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

UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

TOP 10 TIPS FOR VISITORS TO THE UK focus Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
Tel: +44 (20) 8461 6660
111 John Street
Suite 800
New York, NY, 10038
Tel: +1 646 378 4406
autumn 10
clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Millions of people visit the UK every year. To help overseas nationals enjoy a trouble-free arrival
We trust this section will prove to be both informative and of Email: info@ Email: usa@
in the UK, the UKBA has listed some important rules that tourists need to remember when they interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
travel here.

Immigration News & Views from Smith Stone Walters

What is a tier 2 (intra-company transfer)?

This type of UK residence

permission relates to
The length of permitted stay in the UK depends on the sub-category and the
applicant’s current location.
Interim limit on IN THIS ISSUE
employees of multi-national
the points-based editorial:
Useful Information

01 Interim limit on the points-based

companies whose overseas Sub-category Where are you applying Maximum length of stay system’s tier 2 (general) goes live
employers transfer them to a
UK branch of the organisation,
either on a long-term basis or Established staff
from?
Outside the UK Three years plus one
system’s tier 2 02
latest news:
Tier 1 (general) of the points-
based system – a monthly limit
for frequent short visits. These
have three sub-categories:
month. Workers can then
seek to extend their stays
another two years.
(general) goes live Secure English language tests
for tier 4 – now mandatory
Refusals based on maintenance
01 If you need a visa to visit the UK, apply for it with plenty of time in advance. Established staff – this route is (funds) requirement deemed
Established staff Inside the UK (switching Under transitional unlawful
for the transfer of established,
02 If you’ve received a visa you must keep to the conditions attached to it. Employment is from a work permit) arrangements, workers can Number count: tier 2 certificates
skilled employees to a UK branch seek permission to stay for 03
prohibited, and you must leave the UK before it expires. of sponsorship
of their organisation to fill a a further two years, or for New English language testing
post that cannot be filled by a a period that will take their for partners
03 Your passport must be valid for the duration of your stay in the UK, and it must contain a settled worker. total time in the UK to five Right to work evidence – an
page that is blank on both sides. years.** expired passport
Graduate trainee – this route
allows the transfer of recent useful information:
04 Providing false or misleading information to UKBA officers upon entering the UK may result
Graduate trainee Outside the UK 12 months 04 Top 10 tips for visitors to the uk
graduate recruits to a UK branch
in your being refused entry, a severe penalty, or both. of their organisation for training Skills transfer Outside the UK Six months focus on:
05 What is a tier 2 (intra-company
purposes. transfer)?
05 Just because an item is on sale in another country does not automatically mean that you ** Migrant workers who applied under the Tier 2 (intra-company transfer) category before 6 April
can bring it into the UK, so you need to be aware of the rules in regard to restricted or Skills transfer – this route allows 2010, or switched into that category from being an intra-company transferee work permit holder,
are eligible to apply for settlement when they have been resident in the UK for five years.
banned items. You are not allowed to bring endangered animals and plants, including the transfer of new recruits to a
products made from them, into the UK unless you have a permit. UK branch of their organisation to
acquire the skills and knowledge
that they will need overseas or
06 Do not bring counterfeit goods, drugs, offensive weapons – including knives – or indecent to impart their specialist skills or
or obscene material, as these are also all banned.
knowledge to the UK workforce.

07 You must declare any sums of cash of €10,000 or more, or the equivalent in another

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
currency, if you are travelling from a country outside the European Union. Who can apply as an intra-
company transferee?
08 Unless you have the correct documentation, do not bring in prescription medicines
To apply under the intra-company
containing controlled drugs. Most over-the-counter medicines are acceptable, but you may

Limited accepts no liability for any action taken based on the contents of this publication.
transfer category, overseas nationals
need a licence to carry some prescription medicines.
must have a UK employer as a sponsor
and a valid certificate of sponsorship.
09 The UK has particularly strict controls on the food products that you can bring into it from When applying for the associated
outside the European Union, even for personal use. For example, you cannot bring in any residence permit or visa, applicants
meat or dairy products. Import restrictions also apply to many other food items, including receive points based on their:
fish products, egg and honey products, and some fruits and vegetables.
qualifications,
10 The UK also has strict limits on bringing in such goods as tobacco, alcohol, and gifts. If you future expected earnings,
bring in goods that exceed these limits you could face long delays, seizure of the goods,
having a certificate of
and even prosecution. For further guidance in relation
sponsorship,
into the Tier 2 (ICT) scheme,
English language skills, and please contact your Smith Stone
Walters account manager.
having maintenance funds
available.
 01 autumn 10 INSiGHT from Smith Stone Walters 02 autumn 10 INSiGHT from Smith Stone Walters 03 autumn 10 INSiGHT from Smith Stone Walters

