04 spring 10 INSiGHT from Smith Stone Walters 05 spring 10 INSiGHT from Smith Stone Walters

UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

ARE YOU EMPLOYING FOREIGN STUDENTS LAWFULLY? FOCUS Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
Tel: +44 (20) 8461 6660
111 John Street
Suite 800
New York, NY, 10038
Tel: +1 646 378 4406
spring 10
Employers who engage overseas students within their workforce should take note of the stricter clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Tier 4 (student based) criteria that Home Secretary Alan Johnson has recently announced. We trust this section will prove to be both informative and of Email: info@ Email: usa@
interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
In response to concerns that many overseas nationals were using the Tier 4 visa route specifically
to facilitate their entry into the UK for employment purposes, the new regulations stipulate that
students studying below the foundation degree level have a limited ability to work in the UK and Immigration News & Views from Smith Stone Walters
that their dependants cannot work here at all. Business visitors
From 3 March 2010 Tier 4 students:

are only able to work 10 hours during

term time rather than the current 20
hours if studying below a foundation
must demonstrate a good standard of
English, such as B2 on the European
Common Framework of Reference, which
People who are employed abroad but want to visit the UK for short periods to undertake business-related activities may
be eligible to do so as business visitors. Some business visitors, however, may need to qualify under the employment rules
Immigration law – IN THIS ISSUE
Not worth burying EDITORIAL:
USEFUL INFORMATION

degree or degree level course,
may still have their dependents accompany
them to the UK, but such dependents
are unable to work if studying below a
foundation degree or degree level course,
are no longer able to bring in dependents
at all if studying a course for less than six
months, and
These changes have no impact on Tier 4 students studying for foundation degrees or degree-level
or post-graduate courses. They continue to be able to work for 20 hours per week during term
time and full time during term holidays.
measures qualification, or the equivalent
of holding just below a GCSE in a foreign
language in order to enrol in an English
language course or any other course
below degree level.
when they engage in certain activities or the student rules when they intend to receive training. We therefore strongly 01 Imminent change to intra-
recommend that such people seek advice if they are unsure of their ability to qualify as business visitors. company transfers (ICT) –
People wishing to visit the UK as
business visitors should:
your head over 02
Employers take note
LATEST NEWS:
Quarterly updates to the codes
of practice for sponsored
be based abroad and not intend skilled workers
to transfer their base to the UK, Charging for immigration and
nationality services, 2010-2011
even temporarily, Tier 2 in-country
processing delays
receive their salary from abroad,
although it is acceptable for them Suspension of Youth Mobility
03 Scheme route for Japanese
to receive reasonable travel and nationals for 2010
subsistence expenses whilst in Tier 1 (highly skilled migrants) –
the UK, Changes around the corner?

not be involved in selling goods USEFUL INFORMATION:

What this means to employers
Unfortunately, these changes mean that
employers have to be even more vigilant when
determining whether a foreign student can
work within their organisation and for how
many hours per week. Along with the normal
right-to-work checks that human resources
staff need to make on every prospective
employee, they should seek confirmation of
foreign students’ course levels and durations
when they are uncertain about the scope of a
their existing work authorisation.
or services directly to members of
the public,
not be replacing someone in the
UK, including for periods of
temporary leave, and
not be coming to the UK do work
placements or internships.
What types of people can be
treated as business visitors?
Secondees from overseas
companies who have a contract
Furthermore, the regulations also
consider those intending to carry
out any of the following permissible
activities to be business visitors:
Attending meetings or
conferences.
Undertaking fact-finding missions,
such as journalists on short
04 Are you employing foreign
students lawfully?
FOCUS ON:
05 Business visitors
How long can I stay as a
business visitor?
As with general visitors, business
visitors’ maximum permitted stay is
six months. However, lengthy periods
spent in the UK as a business visitor
may cause an immigration or visa
officer to doubt the intentions of

