If you are outside the UK and your application for a visa under the points-based system is refused, you generally do not have a full right of appeal. However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

When is an appeal possible?

Under the points-based system, you can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

the decision was unlawful under Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities)

the decision was unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with your Convention rights

What is administrative review?

Where you believe an error has been made in refusing the visa application under the points-based system, you can ask the visa authorities to check their decision free of any charge. This is an administrative review. The review will look at whether your application was correctly assessed.

What is the deadline for applying?

You are entitled to only one administrative review per refusal decision, and this must be filed no more than 28 days after the date when you receive the refusal notice. This request must be made by completing the administrative

review request notice. You must not send any additional documents, such as your passport, travel document or supporting documents, at this time. If the visa authorities overturn your refusal decision, they will ask you to send in your passport or travel document. If you are already in the UK, you cannot apply for an administrative review.

How long does the review take?

The administrative review will be completed within 28 days and you will be notified of the result in writing. To ensure that the review is independent, the review result may be considered by a post that was not involved in the original decision process.

Dependants of applicants under the points-based system

Where the visa authorities reject a partner or child’s application for a visa as the dependant of a points-based system migrant, the applicant cannot request an administrative review. This is because an administrative review is used to assess whether points have been correctly awarded, and a

dependant is not applying under the points-based system. Instead, the dependant will have a limited or full right of appeal.

How can Smith Stone Walters help us?

Unfortunately, it is not unusual for the UK visa authorities to overlook key information and refuse visa

applications in error. In these circumstances, it is imperative to ensure an administrative review request is filed at the earliest possible time. Smith Stone Walters staff are able to support you throughout this process and file such petitions on your behalf if required. Wherever possible, we will additionally communicate and liaise directly with visa section senior management to explore the possibility of resolving the matter without recourse to a full-scale review.

winter 12

Immigration News & Views from Smith Stone WaltersAdministrative Review

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Smith Stone WaltersThe Capital, C-70 G BlockBKC, Bandra (E)Mumbai, 4000051

Tel: +91 22 6712 8435Fax: +91 22 6712 8999Email: india@smithstonewalters.com

Smith Stone WaltersLevel 21 The Center99 Queen’s Road CentralCentral, Hong Kong

Tel: +852 3478 3757Fax: +852 3478 3760Email: hk@smithstonewalters.com

To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...

India:Hong Kong:

focusSmith Stone Walters111 John StreetSuite 800New York, NY, 10038

Tel: +1 646 378 4406Fax: +1 646 378 4409Email: usa@ smithstonewalters.com

USA:Smith Stone Walters LtdTitle House33-39 Elmfield RoadBromley, Kent, BR1 1LT

Tel: +44 (20) 8461 6660Fax: +44 (20) 8461 6661Email: info@smithstonewalters.com

UK:

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 12 winter 12

Contact Smith Stone Walters today for further information on our UK immigration services

JAmES WALTErS TEAmS up WiTh BoriS JohNSoN To promoTE uK

Following the recent opening of Smith Stone Walters’ latest office in Mumbai, James Walters (Director) joined the Mayor of London Boris Johnson on a promotional trade mission to India. The key

purpose of the mission was to meet with those Indian based businesses seeking to establish an operation within the United Kingdom.

Despite the recent negative publicity surrounding the United Kingdom’s rigid immigration policies, the message delivered by the Mayor was very much that Britain still welcomes business and investment from overseas. During the organised trip to Hyderabad and Chennai, James Walters met with a number of Indian companies seeking expansion into the UK during 2013 and was able to provide specialist advice on the UK immigration challenges they are likely to face.

LATEST chANgES To ThE immigrATioN ruLES

A written ministerial statement was laid in Parliament on Thursday 22 November 2012 outlining a number of changes to the Immigration Rules which come in to force on 13 December 2012.

These included non-substantive changes for sponsors and migrants coming to the UK under the following routes of the points-based system:

Tier 1 – entrepreneurs and investors.

Tier 2 – skilled workers, including changes for senior intra-company transfers.

Tier 4 – students, including extending the interim limit.

Tier 5 – temporary workers including the requirements for the government authorised exchange category and private servants in a diplomatic household.

Sponsorship – revised sponsorship guidance will be published in December.

Further details in relation to how these changes will be applied by UKBA caseworkers will become clear once the new guidance is published later this month.

