US to sanction 4 countries for refusing to accept deported immigrants

The US Government will impose visa sanctions on four countries due to their refusal to take back deported immigrants. In reaching this decision, the spokesman of the Department of Homeland Security (“DHS”) said that all countries should begin to meet their obligations to repatriate their own citizen when the US tries to deport them. However, the spokesman refused to name the four countries.

The State Department and the DHS have the power to sanction countries that are uncooperative. In the past 16 years, such power has been used twice: against Guyana in 2001 and Gambia in 2016. Whilst in the past two cases, the State Department only stopped issuing visas to government officials and their families, it is uncertain the extent to which the State Department may impose the sanction on this occasion.

The U.S Immigration and Customs Enforcements have regularly kept a list of countries/jurisdictions that are considered to be uncooperative in deportation. Currently, 12 countries/jurisdictions are on the list, including: China, Hong Kong, Cuba, Vietnam, Laos, Iran, Cambodia, Myanmar, Morocco, South Sudan, Guinea and Eritrea.

If the US Government imposes visa sanctions against these 12 countries/jurisdictions, it may have a serious impact.

(Source: http://www.washingtontimes.com/news/2017/aug/23/4-countries-sanctioned-because-of-refusal-to-accep/)

Trump delays new US visa program

President Trump’s administration has delayed a new US visa program that is designed to allow start-up international entrepreneurs to secure government funding. The program was supposed to be effective on July 2017; however it will be postponed until March 2018, subject to the review of Department of Homeland Security.

Normally, there are three ways for businessmen to enter the US: L1A intra-company transfer Visa, E-2 Treaty Investor visa or EB5 Immigrant investor visa. Nevertheless, not everyone can fulfill those criteria; some Indian or Chinese nationals cannot obtain either an E1 or E2 visa, and the new visa program was said to improve the chances of acquiring an investor visa and benefit the country economically.

A group of US investors and business people have already written to Trump to urge him to commence the new visa program, since entrepreneurs’ immigrant plays an important role in creating more job opportunities in the US.

Brexit: UK Government is considering giving Young EU migrants two-year work visas after Brexit
The committee of the Migration Advisory Commission of the UK has suggested that EU migrants under aged 30 would likely have positive impacts on the UK economy because of their longer working life and lower risk of health problem and a proposal has been put forward to give these young EU migrants two-year visas to live and work in the UK after Brexit.

The proposal has, in particular, suggested a points-based system similar to the Australian one in which younger migrants would receive more points or be given a lower salary threshold. It is expected that those young people will be able to integrate much better into the society than older migrants. It is also suggested that migrants will further benefit the society economically due to their diverse skill sets.

On the other hand, the proposal has suggested curbing low-skilled migration but allowing migrants with specific, in-demand skills to come to the UK.

Although Brexit will be executed in 2019, the UK Government has indicated that EU citizens will still be able to enter UK under a “registration and documentation” route during a transitional period after Brexit.

(Source: http://www.independent.co.uk/news/uk/politics/brexit-eu-migrants-young-18-30-two-year-work-visa-migration-advisory-committee-a7878791.html)

HK Immigration Department combating false instruments in visa applications
The Immigration Department (“ImmD”) has always been concerned about dishonest intermediaries who seek to obtain Hong Kong visas for applicants through illegal means. Hence, the ImmD combats use of false instruments in visa applications in a rigorous manner. On 6 June 2017, the ImmD prosecuted a female defendant for using false instruments and false statements for the purpose of obtaining visas/ entry permits for visa applicants.

Under the current law, it is an offence to make, possess or use false instruments. Upon conviction, offenders are subject to a maximum penalty of 14 years’ imprisonment.

The above serves as a reminder that applicants should always obtain visas through legal means. If necessary, they should seek legal advice.

(Source: http://www.immd.gov.hk/eng/press/press-releases/20170606.html)

In 2011, an annual limit of 20,700 visa grants was introduced by the UK government to restrict the number of non-EU migrants working in the UK under Tier 2 visas. UK firms did not encounter problems in the first four years until 11 June 2015, where the cap was exceeded for the first time .

On 10 June 2015, the UK government announced that a new blueprint is being devised to reduce demand for migrant labour .

With an aim to further significantly reduce non-EEA economic migration to the UK, the Migration Advisory Committee will advise the government by the end of 2015 on:
– restricting work visas to genuine skills shortages and highly specialist experts
– setting a time limit on how long a sector can claim to have a skills shortage
– a new skills levy on Tier 2 visas to increase funding to UK apprenticeships
– Lifting the salary requirements to curb businesses from employing foreign workers to undercut wages

With more stringent Tier 2 immigration rules, many firms may not be able to obtain Tier 2 visas for lawyers they intend to employ. The restrictions have also caused great difficulties in employing trainee solicitors. As a result, the UK may risk international law firms moving their offices outside of the UK to a more competitive jurisdiction .

The England and Wales Law Society have raised the criticism that any new Tier 2 restrictions would have a direct adverse impact on international law firms. Not only would this jeopardize the legal sector and the UK economy, but it would also occasion collateral damage to other sectors.

(Sources:
http://www.workpermit.com/news/2011-04-06/uk/tier-2-visa-major-changes-from-6-april-2011.htm
https://www.lawsociety.org.uk/news/press-releases/public-concerns-about-immigration-are-not-addressed-by-restricting-business-migration-for-professionals-warns-law-society/
https://www.gov.uk/government/news/pm-announces-migration-advisory-committee
https://www.lawsociety.org.uk/policy-campaigns/consultation-responses/documents/migration-advisory-committee-review-tier-2-law-society-response-september-2015/)

In light of the announcement of new contract proposals for NHS staff by the UK Health secretary – Jeremy Hunt, 3,468 UK doctors applied for permission from the General Medical Council (GMC) for certificates to practice abroad. Australia has always been a popular destination for UK doctors, mainly because of higher pay and better working conditions, e.g. the salary rates can be up to 50 per cent higher and working hours are more reasonable. As a result, an increasing number of UK doctors and nurses are emigrating to Australia under the skilled immigration visas.

(Sources:
http://www.workpermit.com/news/2015-11-25/australian-skilled-immigration-uk-doctors-leaving-for-australia)