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V1001 – Immigration System Bill 2016 Watch

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    V1001 – Immigration System Bill 2016, TSR UK Independence Party
    Immigration System Bill 2016
    A
    BILL
    TO

    This Act aims to regulate immigration and overhaul the visa system, simplifying the United Kingdom's current system and adopting simpler, a more tightly controlled system as seen in Australia for non-EU, and non-select country migrants.

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-


    CHAPTER I
    Powers of Secretary of State

    1 Entry into the United Kingdom of Great Britain and Northern Ireland

    (1) A person under this Act has the right of abode in the United Kingdom if—
    (a) The person is a British citizen; or
    (b) A Commonwealth citizen who has fulfilled the requirements laid out in this act.
    (2) Where a person is not a British citizen he shall not enter the United Kingdom unless given leave to do so in accordance with the provisions of this act.
    (3) If a person given limited leave to enter or remain in the United Kingdom, leave to enter or remain in the United Kingdom may be subject to all or any of the following conditions:
    (i) A condition restricting their employment or occupation in the United Kingdom (For example, people of visitor visas cannot work in the United Kingdom);
    (ii) A condition requiring them to maintain and accommodate themselves, and any dependants of his, without recourse to public funds unless in the case of the United Kingdom fulfilling its requirement laid out by the United Nations in regard to refugees;
    (iii) A condition requiring them to register with the police.
    (iv) A condition requiring them to report to an immigration officer or the Secretary of State until said person has been in the United Kingdom for 5 years; and
    (v) A condition about residence stipulating their length of stay or similar.
    (4) A person who is not a British citizen is liable to deportation from the United Kingdom if;
    (a) The Secretary of State, with the recommendation of a judge, deems their deportation to be conducive to the public good; or
    (b) Another person to whose family they belong is or has been ordered to be deported (several visas allow family to come to enter the United Kingdom along with the worker. As a result the family have the same immigration system as the family member. This applies to visas where family were included on the application only)
    (c) Deportation has been ordered by a judge.
    (d) A person who is not a British citizen shall also be liable to deportation from the United Kingdom if, after the age of eighteen, they are convicted of an offence and/or their conviction is recommended for deportation by a court empowered by this Act to do so.
    (5) When any question arises whether or not a person is a British citizen, it shall lie on the person asserting it to prove that he is.
    (6) A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of two or more of the following;
    (a) A United Kingdom passport describing them as a British citizen,
    (b) A United Kingdom passport describing them as a British subject with the right of abode in the United Kingdom,
    (c) An ID card issued under the provisions of the UK Borders Act 2007 and the Borders, Citizenship and Immigration Act 2009 describing them as a British citizen,
    (d) An ID card issued under that Act describing them as a British subject with the right of abode in the United Kingdom.

    2 Leave to Enter and Remain in United Kingdom

    (1) The Secretary of State may make further provision with respect to the giving and refusal of leave to enter the United Kingdom.
    (2) The Secretary of State can provide;
    (a) Leave to be given or refused before the person concerned arrives in the United Kingdom;
    (b) The manner in which leave may be given or refused in regards to cases of criminality, terror or inciting behaviour.
    (c) The imposition of conditions specific to the individual.
    (3) The Secretary of State may provide in circumstances;
    (a) An entry visa.
    (b) Other form of entry clearance.

    3 Administration

    (1) The power under this Act to give or refuse leave to enter the United Kingdom shall be exercised by immigration officers reporting to the United Kingdom Border Force under the command of the Home Office and the Home Secretary. The power in this act may also be used by the Home Secretary.

    4 Deportation

    (1) Where a person does not meet the grounds of (1) they shall be liable to deportation. The Secretary of State or court ruling may make a deportation order against them, that is to say an order requiring them to leave and prohibiting them from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given to them before the order is made or while it is in force.
    (2) A deportation order against a person may at any time be revoked by a further order of the Secretary of State.
    (3) A deportation order may be made against a person as belonging to the family of another person who has been deported no matter how much time has elapsed since the other person left the United Kingdom.
    (4) In the case of the person obtaining British citizenship before being deported, the deportation order will stand if British citizenship was granted after deportation proceedings have finalised.
    (5) Persons who have a deportation order pending against them will not be allowed to start application for British citizenship.
    (6) Persons who are subject to a deportation order shall be detained until they are deported.
    (7) Where a person is subject to deportation from order issued by the Home Secretary, legal courts will not be able to block the deportation. This only applies in extreme cases in regards to the deportation of convicted murderers, rapists and terrorists (a conviction by a United Kingdom court by a jury is required).


    CHAPTER II
    Conditions for Entry

    Section 1 – Permanent Residence

    1 Clarifications and Allowances

    (1) A permanent resident in the United Kingdom shall be a person who has indefinite leave to live and work in the United Kingdom in the same way as British citizens.
    (2) A person’s indefinite leave in the United Kingdom may be revoked at any time by the Secretary of State.
    (3) Initially, a maximum of 100,000 permanent resident visas may be issued per year for applicants citizens of countries outside the USA, Canada, New Zealand, and Australia.
    (a) People of exceptional ability will be exempt from this cap. Exceptional ability is used to refer to applicants possessing skills in short supply in Britain. Skills will be determined by the Home Office.
    (4) All persons seeking permanent residence in the United Kingdom shall pass an English language test set by the Home Office. The cost for sitting the English language test shall be placed upon the applicant. The English language test shall not be needed in the following countries;
    (a) Australia
    (b) United States of America
    (c) New Zealand
    (d) Canada
    (i) If education under 18 years of age was completed in English.
    (5) The Home Office is the government agency that controls visa numbers. The annual limits for visa numbers are open to change.
    (6) All applicants must undergo a health examination as laid out in Section 13 subsection 4.