Please contact a Smith Stone Walters adviser today to gain advice on how these changes will affect your UK-based migrant workers

Targets in trouble as education sector suffers

iN ThiS iSSuEeditorial: Are the Tories set to water down their “tens of thousands” net immigration target?

latest changes:Croatia to join the European Union in 2013UKBA teams up with Capita PLC to find 170,000 missing migrants European case processing times

Home Affairs Committee recommends increase in unannounced sponsor visits Settlement processing times

latest news:James Walters teams up with Boris Johnson to promote UKLatest changes to the Immigration Rules

focus on:Administrative Review

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WHAT CLIENTS SAY ABOUT US:

“Jack went above and beyond his responsibilities while trying to process my VIsA. I can’t thank him enough for his quick actions in getting this processed after storm sandy!” JB, Technology company

“I received an excellent service from your team. Better still on arrival at the sheffield immigration centre a member of your team was available to guide me through the whole process, providing information at every stage. so I was never left in the dark.” JO, Engineering company

“Gary was amazing! understood my requirements immediately, assisted with the forms, answered my questions and always returned my calls promptly. Most of all, kept me updated at all stages. Thank you!” SB, Telecommunications company

“I was very impressed the way Madhuri (ssW India) guided me during each step of processing.” AP, Technology Company

“special thanks to Immigration consultant Ms. Liezel Nel for her expertise, efficiency, patience and attention to details. surely, a dedicated team consists of professionals like Liezel makes ssW one of the top immigration service providers in the uK.” EZ, Re-Insurance Brokers

“The entire team at smith stone Walters has been very prompt and helpful during the entire visa application process. Would like to thank all the contacts mentioned for all their help! (sydney smelt, Heidi frances, Magdalena Makulska, Leane Hurrell.)” CM, Investment Bank

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homE AFFAirS commiTTEE rEcommENdS iNcrEASE iN uNANNouNcED SpoNSor ViSiTS

A recent report by the Home Affairs Committee on the work of the UK Border Agency made a number of recommendations, including the need for an increase in unannounced visits to be undertaken on licensed sponsors.

The Agency carries out announced and unannounced visits on licensed sponsors in Tiers 2, 4 and 5 to check that they are complying with their duties as sponsors. During Quarter 2 of 2012, 1667 visits were undertaken on Tier 2 licence holders. Of these, 708 were unannounced.

In their report, the committee were ‘disappointed that the majority of post-licence visits carried out by the Agency are still announced in advance.’ They reiterated their previous recommendation that the majority of post-licence visits should be unannounced.

Smith Stone Walters advises all licensed employers to maintain up-to-date records (in line with the published sponsor duties) to ensure they are fully prepared for the day they receive a visit from the UK Border Agency. For support in this area, please speak to your Smith Stone Walters Account Manager today

SETTLEmENT procESSiNg TimES It is noted in the same report that the Committee were also surprised to learn that the Agency’s service standards for processing settlement applications made within the UK were 24 hours for an application made in person but six months for a postal application.

Whilst acknowledging that the 24-hour service is a premium one, for which the user pays a fee of

£1,377, the Committee could not understand why it takes so much longer to process a postal application,

which still costs applicants a considerable fee of £990.

In their view, taking six months to process an application that could be processed within 24 hours provides a very poor service to users, and they recommended that the Agency alter its in-country service standard to processing 95% of in-country postal applications in 12 weeks. Let’s all hope the UK Border Agency takes notice!

croATiA To JoiN ThE EuropEAN uNioN iN 2013Croatia is expected to join the European Union (EU) on 1 July 2013. In readiness, the government recently introduced to Parliament the European Union (Croatian Accession) Bill. The bill includes provisions for transitional access arrangements specifically for Croatian nationals, which will restrict their access to the UK labour market.

The Home Office’s transitional restrictions will apply only to a Croatian national’s UK working conditions after 1 July 2013.

uKBA TEAmS up WiTh cApiTA pLc To FiNd 170,000 miSSiNg migrANTSCapita PLC has been awarded a multimillion-pound contract to use existing Home Office records to make contact with potential overstayers. The contract is performance related insomuch as Capita will be paid for the number of people they contact and who then leave. The potential value of the contract is up to £40 million over four years.

Following a recent pilot scheme, another private firm (Serco) found 20% of those migrants contacted subsequently left the UK within six months.

Chris Bryant , shadow immigration minister, raised concerns over the contractual award by saying, “The whole point of a payment-by-results contract is that you define success for it before it starts. UK Border Agency has revealed that Capita will get £40m from the taxpayers if it meets its targets, but UKBA doesn’t seem to have any idea of what would constitute a success.”

“In a time of austerity, the UKBA and the home secretary should be able to demonstrate that they are providing value of money to the taxpayer.”

