UK Skilled Worker Visa Immigration Route

SA Migration | 30 November 2022

Are you looking to make a career move ? Why not consider a career in the UK under the Skilled Worker visa route.

UK Skilled Worker Visa Immigration Route

The Skilled Worker Immigration Route is one of the most popular immigration routes for South Africans coming to the UK. There are, however, many misconceptions about how the route works in practice. The consultants at SA Migration have subsequently compiled some answers to the most Frequently Asked Questions on the Skilled Worker Visa Route. 

Do I first need to secure employment before I can apply for the Skilled Worker Visa?

Yes. You first need to secure employment in one of the eligible Skilled Worker occupations with a UK registered sponsor employer before you are eligible to apply for it.

The sponsor will provide you with a Certificate of Sponsorship (CoS). This CoS will enable you to apply for the Skilled Worker visa. 

Can my spouse work in the UK if they accompany me on a Skilled Worker Visa?

Yes. Your spouse or partner can apply to accompany you to the UK as your dependant. If your spouse or partner is successful in their application, they will be able to work without any restrictions in the UK. 

Do I require a Police Clearance Certificate for a Skilled Worker Visa application?

Some occupation codes, mainly in the teaching and medical industries, require a Police Clearance Certificate. Your SA Migration consultant will be able to advise in every case. 

How soon do I need to travel to the UK once my Skilled Worker Visa has been granted?

Initially, you will receive a travel vignette valid for three months. You will have to travel to the UK within these three months of validity. However, you cannot start working for your UK employer more than 28 days from your employment start date as per the Certificate of Sponsorship.

Do the same rules apply if I want to apply for a Skilled Worker Visa for Guernsey instead of the UK?

 Yes, except for a few differences. You still need to first secure employment in one of the eligible occupations with an eligible employer. However, you will not be required to pay the National Health Surcharge. Also, instead of having to obtain a Certificate of Sponsorship from the UK employer, your employer needs to apply for an Employment Permit from the Population Management Department and a Work Permit from the Immigration Department. These permits must be submitted with the entry clearance (Skilled Worker Visa) application. Your SA Migration consultant will be able to assist you. 

Does the Skilled Worker Visa lead to British Citizenship?

Yes. After spending five years in the UK on the Skilled Worker Visa, you can qualify to apply for Indefinite Leave to Remain. However, holders of Skilled Worker Visas have to fulfill very specific requirements regarding the minimum salary threshold when applying for ILR. Please speak to your SA Migration consultant for specific advice in your case and to plan your route to British citizenship. 

www.samigration.com

Are you a Kenyan citizen forced to renounce your British citizenship?

SA Migration | 30 November 2022

If as a Kenyan citizen you were ever forced to renounce your British citizenship, SA Migration can help you trace your case.

If you were ever forced to renounce your British citizenship, SA Migration might be able to assist you. SA Migration successfully applied for our client’s British citizenship after she was forced to renounce her British citizenship.

Facts of the Matter

Our client was born in Kenya and was forced to renounce her British citizenship on or before her 23rd Birthday. 

Section 2 of the original Independence Constitution of Kenya stated that every person born in Kenya after the 11th of December 1963 shall become a Citizen of Kenya at the date of his birth, provided that a person shall not become a Citizen of Kenya by virtue of the following:

• Neither of their parents is a Citizen of Kenya

• His/her father is a citizen of a country with which Kenya is at war and the birth occurs in a place then under occupation by that country. 

This Section was later repealed, and Section 89 was introduced in the Constitution of Kenya. However, this Section 89 was found to be incompatible with government policy. 

All would have been in order as the British Nationality Act 1981 had made a similar change, but for the background to the measure, the mythology employed to bring it about and its operation in practice.

The public in Kenya was uninformed about this matter. The Bill seeking to amend the Constitution was published in the Kenya Gazette on 10 May 1985. Basically, it merely stated that “part of the provisions had been misinterpreted to mean that it did not matter if neither of the person’s parents was a Kenyan citizen as long as the father was not a diplomat”. 

This was a very curious distortion of what had, in fact, already happened for some time, which was that the immigration authorities had taken to denying the claim to Kenyan Citizenship to those born after independence unless they could show that at least one of their parents was a Citizen of Kenya at the time of their birth, contrary to the view expressed by the Attorney General then.

The Immigration Authorities indeed ignored this. 

At the Independence of Kenya, a large section of Kenya’s population retained British Nationality. Children born to those of them who were Citizens of the United Kingdom and Colonies themselves became such Citizens by descent under Section 5 of the British Nationality Act 1948. 

Therefore, if an applicant was born in Kenya before 19 July 1985, the date of commencement of the 1985 Act, then the British view is that the person concerned is a citizen as well as a British Overseas Citizen. Notwithstanding that the Kenyan authorities may refuse to recognize such a person to be a Citizen of Kenya under the 1985 Act.

The only way around this obstacle was for the applicant to wait until the age of 23 and then rely on the provisions of Section 97(1) of the Kenyan Constitution. 

According to this provision a person who upon attaining the age of 21, is a citizen of Kenya and also a citizen of some other country ceases to be a citizen of Kenya on the specified date unless she/he has renounced such other citizenship and taken an oath of allegiance to Kenya, the specified date in this connection being the attainment by that person of the age of 23. 

People in this position are thus put in a most unfair situation.

They are not regarded as citizens of Kenya and are expected to regularise their immigration status to Kenyan authorities. 

In the matter of Dubai Bank Ltd v Galadari & others, it was held that if the issue as to whether any of the persons in the previous principals was or was not a Citizen of Kenya were to arise in the context of proceedings in an English Court, in the circumstances discussed above, then the court could reach its conclusion on the matter irrespective of an official certificate, if there is one, from the Kenyan authorities as to the status of the persons concerned.