    2 Family Based

    (1) Immediate relatives of British citizens do not have to wait for a visa to become available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives are;
    (i) Parents of British citizens
    (ii) Spouses of British citizens
    (iii) Unmarried children under the age of 18 of a British citizen
    (b) Relatives of a British citizen not included in 2.1 may have to wait for a visa to become available before applying for permanent residency. This category is limited to;
    (i) Spouses of permanent residents and the unmarried children (under the age of 18) of permanent residents
    (ii) Unmarried sons and daughters (18 years or age or older) of permanent residents
    (iii) Married sons and daughters of British citizens, their spouses and their minor children
    (iv) Brothers and sisters of adult British citizens, their spouses and their minor children

    3 Job or Employment Based

    (1) People who want to become immigrants based on employment or a job offer may apply for permanent residence. Permanent resident visas in this category are subject to the numerical limit placed on permanent resident visas.
    (2) People applying under this category are ranked based upon abilities. The people eligible and rankings are as followed;
    (i) First Preference: Priority Workers, including foreign nationals with extraordinary abilities, outstanding professors and researchers, and certain multinational executives and managers.
    (ii) Second Preference: Members of professions holding an advanced degree or persons of exceptional ability.
    (iii) Third Preference: Skilled Workers, professionals and other qualified workers
    (iv) Fourth Preference: Certain special immigrants comprising diplomatic support roles. Foreign diplomats will automatically be issued a visa and do not need to fulfil normal requirements citing reciprocal agreements as signed under United Nations.
    (v) Fifth Preference: Employment creation immigrants (investors or entrepreneurs).

    4 Refuge and Asylum Status

    (1) A person admitted to the United Kingdom as a refugee or the qualifying spouse or child of a refugee, is required to apply for permanent residence 2 years after his entry into the United Kingdom in the status as a refugee or asylum seeker.
    (2) A person granted asylum in the United Kingdom or is a qualifying spouse or child of an asylum seeker is required to apply for permanent residence 2 years after the grant of asylum status.
    (3) The United Kingdom shall deny entry to any refugee if it cannot be proven that the purported 'refugee' in question is an actual refugee and not an economic migrant.
    (4) The United Kingdom reserves the right to deport any and/or deny entry to any refugee at any point in time during the refugee's stay in the United Kingdom if the refugee in question is determined to be a threat to the well-being, safety and security of the United Kingdom by any UK Border Agency official or any police officer.
    (5) The United Kingdom reserves the right to deny any refugee if the first port of call of the refugee in question (from the country which the refugee originally fled from, and the country that rendered him a refugee) is not the United Kingdom.

    5 Member of the Armed Forces

    (1) Individuals who have served in the British armed forces for a minimum of 4 years.
    (2) Individuals who are on active duty in the British armed forces and have re-enlisted taking duty service over the minimum of 4 years.
    (3) The spouse and unmarried children of British armed forces personnel may be included in the immigration petition.
    (4) Applicants must fulfil 5.1, 5.2 and 5.3 to be eligible to apply.

    6 Special Cases

    (1) The Home Secretary may grant a permanent resident visa to any foreign nationals who do not fit the above categories.

    7 Finances

    (1) All permanent residents must have a minimum of £10,000 to support themselves upon entry, or;
    (2) be financially supported by family members who are resident in the United Kingdom, or;
    (3) have an offer of a job ready to be started within 3 months of arrival.
    (4) All permanent residents with a verified job offer and contract may enter with a minimum of £10,000.
    (5) Evidence of the following is required to provide evidence of funds for self-support. Evidence includes the following;
    (i) Employment Contract
    (ii) Bank Statement
    (ii) Letter from a financial institution confirming the financial position of the applicant.

    8 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    9 Inadmissibility

    (1) The following may cause a permanent visa application to be void;
    (a) Health related medical problems of the applicant or the applicant's family. The applicant's family may have medical problems if the applicant can demonstrate means of funding private medical care for their family member.
    (b) Criminal record
    (c) National security-related concerns.
    (2) In extreme cases, visa requests may be cancelled and/or refused due to other factors not listed here and at the discretion of the Home Office.


    CHAPTER III
    Applying for CHAPTER IV Visas
    1 Basic Qualifications

    (1) All applicants must be under 120 years old.
    (2) Score 6 or above in all categories on the International English Language Testing System (IELTS).
    (a) Applicants who are citizens of a country where English is the official language do not need to score on the IELTS.
    (3) Possess post-secondary education qualifications or certified trade skills in an occupation on the British Immigration Skilled Occupation List (BISOL).
    (4) Must be employed in an occupation on the skilled occupation list for at least 24 months in the last 36 months.
    (5) Unless a job offer is confirmed for an occupation listed on the BISOL, all applicants must;
    (a) Have sufficient funds to cover 12 months’ healthcare for themselves and all individuals listed on the visa applications.
    (b) Have £10,000 in savings.