EuropEAN cASE procESSiNg TimES There is no legal requirement for non-EEA (European Economic Area) direct family members of EEA nationals who are exercising treaty rights in the UK to obtain a residence card to confirm their right of residence in the UK. However, for the period January to June 2012, a total of 19,755 EEA2 applications were received by the UK Border Agency. Of these, 6,758 applications were granted (i.e., approved).

The average processing time for completed EEA2 applications that were received between 1 January and 30 June 2012, was 94 calendar days. Of these 2% of applications took longer than six months to decide.

Applicants can request their passports back from the authorities at any time during the application process. Requesting the return of passports does not lead to withdrawal of the application. However, advice should be taken to determine whether applicants need to apply for a new family permit at a British post abroad to facilitate re-entry to the UK.

Speak to Smith Stone Walters today about our dedicated UK visa management services from Hong Kong, New York & Mumbai

ArE ThE ToriES SET To WATEr doWN ThEir “TENS oF ThouSANdS” NET immigrATioN TArgET? With the latest data showing net immigration in the year to December 2011 amounting 216,000, the pressure is still on the government to achieve their contentious target of reducing net immigration to below 100,000 by 2015.

Dissention in the coalition’s ranks is beginning to build with both the business secretary Vince Cable and universities minister David Willetts recently expressing their concerns over the damaging effect this target is having on the UK economy, including one of this country’s best exports, education.

Recent analysis suggests that the value of the education-related export market could reach a staggering £21.5 billion in 2020. With countries such as Canada and Australia actively seeking to increase international student numbers, competition to attract the brightest and the best students is on the march. Historically, the United Kingdom has always been a primary destination of choice for international students and has benefited hugely on the back of this reputation. Given the sizeable economic benefits to both the increasingly cash-strapped educational institutions and the country as a whole, it is in the country’s best interest to maintain a competitive position in the international higher education market. However, with the government’s increasingly stubborn approach to reduce migrant numbers at seemingly any cost, this may be about to change.

Falling student figures

According to Home Office published statistics, study visas (excluding student visitor visas) issued to June 2012 fell 30% from the previous year’s figures. Recent unwelcome publicity created as a result of the government’s strong-arm immigration tactics used towards London Metropolitan University as well as their decision to withdraw the Post-Study Work scheme is only likely to exacerbate the situation. What’s more, since 2009 some 500 colleges have either lost their licences to bring in foreign non-EU students to this country or chose not to apply to become part of an increasingly regulated system of monitoring individual students brought into the UK.

Since the vast majority of university-sponsored students are known to be visa-compliant, it makes sense for the UK to adopt practical immigration policies that attract, not deter, high calibre overseas students to this country. Nevertheless, the Home Office seems to be working to a different agenda which many believe is entirely due to their fixation on meeting an impossible net migration target.

With both stakeholders and politicians now calling on the government to make a U-turn and take university-sponsored students out of its net migration target, we should all live in hope that common sense soon prevails.

We wish all our clients a Merry Christmas and Happy New Year

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homE AFFAirS commiTTEE rEcommENdS iNcrEASE iN uNANNouNcED SpoNSor ViSiTS

A recent report by the Home Affairs Committee on the work of the UK Border Agency made a number of recommendations, including the need for an increase in unannounced visits to be undertaken on licensed sponsors.

The Agency carries out announced and unannounced visits on licensed sponsors in Tiers 2, 4 and 5 to check that they are complying with their duties as sponsors. During Quarter 2 of 2012, 1667 visits were undertaken on Tier 2 licence holders. Of these, 708 were unannounced.

In their report, the committee were ‘disappointed that the majority of post-licence visits carried out by the Agency are still announced in advance.’ They reiterated their previous recommendation that the majority of post-licence visits should be unannounced.

Smith Stone Walters advises all licensed employers to maintain up-to-date records (in line with the published sponsor duties) to ensure they are fully prepared for the day they receive a visit from the UK Border Agency. For support in this area, please speak to your Smith Stone Walters Account Manager today

SETTLEmENT procESSiNg TimES It is noted in the same report that the Committee were also surprised to learn that the Agency’s service standards for processing settlement applications made within the UK were 24 hours for an application made in person but six months for a postal application.

Whilst acknowledging that the 24-hour service is a premium one, for which the user pays a fee of

£1,377, the Committee could not understand why it takes so much longer to process a postal application,

which still costs applicants a considerable fee of £990.

