04 autumn 09 INSiGHT from Smith Stone Walters
UK: USA:
RELOCATING TO THE UK:
CAN OUR DOMESTIC WORKER ACCOMPANY US?
When an overseas family is weighing up the possibility of relocating to the UK, one of the first
questions they may have is whether there is a scope for their existing domestic worker to travel
with them.
From the UK Border Agency’s perspective, you are deemed to be a domestic worker if you are
providing a personal service linked to the running of your employer’s household. Examples
include chauffeurs, gardeners, cooks and nannies. Where it can be evidenced that an employee-
employer relationship has been on-going, the UKBA will consider an application to allow the
domestic worker to enter the United Kingdom.
To qualify, the rules state the domestic worker must:
USEFUL INFORMATION
Be aged over 18.
Have been working as a domestic worker
in the same house as their employer for
at least one year immediately before
their application, or have been working
in a household that their employer uses
regularly for themselves for at least one
year immediately before their application,
and therefore be able to show that there
is a connection between themselves and
their employer.
Intend to travel to the UK with their
employer, their employer’s husband,
When filing this type of visa application, it is therefore essential that the correct supporting
evidence (such as payslips and the existing employment contract) is gathered to confirm the
domestic’s on-going employment history. Once approved, the domestic worker is usually granted
initial permission to reside in the UK for up to 12 months. This permission can be extended for as
long as their employer continues to reside in the UK.
For further advice on gaining entry to the UK, please contact Smith Stone Walters.
INSIGHT_autumn_09_final.indd 1
05
wife, civil partner, eligible partner or their
employer’s child who is under 18.
Intend to work full-time as a domestic
worker in the same house as their
employer, or in a household that the
employer uses regularly for himself
or herself.
Not intend to work in the UK except as a
domestic worker.
Be able to support themselves (as
confirmed by their employer) without
needing help from public funds.
autumn 09 INSiGHT from Smith Stone Walters
FOCUS Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
clients with a clear and concise account of the key issues.
We trust this section will prove to be both informative and of
interest to you. Our focus for this quarter falls upon...
New Tier 2 guidance
The UK Border Agency recently
published the new Tier 2 guidance,
designed to provide a more practical
and workable system for employers
issuing Certificates of Sponsorship
under Tier 2.
The following are the main
changes to the Tier 2 guidance:
1. Changes to the Resident Labour
Market Test for senior employees
Employers are no longer required
to advertise the role in the
JobCentrePlus, where:
The prospective earnings for the
role in question amounts to
£130,000 or above AND the
nature of the role falls under the
SOC code 1112 (Directors and
Chief Executives) and SOC code
2411 (Legal Partners); or
There may be stock-exchange
disclosure issues.
Your Smith Stone Walters Consultant
shall be able to advise you as to
whether a particular post falls within
this concession.
2. Tier 2 (General) migrants will
no longer be required to be on a
UK payroll
In line with Tier 2 intra-company
transferee arrangements, it is no
longer essential for the UK employer
to pay migrant workers who are
sponsored under Tier 2 (General) from
within the UK. This development will
allow international organisations
to reintroduce bespoke payroll
arrangements suitable to meet their
own purposes (rather than one which is
‘governed’ by the UK Border Agency).
3. Milkrounds
For those organisations (such as
law firms) who recruit individuals a
number of years in advance and then
will sponsor their studies until the
individual begins work, provisions
were formalised to accommodate this
valid recruitment method.
It has therefore been agreed to:
Remove the JobCentrePlus
requirement completely and
replace this with advertising on a
graduate recruitment website and
one other medium; and
Allow a four year period for
milkrounds to be considered
towards the Tier 2 Resident
Labour Market Test requirements.
4. Change of role
The guidance now states that under
the Sponsor’s reporting duties,
Smith Stone Walters Ltd Smith Stone Walters
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
autumn 09
INSiGHT
Tel: +44 (20) 8461 6660 Tel: +1 646 378 4407
Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Email: info@ Email: usa@
smithstonewalters.com smithstonewalters.com
Immigration News & Views from Smith Stone Walters
when a migrant’s core duties and/
or responsibilities change, or when
Balancing the needs IN THIS ISSUE
of British workers EDITORIAL:
their position in the hierarchy of the 01 Tier 2 – balancing the needs
sponsoring organisation changes (for of British workers against the
example, due to a promotion), this is
treated as a change of employment.
In the case of a Tier 2 (General) migrant,
against the interests 02
interests of the UK economy
LATEST NEWS:
The new Borders, Citizenship
the appropriate action will include the
employer advertising the role to the
resident labour force, and the migrant
of the UK economy and Immigration Act, 2009
Planned increase in the issue
of migrant ID cards
applying for fresh leave to remain Work permits: new fee
03 for technical changes of
before beginning work in the new role. employment notifications
5. Allowances New agreement with France
on border controls
The UK Border Agency now recognises No amnesty for illegal migrants
that short-term assignees may have USEFUL INFORMATION:
higher accommodation costs. Hence, 04 Relocating to the UK: can our
the UKBA will now take in to account domestic worker accompany us?
an accommodation allowance up to a FOCUS ON:
proportion of 40% of the gross salary, 05 New Tier 2 guidance
where a migrant:
a) is applying from outside the
United Kingdom; and
b) has a certificate of sponsorship
that is for 12 months or less
Your Smith Stone Walters Consultant
shall be able to provide you with
specific advice as to whether the
proposed package offered to your
a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
UK bound assignees meets the Tier 2
minimum salary requirements.
Limited accepts no liability for any action taken based on the contents of this publication.
Smith Stone Walters routinely
supports all clients in ensuring
they satisfy the strict and ever-
changing requirements of the
scheme. For all UK employers
seeking to employ migrant staff
it is more important than ever to
ensure they are able to adhere to
the regulations.
For further advice on how Smith
Stone Walters can provide specific
support in this area, contact a
member of our team today.
02/09/2009 13:36
 01 autumn 09 INSiGHT from Smith Stone Walters 02 autumn 09 INSiGHT from Smith Stone Walters 03 autumn 09 INSiGHT from Smith Stone Walters