    2 Points Qualification

    (1) If the applicant is;
    (a) 18 – 24 years old, the applicant will receive 25 points.
    (b) 25 – 32 years old, the applicant will receive 30 points.
    (c) 33 – 39 years old, the applicant will receive 25 points.
    (d) 44 – 44 years old, the applicant will receive 15 points.
    (e) 45 – 50 years old, the applicant will receive 0 points.
    (f) over 50 years old, the applicant will receive -20 points.
    (2) If the applicant;
    (a) scored 8 on the majority of the four IELTS components the candidate will receive 20 points.
    (b) scored 7 on the majority of the four IELTS components the candidate will receive 10 points.
    (c) scored 6 on the majority of the four IELTS components the candidate will receive 0 points.
    (d) is exempt from taking IELTS, the candidate will receive 20 points.
    (3) If the applicant has worked in their nominated occupation or a closely related occupation for;
    (a) 3 years to 5 years the applicant will receive 10 points.
    (b) 5 years to 8 years the applicants will receive 15 points.
    (c) 8 years or more the applicant will receive 20 points.
    (d) If the applicant possesses a skill listed on;
    i. The vital BISOL the applicant will receive 5 points in addition to points received in 2(3)a/b/c.
    ii. The extended BISOL the applicant will receive 0 points in addition to points received in 2(3)a/b/c.
    (4) If the applicant holds;
    (a) One or more British diplomas or trade qualifications the applicant will receive 10 points.
    (b) An award or qualification recognised by the assessing authority in assessment of my nominated skilled occupation, the applicant will receive 10 points.
    (c) An undergraduate degree the applicant will receive 15 points.
    (d) A masters degree the applicant will receive 20 points
    (e) A doctorate degree the graduate will receive 30 points.
    (f) None of the above the applicant will receive 0 points.
    (5) If the applicant;
    (a) Has studied in the United Kingdom within the last 10 years for more than three years the applicant will receive 10 points
    (b) Has completed a professional study or working exchange programme in the United Kingdom within the last 5 years the applicant will receive 5 points.
    (6) If the applicant is fluent to the level of professional translator/interpreter as set out by the British Institute of Translation and Interpreting, as demonstrated by successful completion of the Qualified Translator Exam, in; Afrikaans, Arabic (including Lebanese), Chinese-Cantonese, Chinese-Mandarin, French, German, Greek, Hindi, Japanese, Portuguese, Russian, Spanish. The applicant will;
    (a) Receive 10 points for qualified ability in French, Spanish, Chinese-Cantonese, Chinese-Mandarin, or Japanese.
    (b) Receive 5 points for qualified ability in another language.
    (7) If the applicant has served in the British Armed forces for;
    (a) 3 years to 5 years the applicant will receive 10 points.
    (b) 5 years to 8 years the applicant will receive 15 points.
    (c) 8 years or more the applicant will receive 20 points.
    (8) If the applicant has funds to invest;
    (a) £10,000,000 in the United Kingdom the applicant will receive 15 points.
    (b) £5,000,000 in the United Kingdom the applicant will receive 10 points.
    (c) £1,000,000 in the United Kingdom the applicant will receive 5 points.
    (d) Below £1,000,000 in the United Kingdom the applicant will receive 0 points.

    3 Requirements for Qualification

    (1) All applicants must qualify under section '1 Basic Qualifications' to qualify for a current UK visa listed in 3(2)
    (2) All applicants from outside select countries must achieve a minimum total of 65 points under section 2 Points Qualification to apply for a CHAPTER IV visa.
    (a) Applicant from select countries do not need to meet the requirements in CHAPTER III.

    4 British Immigration Skilled Occupation List (BISOL)

    (1) The vital BISOL will be drawn up annually by the Home Office to include the skills where Britain has a shortage.
    (2) The BISOLs shall include the most vital skills from the selection in 4(4).
    (3) Both BISOLs will be annually review by the Home Office to add, or remove skills listed.
    (4) The extended BISOL will include;
    (a) Construction Project Manager, Project Builder, Engineering Manager, Production Manager(Mining), Child Care Centre Manager, Medical Administrator, Nursing Clinical Director, Primary Health Organisation Manager, Welfare Centre Manager,Accountant (General), Management Accountant, Taxation Accountant, External Auditor, Internal Auditor, Actuary, Land Economist, Valuer, Ship's Engineer,Ship's Master, Ship's Officer, Architect, Landscape Architect, Cartographer,Other Spatial Scientist, Surveyor, Urban and Regional Planner, Chemical Engineer, Materials Engineer, Civil Engineer, Geo technical Engineer, Quantity Surveyor, Structural Engineer, Transport Engineer, Electrical Engineer, Electronics Engineer, Industrial Engineer, Mechanical Engineer, Production or Plant Engineer, Mining Engineer (Excluding Petroleum), Petroleum Engineer, Aeronautical Engineer, Agricultural Engineer, Biomedical Engineer, Engineering Technologist, Environmental Engineer, Naval Architect, Agricultural Consultant, Agricultural Scientist, Forester, Medical Laboratory Scientist, Veterinarian, Metallurgist, Physicist (Medical Physicist only), Early Childhood (Pre-Primary School) Teacher, Secondary School Teacher, Special Needs Teacher, Teacher of the Hearing Impaired, Teacher of the Sight Impaired, Special Education Teachers, Medical Diagnostic Radiographer, Medical Radiation Therapist, Nuclear Medicine Technologist, Sonographer, Environmental Health Officer, Occupational Health and Safety Advisor, Optometrist, Hospital Pharmacist, Retail Pharmacist,Chiropractor, Osteopath, Dental Specialist, Dentist, Occupational Therapist, Physiotherapist, Podiatrist, Speech Pathologist, General Medical Practitioner, Anaesthetist, Specialist Physician (General Medicine), Cardiologist, Clinical Haematologist, Medical Oncologist, Endocrinologist, Gastroenterologist, Intensive Care Specialist, Neurologist,Paediatrician, Renal Medicine Specialist, Rheumatologist, Thoracic Medicine Specialist, Specialist Physicians, Psychiatrist, Surgeon (General), Cardiothoracic Surgeon, Neurosurgeon, Orthopaedic Surgeon, Otorhinolaryngologist, Paediatric Surgeon, Plastic and Reconstructive Surgeon, Urologist, Vascular Surgeon, Dermatologist,Emergency Medicine Specialist, Obstetrician and Gynaecologist, Ophthalmologist,Pathologist, Diagnostic and Interventional Radiologist, Radiation Oncologist,Medical Practitioners, Midwife, Nurse Practitioner, Registered Nurse (Aged Care), Registered Nurse (Child and Family Health), Registered Nurse (CommunityHealth), Registered Nurse (Critical Care and Emergency), Registered Nurse(Development Disability), Registered Nurse (Disability and Rehabilitation), Registered Nurse (Medical), Registered Nurse (Medical Practice), Registered Nurse (Mental Health), Registered Nurse (Perioperative), Registered Nurse (Surgical), Registered Nurse, ICT business Analyst, Systems Analyst, Analyst Programmer, Developer Programmer, Software Engineer, Computer Network and Systems Engineer, Telecommunications Engineer, Telecommunications Network Engineer, Barrister, Solicitor, Clinical Psychologist, Educational Psychologist, Organisational Psychologist, Psychotherapist Psychologists, Social Worker, Civil Engineering Draftsperson, Civil Engineering Technician, Electrical Engineering Draftsperson, Electrical Engineering Technician, Radio Communications Technician, Telecommunications Field Engineer, Telecommunications Network Planner, Telecommunications Technical Officer or Technologist, Automotive Electrician, Motor Mechanic (General), Diesel Motor Mechanic, Motorcycle Mechanic, Small Engine Mechanic, Sheetmetal Trades Worker, Metal Fabricator, Pressure Welder, Welder (First Class), Aircraft Maintenance Engineer (Avionics), Aircraft Maintenance Engineer (Mechanical), Aircraft Maintenance Engineer (Structures), Fitter(General), Fitter and Turner, Fitter-Welder, Metal Machinist (First Class), Locksmith,Stonemason, Carpenter and Joiner, Carpenter, Joiner, Painting trades workers, Glazier,Fibrous Plasterer, Solid Plasterer, Plumber (General), Airconditioning and Mechanical Services, Plumber, Drainer, Gasfitter, Roof plumber, Electrician(General), Electrician (Special Class), Lift Mechanic, Air conditioning and Refrigeration Mechanic, Electrical Linesworker, Technical Cable Jointer, Electronic Equipment Trades Worker, Electronic Instrument Trades Worker (General), Electronic Instrument Trades Worker (Special Class), Boat Builder and Repairer, Shipwright,Dental Hygienist, Dental Prosthetist, Dental Technician and Dental Therapist.