To make matters more confusing for employers,
these rules will apply to Tier 4 student visas
granted on or after 3 March 2010 and therefore
have no effect on existing students with valid
with a UK company, provided they
are being paid by the overseas
company; some secondees will
assignments to cover particular
stories.
Monteurs, or representatives of
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
those involved.
What supporting
documentation will I need

conditions granted before that date. need to qualify under the points-
based system’s Tier 2 or Tier 5.
Advisers, consultants, trainers,
or trouble-shooters employed
abroad by the same company to
which the client firm in the UK
Remember: Smith Stone Walters staff are on hand to advise you in all
belongs, provided this does not
matters surrounding UK immigration law. amount to employment paid or
unpaid by the UK branch.
Persons undertaking specific,
one-off training provided by their
own company or a branch of it in
the UK in techniques and work
practices used in the UK, provided
this is not on-the-job training.
foreign companies coming to
erect, dismantle, install, service,
repair, or advise on the
development of foreign-made
machinery.
Board-level directors attending
board meetings in the UK,
provided that they are not
employed by a UK company,
although they may receive a fee
for attending such meetings.
Limited accepts no liability for any action taken based on the contents of this publication.
to apply?
We recommend that those seeking
entry under the business-visitor
provisions be able to supply evidence
of their existing overseas employment
along with an invitation from the UK
organisation they are intending to
visit. They should also make available
evidence of their means to cover the
cost of the trip, such as flights and
accommodation.
For further advice in regard to the
business-visitor provisions, please
contact your Smith Stone Walters
account manager.

INSIGHT_spring_10_v4.indd 1 16/03/2010 16:45

 01 spring 10 INSiGHT from Smith Stone Walters 02 spring 10 INSiGHT from Smith Stone Walters 03 spring 10 INSiGHT from Smith Stone Walters

IMMINENT CHANGE TO INTRA-COMPANY TRANSFERS (ICT) – QUARTERLY UPDATES TO THE CODES OF PRACTICE SUSPENSION OF YOUTH MOBILITY SCHEME ROUTE FOR
EMPLOYERS TAKE NOTE FOR SPONSORED SKILLED WORKERS JAPANESE NATIONALS FOR 2010
In response to a recent claim by the Association of Professional Staffing Companies that the points- The UKBA has announced that it will be updating its codes of practice for sponsored skilled workers Entry to the UK under the points-based Japanese nationals for the period ending
based system’s Tier 2 (ICT) category is providing a loophole that allows Indian IT companies to bring on a quarterly basis. The next update is scheduled for publication on 1 July 2010. system’s Youth Mobility Scheme is based on 31 December 2010 and the UK will accept
foreign workers into the UK the government has issued a statement detailing a major change to a quota system for participating countries, no new applications for this year, effective
existing ICT provisions. What this means to employers rotating annually. Currently the countries immediately. Japanese applicants may next
UK-based employers that want to sponsor migrant workers from outside Europe participating in the scheme are Australia, apply from 1 January 2011.
ICTs permit employers to fill vacancies in their UK operations with some of their existing foreign-based Canada, Japan, and New Zealand.
under Tier 2 or Tier 5 of the points-based system must use the codes of practice to:
staff. Some have claimed that this enables migrants who receive lower pay than resident workers to Australian, Canadian, and New Zealand
take IT jobs and jobs in other sectors as well. However, since the introduction of the new points-based check the skill level and appropriate pay for each job, and The UKBA has recently announced that nationals may continue to apply throughout
system workers coming to the UK in the Tier 2 (ICT) category must be paid the going rate. it has now reached the issuing limit for 2010 until further notice.
find out where the job must be advertised in the UK before it can be offered to a migrant

Employers must therefore check the latest version of the codes of practice before they issue
From six to 12 months any certificates of sponsorship. Failure to do so could result in the employer failing to meet the
This spring the UK Border Agency (UKBA) will minimum salary level set by the code of practice for the role offered, thereby invalidating the
amend the requirements for this category so that certificate issued to their prospective employee.
workers will need 12 months’ experience with their

LATEST NEWS

LATEST NEWS
employer, instead of the present six months, before
they can be transferred to the UK. It will also close CHARGING FOR IMMIGRATION AND NATIONALITY
EDITORIAL