TIER 2 - BALANCING THE NEEDS OF BRITISH WORKERS THE NEW BORDERS, CITIZENSHIP WORK PERMITS: NEW FEE FOR TECHNICAL CHANGES
AGAINST THE INTERESTS OF THE UK ECONOMY AND IMMIGRATION ACT, 2009 OF EMPLOYMENT NOTIFICATIONS
The Migration Advisory Committee (MAC) provides independent, evidence-based advice on A Borders, Citizenship and Immigration Bill, which will introduce certain changes to British A new UKBA fee of £20 has now been introduced for the acceptance of technical change of
migration to the Government. Their recently published report into the workings of Tier 2 of the nationality law, received Royal Assent recently. The Spring edition of Insight (focus section), showed employment notifications for work permit holders:
Points Based System (PBS) has highlighted the fact that immigration plays an important role in how these new “Earned Citizenship “ provisions will amend the existing path to British citizenship
supporting the UK economy, but it also recommends the introduction of more demanding standards requirements for naturalisation. These changes will be formally introduced in the Summer of 2011. Minor changes Significant changes
from skilled migrant workers before allowing them to work in the UK. Where a minor change to work permit Where there are more significant changes
Although the finer details of these proposed changes are yet to be published, a few key points holder’s personal details or the employing to a migrant worker’s job, location or terms
Chair of the MAC, Professor David Metcalf said: have been verified: entity takes place, the new notification of and conditions, the UKBA will insist on a new
“In our first analysis of the PBS, the committee thinks that Tier 2 is working technical change of employment form should application under the points-based system
The introduction of a three stage path Border and Immigration Minister, Phil Woolas, be completed. The type of acceptable change to be filed for full consideration. For further
well, but our advice to the Government is that the labour market could be to citizenship, including a new has said of these changes: in these circumstances would include changes advice on what responsibilities your company
helped by requiring higher standards. We believe that selective immigration probationary period. such as of name (on marriage) or a change of has when employing migrant workers, please
“The Government
that favours skilled workers, as the PBS does, is vital to ensure that the Migrants who commit offences resulting in has already made
business address. contact Smith Stone Walters.
UK continues to be a good place to do business or invest. However, it is prison will be excluded from citizenship. fundamental reforms
important that British workers are not displaced. We have therefore made a to the immigration
Migrants who commit minor offences will system to control
number of recommendations which will help to avoid undercutting and any have their probationary period extended. migration in a way

LATEST NEWS

LATEST NEWS
disincentives to raise the skills of UK workers.” that is firm, and
Migrants will contribute to a new fund
EDITORIAL