In their view, taking six months to process an application that could be processed within 24 hours provides a very poor service to users, and they recommended that the Agency alter its in-country service standard to processing 95% of in-country postal applications in 12 weeks. Let’s all hope the UK Border Agency takes notice!

croATiA To JoiN ThE EuropEAN uNioN iN 2013Croatia is expected to join the European Union (EU) on 1 July 2013. In readiness, the government recently introduced to Parliament the European Union (Croatian Accession) Bill. The bill includes provisions for transitional access arrangements specifically for Croatian nationals, which will restrict their access to the UK labour market.

The Home Office’s transitional restrictions will apply only to a Croatian national’s UK working conditions after 1 July 2013.

uKBA TEAmS up WiTh cApiTA pLc To FiNd 170,000 miSSiNg migrANTSCapita PLC has been awarded a multimillion-pound contract to use existing Home Office records to make contact with potential overstayers. The contract is performance related insomuch as Capita will be paid for the number of people they contact and who then leave. The potential value of the contract is up to £40 million over four years.

Following a recent pilot scheme, another private firm (Serco) found 20% of those migrants contacted subsequently left the UK within six months.

Chris Bryant , shadow immigration minister, raised concerns over the contractual award by saying, “The whole point of a payment-by-results contract is that you define success for it before it starts. UK Border Agency has revealed that Capita will get £40m from the taxpayers if it meets its targets, but UKBA doesn’t seem to have any idea of what would constitute a success.”

“In a time of austerity, the UKBA and the home secretary should be able to demonstrate that they are providing value of money to the taxpayer.”

EuropEAN cASE procESSiNg TimES There is no legal requirement for non-EEA (European Economic Area) direct family members of EEA nationals who are exercising treaty rights in the UK to obtain a residence card to confirm their right of residence in the UK. However, for the period January to June 2012, a total of 19,755 EEA2 applications were received by the UK Border Agency. Of these, 6,758 applications were granted (i.e., approved).

The average processing time for completed EEA2 applications that were received between 1 January and 30 June 2012, was 94 calendar days. Of these 2% of applications took longer than six months to decide.

Applicants can request their passports back from the authorities at any time during the application process. Requesting the return of passports does not lead to withdrawal of the application. However, advice should be taken to determine whether applicants need to apply for a new family permit at a British post abroad to facilitate re-entry to the UK.

Speak to Smith Stone Walters today about our dedicated UK visa management services from Hong Kong, New York & Mumbai

ArE ThE ToriES SET To WATEr doWN ThEir “TENS oF ThouSANdS” NET immigrATioN TArgET? With the latest data showing net immigration in the year to December 2011 amounting 216,000, the pressure is still on the government to achieve their contentious target of reducing net immigration to below 100,000 by 2015.

Dissention in the coalition’s ranks is beginning to build with both the business secretary Vince Cable and universities minister David Willetts recently expressing their concerns over the damaging effect this target is having on the UK economy, including one of this country’s best exports, education.

Recent analysis suggests that the value of the education-related export market could reach a staggering £21.5 billion in 2020. With countries such as Canada and Australia actively seeking to increase international student numbers, competition to attract the brightest and the best students is on the march. Historically, the United Kingdom has always been a primary destination of choice for international students and has benefited hugely on the back of this reputation. Given the sizeable economic benefits to both the increasingly cash-strapped educational institutions and the country as a whole, it is in the country’s best interest to maintain a competitive position in the international higher education market. However, with the government’s increasingly stubborn approach to reduce migrant numbers at seemingly any cost, this may be about to change.

Falling student figures

According to Home Office published statistics, study visas (excluding student visitor visas) issued to June 2012 fell 30% from the previous year’s figures. Recent unwelcome publicity created as a result of the government’s strong-arm immigration tactics used towards London Metropolitan University as well as their decision to withdraw the Post-Study Work scheme is only likely to exacerbate the situation. What’s more, since 2009 some 500 colleges have either lost their licences to bring in foreign non-EU students to this country or chose not to apply to become part of an increasingly regulated system of monitoring individual students brought into the UK.

Since the vast majority of university-sponsored students are known to be visa-compliant, it makes sense for the UK to adopt practical immigration policies that attract, not deter, high calibre overseas students to this country. Nevertheless, the Home Office seems to be working to a different agenda which many believe is entirely due to their fixation on meeting an impossible net migration target.

With both stakeholders and politicians now calling on the government to make a U-turn and take university-sponsored students out of its net migration target, we should all live in hope that common sense soon prevails.

We wish all our clients a Merry Christmas and Happy New Year

EdiT

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INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 12 winter 12 winter 1201 02

LATE

ST c

hAN

gES

03

homE AFFAirS commiTTEE rEcommENdS iNcrEASE iN uNANNouNcED SpoNSor ViSiTS

A recent report by the Home Affairs Committee on the work of the UK Border Agency made a number of recommendations, including the need for an increase in unannounced visits to be undertaken on licensed sponsors.