    5 Interpretations

    (1) In this bill nominated occupation refers to the occupation listed on the visa application for a CHAPTER IV Visa.
    (2) In this bill closely related occupation refers to an occupation in the same field as the nominated occupation which the applicant could work in without any necessary retraining or re-qualification.
    (3) In this bill select country refers to a country in the European Economic Area, USA, Canada, New Zealand, Australia, and British Overseas Territories.


    CHAPTER IV
    Temporary Visas
    Section 1 – Long-Term Working Visa

    1 Clarifications and Allowances

    (1) A long-term working resident in the United Kingdom shall be a person who has leave to live and work in the United Kingdom in the same way as British citizens for a set period of time. The time will be no longer than 5 year and shall be decided upon application by the Home Office.
    (2) A person’s leave in the United Kingdom may be revoked at any time by the Secretary of State.
    (3) Initially, a maximum of 50,000 long-stay visas may be issued per year.
    (4) All persons seeking long-term work in the United Kingdom shall pass an English language test set by the Home Office. The cost for sitting the English language test shall be placed upon the applicant. The English language test shall not be needed in applicants from countries where English is the first official language.
    (5) The Home Office is the government agency that controls visa numbers. The annual limits for visa numbers are open to change.
    (6) The United Kingdom shall not issue any visas as long as it is a member of any political union that hinders, or has the ability to hinder the United Kingdom's ability to deny entrants access to the United Kingdom for any or no reason, by 2018.
    (7) The holder of a visa is required to leave the United Kingdom at their own cost before the visa expires.
    (8) The visa allows the holder to bring immediate family members (spouse, children and dependent family members) into the United Kingdom for the duration of the visa.
    (9) The United Kingdom shall ensure that it issues at least 100 visas every year after 2018, and shall do so in compliance of all legislative provisions.
    (10) A work contract must be presented during the first step of application.
    (11) Each visa will be issued for a variable but set length of time depending upon the applicant’s contract and method of application.

    2 Financial Support

    (1) All applicants must meet the financial support boundaries laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the health insurance requirements laid out in Section 13 subsection 3.

    4 Health Examination

    (1) All applicants must undergo a full health examination laid out in Section 13 subsection 4.

    5 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    6 Exchange Stream – Method for Application (1)

    (1) The applicant sponsored by an approved long stay activity sponsor (who has a staff exchange agreement in place with an overseas organisation) or an approved exchange sponsor.
    (2) The applicant has been nominated by an approved long stay activity sponsor who is a party to an exchange agreement or an approved exchange sponsor to fill a skilled position.
    (3) The applicant has the necessary skills and/or experience for the nominated skilled position
    (4) The exchange benefits both you and the British citizen or British permanent resident who will be working in the reciprocating organisation overseas
    (5) The staff exchange arrangement between your sponsor and the overseas organisation is still in place.