has a positive impact on our workforce and

Proposed changes to Tier 2
As anticipated, the MAC agreed to the
commonly held consensus that Tier 2 should
not be restricted to shortage occupations only,
and that both the Resident Labour Market
Test route and the intra-company transfer
route should be retained. Instead, they made
key recommendations to tighten the existing
regime. These include:
1. Prospective earnings for migrant workers
should be increased from a minimum £17,000
to £20,000.
2. The required duration of vacancy
advertising for the Resident Labour Market Test
route should be increased from two weeks to
four weeks for all jobs.
3. The intra-company transfer route should no
longer lead to permanent residence, and the
qualifying period with the company overseas
should be increased from six to twelve months.
While the MAC is recommending the continued
opportunity for UK employers to engage
migrant staff via the Tier 2 route, their
recommendations, if implemented, would
cause consternation to many organisations.
In particular, if the qualifying period for the
ICT route is increased from 6 to 12 months,
a number of existing international staff
rotational policies may need to be revised
(unless a separate scheme is created to enable
recent recruits of international organisations
the opportunity to be seconded to the UK
on a temporary basis). It is now over to the
Government to consider which of the MAC
recommendations they choose to implement.
Watch this space!
for “managing the transitional impacts of
economy. To complement this, we have made
migration” and “providing extra financial
help to communities experiencing change
it clear people must earn their right to stay in
the UK permanently by working hard, obeying
from migration”.
the law and speaking English. Being British
Migrants who engage in community is a privilege – these proposals break the link
volunteer work will be able to graduate between coming to work here temporarily and
to British citizenship more quickly. being given the right to citizenship.”
Two year transitional arrangements beyond 2011
The UK Border Agency (UKBA) is expected to announce transitional provisions that allow anyone
who holds Indefinite Leave to Remain (ILR) at the time that the new citizenship provisions come into NEW AGREEMENT NO AMNESTY FOR
force (estimated to be July 2011) to be allowed to apply for British Citizenship under the old regime
for up to two years. However, since these transitional provisions can be changed without notice, we WITH FRANCE ON ILLEGAL MIGRANTS
advise clients wishing to gain British citizenship to apply at the earliest possible opportunity.
BORDER CONTROLS The UK Border Agency has recently
responded to a new report published
The United Kingdom government is to invest by the London School of Economics,
a further £15 million to strengthen its border
which claims that an amnesty for illegal
controls in France, under a declaration signed migrants would benefit the United
with the French government.
Kingdom economy by £3 billion.
The additional funding will be used to pilot A UK Border
extra security controls and technology at Agency spokes-
Calais, which will be rolled out to other person said:
French ports if successful. In return, the “The policy
French government will increase the number on an amnesty for illegal immigrants
of flights used to return illegal migrants home
PLANNED INCREASE IN THE ISSUE OF MIGRANT ID CARDS from northern France.
remains unchanged and is very clear –
there will be no amnesty, those here
Following the recent opening of the UKBA’s recorded at biometric enrolment centres, before illegally should go home. We have a
new hi-tech centre in Birmingham for issuing being issued with identity cards. The new proud tradition of offering sanctuary
identity cards to foreign nationals, the identity cards contain security features that to those who truly need our help, but
government is expected to announce an supposedly make them very difficult to forge. to grant an amnesty would create a
increase in the issue of compulsory identity significant pull factor to the UK and
cards to foreign nationals. The UK Border Agency is planning to step up would undermine the asylum system
the phasing in of this scheme and, within as a whole.”
Some existing categories of foreign national three years, expect to be issuing more than
who want to stay in the United Kingdom must one million identity cards for foreign nationals “The policy on an amnesty for
now have their facial images and fingerprints per year. illegal immigrants remains
unchanged and is very clear –
there will be no amnesty”

INSIGHT_autumn_09_final.indd 2 02/09/2009 13:36

 01 autumn 09 INSiGHT from Smith Stone Walters 02 autumn 09 INSiGHT from Smith Stone Walters 03 autumn 09 INSiGHT from Smith Stone Walters

TIER 2 - BALANCING THE NEEDS OF BRITISH WORKERS THE NEW BORDERS, CITIZENSHIP WORK PERMITS: NEW FEE FOR TECHNICAL CHANGES
AGAINST THE INTERESTS OF THE UK ECONOMY AND IMMIGRATION ACT, 2009 OF EMPLOYMENT NOTIFICATIONS
The Migration Advisory Committee (MAC) provides independent, evidence-based advice on A Borders, Citizenship and Immigration Bill, which will introduce certain changes to British A new UKBA fee of £20 has now been introduced for the acceptance of technical change of
migration to the Government. Their recently published report into the workings of Tier 2 of the nationality law, received Royal Assent recently. The Spring edition of Insight (focus section), showed employment notifications for work permit holders:
Points Based System (PBS) has highlighted the fact that immigration plays an important role in how these new “Earned Citizenship “ provisions will amend the existing path to British citizenship
supporting the UK economy, but it also recommends the introduction of more demanding standards requirements for naturalisation. These changes will be formally introduced in the Summer of 2011. Minor changes Significant changes
from skilled migrant workers before allowing them to work in the UK. Where a minor change to work permit Where there are more significant changes
Although the finer details of these proposed changes are yet to be published, a few key points holder’s personal details or the employing to a migrant worker’s job, location or terms
Chair of the MAC, Professor David Metcalf said: have been verified: entity takes place, the new notification of and conditions, the UKBA will insist on a new
“In our first analysis of the PBS, the committee thinks that Tier 2 is working technical change of employment form should application under the points-based system
The introduction of a three stage path Border and Immigration Minister, Phil Woolas, be completed. The type of acceptable change to be filed for full consideration. For further
well, but our advice to the Government is that the labour market could be to citizenship, including a new has said of these changes: in these circumstances would include changes advice on what responsibilities your company
helped by requiring higher standards. We believe that selective immigration probationary period. such as of name (on marriage) or a change of has when employing migrant workers, please
“The Government
that favours skilled workers, as the PBS does, is vital to ensure that the Migrants who commit offences resulting in has already made
business address. contact Smith Stone Walters.
UK continues to be a good place to do business or invest. However, it is prison will be excluded from citizenship. fundamental reforms
important that British workers are not displaced. We have therefore made a to the immigration
Migrants who commit minor offences will system to control
number of recommendations which will help to avoid undercutting and any have their probationary period extended. migration in a way