this category as a route to permanent settlement

in the UK. SERVICES, 2010-2011
We recommend that employers communicate this
change to those overseas staff who are possibly
planning to undertake secondments to the UK
in the near future. If you are planning to transfer
any employees with fewer than 12 months of
experience within your organisation to the UK you
may wish to consider doing so before the UKBA
changes this rule. Minister of State for Borders and Immigration
Phil Woolas has presented regulations to
Parliament for those fees for immigration and
nationality services that are set at levels above
Smith Stone Walters
The UKBA continually introduces policy changes such as this one. We therefore sympathise with
those human resources staff members and employers of migrant workers who are obliged to keep TIER 2 IN-COUNTRY PROCESSING DELAYS
up to date with immigration regulations. Always remember that Smith Stone Walters staff are
ready to assist you in regard to UK immigration law and your obligations as an employer of overseas The UKBA has now issued more than 100,000
nationals whenever you need help. To receive occasional bite-sized emails about UK immigration identity cards to foreign nationals. Since
matters affecting your business, register today at www.smithstonewalters.com the rollout of ID cards now incorporates the
need for applicants under Tier 2 to enrol, the
processing time involved has frustrated many
migrant workers and their employers.
As part of this process, all Tier 2 migrant
workers seeking to switch employers or to
extend their existing conditions in the UK are
now required to relinquish their passports to
the UKBA for consideration. It then summons
them to attend a biometric centre, usually a
designated main Post Office, where they can
have their fingerprints and photographs taken
for use in creating their unique ID cards. It
subsequently issues them their ID cards, which
it sends to them along with their passports.
This convoluted approach is resulting in an
increasing number of frustrated migrant
the services’ normal administrative costs. The
new fees are scheduled to be introduced at the
beginning of April 2010.
Mr Woolas has explained that the
government’s approach to these charges
takes into account such factors as the cost of
processing applications, the importance of
attracting certain groups of migrants to the
UK, and the value of a successful application to
each prospective migrant.
workers being without their passports, and
therefore being unable to travel, for weeks
on end.
On a positive note, the UKBA has just
announced the provision of a one-day service.
Whilst the number of appointments under this
premium service offering is strictly limited, we
hope that they will expand it in the coming
months to allow more migrant workers to take
advantage of it.
Watch this space!
TIER 1 (HIGHLY SKILLED MIGRANTS) –
CHANGES AROUND THE CORNER?
The Migration Advisory Committee (MAC) recently considered whether the criteria for Tier 1 of the
points-based system should be changed in 2010-2011 to reflect changing economic circumstances.
The published MAC report included these recommendations:
The salary multipliers used to convert year extension possible if they are in highly
previous earnings outside the UK into a skilled employment.
UK equivalent should be reviewed rapidly
Whilst the UKBA has not officially confirmed
and thoroughly.
that it will adopt any of these proposals, it is
Migrants with a bachelor’s degree but no possible that it will make some changes to the
master’s degree should be allowed to existing scheme before summer 2010. This
come to the UK under Tier 1 (General), could be excellent news indeed for interested
if their previous earnings are high enough. parties who currently fall short of such
existing requirements as having a
Such professional qualifications as those in
master’s degree.
law and accountancy should be considered
as equal to a master’s degree.
Pay thresholds should be increased
substantially, with no points for previous
annual earnings below £24,000.
Migrants with previous annual earnings
of at least £150,000 should not need to
meet the educational-qualification
requirements.
Applicants aged 39 or younger should
receive points for their age.

Successful applicants should initially be

allowed to come to the UK for two years,
rather than the current three, with a three-

INSIGHT_spring_10_v4.indd 2 16/03/2010 16:45

 01 spring 10 INSiGHT from Smith Stone Walters 02 spring 10 INSiGHT from Smith Stone Walters 03 spring 10 INSiGHT from Smith Stone Walters

IMMINENT CHANGE TO INTRA-COMPANY TRANSFERS (ICT) – QUARTERLY UPDATES TO THE CODES OF PRACTICE SUSPENSION OF YOUTH MOBILITY SCHEME ROUTE FOR
EMPLOYERS TAKE NOTE FOR SPONSORED SKILLED WORKERS JAPANESE NATIONALS FOR 2010
In response to a recent claim by the Association of Professional Staffing Companies that the points- The UKBA has announced that it will be updating its codes of practice for sponsored skilled workers Entry to the UK under the points-based Japanese nationals for the period ending
based system’s Tier 2 (ICT) category is providing a loophole that allows Indian IT companies to bring on a quarterly basis. The next update is scheduled for publication on 1 July 2010. system’s Youth Mobility Scheme is based on 31 December 2010 and the UK will accept
foreign workers into the UK the government has issued a statement detailing a major change to a quota system for participating countries, no new applications for this year, effective
existing ICT provisions. What this means to employers rotating annually. Currently the countries immediately. Japanese applicants may next
UK-based employers that want to sponsor migrant workers from outside Europe participating in the scheme are Australia, apply from 1 January 2011.
ICTs permit employers to fill vacancies in their UK operations with some of their existing foreign-based Canada, Japan, and New Zealand.
under Tier 2 or Tier 5 of the points-based system must use the codes of practice to:
staff. Some have claimed that this enables migrants who receive lower pay than resident workers to Australian, Canadian, and New Zealand
take IT jobs and jobs in other sectors as well. However, since the introduction of the new points-based check the skill level and appropriate pay for each job, and The UKBA has recently announced that nationals may continue to apply throughout
system workers coming to the UK in the Tier 2 (ICT) category must be paid the going rate. it has now reached the issuing limit for 2010 until further notice.
find out where the job must be advertised in the UK before it can be offered to a migrant