The Agency carries out announced and unannounced visits on licensed sponsors in Tiers 2, 4 and 5 to check that they are complying with their duties as sponsors. During Quarter 2 of 2012, 1667 visits were undertaken on Tier 2 licence holders. Of these, 708 were unannounced.

In their report, the committee were ‘disappointed that the majority of post-licence visits carried out by the Agency are still announced in advance.’ They reiterated their previous recommendation that the majority of post-licence visits should be unannounced.

Smith Stone Walters advises all licensed employers to maintain up-to-date records (in line with the published sponsor duties) to ensure they are fully prepared for the day they receive a visit from the UK Border Agency. For support in this area, please speak to your Smith Stone Walters Account Manager today

SETTLEmENT procESSiNg TimES It is noted in the same report that the Committee were also surprised to learn that the Agency’s service standards for processing settlement applications made within the UK were 24 hours for an application made in person but six months for a postal application.

Whilst acknowledging that the 24-hour service is a premium one, for which the user pays a fee of

£1,377, the Committee could not understand why it takes so much longer to process a postal application,

which still costs applicants a considerable fee of £990.

In their view, taking six months to process an application that could be processed within 24 hours provides a very poor service to users, and they recommended that the Agency alter its in-country service standard to processing 95% of in-country postal applications in 12 weeks. Let’s all hope the UK Border Agency takes notice!

croATiA To JoiN ThE EuropEAN uNioN iN 2013Croatia is expected to join the European Union (EU) on 1 July 2013. In readiness, the government recently introduced to Parliament the European Union (Croatian Accession) Bill. The bill includes provisions for transitional access arrangements specifically for Croatian nationals, which will restrict their access to the UK labour market.

The Home Office’s transitional restrictions will apply only to a Croatian national’s UK working conditions after 1 July 2013.

uKBA TEAmS up WiTh cApiTA pLc To FiNd 170,000 miSSiNg migrANTSCapita PLC has been awarded a multimillion-pound contract to use existing Home Office records to make contact with potential overstayers. The contract is performance related insomuch as Capita will be paid for the number of people they contact and who then leave. The potential value of the contract is up to £40 million over four years.

Following a recent pilot scheme, another private firm (Serco) found 20% of those migrants contacted subsequently left the UK within six months.

Chris Bryant , shadow immigration minister, raised concerns over the contractual award by saying, “The whole point of a payment-by-results contract is that you define success for it before it starts. UK Border Agency has revealed that Capita will get £40m from the taxpayers if it meets its targets, but UKBA doesn’t seem to have any idea of what would constitute a success.”

“In a time of austerity, the UKBA and the home secretary should be able to demonstrate that they are providing value of money to the taxpayer.”

EuropEAN cASE procESSiNg TimES There is no legal requirement for non-EEA (European Economic Area) direct family members of EEA nationals who are exercising treaty rights in the UK to obtain a residence card to confirm their right of residence in the UK. However, for the period January to June 2012, a total of 19,755 EEA2 applications were received by the UK Border Agency. Of these, 6,758 applications were granted (i.e., approved).

The average processing time for completed EEA2 applications that were received between 1 January and 30 June 2012, was 94 calendar days. Of these 2% of applications took longer than six months to decide.

Applicants can request their passports back from the authorities at any time during the application process. Requesting the return of passports does not lead to withdrawal of the application. However, advice should be taken to determine whether applicants need to apply for a new family permit at a British post abroad to facilitate re-entry to the UK.

Speak to Smith Stone Walters today about our dedicated UK visa management services from Hong Kong, New York & Mumbai

ArE ThE ToriES SET To WATEr doWN ThEir “TENS oF ThouSANdS” NET immigrATioN TArgET? With the latest data showing net immigration in the year to December 2011 amounting 216,000, the pressure is still on the government to achieve their contentious target of reducing net immigration to below 100,000 by 2015.

Dissention in the coalition’s ranks is beginning to build with both the business secretary Vince Cable and universities minister David Willetts recently expressing their concerns over the damaging effect this target is having on the UK economy, including one of this country’s best exports, education.

Recent analysis suggests that the value of the education-related export market could reach a staggering £21.5 billion in 2020. With countries such as Canada and Australia actively seeking to increase international student numbers, competition to attract the brightest and the best students is on the march. Historically, the United Kingdom has always been a primary destination of choice for international students and has benefited hugely on the back of this reputation. Given the sizeable economic benefits to both the increasingly cash-strapped educational institutions and the country as a whole, it is in the country’s best interest to maintain a competitive position in the international higher education market. However, with the government’s increasingly stubborn approach to reduce migrant numbers at seemingly any cost, this may be about to change.