    7 Sport Stream – Method of Application (2)

    (1) The applicant is sponsored by a sporting organisation that has been approved as a long stay activity sponsor or a sport sponsor
    (2) The applicant is nominated to;
    (a) Participate in a specific event or series of events as an individual, as part of a team or as a team’s support staff (support staff includes people assisting a competitor, a team, or a British citizen or permanent resident who is known internationally and who has a record of participation in international events)
    (b) Play, coach or instruct for a sporting club for a season (you must have a contract and an established reputation in your field of sport)
    (c) Judge or adjudicate a sporting competition or talent show.
    (3) If the nominated activity requires a formal agreement to be in place between you and your sponsor, the agreement must still be in place.
    (4) The applicant is not eligible for this visa if you are a Taiwanese national claiming to represent Taiwan, China or the Republic of China as a participant in a sporting event in the United Kingdom due to human rights abuses surrounding the training of athletes.
    (5) The requirements for the Sport stream depend on the sporting activity;
    (a) Competitors;
    (i) The applicant is registered in a sporting event.
    (b) Contracted players, coaches or instructors;
    (i) There must be a contractual arrangement in place.
    (ii) The applicant must have an established reputation in your field of sport
    (iii) The United Kingdom national sporting body must provide a letter of endorsement stating the applicant:
    1. Has the ability to play, coach or instruct at the British national level
    2. Will benefit the sport in the United Kingdom through the applicant’s participation in that sport.
    (c) Judges and adjudicators written invitation identifying the events.
    (d) Support staff must have a contractual arrangement in place with an eligible team or team based in the United Kingdom.

    8 Domestic Worker (Executive) – Method of Application (3)

    (1) The applicant is sponsored by an approved long stay activity sponsor who is either:
    (a) A foreign government agency that is the employer of the holder of a Temporary Work (International Relations) visa in the Privileges and Immunities stream who is the national managing director, deputy national managing director or state manager in a British office of the agency.
    (b) A foreign organisation that is lawfully operating in the United Kingdom.
    (2) The applicant is nominated to do full-time domestic work in the private household.
    (3) The applicant is over the age of 18.
    (4) The applicant has work experience as a domestic worker.
    (5) The applicant’s long stay activity sponsor has been unable to find a suitable person in the United Kingdom for the nominated position (labour market testing is required unless there are compelling reasons for employing you).
    (6) The applicant is employed in accordance with the standards for wages and working conditions under relevant British legislation.
    (7) Applicants applying for this visa cannot have last held a Temporary Work (International Relations) visa.

    9 Including Family

    (1) The applicant may include the following people in your visa application;
    (a) Partner (married or de facto)
    (b) Applicant’s or applicant’s partner’s dependent children.
    (c) Other dependent relatives.
    (2) All family members must pass the requirements for the health examination and character examination.
    (3) All family members must be sponsored and able to demonstrate they have the same levels of financial support and health insurance of applicant.
    (4) Family members must not work during their stay.
    9: State Welfare
    (1) The applicant or the applicant’s family will not be entitled to state welfare for the duration of their stay unless;
    (a) The applicant’s stay has been longer than 5 years in which the applicant has been paying income tax and national insurance.

    Section 2 – Short-Term Working Visa

    1 Clarifications and Allowances

    (1) The Short-Term Working Visa is a temporary visa that lets the applicant enter the United Kingdom to:
    (a) Stay in the United Kingdom while your visa is valid (up to three months)
    (b) Bring family with them to the United Kingdom if included in visa application.
    (c) Conduct the work or activity for which the applicant was granted the visa, which will usually be either:
    (i) Short-term, highly specialised, non-ongoing work.
    (ii) Participation in non-ongoing cultural or social activities at the invitation of a British organisation.
    (2) The participant will be able to travel to and from the United Kingdom as many times as wished while the visa is valid. The visa will only be valid during the period of stay that has been granted, and this will commence from the date of first entry into the United Kingdom under the visa. Re-entering the United Kingdom does not start a new period of stay.

    2 Financial Support

    (1) When in the United Kingdom the holders of short-term working visas are required to meet the financial support requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test laid out in Section 13 subsection 1.

    5 Limitations

    (1) Work or activity must be non-ongoing. This means that you can finish it in three months or less. Arrangements must not be made to remain in the United Kingdom for a period of time longer than prescribed on initial application.

    6 Highly Specialised Work – Method of Application (1)

    (1) Applicants can apply for this visa to do short-term, highly specialised, non-ongoing work in the United Kingdom if the applicant has specialised skills, knowledge or experience that both;
    (a) Assist British businesses
    (b) Cannot reasonably be found in the British labour market.
    (2) Highly specialised work is usually work that either:
    (a) Done by people with an occupation listed in Major Groups 1, 2 or 3 of the Skilled Work Classification List (See section 11).
    (b) Requires skills and knowledge that are specific to an international company, such as installing imported equipment, after-sales service or emergency repairs.

    7 Invited Participants – Method of Application (2)

    (1) Applicants can apply for this visa if you have been invited by an organisation to participate in an event or events on a non-ongoing basis. The inviting organisation must be both;
    (a) Operating lawfully in the United Kingdom.
    (b) Directly responsible for the event or have a formal role in preparing for or conducting it.
    (2) The applicant cannot accept any salary, wages or other remuneration for participating in the event, other than:
    (a) Appearance fees
    (b) Prize money
    (c) Reimbursement for expenses in conducting the work.
    (d) Payments from a non-United Kingdom employer.
    (3) An applicant can apply for this visa if the applicant is, for example, a sports person participating in specific events or touring as part of a sports team, a public lecturer, an artist, an author or a photographer.
    (4) This visa is not intended for business people attending a conference or taking part in meetings or business negotiations.

    8 Emergency Workers and Exceptional Circumstances – Method of Application (3)

    (1) In very limited circumstances, this visa may be granted to do so is in the United Kingdom’s national interest. In these cases, the department needs to be satisfied that the activity identified in the visa application is of national significance. For example;
    (a) This visa could be granted to emergency workers to come to the United Kingdom after a natural disaster.