Employers must therefore check the latest version of the codes of practice before they issue
From six to 12 months any certificates of sponsorship. Failure to do so could result in the employer failing to meet the
This spring the UK Border Agency (UKBA) will minimum salary level set by the code of practice for the role offered, thereby invalidating the
amend the requirements for this category so that certificate issued to their prospective employee.
workers will need 12 months’ experience with their

LATEST NEWS

LATEST NEWS
employer, instead of the present six months, before
they can be transferred to the UK. It will also close CHARGING FOR IMMIGRATION AND NATIONALITY
EDITORIAL

this category as a route to permanent settlement

in the UK. SERVICES, 2010-2011
We recommend that employers communicate this
change to those overseas staff who are possibly
planning to undertake secondments to the UK
in the near future. If you are planning to transfer
any employees with fewer than 12 months of
experience within your organisation to the UK you
may wish to consider doing so before the UKBA
changes this rule. Minister of State for Borders and Immigration
Phil Woolas has presented regulations to
Parliament for those fees for immigration and
nationality services that are set at levels above
Smith Stone Walters
The UKBA continually introduces policy changes such as this one. We therefore sympathise with
those human resources staff members and employers of migrant workers who are obliged to keep TIER 2 IN-COUNTRY PROCESSING DELAYS
up to date with immigration regulations. Always remember that Smith Stone Walters staff are
ready to assist you in regard to UK immigration law and your obligations as an employer of overseas The UKBA has now issued more than 100,000
nationals whenever you need help. To receive occasional bite-sized emails about UK immigration identity cards to foreign nationals. Since
matters affecting your business, register today at www.smithstonewalters.com the rollout of ID cards now incorporates the
need for applicants under Tier 2 to enrol, the
processing time involved has frustrated many
migrant workers and their employers.
As part of this process, all Tier 2 migrant
workers seeking to switch employers or to
extend their existing conditions in the UK are
now required to relinquish their passports to
the UKBA for consideration. It then summons
them to attend a biometric centre, usually a
designated main Post Office, where they can
have their fingerprints and photographs taken
for use in creating their unique ID cards. It
subsequently issues them their ID cards, which
it sends to them along with their passports.
This convoluted approach is resulting in an
increasing number of frustrated migrant
the services’ normal administrative costs. The
new fees are scheduled to be introduced at the
beginning of April 2010.
Mr Woolas has explained that the
government’s approach to these charges
takes into account such factors as the cost of
processing applications, the importance of
attracting certain groups of migrants to the
UK, and the value of a successful application to
each prospective migrant.
workers being without their passports, and
therefore being unable to travel, for weeks
on end.
On a positive note, the UKBA has just
announced the provision of a one-day service.
Whilst the number of appointments under this
premium service offering is strictly limited, we
hope that they will expand it in the coming
months to allow more migrant workers to take
advantage of it.
Watch this space!
TIER 1 (HIGHLY SKILLED MIGRANTS) –
CHANGES AROUND THE CORNER?
The Migration Advisory Committee (MAC) recently considered whether the criteria for Tier 1 of the
points-based system should be changed in 2010-2011 to reflect changing economic circumstances.
The published MAC report included these recommendations:
The salary multipliers used to convert year extension possible if they are in highly
previous earnings outside the UK into a skilled employment.
UK equivalent should be reviewed rapidly
Whilst the UKBA has not officially confirmed
and thoroughly.
that it will adopt any of these proposals, it is
Migrants with a bachelor’s degree but no possible that it will make some changes to the
master’s degree should be allowed to existing scheme before summer 2010. This
come to the UK under Tier 1 (General), could be excellent news indeed for interested
if their previous earnings are high enough. parties who currently fall short of such
existing requirements as having a
Such professional qualifications as those in
master’s degree.
law and accountancy should be considered
as equal to a master’s degree.
Pay thresholds should be increased
substantially, with no points for previous
annual earnings below £24,000.
Migrants with previous annual earnings
of at least £150,000 should not need to
meet the educational-qualification
requirements.
Applicants aged 39 or younger should
receive points for their age.