LATEST NEWS

LATEST NEWS
disincentives to raise the skills of UK workers.” that is firm, and
Migrants will contribute to a new fund
EDITORIAL

has a positive impact on our workforce and

Proposed changes to Tier 2
As anticipated, the MAC agreed to the
commonly held consensus that Tier 2 should
not be restricted to shortage occupations only,
and that both the Resident Labour Market
Test route and the intra-company transfer
route should be retained. Instead, they made
key recommendations to tighten the existing
regime. These include:
1. Prospective earnings for migrant workers
should be increased from a minimum £17,000
to £20,000.
2. The required duration of vacancy
advertising for the Resident Labour Market Test
route should be increased from two weeks to
four weeks for all jobs.
3. The intra-company transfer route should no
longer lead to permanent residence, and the
qualifying period with the company overseas
should be increased from six to twelve months.
While the MAC is recommending the continued
opportunity for UK employers to engage
migrant staff via the Tier 2 route, their
recommendations, if implemented, would
cause consternation to many organisations.
In particular, if the qualifying period for the
ICT route is increased from 6 to 12 months,
a number of existing international staff
rotational policies may need to be revised
(unless a separate scheme is created to enable
recent recruits of international organisations
the opportunity to be seconded to the UK
on a temporary basis). It is now over to the
Government to consider which of the MAC
recommendations they choose to implement.
Watch this space!
for “managing the transitional impacts of
economy. To complement this, we have made
migration” and “providing extra financial
help to communities experiencing change
it clear people must earn their right to stay in
the UK permanently by working hard, obeying
from migration”.
the law and speaking English. Being British
Migrants who engage in community is a privilege – these proposals break the link
volunteer work will be able to graduate between coming to work here temporarily and
to British citizenship more quickly. being given the right to citizenship.”
Two year transitional arrangements beyond 2011
The UK Border Agency (UKBA) is expected to announce transitional provisions that allow anyone
who holds Indefinite Leave to Remain (ILR) at the time that the new citizenship provisions come into NEW AGREEMENT NO AMNESTY FOR
force (estimated to be July 2011) to be allowed to apply for British Citizenship under the old regime
for up to two years. However, since these transitional provisions can be changed without notice, we WITH FRANCE ON ILLEGAL MIGRANTS
advise clients wishing to gain British citizenship to apply at the earliest possible opportunity.
BORDER CONTROLS The UK Border Agency has recently
responded to a new report published
The United Kingdom government is to invest by the London School of Economics,
a further £15 million to strengthen its border
which claims that an amnesty for illegal
controls in France, under a declaration signed migrants would benefit the United
with the French government.
Kingdom economy by £3 billion.
The additional funding will be used to pilot A UK Border
extra security controls and technology at Agency spokes-
Calais, which will be rolled out to other person said:
French ports if successful. In return, the “The policy
French government will increase the number on an amnesty for illegal immigrants
of flights used to return illegal migrants home
PLANNED INCREASE IN THE ISSUE OF MIGRANT ID CARDS from northern France.
remains unchanged and is very clear –
there will be no amnesty, those here
Following the recent opening of the UKBA’s recorded at biometric enrolment centres, before illegally should go home. We have a
new hi-tech centre in Birmingham for issuing being issued with identity cards. The new proud tradition of offering sanctuary
identity cards to foreign nationals, the identity cards contain security features that to those who truly need our help, but
government is expected to announce an supposedly make them very difficult to forge. to grant an amnesty would create a
increase in the issue of compulsory identity significant pull factor to the UK and
cards to foreign nationals. The UK Border Agency is planning to step up would undermine the asylum system
the phasing in of this scheme and, within as a whole.”
Some existing categories of foreign national three years, expect to be issuing more than
who want to stay in the United Kingdom must one million identity cards for foreign nationals “The policy on an amnesty for
now have their facial images and fingerprints per year. illegal immigrants remains
unchanged and is very clear –
there will be no amnesty”