    9 Including Family

    (1) The applicant may include the following people in your visa application;
    (a) Partner (married or de facto)
    (b) Applicant’s or applicant’s partner’s dependent children.
    (c) Other dependent relatives.
    (2) All family members must pass the requirements for the health examination and character examination.
    (3) All family members must be sponsored and able to demonstrate they have the same levels of financial support and health insurance of applicant.
    (4) Family members must not work during their stay.
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    10 State Welfare

    (1) The applicant or the applicant’s family will not be entitled to state welfare for the duration of their stay.

    11 Skilled Work Classification List
    Major Group 1 – Managers
    Major Group 2 – Professionals
    Major Group 3 – Technical and Trade Workers
    Major Group 4 – Community Workers
    Major Group 5 – Clerical and Administrative Workers
    Major Group 6 – Sales Workers
    Major Group 7 – Machine Operators and Drivers
    Major Group 8 – Labourers

    Section 3 – Seasonal Working Visa

    1 Clarifications and Allowances

    (1) The Seasonal Working Visa is a temporary visa that allows you to participate in the Seasonal Worker Program.
    (2) The applicant must be invited to participate in the program by an approved special program sponsor.
    (3) The applicant must be outside the United Kingdom when applying for the visa.
    (4) The Seasonal Working Visa allows the participant to;
    (a) Work in the United Kingdom for up to 4 months.
    (b) Remain in Britain for up to 5 months.
    (c) Enter and leave the United Kingdom while the visa is valid.
    (d) Work for a sponsor;
    (i) Anywhere in the United Kingdom if working in horticulture.
    (ii) In limited locations in tourism (accommodation), agriculture, aquaculture, environmental work.

    2 Financial Support

    (1) All applicants must meet the requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    5 State Welfare

    (1) The applicant or the applicant’s family will not be entitled to state welfare for the duration of their stay.

    Section 4 – Temporary Entertainer Working Visa

    1 Clarifications and Allowances

    (1) The Temporary Entertainer Working Visa allows the applicant to work in the United Kingdom in the entertainment industry. The applicant can work in film, television or live productions in either a performance or behind-the-scenes role, such as directing, producing and other production roles.
    (2) This visa may be obtained if the applicant;
    (a) Works in the entertainment industry.
    (b) Is nominated by an approved entertainment sponsor (or by someone who has applied to be an entertainment sponsor).
    (c) Has the experience or skills needed for the nominated position.
    (d) Have enough financial support for himself and his family whilst in the United Kingdom.
    (e) Meets health and character requirements.
    (f) Holds health insurance and financial means to support him and any family members brought into the United Kingdom under the same visa application.
    (3) The visa is valid for a maximum of eight months.

    2 Financial Support

    (1) All applicants must meet the requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    5 Steps of Application

    (1) Sponsorship – a British organisation, government agency, foreign government agency or eligible individual applies to become an Entertainment sponsor.
    (2) Nomination - the Entertainment sponsor nominates you to undertake a position.
    (3) Application – The applicant applies for a Temporary Entertainer Working Visa.
    6: State Welfare
    (1) The applicant or the applicant’s family will not be entitled to state welfare for the duration of their stay.

    Section 5 –Working Holiday Visa

    1 Clarifications and Allowances

    (1) Hold a valid passport from an approved country (see section 8).
    (2) Have turned 18 years of age but have not yet turned 31.
    (3) Applicants must be a genuine visitor who wants to have a holiday in the United Kingdom.
    (4) Have enough money to support yourself on a working holiday. A minimum of £3500 is required.
    (5) Applicants must have enough money to buy a return or onward travel ticket at the end of their stay.
    (6) Applicants must not be accompanied by dependent children or family dependent family members at any time during their stay.

    2 Financial Support

    (1) All applicants are must meet the requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    5 Health Examination

    (1) The majority of applicants must undergo a health examination during the visa application process.

    6 State Welfare

    (1) State welfare is not to be claimed.

    7 Participating Countries

    (1) Eligible countries are: All EU countries, Australia, Canada, British National Overseas passport holders, New Zealand, USA.
    (2) This list will be continually updated by the Home Office.

    Section 6 – Skilled Graduate Working Visa

    1 Clarifications and Allowances

    (1) The Skilled Graduate Visa allows recent engineering graduates of recognised institutions to gain up to 18 months of skilled work experience.
    (2) Applicants must be younger than 31 years of age.
    (3) Applicants must have completed an engineering degree at a recognised institution within the last two years.
    (4) Whilst in the United Kingdom, graduate may enrol in further professional studies, work, and travel, and to improve English speaking skills.
    (5) Applicants must demonstrate efficiency in conversational English language during an interview to be conducted at the embassy or consulate in the applicant’s home country.
    (6) Applicants must also pass an English language test to be sat at their own expense.

    2 Degree Qualification

    (1) In the two years before you apply, applicants must have completed one of the following qualifications in engineering:
    (a) Bachelor’s degree
    (b) Master’s degree
    (c) Doctoral degree
    (d) Postgraduate diploma
    (2) The qualification must contain a major sequence of study or specialisation in engineering, such as:
    (a) Civil engineering
    (b) Structural engineering
    (c) Chemical engineering
    (d) Environmental engineering
    (e) Electrical and electronics engineering
    (f) Mechanical, manufacturing and plant engineering
    (g) Mining and material engineering.

    3 English Language Requirements

    (1) If you are a citizen of Australia, A British Overseas Territory, New Zealand, the United States of America or the Republic of Ireland or you hold a valid passport from one of those countries, you are considered to meet the English language requirement for this visa.
    (2) Otherwise, applicants must achieve a score of at least 6 in each of the four components of the International English Language Testing System (IELTS) or another language test and score specified by the Home Office. Applicants must complete the test before applying.

    4 Financial Support

    (1) All applicants must meet the requirements laid out in Section 13 subsection 2.