Falling student figures

According to Home Office published statistics, study visas (excluding student visitor visas) issued to June 2012 fell 30% from the previous year’s figures. Recent unwelcome publicity created as a result of the government’s strong-arm immigration tactics used towards London Metropolitan University as well as their decision to withdraw the Post-Study Work scheme is only likely to exacerbate the situation. What’s more, since 2009 some 500 colleges have either lost their licences to bring in foreign non-EU students to this country or chose not to apply to become part of an increasingly regulated system of monitoring individual students brought into the UK.

Since the vast majority of university-sponsored students are known to be visa-compliant, it makes sense for the UK to adopt practical immigration policies that attract, not deter, high calibre overseas students to this country. Nevertheless, the Home Office seems to be working to a different agenda which many believe is entirely due to their fixation on meeting an impossible net migration target.

With both stakeholders and politicians now calling on the government to make a U-turn and take university-sponsored students out of its net migration target, we should all live in hope that common sense soon prevails.

We wish all our clients a Merry Christmas and Happy New Year

If you are outside the UK and your application for a visa under the points-based system is refused, you generally do not have a full right of appeal. However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

When is an appeal possible?

Under the points-based system, you can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

the decision was unlawful under Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities)

the decision was unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with your Convention rights

What is administrative review?

Where you believe an error has been made in refusing the visa application under the points-based system, you can ask the visa authorities to check their decision free of any charge. This is an administrative review. The review will look at whether your application was correctly assessed.

What is the deadline for applying?

You are entitled to only one administrative review per refusal decision, and this must be filed no more than 28 days after the date when you receive the refusal notice. This request must be made by completing the administrative

review request notice. You must not send any additional documents, such as your passport, travel document or supporting documents, at this time. If the visa authorities overturn your refusal decision, they will ask you to send in your passport or travel document. If you are already in the UK, you cannot apply for an administrative review.

How long does the review take?

The administrative review will be completed within 28 days and you will be notified of the result in writing. To ensure that the review is independent, the review result may be considered by a post that was not involved in the original decision process.

Dependants of applicants under the points-based system

Where the visa authorities reject a partner or child’s application for a visa as the dependant of a points-based system migrant, the applicant cannot request an administrative review. This is because an administrative review is used to assess whether points have been correctly awarded, and a

dependant is not applying under the points-based system. Instead, the dependant will have a limited or full right of appeal.

How can Smith Stone Walters help us?

Unfortunately, it is not unusual for the UK visa authorities to overlook key information and refuse visa

applications in error. In these circumstances, it is imperative to ensure an administrative review request is filed at the earliest possible time. Smith Stone Walters staff are able to support you throughout this process and file such petitions on your behalf if required. Wherever possible, we will additionally communicate and liaise directly with visa section senior management to explore the possibility of resolving the matter without recourse to a full-scale review.

winter 12

Immigration News & Views from Smith Stone WaltersAdministrative Review

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Smith Stone WaltersThe Capital, C-70 G BlockBKC, Bandra (E)Mumbai, 4000051

Tel: +91 22 6712 8435Fax: +91 22 6712 8999Email: india@smithstonewalters.com

Smith Stone WaltersLevel 21 The Center99 Queen’s Road CentralCentral, Hong Kong

Tel: +852 3478 3757Fax: +852 3478 3760Email: hk@smithstonewalters.com

To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...

India:Hong Kong:

focusSmith Stone Walters111 John StreetSuite 800New York, NY, 10038

Tel: +1 646 378 4406Fax: +1 646 378 4409Email: usa@ smithstonewalters.com

USA:Smith Stone Walters LtdTitle House33-39 Elmfield RoadBromley, Kent, BR1 1LT

Tel: +44 (20) 8461 6660Fax: +44 (20) 8461 6661Email: info@smithstonewalters.com

UK:

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 12 winter 12

Contact Smith Stone Walters today for further information on our UK immigration services

JAmES WALTErS TEAmS up WiTh BoriS JohNSoN To promoTE uK

Following the recent opening of Smith Stone Walters’ latest office in Mumbai, James Walters (Director) joined the Mayor of London Boris Johnson on a promotional trade mission to India. The key

purpose of the mission was to meet with those Indian based businesses seeking to establish an operation within the United Kingdom.