INSIGHT_autumn_09_final.indd 2 02/09/2009 13:36

 01 autumn 09 INSiGHT from Smith Stone Walters 02 autumn 09 INSiGHT from Smith Stone Walters 03 autumn 09 INSiGHT from Smith Stone Walters

TIER 2 - BALANCING THE NEEDS OF BRITISH WORKERS THE NEW BORDERS, CITIZENSHIP WORK PERMITS: NEW FEE FOR TECHNICAL CHANGES
AGAINST THE INTERESTS OF THE UK ECONOMY AND IMMIGRATION ACT, 2009 OF EMPLOYMENT NOTIFICATIONS
The Migration Advisory Committee (MAC) provides independent, evidence-based advice on A Borders, Citizenship and Immigration Bill, which will introduce certain changes to British A new UKBA fee of £20 has now been introduced for the acceptance of technical change of
migration to the Government. Their recently published report into the workings of Tier 2 of the nationality law, received Royal Assent recently. The Spring edition of Insight (focus section), showed employment notifications for work permit holders:
Points Based System (PBS) has highlighted the fact that immigration plays an important role in how these new “Earned Citizenship “ provisions will amend the existing path to British citizenship
supporting the UK economy, but it also recommends the introduction of more demanding standards requirements for naturalisation. These changes will be formally introduced in the Summer of 2011. Minor changes Significant changes
from skilled migrant workers before allowing them to work in the UK. Where a minor change to work permit Where there are more significant changes
Although the finer details of these proposed changes are yet to be published, a few key points holder’s personal details or the employing to a migrant worker’s job, location or terms
Chair of the MAC, Professor David Metcalf said: have been verified: entity takes place, the new notification of and conditions, the UKBA will insist on a new
“In our first analysis of the PBS, the committee thinks that Tier 2 is working technical change of employment form should application under the points-based system
The introduction of a three stage path Border and Immigration Minister, Phil Woolas, be completed. The type of acceptable change to be filed for full consideration. For further
well, but our advice to the Government is that the labour market could be to citizenship, including a new has said of these changes: in these circumstances would include changes advice on what responsibilities your company
helped by requiring higher standards. We believe that selective immigration probationary period. such as of name (on marriage) or a change of has when employing migrant workers, please
“The Government
that favours skilled workers, as the PBS does, is vital to ensure that the Migrants who commit offences resulting in has already made
business address. contact Smith Stone Walters.
UK continues to be a good place to do business or invest. However, it is prison will be excluded from citizenship. fundamental reforms
important that British workers are not displaced. We have therefore made a to the immigration
Migrants who commit minor offences will system to control
number of recommendations which will help to avoid undercutting and any have their probationary period extended. migration in a way

LATEST NEWS

LATEST NEWS
disincentives to raise the skills of UK workers.” that is firm, and
Migrants will contribute to a new fund
EDITORIAL