Successful applicants should initially be

allowed to come to the UK for two years,
rather than the current three, with a three-

INSIGHT_spring_10_v4.indd 2 16/03/2010 16:45

 01 spring 10 INSiGHT from Smith Stone Walters 02 spring 10 INSiGHT from Smith Stone Walters 03 spring 10 INSiGHT from Smith Stone Walters

IMMINENT CHANGE TO INTRA-COMPANY TRANSFERS (ICT) – QUARTERLY UPDATES TO THE CODES OF PRACTICE SUSPENSION OF YOUTH MOBILITY SCHEME ROUTE FOR
EMPLOYERS TAKE NOTE FOR SPONSORED SKILLED WORKERS JAPANESE NATIONALS FOR 2010
In response to a recent claim by the Association of Professional Staffing Companies that the points- The UKBA has announced that it will be updating its codes of practice for sponsored skilled workers Entry to the UK under the points-based Japanese nationals for the period ending
based system’s Tier 2 (ICT) category is providing a loophole that allows Indian IT companies to bring on a quarterly basis. The next update is scheduled for publication on 1 July 2010. system’s Youth Mobility Scheme is based on 31 December 2010 and the UK will accept
foreign workers into the UK the government has issued a statement detailing a major change to a quota system for participating countries, no new applications for this year, effective
existing ICT provisions. What this means to employers rotating annually. Currently the countries immediately. Japanese applicants may next
UK-based employers that want to sponsor migrant workers from outside Europe participating in the scheme are Australia, apply from 1 January 2011.
ICTs permit employers to fill vacancies in their UK operations with some of their existing foreign-based Canada, Japan, and New Zealand.
under Tier 2 or Tier 5 of the points-based system must use the codes of practice to:
staff. Some have claimed that this enables migrants who receive lower pay than resident workers to Australian, Canadian, and New Zealand
take IT jobs and jobs in other sectors as well. However, since the introduction of the new points-based check the skill level and appropriate pay for each job, and The UKBA has recently announced that nationals may continue to apply throughout
system workers coming to the UK in the Tier 2 (ICT) category must be paid the going rate. it has now reached the issuing limit for 2010 until further notice.
find out where the job must be advertised in the UK before it can be offered to a migrant

Employers must therefore check the latest version of the codes of practice before they issue
From six to 12 months any certificates of sponsorship. Failure to do so could result in the employer failing to meet the
This spring the UK Border Agency (UKBA) will minimum salary level set by the code of practice for the role offered, thereby invalidating the
amend the requirements for this category so that certificate issued to their prospective employee.
workers will need 12 months’ experience with their

LATEST NEWS

LATEST NEWS
employer, instead of the present six months, before
they can be transferred to the UK. It will also close CHARGING FOR IMMIGRATION AND NATIONALITY
EDITORIAL