Despite the recent negative publicity surrounding the United Kingdom’s rigid immigration policies, the message delivered by the Mayor was very much that Britain still welcomes business and investment from overseas. During the organised trip to Hyderabad and Chennai, James Walters met with a number of Indian companies seeking expansion into the UK during 2013 and was able to provide specialist advice on the UK immigration challenges they are likely to face.

LATEST chANgES To ThE immigrATioN ruLES

A written ministerial statement was laid in Parliament on Thursday 22 November 2012 outlining a number of changes to the Immigration Rules which come in to force on 13 December 2012.

These included non-substantive changes for sponsors and migrants coming to the UK under the following routes of the points-based system:

Tier 1 – entrepreneurs and investors.

Tier 2 – skilled workers, including changes for senior intra-company transfers.

Tier 4 – students, including extending the interim limit.

Tier 5 – temporary workers including the requirements for the government authorised exchange category and private servants in a diplomatic household.

Sponsorship – revised sponsorship guidance will be published in December.

Further details in relation to how these changes will be applied by UKBA caseworkers will become clear once the new guidance is published later this month.

Please contact a Smith Stone Walters adviser today to gain advice on how these changes will affect your UK-based migrant workers

Targets in trouble as education sector suffers

iN ThiS iSSuEeditorial: Are the Tories set to water down their “tens of thousands” net immigration target?

latest changes:Croatia to join the European Union in 2013UKBA teams up with Capita PLC to find 170,000 missing migrants European case processing times

Home Affairs Committee recommends increase in unannounced sponsor visits Settlement processing times

latest news:James Walters teams up with Boris Johnson to promote UKLatest changes to the Immigration Rules

focus on:Administrative Review

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02

03

05

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WHAT CLIENTS SAY ABOUT US:

“Jack went above and beyond his responsibilities while trying to process my VIsA. I can’t thank him enough for his quick actions in getting this processed after storm sandy!” JB, Technology company

“I received an excellent service from your team. Better still on arrival at the sheffield immigration centre a member of your team was available to guide me through the whole process, providing information at every stage. so I was never left in the dark.” JO, Engineering company

“Gary was amazing! understood my requirements immediately, assisted with the forms, answered my questions and always returned my calls promptly. Most of all, kept me updated at all stages. Thank you!” SB, Telecommunications company

“I was very impressed the way Madhuri (ssW India) guided me during each step of processing.” AP, Technology Company

“special thanks to Immigration consultant Ms. Liezel Nel for her expertise, efficiency, patience and attention to details. surely, a dedicated team consists of professionals like Liezel makes ssW one of the top immigration service providers in the uK.” EZ, Re-Insurance Brokers

“The entire team at smith stone Walters has been very prompt and helpful during the entire visa application process. Would like to thank all the contacts mentioned for all their help! (sydney smelt, Heidi frances, Magdalena Makulska, Leane Hurrell.)” CM, Investment Bank

If you are outside the UK and your application for a visa under the points-based system is refused, you generally do not have a full right of appeal. However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

When is an appeal possible?

Under the points-based system, you can appeal only on one or more of the following grounds referred to in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:

the decision was unlawful under Section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities)

the decision was unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary to Human Rights Convention) as being incompatible with your Convention rights

What is administrative review?

Where you believe an error has been made in refusing the visa application under the points-based system, you can ask the visa authorities to check their decision free of any charge. This is an administrative review. The review will look at whether your application was correctly assessed.

What is the deadline for applying?

You are entitled to only one administrative review per refusal decision, and this must be filed no more than 28 days after the date when you receive the refusal notice. This request must be made by completing the administrative

review request notice. You must not send any additional documents, such as your passport, travel document or supporting documents, at this time. If the visa authorities overturn your refusal decision, they will ask you to send in your passport or travel document. If you are already in the UK, you cannot apply for an administrative review.

How long does the review take?

The administrative review will be completed within 28 days and you will be notified of the result in writing. To ensure that the review is independent, the review result may be considered by a post that was not involved in the original decision process.

Dependants of applicants under the points-based system

Where the visa authorities reject a partner or child’s application for a visa as the dependant of a points-based system migrant, the applicant cannot request an administrative review. This is because an administrative review is used to assess whether points have been correctly awarded, and a

dependant is not applying under the points-based system. Instead, the dependant will have a limited or full right of appeal.

How can Smith Stone Walters help us?