has a positive impact on our workforce and

Proposed changes to Tier 2
As anticipated, the MAC agreed to the
commonly held consensus that Tier 2 should
not be restricted to shortage occupations only,
and that both the Resident Labour Market
Test route and the intra-company transfer
route should be retained. Instead, they made
key recommendations to tighten the existing
regime. These include:
1. Prospective earnings for migrant workers
should be increased from a minimum £17,000
to £20,000.
2. The required duration of vacancy
advertising for the Resident Labour Market Test
route should be increased from two weeks to
four weeks for all jobs.
3. The intra-company transfer route should no
longer lead to permanent residence, and the
qualifying period with the company overseas
should be increased from six to twelve months.
While the MAC is recommending the continued
opportunity for UK employers to engage
migrant staff via the Tier 2 route, their
recommendations, if implemented, would
cause consternation to many organisations.
In particular, if the qualifying period for the
ICT route is increased from 6 to 12 months,
a number of existing international staff
rotational policies may need to be revised
(unless a separate scheme is created to enable
recent recruits of international organisations
the opportunity to be seconded to the UK
on a temporary basis). It is now over to the
Government to consider which of the MAC
recommendations they choose to implement.
Watch this space!
for “managing the transitional impacts of
economy. To complement this, we have made
migration” and “providing extra financial
help to communities experiencing change
it clear people must earn their right to stay in
the UK permanently by working hard, obeying
from migration”.
the law and speaking English. Being British
Migrants who engage in community is a privilege – these proposals break the link
volunteer work will be able to graduate between coming to work here temporarily and
to British citizenship more quickly. being given the right to citizenship.”
Two year transitional arrangements beyond 2011
The UK Border Agency (UKBA) is expected to announce transitional provisions that allow anyone
who holds Indefinite Leave to Remain (ILR) at the time that the new citizenship provisions come into NEW AGREEMENT NO AMNESTY FOR
force (estimated to be July 2011) to be allowed to apply for British Citizenship under the old regime
for up to two years. However, since these transitional provisions can be changed without notice, we WITH FRANCE ON ILLEGAL MIGRANTS
advise clients wishing to gain British citizenship to apply at the earliest possible opportunity.
BORDER CONTROLS The UK Border Agency has recently
responded to a new report published
The United Kingdom government is to invest by the London School of Economics,
a further £15 million to strengthen its border
which claims that an amnesty for illegal
controls in France, under a declaration signed migrants would benefit the United
with the French government.
Kingdom economy by £3 billion.
The additional funding will be used to pilot A UK Border
extra security controls and technology at Agency spokes-
Calais, which will be rolled out to other person said:
French ports if successful. In return, the “The policy
French government will increase the number on an amnesty for illegal immigrants
of flights used to return illegal migrants home
PLANNED INCREASE IN THE ISSUE OF MIGRANT ID CARDS from northern France.
remains unchanged and is very clear –
there will be no amnesty, those here
Following the recent opening of the UKBA’s recorded at biometric enrolment centres, before illegally should go home. We have a
new hi-tech centre in Birmingham for issuing being issued with identity cards. The new proud tradition of offering sanctuary
identity cards to foreign nationals, the identity cards contain security features that to those who truly need our help, but
government is expected to announce an supposedly make them very difficult to forge. to grant an amnesty would create a
increase in the issue of compulsory identity significant pull factor to the UK and
cards to foreign nationals. The UK Border Agency is planning to step up would undermine the asylum system
the phasing in of this scheme and, within as a whole.”
Some existing categories of foreign national three years, expect to be issuing more than
who want to stay in the United Kingdom must one million identity cards for foreign nationals “The policy on an amnesty for
now have their facial images and fingerprints per year. illegal immigrants remains
unchanged and is very clear –
there will be no amnesty”