Based on the injustice at that point in time, we were able to again and successfully apply for our client’s British citizenship. 

www.samigration.com

Good news to Migrants in the UK with Children

The South African | 29 Nov 2022

Parents who want to apply for British citizenship for their children but cannot afford can now do it for free.

Good news to Migrants in the UK with Children: Image: Adobe stock

This past month there were two developments that bode good news for migrants in the UK with children.

Waiver of British Citizenship Fees for Children

Parents who cannot afford the UK Home Office application fee for British citizenship for their children can now apply to get it for free. The fee waiver applications opened on 16 June 2022.

The current Home Office application fee for British Citizenship for children is a hefty £1 012.

One can apply to get the fee waived if one can prove that the fee is unaffordable. You must prove that paying the fee would compromise the child’s essential living needs. Essential living needs will, among others, include Housing, utilities, food, clothing, non-prescription medication, travel costs etc.

Parents applying for the fee waiver will thus have to provide a lot of supporting documents to prove this.

Children in care will have a total exemption from paying the application fee.

Free School Meals Extended to Children of Migrants with No Recourse to Public Funds

Children of migrants in the UK with no recourse to public funds (NRPF) will now be eligible to free school meals. However, this is subject to maximum income thresholds.

Eligible groups will include inter alia the children of Work visa holders; Spousal visa holders; Student visa holders and Zambrano carers

The maximum income threshold will differ depending on the number of children in a household and the location of the family.

The annual household income threshold for NRPF families able to work is:

• £22 700 for families outside of London with one child

• £26 300 for families outside of London with two or more children

• £31 200 for families within London with one child

• £34 800 for families within London with two or more children

SA Migration Immigration Consultants are delighted that the UK Government has permanently extended the free school meals to children of migrants with no recourse to public funds.

www.samigration.com

Automobile Association partners with VFS Global to make it easier for travellers to access international driving permits

 IOL | 29 Nov 2022

VFS Global has introduced the IDP application service at its visa centres in Johannesburg, Pretoria, Cape Town and Durban. 

Durban - The Automobile Association (AA) said that they have partnered with VFS Global, and overseas travellers will now be able obtain their international driving permits (IDPs) through any one of four VFS Global application centres in South Africa. 

VFS Global introduced the IDP application service in September at its visa centres in Johannesburg, Pretoria, Cape Town and Durban.

The AA said IDP applications will be managed by VFS Global on its behalf as it is the only authorised issuer of IDPs in South Africa. IDPs are regulated by the UN. 

An IDP allows eligible applicants, with a South African driver’s licence, to drive vehicles in foreign countries. In addition, IDPs are another form of identification and are valid in more than 150 countries.

Sub-Saharan Africa head at VFS Global Hariprasad Viswanathan said that with the roll-out of IDPs at their application centres across four key cities in South Africa, they were confident of providing applicants with a world-class service experience by leveraging off their global experience of providing transparent and scalable solutions in the citizens service space. 

“Since 2007, VFS Global has supported the economic growth and development of South Africa through our strong workforce that includes 257 nationals who support our operations daily by maintaining the highest levels of service and security.”

CEO of the AA, Willem Groenewald said that making this service available through VFS Global’s centres was a huge benefit to travellers. 

“Many people require an IDP when they’re abroad, but they aren’t always aware of how to obtain these or where. Introducing this service through VFS Global centres will make that a lot easier and provide additional comfort to travellers knowing they’ve obtained all the necessary documents to drive in a foreign country. The added advantage of an IDP is that it is another form of identification for travellers, which is always handy. We’re delighted to partner with VFS Global on this initiative, which will ultimately benefit travellers.”

“The AA can only issue IDPs to holders of a valid South African-issued driving licence. An IDP can only be obtained from the country of origin of a driving licence,” Groenewald explained.

Groenewald said that the AA cannot issue an IDP to citizens of Botswana, Lesotho or Swaziland who are in the possession of a valid driving licence issued in that country, but it can issue an IDP to citizens of Namibia who are in the possession of a valid Namibian driving licence. 

“Citizens in Cape Town, Durban, Johannesburg and Pretoria can visit the VFS Global application centres in these cities to apply for their IDPs. A dedicated contact centre (012 425 3058) and email support (VFSIDP@vfshelpline.com) service are also available for customers to answer queries and track the status of an application.”

www.samigration.com

Two foreign nationals arrested for allegedly bribing an inspector from the Department of Labour

IOL News | 29 Nov 2022

It ended in handcuffs for two brothers who are foreign nationals after they allegedly bribed an Inspector from the Department of Labour with R4500. In the update that was issued by IOL news, it was alleged that the two brothers tried to bribe the official with R4500 in order for him not to issue a compliance order against their shop .

As a result of the act, the Hawks allegedly arrested the two foreign nationals for the act. As a result of the offence and the eventual arrest, the two brothers were expected to make their appearance in the Middelburg Magistrate's Court facing corruption charges in accordance with the IOL news.

It was alleged that the two approached the Inspector from the Department of Labour in an effort to make him not to issue a non-compliance order against the church. Furthermore, it was pointed out that a transfer of R4500 was made to the personal bank account of the official . The official informed police about what had happened, leading to the arrest of the two brothers on the 26th of November 2022.

This behaviour by the Inspector from the Department of Labour is exceptional and it is how some government officials should conduct themselves. The inspector led by example and did not let greed get the better of him. He stuck to doing what was right and it paid off . Respect has been earned by the official , and his act will go a long way towards serving as an example to some who may find themselves in a similar position. It is now up the courts to convict and sentence the culprits to jail, so that corruption comes to an end in South Africa.

www.samigration.com