this category as a route to permanent settlement

in the UK. SERVICES, 2010-2011
We recommend that employers communicate this
change to those overseas staff who are possibly
planning to undertake secondments to the UK
in the near future. If you are planning to transfer
any employees with fewer than 12 months of
experience within your organisation to the UK you
may wish to consider doing so before the UKBA
changes this rule. Minister of State for Borders and Immigration
Phil Woolas has presented regulations to
Parliament for those fees for immigration and
nationality services that are set at levels above
Smith Stone Walters
The UKBA continually introduces policy changes such as this one. We therefore sympathise with
those human resources staff members and employers of migrant workers who are obliged to keep TIER 2 IN-COUNTRY PROCESSING DELAYS
up to date with immigration regulations. Always remember that Smith Stone Walters staff are
ready to assist you in regard to UK immigration law and your obligations as an employer of overseas The UKBA has now issued more than 100,000
nationals whenever you need help. To receive occasional bite-sized emails about UK immigration identity cards to foreign nationals. Since
matters affecting your business, register today at www.smithstonewalters.com the rollout of ID cards now incorporates the
need for applicants under Tier 2 to enrol, the
processing time involved has frustrated many
migrant workers and their employers.
As part of this process, all Tier 2 migrant
workers seeking to switch employers or to
extend their existing conditions in the UK are
now required to relinquish their passports to
the UKBA for consideration. It then summons
them to attend a biometric centre, usually a
designated main Post Office, where they can
have their fingerprints and photographs taken
for use in creating their unique ID cards. It
subsequently issues them their ID cards, which
it sends to them along with their passports.
This convoluted approach is resulting in an
increasing number of frustrated migrant
the services’ normal administrative costs. The
new fees are scheduled to be introduced at the
beginning of April 2010.
Mr Woolas has explained that the
government’s approach to these charges
takes into account such factors as the cost of
processing applications, the importance of
attracting certain groups of migrants to the
UK, and the value of a successful application to
each prospective migrant.
workers being without their passports, and
therefore being unable to travel, for weeks
on end.
On a positive note, the UKBA has just
announced the provision of a one-day service.
Whilst the number of appointments under this
premium service offering is strictly limited, we
hope that they will expand it in the coming
months to allow more migrant workers to take
advantage of it.
Watch this space!
TIER 1 (HIGHLY SKILLED MIGRANTS) –
CHANGES AROUND THE CORNER?
The Migration Advisory Committee (MAC) recently considered whether the criteria for Tier 1 of the
points-based system should be changed in 2010-2011 to reflect changing economic circumstances.
The published MAC report included these recommendations:
The salary multipliers used to convert year extension possible if they are in highly
previous earnings outside the UK into a skilled employment.
UK equivalent should be reviewed rapidly
Whilst the UKBA has not officially confirmed
and thoroughly.
that it will adopt any of these proposals, it is
Migrants with a bachelor’s degree but no possible that it will make some changes to the
master’s degree should be allowed to existing scheme before summer 2010. This
come to the UK under Tier 1 (General), could be excellent news indeed for interested
if their previous earnings are high enough. parties who currently fall short of such
existing requirements as having a
Such professional qualifications as those in
master’s degree.
law and accountancy should be considered
as equal to a master’s degree.
Pay thresholds should be increased
substantially, with no points for previous
annual earnings below £24,000.
Migrants with previous annual earnings
of at least £150,000 should not need to
meet the educational-qualification
requirements.
Applicants aged 39 or younger should
receive points for their age.

Successful applicants should initially be

allowed to come to the UK for two years,
rather than the current three, with a three-

INSIGHT_spring_10_v4.indd 2 16/03/2010 16:45

 04 spring 10 INSiGHT from Smith Stone Walters 05 spring 10 INSiGHT from Smith Stone Walters
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

ARE YOU EMPLOYING FOREIGN STUDENTS LAWFULLY? FOCUS Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
Tel: +44 (20) 8461 6660
111 John Street
Suite 800
New York, NY, 10038
Tel: +1 646 378 4406
spring 10
Employers who engage overseas students within their workforce should take note of the stricter clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Tier 4 (student based) criteria that Home Secretary Alan Johnson has recently announced. We trust this section will prove to be both informative and of Email: info@ Email: usa@
interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
In response to concerns that many overseas nationals were using the Tier 4 visa route specifically
to facilitate their entry into the UK for employment purposes, the new regulations stipulate that
students studying below the foundation degree level have a limited ability to work in the UK and Immigration News & Views from Smith Stone Walters
that their dependants cannot work here at all. Business visitors
From 3 March 2010 Tier 4 students:

are only able to work 10 hours during

term time rather than the current 20
hours if studying below a foundation
must demonstrate a good standard of
English, such as B2 on the European
Common Framework of Reference, which
People who are employed abroad but want to visit the UK for short periods to undertake business-related activities may
be eligible to do so as business visitors. Some business visitors, however, may need to qualify under the employment rules
Immigration law – IN THIS ISSUE
Not worth burying EDITORIAL:
USEFUL INFORMATION

degree or degree level course,
may still have their dependents accompany
them to the UK, but such dependents
are unable to work if studying below a
foundation degree or degree level course,
are no longer able to bring in dependents
at all if studying a course for less than six
months, and
These changes have no impact on Tier 4 students studying for foundation degrees or degree-level
or post-graduate courses. They continue to be able to work for 20 hours per week during term
time and full time during term holidays.
measures qualification, or the equivalent
of holding just below a GCSE in a foreign
language in order to enrol in an English
language course or any other course
below degree level.
when they engage in certain activities or the student rules when they intend to receive training. We therefore strongly 01 Imminent change to intra-
recommend that such people seek advice if they are unsure of their ability to qualify as business visitors. company transfers (ICT) –
People wishing to visit the UK as
business visitors should:
your head over 02
Employers take note
LATEST NEWS:
Quarterly updates to the codes
of practice for sponsored
be based abroad and not intend skilled workers
to transfer their base to the UK, Charging for immigration and
nationality services, 2010-2011
even temporarily, Tier 2 in-country
processing delays
receive their salary from abroad,
although it is acceptable for them Suspension of Youth Mobility
03 Scheme route for Japanese
to receive reasonable travel and nationals for 2010
subsistence expenses whilst in Tier 1 (highly skilled migrants) –
the UK, Changes around the corner?