INSIGHT_autumn_09_final.indd 2 02/09/2009 13:36

 04 autumn 09 INSiGHT from Smith Stone Walters
RELOCATING TO THE UK:
CAN OUR DOMESTIC WORKER ACCOMPANY US?
When an overseas family is weighing up the possibility of relocating to the UK, one of the first
questions they may have is whether there is a scope for their existing domestic worker to travel
with them.
From the UK Border Agency’s perspective, you are deemed to be a domestic worker if you are
providing a personal service linked to the running of your employer’s household. Examples
include chauffeurs, gardeners, cooks and nannies. Where it can be evidenced that an employee-
employer relationship has been on-going, the UKBA will consider an application to allow the
domestic worker to enter the United Kingdom.
To qualify, the rules state the domestic worker must:
USEFUL INFORMATION
Be aged over 18.
Have been working as a domestic worker
in the same house as their employer for
at least one year immediately before
their application, or have been working
in a household that their employer uses
regularly for themselves for at least one
year immediately before their application,
and therefore be able to show that there
is a connection between themselves and
their employer.
Intend to travel to the UK with their
employer, their employer’s husband,
When filing this type of visa application, it is therefore essential that the correct supporting
evidence (such as payslips and the existing employment contract) is gathered to confirm the
domestic’s on-going employment history. Once approved, the domestic worker is usually granted
initial permission to reside in the UK for up to 12 months. This permission can be extended for as
long as their employer continues to reside in the UK.
For further advice on gaining entry to the UK, please contact Smith Stone Walters.
INSIGHT_autumn_09_final.indd 1
wife, civil partner, eligible partner or their
employer’s child who is under 18.
Intend to work full-time as a domestic
worker in the same house as their
employer, or in a household that the
employer uses regularly for himself
or herself.
Not intend to work in the UK except as a
domestic worker.
Be able to support themselves (as
confirmed by their employer) without
needing help from public funds.
05 autumn 09 INSiGHT from Smith Stone Walters
FOCUS Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
clients with a clear and concise account of the key issues.
We trust this section will prove to be both informative and of
interest to you. Our focus for this quarter falls upon...
New Tier 2 guidance
The UK Border Agency recently
published the new Tier 2 guidance,
designed to provide a more practical
and workable system for employers
issuing Certificates of Sponsorship
under Tier 2.
The following are the main
changes to the Tier 2 guidance:
1. Changes to the Resident Labour
Market Test for senior employees
Employers are no longer required
to advertise the role in the
JobCentrePlus, where:
The prospective earnings for the
role in question amounts to
£130,000 or above AND the
nature of the role falls under the
SOC code 1112 (Directors and
Chief Executives) and SOC code
2411 (Legal Partners); or
There may be stock-exchange
disclosure issues.
Your Smith Stone Walters Consultant
shall be able to advise you as to
whether a particular post falls within
this concession.
2. Tier 2 (General) migrants will
no longer be required to be on a
UK payroll
In line with Tier 2 intra-company
transferee arrangements, it is no
longer essential for the UK employer
to pay migrant workers who are
sponsored under Tier 2 (General) from
within the UK. This development will
allow international organisations
to reintroduce bespoke payroll
arrangements suitable to meet their
own purposes (rather than one which is
‘governed’ by the UK Border Agency).
3. Milkrounds
For those organisations (such as
law firms) who recruit individuals a
number of years in advance and then
will sponsor their studies until the
individual begins work, provisions
were formalised to accommodate this
valid recruitment method.
It has therefore been agreed to:
Remove the JobCentrePlus
requirement completely and
replace this with advertising on a
graduate recruitment website and
one other medium; and
Allow a four year period for
milkrounds to be considered
towards the Tier 2 Resident
Labour Market Test requirements.
4. Change of role
The guidance now states that under
the Sponsor’s reporting duties,
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
autumn 09
INSiGHT
Tel: +44 (20) 8461 6660 Tel: +1 646 378 4407
Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Email: info@ Email: usa@
smithstonewalters.com smithstonewalters.com
Immigration News & Views from Smith Stone Walters
when a migrant’s core duties and/
or responsibilities change, or when
Balancing the needs IN THIS ISSUE
of British workers EDITORIAL:
their position in the hierarchy of the 01 Tier 2 – balancing the needs
sponsoring organisation changes (for of British workers against the
example, due to a promotion), this is
treated as a change of employment.
In the case of a Tier 2 (General) migrant,
against the interests 02
interests of the UK economy
LATEST NEWS:
The new Borders, Citizenship
the appropriate action will include the
employer advertising the role to the
resident labour force, and the migrant
of the UK economy and Immigration Act, 2009
Planned increase in the issue
of migrant ID cards
applying for fresh leave to remain Work permits: new fee
03 for technical changes of
before beginning work in the new role. employment notifications
5. Allowances New agreement with France
on border controls
The UK Border Agency now recognises No amnesty for illegal migrants
that short-term assignees may have USEFUL INFORMATION:
higher accommodation costs. Hence, 04 Relocating to the UK: can our
the UKBA will now take in to account domestic worker accompany us?
an accommodation allowance up to a FOCUS ON:
proportion of 40% of the gross salary, 05 New Tier 2 guidance
where a migrant:
a) is applying from outside the
United Kingdom; and
b) has a certificate of sponsorship
that is for 12 months or less
Your Smith Stone Walters Consultant
shall be able to provide you with
specific advice as to whether the
proposed package offered to your
a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
UK bound assignees meets the Tier 2
minimum salary requirements.
Limited accepts no liability for any action taken based on the contents of this publication.
Smith Stone Walters routinely
supports all clients in ensuring
they satisfy the strict and ever-
changing requirements of the
scheme. For all UK employers
seeking to employ migrant staff
it is more important than ever to
ensure they are able to adhere to
the regulations.
For further advice on how Smith
Stone Walters can provide specific
support in this area, contact a
member of our team today.
02/09/2009 13:36