    5 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    6 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    Section 7 – Crew Travel Authority Visa

    1 Clarifications and Allowances

    (1) A Crew Travel Authority is an electronic immigration record against which the legal authority of international airline crew members to enter the United Kingdom can be checked electronically through the Advance Passenger Processing system before their flight to the United Kingdom. Crew members travel to and enter the United Kingdom on their Special Purpose visas.
    (2) International airline flights include commercial passenger flights, chartered passenger flights, and freight or cargo flights.

    2 Eligibility

    (1) Airline crew members are taken to hold a Special Purpose visa for 30 days beginning when they disembark from the aircraft provided they hold:
    (a) A valid passport
    (b) An airline identity card
    (c) They must also be included in a list of crew members provided to the Home Office by or for the carrier that operates the aircraft.
    (2) Airline positioning crew must have:
    (a) A valid passport
    (b) A letter from their employer certifying that they are an aircrew member, setting out the purpose of their travel and the arrangements for them to leave the United Kingdom.
    (3) Aircraft safety inspectors are taken to hold a Special Purpose visa for 30 days beginning when they disembark from the aircraft provided they hold:
    (a) A valid passport
    (b) And either;
    (i) A valid government identity document showing that they are employed by a foreign government, or;
    (ii) An International Civil Aviation Organization (ICAO) Safety Inspector Certificate.

    3 Registration

    (1) The airline carrier must register all crew operating routes into the United Kingdom for a Crew Travel Authority visa.

    Section 8 – Transit Visa

    1 Clarifications and Allowances

    (1) This visa lets the applicant and the applicant’s dependent children transit through the United Kingdom for no longer than 72 hours.
    (2) All applicants must have a valid passport.

    2 Financial Support

    (1) All applicants must meet the requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Exceptions

    (1) People remaining in the airport without passing immigration to enter the United Kingdom do not need any visa. These people may remain in the airport waiting for an outbound flight for up to 7 days.
    (2) Any stay over 7 days will require a visitor visa to be applied for.

    Section 9 – Visitor Visa

    1 Clarifications and Allowances

    (1) This visa lets the applicant to visit the United Kingdom for up to 3, 6, 9 or 12 months.
    (2) Each visa is applied for a set period in multiple of 3 months for a maximum of 12 months.
    (3) To be eligible the applicant must;
    (a) Be a visitor
    (b) Be visiting for business activities
    (c) Be visiting family
    (d) On tour with a registered travel agent
    (4) Visitors using this visa must not take part in work.

    2 Financial Support

    (1) All applicants must meet the requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test as laid out in Article 13 section 1.

    5 State Welfare

    (1) The applicant or the applicant’s family will not be entitled to state welfare for the duration of their stay.

    6 Exemptions

    (1) Visitors who are citizens of the following countries or dependent territories do not need a visa to enter the United Kingdom as a visitor. They may take part in the Visa Waiver Programme.
    Andorra, Australia, Austria, Belgium, Brunei, Canada, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Luxembourg, Monaco, Macau, the Netherlands, New Zealand, Norway, Portugal, Republic of Malta, San Marino, Singapore, South Korea, Spain, Sweden, Switzerland, United States of America.
    (2) Citizens of British Overseas Territories do no need a visa or electronic approval to enter the United Kingdom.

    7 Visa Waiver Programme

    (1) People from eligible countries (see section 6) may apply for electronic approval up to 150 days before their travel to the United Kingdom.
    (2) Approval will allow entry into the United Kingdom for up to 100 days.
    (3) All applicants will need machine readable passports.
    (Applicants without a machine readable passport will need to apply for approval via the British Embassy or Commission in their country.

    Section 10 – Education & Higher Education Visa

    1 Clarifications and Allowances

    (1) This visa allows applicants to stay in the United Kingdom to study a full-time higher education course.
    (2) To be eligible applicants must be studying for and enrolled on a course for;
    (a) A bachelor or associate degree
    (b) A graduate certificate or graduate diploma
    (c) A master’s degree by coursework
    (d) A higher education diploma or advanced diploma.
    (e) Be conducting post-graduate research
    (3) This visa will allow students to work and travel freely in the United Kingdom.
    (4) The visa will allow multiple re-entries into the United Kingdom.
    (5) Each student will need to check in with the Home Office every 12 months to reaffirm their study in the United Kingdom.
    (6) Following completion of the course or withdrawal from the course, the student has 2 months to leave the United Kingdom.
    (7) Students looking to complete post-secondary education (16-18) in the United Kingdom may also use this visa.

    2 Financial Support

    (1) All applicants must meet the requirements laid out in Section 13 subsection 2.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    5 State Welfare

    (1) The applicant will not be entitled to state welfare for the duration of their stay.

    Section 11 – Marriage Visa

    1 Clarifications and Allowances

    (1) The Marriage Visa is a temporary visa allowing the applicant to enter the United Kingdom to:
    (a) Marry his or her British citizen spouse.
    (b) Bring dependent children with them to the United Kingdom if included in visa application.
    (c) Remain in the United Kingdom on a visitor basis whilst application for a Permanent Resident visa is underway.
    (d) An alien wishing to marry another alien or wishing to marry a British citizen but not abode in the United Kingdom after may use the Visitor Visa.
    (2) The participant will be able to travel to and from the United Kingdom as many times as wished whilst the visa is valid. The visa will only be valid during the period of stay that has been granted, and this will commence from the date of first entry into the United Kingdom under the visa. Re-entering the United Kingdom does not start a new period of stay.
    (3) The visa is only valid for 12 months.
    (4) This visa does not entitle the holder to work in the United Kingdom.

