintain continuity of care for the residents come November 2008.

Aston Brooke proposes that the transitional measures should form an extension of the existing transitional measures allowing senior carers to switch employers or stay with their existing employer where the skills criteria has been waived. The hourly rate of £7.02 is still a bone of contention and one that does not seem to be going away. Aston Brooke in conjunction with their client ECCA and other healthcare providers has insisted that there should be an alternative rate of pay which encompasses each region and not a bold figure across the UK as a whole. Data is still be collected by ECCA and NCA with independent reports commissioned by the Department of Health to present to the UK Border Agency.

Mr Martin Green, Chief Executive of ECCA highlighted the importance of change within the industry especially in relation to the judicial review and overseas senior carers. He stated:

“We have approached a critical time in the sector where the new points based system is just around the corner. Aston Brooke has taken the issue to the highest platform and to ensure change we all need to support the cause. We need to stand together. The UK Border Agency has recently released reports that migration benefits the UK economy making it more difficult to understand the underpinning reasons for their policy in relation to overseas senior carers.”

All employers who are concerned about how and when applications for transfers or extensions for their overseas senior carers should be submitted to the UK Border Agency need to contact Aston Brooke. If you are an employer who cannot afford to pay the rate of £7.02 but still wish to retain your overseas staff you need to contact Aston Brooke.

 If you are affected by the changes to be brought under the New Points Based System in September 2008 or an employer concerned about your legal obligations or any other immigration enquiry relating to work permits contact Aston Brooke Solicitors

EXCLUSIVE: “PROFILE RAISED ON THE ISSUE OF SENIOR CARER WORK PERMITS”

31 May 2008

Aston Brooke Solicitors have taken an unprecedented step in their fight against the UK Border Agency. The firm has begun to raise awareness of the plight of employers and employees on Sky TV and proposed plans to produce a documentary on the controversial steps taken by the UK Border Agency which resulted in the judicial review being lodged last year. The aim is to keep the issue of senior carer work permits in the public domain.

‘Access Law’ is aired on Prime TV and the channel describes the show as a complete interactive legal programme covering all aspects of UK immigration law. The show has been launched to educate the viewers by providing an in depth and user-friendly guide to the ever changing law and policy implemented by the Government in relation to immigration law. The issue of overseas senior carers was of ‘great concern and a subject matter which had to be covered’ described the director of the show.

I am the co-producer and present the show and we all want to know if overseas senior carer work permits will be granted by the UK Border Agency. The uncertainty of the effects of the implementation of the New Points Based System in September 2008 has resulted in chaos within the healthcare sector.

Access Law invited Mr Paul Bates, HR Group Director for the European Care Group the sixth largest care provider in the UK to raise the ever increasing concerns for large corporate groups. This included discussions on the judicial review, the implementation of the New Points Based System in 2008 and its impact on large and smaller providers. Finally, the future for overseas senior carers and the possibility of them being placed on the shortage occupation list Mr Bates raised valid points on the programme and commented:

“It is imperative that the issue of senior carers is kept high on the agenda of the healthcare sector and a cause supported by every provider whether large or small. The effects of the changes that the UK Border Agency has introduced have far reaching implications and we all need to make a stand. I believe that we should take the opportunity to raise our concerns by whatever medium necessary and Access Law and Aston Brooke Solicitors are taking steps in the right direction”.

Aston Brooke Solicitors have also approached Channel 4 to produce a documentary to highlight the concerns of the health care industry. The programme will specifically concentrate on the effects of the policy change by the UK Border Agency on the employers and employees alike. The pillars of the Health Care Sector including ECCA, NCA, RNHA, UNISON and Skills for Care will be approached in the production of the programme.

Mr Martin Green, Chief Executive of ECCA who Aston Brooke is representing in the judicial review commented that:

“Mr Majeed of Aston Brooke Solicitors has shown that he does not plan to let the fight on behalf of the sector die. He has shown extreme dedication and perseverance which has been supported by the industry. I believe his recent plans to take the issue of senior carers to the medium of TV will produce positive results. The pressure needs to be maintained. ECCA wholeheartedly supports the firm and everyone representing the concerns of the sector should contact Mr Majeed to register your interest.”

Access Law covering the issue of senior carers will be aired on Sky Channel 792 on Wednesday 4th June 2008 at 22.00 and Thursday 5th June at 15.30.

National Care Homes Week 2 – 6 June 2008

Aston Brooke Solicitors will be attending the National Care Homes Week presented by Caring Business between the 2nd and 6th June 2008. Mr Ivan Lewis pledging his support, said:

‘National Care Homes Week is a fantastic idea for bringing attention to today’s care home. This week will highlight the amount of time, care and consideration, which goes into not only the people who occupy the homes, but also the facilities used by each establishment.’

For further information please contact http://www.caringbusiness.co.uk/conf

 If you are affected by the changes to be brought under the New Points Based System in September 2008 or an employer concerned about your legal obligations or any other immigration enquiry relating to work permits contact Aston Brooke Solicitors FREE IMMIGRATION SURGERIES EVERYDAY AT 2PM This would provide an opportunity for both overseas workers and employers to speak to a team of lawyers specialising in Immigration Law and Work Permits.

“SENIOR CARER WORK PERMITS: A MYTH OR REALITY” 

17th May 2008 

Aston Brooke Solicitors have been approached by an unprecedented level of care providers and individual senior carers all wanting to know if overseas senior carer work permits will be granted by the UK Border Agency. The uncertainty of the effects of the implementation of the New Points Based System in September 2008 has resulted in chaos within the healthcare sector.

Care providers have been faced with their overseas senior carers staff worried that their work permits which are due to expire after September 2008 may never be renewed. This has led to many renewing their work permits before their expiry and in some cases up to 12 months before the expiry of the work permit. The future for overseas senior carers still hangs in the balance.

Aston Brooke Solicitors who spearheaded the judicial review to force the Secretary of State to implement change has continued to fight the corner for the healthcare sector. Mr Martin Green, Chief Executive of ECCA who Aston Brooke is representing in the judicial review commented that:

“The issue of the senior carers has by no means been resolved. Mr Majeed of Aston Brooke Solicitors had to fight to ensure that there was change. It is the aim of ECCA to represent the concerns of the sector and keep up the momentum. It is imperative that during the consultation period agreed between the Secretary of State and Aston Brooke all care providers support ECCA and the judicial review by contacting Mr Majeed to register your interest.”

The legal challenge has been supported by larger corporate groups and one such group is European Care Group. Mr Paul Bates, HR Director has stated:

“I felt that as a larger group we needed to stand together for the benefit of the sector as a whole. We have all been affected by the drastic u-turn taken by the UK Border Agency in revising their policies relating to all our overseas senior carer.

“UK BORDER AGENCY SETS UP INTELLIGENCE UNITS TO MONITOR CARE PROVIDERS”