 04 autumn 09 INSiGHT from Smith Stone Walters
RELOCATING TO THE UK:
CAN OUR DOMESTIC WORKER ACCOMPANY US?
When an overseas family is weighing up the possibility of relocating to the UK, one of the first
questions they may have is whether there is a scope for their existing domestic worker to travel
with them.
From the UK Border Agency’s perspective, you are deemed to be a domestic worker if you are
providing a personal service linked to the running of your employer’s household. Examples
include chauffeurs, gardeners, cooks and nannies. Where it can be evidenced that an employee-
employer relationship has been on-going, the UKBA will consider an application to allow the
domestic worker to enter the United Kingdom.
To qualify, the rules state the domestic worker must:
USEFUL INFORMATION
Be aged over 18.
Have been working as a domestic worker
in the same house as their employer for
at least one year immediately before
their application, or have been working
in a household that their employer uses
regularly for themselves for at least one
year immediately before their application,
and therefore be able to show that there
is a connection between themselves and
their employer.
Intend to travel to the UK with their
employer, their employer’s husband,
When filing this type of visa application, it is therefore essential that the correct supporting
evidence (such as payslips and the existing employment contract) is gathered to confirm the
domestic’s on-going employment history. Once approved, the domestic worker is usually granted
initial permission to reside in the UK for up to 12 months. This permission can be extended for as
long as their employer continues to reside in the UK.
For further advice on gaining entry to the UK, please contact Smith Stone Walters.
INSIGHT_autumn_09_final.indd 1
wife, civil partner, eligible partner or their
employer’s child who is under 18.
Intend to work full-time as a domestic
worker in the same house as their
employer, or in a household that the
employer uses regularly for himself
or herself.
Not intend to work in the UK except as a
domestic worker.
Be able to support themselves (as
confirmed by their employer) without
needing help from public funds.
05 autumn 09 INSiGHT from Smith Stone Walters
FOCUS Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
clients with a clear and concise account of the key issues.
We trust this section will prove to be both informative and of
interest to you. Our focus for this quarter falls upon...
New Tier 2 guidance
The UK Border Agency recently
published the new Tier 2 guidance,
designed to provide a more practical
and workable system for employers
issuing Certificates of Sponsorship
under Tier 2.
The following are the main
changes to the Tier 2 guidance:
1. Changes to the Resident Labour
Market Test for senior employees
Employers are no longer required
to advertise the role in the
JobCentrePlus, where:
The prospective earnings for the
role in question amounts to
£130,000 or above AND the
nature of the role falls under the
SOC code 1112 (Directors and
Chief Executives) and SOC code
2411 (Legal Partners); or
There may be stock-exchange
disclosure issues.
Your Smith Stone Walters Consultant
shall be able to advise you as to
whether a particular post falls within
this concession.
2. Tier 2 (General) migrants will
no longer be required to be on a
UK payroll
In line with Tier 2 intra-company
transferee arrangements, it is no
longer essential for the UK employer
to pay migrant workers who are
sponsored under Tier 2 (General) from
within the UK. This development will
allow international organisations
to reintroduce bespoke payroll
arrangements suitable to meet their
own purposes (rather than one which is
‘governed’ by the UK Border Agency).
3. Milkrounds
For those organisations (such as
law firms) who recruit individuals a
number of years in advance and then
will sponsor their studies until the
individual begins work, provisions
were formalised to accommodate this
valid recruitment method.
It has therefore been agreed to:
Remove the JobCentrePlus
requirement completely and
replace this with advertising on a
graduate recruitment website and
one other medium; and
Allow a four year period for
milkrounds to be considered
towards the Tier 2 Resident
Labour Market Test requirements.
4. Change of role
The guidance now states that under
the Sponsor’s reporting duties,
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
111 John Street
Suite 800
New York, NY, 10038
autumn 09
INSiGHT
Tel: +44 (20) 8461 6660 Tel: +1 646 378 4407
Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Email: info@ Email: usa@
smithstonewalters.com smithstonewalters.com
Immigration News & Views from Smith Stone Walters
when a migrant’s core duties and/
or responsibilities change, or when
Balancing the needs IN THIS ISSUE
of British workers EDITORIAL:
their position in the hierarchy of the 01 Tier 2 – balancing the needs
sponsoring organisation changes (for of British workers against the
example, due to a promotion), this is
treated as a change of employment.
In the case of a Tier 2 (General) migrant,
against the interests 02
interests of the UK economy
LATEST NEWS:
The new Borders, Citizenship
the appropriate action will include the
employer advertising the role to the
resident labour force, and the migrant
of the UK economy and Immigration Act, 2009
Planned increase in the issue
of migrant ID cards
applying for fresh leave to remain Work permits: new fee
03 for technical changes of
before beginning work in the new role. employment notifications
5. Allowances New agreement with France
on border controls
The UK Border Agency now recognises No amnesty for illegal migrants
that short-term assignees may have USEFUL INFORMATION:
higher accommodation costs. Hence, 04 Relocating to the UK: can our
the UKBA will now take in to account domestic worker accompany us?
an accommodation allowance up to a FOCUS ON:
proportion of 40% of the gross salary, 05 New Tier 2 guidance
where a migrant:
a) is applying from outside the
United Kingdom; and
b) has a certificate of sponsorship
that is for 12 months or less
Your Smith Stone Walters Consultant
shall be able to provide you with
specific advice as to whether the
proposed package offered to your
a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
UK bound assignees meets the Tier 2
minimum salary requirements.
Limited accepts no liability for any action taken based on the contents of this publication.
Smith Stone Walters routinely
supports all clients in ensuring
they satisfy the strict and ever-
changing requirements of the
scheme. For all UK employers
seeking to employ migrant staff
it is more important than ever to
ensure they are able to adhere to
the regulations.
For further advice on how Smith
Stone Walters can provide specific
support in this area, contact a
member of our team today.
02/09/2009 13:36