    2 Financial Support

    (1) When in the United Kingdom the holders of Marriage Visas are required to support themselves and any dependent children who enter with them.
    (2) Evidence of the following is required to provide evidence of funds for self-support. Evidence includes the following;
    (i) Employment Contract
    (ii) Bank Statement
    (ii) Letter from a financial institution confirming the financial position of the applicant.
    (2) Allowances, accommodation and other assistance from the spouse can also be considered when looking at the financial ability to support the applicant.
    (3) The applicant may provide financial information proving his or her spouse will assist in financial support.

    3 Health Insurance

    (1) All applicants must meet the requirements laid out in Section 13 subsection 3.

    4 Character Test

    (1) All applicants are required to undergo a character test as laid out in Section 13 subsection 1.

    5 Including Family

    (1) The applicant may include the following people in your visa application;
    (a) Dependent children.
    (2) All family members must pass the requirements for the health examination and character examination.
    (3) All family members must be sponsored and able to demonstrate financial support and health insurance.

    Section 12: Extra Conditions for Entry

    1 Character Test

    (1) Applicants of applicable visas may be required to undergo a Character Test. Details of requirements needed will be given for the individual visa.
    (2) All applicants are required to undergo a character test. A character test will not be passed if;
    (a) Applicant has a criminal record for a crime which, if carried out in the United Kingdom, would result in longer than 1 year’s jail time.
    (b) Applicant has been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where the applicant had escaped from immigration detention, or if the applicant has been convicted of the offence of escaping from immigration detention.
    (c) The applicant is or has been in association with an individual, group or organisation suspected of carrying out criminal activity.
    (d) There is a significant risk the applicant will engage in criminal conduct in the United Kingdom; or harass, molest, intimidate or stalk another person in the United Kingdom; or vilify a segment of the community in the United Kingdom; or incite discord in the community of the United Kingdom or in a segment of that community; or represent a danger to the community of the United Kingdom or to a segment of that community.
    (e) The applicant has any outstanding debt to the government of the United Kingdom or national governments of Wales, Scotland and Northern Ireland, or local authorities in the United Kingdom. All debts must be repaid before application.

    2 Financial Support

    (1) When in the United Kingdom the holders of applicable visas are required to support themselves and – when applicable - any family members who enter with them.
    (2) Evidence of the following is required to provide evidence of funds for self-support. Evidence includes the following;
    (i) Employment Contract (when applicable)
    (ii) Bank Statement
    (ii) Letter from a financial institution confirming the financial position of the applicant.
    (2) Allowances, accommodation and other assistance from the employer can also be considered when looking at the financial ability to support the applicant.

    3 Health Insurance

    (1) Applicants and holders of certain visas are responsible for their own medical costs for the duration of their stay.
    (2) Applicants will not be covered by the National Health Service unless a reciprocal agreement exists between the two countries.
    (3) Emergency treatment in National Health Service hospitals will be free on the point of receiving but billing will take place before discharge.
    (4) The health insurer may be based in either the home country of the applicant or the United Kingdom.
    (5) Health insurance must be arranged before arrival into the United Kingdom.
    (6) Failure to have health insurance cover will result in entry into the United Kingdom being refused.

    4 Health Examination

    (1) Most visas require applicants to undergo a health examination during the visa application process.
    (2) The level of examination is as follows;
    (a) Applicants staying for a period greater than 12 months must undergo a full medical examination and a chest x-ray by an approved doctor of the British Embassy or Consulate in the applicant’s country.

    Section 13: Extent, commencement, and short title

    (1) This Act extends to the whole of the United Kingdom
    (2) This Act comes into force on the 1st September 2016
    (3) This Act may be cited as the Immigration Act 2016

    Notes
    We need to control our borders. We need to control the quantity and quality of the people who come in, or the UK will become a sinking ship filled with people we do not need. We don't have a country without a border. Without a border, we just don't have a country.
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    No, this bill has flaws in making the bill unworkable, there should have been a second reading before being sent to vote. I do not understand why parties are obsessed with sending items to the Division Lobby when bills can be improved; quality is needed.
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    (Original post by Nigel Farage MEP)
    I do not understand why parties are obsessed with sending items to the Division Lobby when bills can be improved; quality is needed.
    Perhaps you might try working together as a party, or is that too absurd a notion?
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    Amazingly I agree with Nigel. This needed further readings - heck, I needed there to be further readings just to finished reading it. The issue is too complex and the legislation too detailed to be properly scrutinised with so little time. One can only assume that UKIP are trying to run from proper scrutiny and rush their bill through. I expect the consequence will be the failure of this proposal.
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    Bloody immigrants, coming to 'straya, stealin' our points-based systems
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    Why are countries such as Jamaica and India not included in the list alongside the USA and Australia? They were part of the Empire and the commonwealth so I am a bit confused as to why there is no priority for them. I have an inkling why but I would prefer an answer from Nigel Farage MEP
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    Saracen's Fez Apologises for my mistake, please change my aye to a nay
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    nay for the mess in this bill and nay for the principle of it
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    Admittedly, I didn't read it, hence the abstention.
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    (Original post by adam9317)
    Saracen's Fez Apologises for my mistake, please change my aye to a nay
    :yy:

    One Aye has been changed to a No.
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    Saracen's Fez Please change my abstention to a no. I've been informed that this bill is a resubmission based on a RL law.
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    (Original post by Life_peer)
    Saracen's Fez Please change my abstention to a no. I've been informed that this bill is a resubmission based on a RL law.
    One Abstention has been changed to a No.
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    The copy and paste is strong in this one, no,
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    Again with the technical issues. Also a nay.

    Posted from TSR Mobile
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    (Original post by Andy98)
    Again with the technical issues. Also a nay.
    One No has been added for seat 46.
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    Ayes to the right: 4
    Noes to the left: 40
    Abstentions: 4

    The Noes have it! The Noes have it! Unlock!

    Turnout: 96%
 
 
 
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