Unfortunately, it is not unusual for the UK visa authorities to overlook key information and refuse visa

applications in error. In these circumstances, it is imperative to ensure an administrative review request is filed at the earliest possible time. Smith Stone Walters staff are able to support you throughout this process and file such petitions on your behalf if required. Wherever possible, we will additionally communicate and liaise directly with visa section senior management to explore the possibility of resolving the matter without recourse to a full-scale review.

winter 12

Immigration News & Views from Smith Stone WaltersAdministrative Review

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Smith Stone WaltersThe Capital, C-70 G BlockBKC, Bandra (E)Mumbai, 4000051

Tel: +91 22 6712 8435Fax: +91 22 6712 8999Email: india@smithstonewalters.com

Smith Stone WaltersLevel 21 The Center99 Queen’s Road CentralCentral, Hong Kong

Tel: +852 3478 3757Fax: +852 3478 3760Email: hk@smithstonewalters.com

To give clients clear and concise information every quarter we focus on a key issue of UK immigration law. Our focus for this quarter falls upon...

India:Hong Kong:

focusSmith Stone Walters111 John StreetSuite 800New York, NY, 10038

Tel: +1 646 378 4406Fax: +1 646 378 4409Email: usa@ smithstonewalters.com

USA:Smith Stone Walters LtdTitle House33-39 Elmfield RoadBromley, Kent, BR1 1LT

Tel: +44 (20) 8461 6660Fax: +44 (20) 8461 6661Email: info@smithstonewalters.com

UK:

INSiGHT from Smith Stone Walters INSiGHT from Smith Stone Walterswinter 12 winter 12

Contact Smith Stone Walters today for further information on our UK immigration services

JAmES WALTErS TEAmS up WiTh BoriS JohNSoN To promoTE uK

Following the recent opening of Smith Stone Walters’ latest office in Mumbai, James Walters (Director) joined the Mayor of London Boris Johnson on a promotional trade mission to India. The key

purpose of the mission was to meet with those Indian based businesses seeking to establish an operation within the United Kingdom.

Despite the recent negative publicity surrounding the United Kingdom’s rigid immigration policies, the message delivered by the Mayor was very much that Britain still welcomes business and investment from overseas. During the organised trip to Hyderabad and Chennai, James Walters met with a number of Indian companies seeking expansion into the UK during 2013 and was able to provide specialist advice on the UK immigration challenges they are likely to face.

LATEST chANgES To ThE immigrATioN ruLES

A written ministerial statement was laid in Parliament on Thursday 22 November 2012 outlining a number of changes to the Immigration Rules which come in to force on 13 December 2012.

These included non-substantive changes for sponsors and migrants coming to the UK under the following routes of the points-based system:

Tier 1 – entrepreneurs and investors.

Tier 2 – skilled workers, including changes for senior intra-company transfers.

Tier 4 – students, including extending the interim limit.

Tier 5 – temporary workers including the requirements for the government authorised exchange category and private servants in a diplomatic household.

Sponsorship – revised sponsorship guidance will be published in December.

Further details in relation to how these changes will be applied by UKBA caseworkers will become clear once the new guidance is published later this month.

Please contact a Smith Stone Walters adviser today to gain advice on how these changes will affect your UK-based migrant workers

Targets in trouble as education sector suffers

iN ThiS iSSuEeditorial: Are the Tories set to water down their “tens of thousands” net immigration target?

latest changes:Croatia to join the European Union in 2013UKBA teams up with Capita PLC to find 170,000 missing migrants European case processing times

Home Affairs Committee recommends increase in unannounced sponsor visits Settlement processing times

latest news:James Walters teams up with Boris Johnson to promote UKLatest changes to the Immigration Rules

focus on:Administrative Review

01

02

03

05

04

WHAT CLIENTS SAY ABOUT US:

“Jack went above and beyond his responsibilities while trying to process my VIsA. I can’t thank him enough for his quick actions in getting this processed after storm sandy!” JB, Technology company

“I received an excellent service from your team. Better still on arrival at the sheffield immigration centre a member of your team was available to guide me through the whole process, providing information at every stage. so I was never left in the dark.” JO, Engineering company

“Gary was amazing! understood my requirements immediately, assisted with the forms, answered my questions and always returned my calls promptly. Most of all, kept me updated at all stages. Thank you!” SB, Telecommunications company

“I was very impressed the way Madhuri (ssW India) guided me during each step of processing.” AP, Technology Company

“special thanks to Immigration consultant Ms. Liezel Nel for her expertise, efficiency, patience and attention to details. surely, a dedicated team consists of professionals like Liezel makes ssW one of the top immigration service providers in the uK.” EZ, Re-Insurance Brokers

“The entire team at smith stone Walters has been very prompt and helpful during the entire visa application process. Would like to thank all the contacts mentioned for all their help! (sydney smelt, Heidi frances, Magdalena Makulska, Leane Hurrell.)” CM, Investment Bank