not be involved in selling goods USEFUL INFORMATION:

What this means to employers
Unfortunately, these changes mean that
employers have to be even more vigilant when
determining whether a foreign student can
work within their organisation and for how
many hours per week. Along with the normal
right-to-work checks that human resources
staff need to make on every prospective
employee, they should seek confirmation of
foreign students’ course levels and durations
when they are uncertain about the scope of a
their existing work authorisation.
or services directly to members of
the public,
not be replacing someone in the
UK, including for periods of
temporary leave, and
not be coming to the UK do work
placements or internships.
What types of people can be
treated as business visitors?
Secondees from overseas
companies who have a contract
Furthermore, the regulations also
consider those intending to carry
out any of the following permissible
activities to be business visitors:
Attending meetings or
conferences.
Undertaking fact-finding missions,
such as journalists on short
04 Are you employing foreign
students lawfully?
FOCUS ON:
05 Business visitors
How long can I stay as a
business visitor?
As with general visitors, business
visitors’ maximum permitted stay is
six months. However, lengthy periods
spent in the UK as a business visitor
may cause an immigration or visa
officer to doubt the intentions of

To make matters more confusing for employers,
these rules will apply to Tier 4 student visas
granted on or after 3 March 2010 and therefore
have no effect on existing students with valid
with a UK company, provided they
are being paid by the overseas
company; some secondees will
assignments to cover particular
stories.
Monteurs, or representatives of
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
those involved.
What supporting
documentation will I need

conditions granted before that date. need to qualify under the points-
based system’s Tier 2 or Tier 5.
Advisers, consultants, trainers,
or trouble-shooters employed
abroad by the same company to
which the client firm in the UK
Remember: Smith Stone Walters staff are on hand to advise you in all
belongs, provided this does not
matters surrounding UK immigration law. amount to employment paid or
unpaid by the UK branch.
Persons undertaking specific,
one-off training provided by their
own company or a branch of it in
the UK in techniques and work
practices used in the UK, provided
this is not on-the-job training.
foreign companies coming to
erect, dismantle, install, service,
repair, or advise on the
development of foreign-made
machinery.
Board-level directors attending
board meetings in the UK,
provided that they are not
employed by a UK company,
although they may receive a fee
for attending such meetings.
Limited accepts no liability for any action taken based on the contents of this publication.
to apply?
We recommend that those seeking
entry under the business-visitor
provisions be able to supply evidence
of their existing overseas employment
along with an invitation from the UK
organisation they are intending to
visit. They should also make available
evidence of their means to cover the
cost of the trip, such as flights and
accommodation.
For further advice in regard to the
business-visitor provisions, please
contact your Smith Stone Walters
account manager.

INSIGHT_spring_10_v4.indd 1 16/03/2010 16:45

 04 spring 10 INSiGHT from Smith Stone Walters 05 spring 10 INSiGHT from Smith Stone Walters
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

ARE YOU EMPLOYING FOREIGN STUDENTS LAWFULLY? FOCUS Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
Tel: +44 (20) 8461 6660
111 John Street
Suite 800
New York, NY, 10038
Tel: +1 646 378 4406
spring 10
Employers who engage overseas students within their workforce should take note of the stricter clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Tier 4 (student based) criteria that Home Secretary Alan Johnson has recently announced. We trust this section will prove to be both informative and of Email: info@ Email: usa@
interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
In response to concerns that many overseas nationals were using the Tier 4 visa route specifically
to facilitate their entry into the UK for employment purposes, the new regulations stipulate that
students studying below the foundation degree level have a limited ability to work in the UK and Immigration News & Views from Smith Stone Walters
that their dependants cannot work here at all. Business visitors
From 3 March 2010 Tier 4 students:

are only able to work 10 hours during

term time rather than the current 20
hours if studying below a foundation
must demonstrate a good standard of
English, such as B2 on the European
Common Framework of Reference, which
People who are employed abroad but want to visit the UK for short periods to undertake business-related activities may
be eligible to do so as business visitors. Some business visitors, however, may need to qualify under the employment rules
Immigration law – IN THIS ISSUE
Not worth burying EDITORIAL:
USEFUL INFORMATION

degree or degree level course,
may still have their dependents accompany
them to the UK, but such dependents
are unable to work if studying below a
foundation degree or degree level course,
are no longer able to bring in dependents
at all if studying a course for less than six
months, and
These changes have no impact on Tier 4 students studying for foundation degrees or degree-level
or post-graduate courses. They continue to be able to work for 20 hours per week during term
time and full time during term holidays.
measures qualification, or the equivalent
of holding just below a GCSE in a foreign
language in order to enrol in an English
language course or any other course
below degree level.
when they engage in certain activities or the student rules when they intend to receive training. We therefore strongly 01 Imminent change to intra-
recommend that such people seek advice if they are unsure of their ability to qualify as business visitors. company transfers (ICT) –
People wishing to visit the UK as
business visitors should:
your head over 02
Employers take note
LATEST NEWS:
Quarterly updates to the codes
of practice for sponsored
be based abroad and not intend skilled workers
to transfer their base to the UK, Charging for immigration and
nationality services, 2010-2011
even temporarily, Tier 2 in-country
processing delays
receive their salary from abroad,
although it is acceptable for them Suspension of Youth Mobility
03 Scheme route for Japanese
to receive reasonable travel and nationals for 2010
subsistence expenses whilst in Tier 1 (highly skilled migrants) –
the UK, Changes around the corner?

not be involved in selling goods USEFUL INFORMATION:

What this means to employers
Unfortunately, these changes mean that
employers have to be even more vigilant when
determining whether a foreign student can
work within their organisation and for how
many hours per week. Along with the normal
right-to-work checks that human resources
staff need to make on every prospective
employee, they should seek confirmation of
foreign students’ course levels and durations
when they are uncertain about the scope of a
their existing work authorisation.
or services directly to members of
the public,
not be replacing someone in the
UK, including for periods of
temporary leave, and
not be coming to the UK do work
placements or internships.
What types of people can be
treated as business visitors?
Secondees from overseas
companies who have a contract
Furthermore, the regulations also
consider those intending to carry
out any of the following permissible
activities to be business visitors:
Attending meetings or
conferences.
Undertaking fact-finding missions,
such as journalists on short
04 Are you employing foreign
students lawfully?
FOCUS ON:
05 Business visitors
How long can I stay as a
business visitor?
As with general visitors, business
visitors’ maximum permitted stay is
six months. However, lengthy periods
spent in the UK as a business visitor
may cause an immigration or visa
officer to doubt the intentions of

To make matters more confusing for employers,
these rules will apply to Tier 4 student visas
granted on or after 3 March 2010 and therefore
have no effect on existing students with valid
with a UK company, provided they
are being paid by the overseas
company; some secondees will
assignments to cover particular
stories.
Monteurs, or representatives of
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
those involved.
What supporting
documentation will I need

conditions granted before that date. need to qualify under the points-
based system’s Tier 2 or Tier 5.
Advisers, consultants, trainers,
or trouble-shooters employed
abroad by the same company to
which the client firm in the UK
Remember: Smith Stone Walters staff are on hand to advise you in all
belongs, provided this does not
matters surrounding UK immigration law. amount to employment paid or
unpaid by the UK branch.
Persons undertaking specific,
one-off training provided by their
own company or a branch of it in
the UK in techniques and work
practices used in the UK, provided
this is not on-the-job training.
foreign companies coming to
erect, dismantle, install, service,
repair, or advise on the
development of foreign-made
machinery.
Board-level directors attending
board meetings in the UK,
provided that they are not
employed by a UK company,
although they may receive a fee
for attending such meetings.
Limited accepts no liability for any action taken based on the contents of this publication.
to apply?
We recommend that those seeking
entry under the business-visitor
provisions be able to supply evidence
of their existing overseas employment
along with an invitation from the UK
organisation they are intending to
visit. They should also make available
evidence of their means to cover the
cost of the trip, such as flights and
accommodation.
For further advice in regard to the
business-visitor provisions, please
contact your Smith Stone Walters
account manager.

INSIGHT_spring_10_v4.indd 1 16/03/2010 16:45