INTERIM LIMIT ON THE POINTS-BASED SYSTEM’S TIER 2 TIER 1 (GENERAL) OF THE POINTS-BASED SYSTEM – NUMBER COUNT: TIER 2 CERTIFICATES OF SPONSORSHIP
(GENERAL) GOES LIVE A MONTHLY LIMIT Home Office data has revealed that it has
granted 139,150 Certificates of Sponsorship
Last month all licensed organisations, or sponsors, received a letter from Jeremy Oppenheim, the UK On 19 July 2010, the UK government introduced a limit on the number of initial applications (CoS’s) since the points-based immigration
Border Agency’s (UKBA) regional director for North East, Yorkshire, and the Humber, notifying them of from outside the UK that it would grant under the points-based system’s Tier 1 (General) until system came into effect on 28 November
the agency’s intention to introduce an interim limit on Tier 2 (General) migrants. It has subsequently 31 March 2011. 2008. Since then UK employers have
imposed a reduction in the number of Certificates of Sponsorship (CoS’s) each sponsor can assign to issued CoS’s when they have had reason
overseas workers from outside the EEA for the interim period of 19 July 2010 to 31 March 2011. The UKBA is administering the limit on a monthly basis. This means that if an application meets
to engage non-EU nationals for specific
all the requirements and the limit has not been reached for the month the authorities will issue
vacancies within their organisations.
The government’s objective for the interim limit is to achieve an overall reduction of 5% in the number a visa in the usual way.
of Tier 2 (General) applicants from that of the equivalent period last year. Within Tier 2, this limit: Whilst employers have issued many of
However, if the application meets all the requirements but
these certificates for such jobs covered by
includes all CoS’s issued under Tier 2 (General), including certificates used for extension applications, the limit for that month has been met, the UKBA will defer the
the official UK shortage occupation list
application to the next month, when the limit allocation reopens.
does not include Tier 2 intra-company transfers (ICT’s), and as doctors and engineers, they have also
This could therefore obviously result in delays to employees’
issued them to 34,365 IT-related workers.
proposed entries to the UK, and therefore to delays in their
does not include Tier 2 dependent applications.
employment start dates. In addition, 1,285 fitness trainers, 490
Similarly, the UKBA has introduced an interim limit for Tier 1 (General) applications made outside the personnel officers, 335 advertising and
UK for the same period. Points Increase public relations executives, 100 journalists,
In addition to the cap on overall numbers, the UKBA has also

latest NEWS

latest NEWS
30 hairdressing and beauty salon
Cause for Concern announced an increase in the number of points, from 95 to 100, managers, 30 psychologists, 15 estate
editorial

As usual, the UKBA’s ill-designed approach to the
introduction of this so-called cap has left many employers
confused and frustrated by the lack of clarity and
guidance the agency has provided. Many sponsors have
received a zero allocation for between now and next
March despite the rule that they need an allocation just
to renew their permission to retain existing migrant
workers within the UK. Whilst the UKBA has reserved a
small number of CoS’s that meet specific criteria for what
it calls ‘exceptional consideration,’ many firms have
expressed concern about the lack of guidance in regard
to the criteria that it will employ when it allocates these
reserved CoS’s.
With a permanent annual cap on immigration numbers in the pipeline, many sectors are expressing
serious concerns about how such an imposed limit would affect UK businesses’
global competitiveness. It is essential that the government strike
a balance between limiting the number of non-EU nationals
entering the UK and the views and needs of UK-based businesses.
Both the UKBA and the Migration Advisory Committee
(MAC) have launched consultations requesting comments
on the proposed annual limit of the number of non-EU
migrants admitted to work in the UK through the points-
based system’s Tiers 1 and 2. We therefore encourage all
stakeholders to take the time to file a response before the
mid-September deadline.
required for an initial Tier 1 (General) application. These changes agents or auctioneers, and five librarians
apply to all initial Tier 1 (General) applications whether they are have also received CoS’s.
made inside or outside the UK.
SECURE ENGLISH LANGUAGE TESTS FOR TIER 4 – New English language testing for partners
NOW MANDATORY Effective 29 November 2010, all non-EU nationals applying for spousal or partner visas will need to
meet certain English language requirements.
On 12 August 2010 secure English language testing became mandatory for adult From that date migrants who want to enter or remain in the UK as the partners of British citizens
students studying below degree level under Tier 4 of the points-based system, or people settled here will need to show that they can speak and understand English by taking an
excluding those studying for foundation degrees or taking English language courses. English language test with one of the UKBA’s approved test providers. The term partner means
husband, wife, civil partner, unmarried partner, same-sex partner, fiancé, fiancée, or proposed civil
This test must be taken with a UKBA-approved provider before the applicants apply
partner.
for a confirmation of acceptance for studies (CAS) from the education sponsor.
This new rule will not apply to people coming from a country where English is the most spoken
language, and such people will automatically meet the language requirements.
REFUSALS BASED ON MAINTENANCE (FUNDS)
REQUIREMENT DEEMED UNLAWFUL RIGHT TO WORK EVIDENCE – AN EXPIRED PASSPORT
Following the Appeal Court judgment in the case of Secretary of State for the Home Department v The UKBA has announced that from 2 August 2010 employers will
Pankina [2010], applicants who have recently been refused entry on grounds of maintenance may be able to accept indefinite leave to remain (ILR) on expired
wish to request a review of their cases. passports as evidence of the right to work. It still requires them
to undertake the same checks in regard to expired passports
Applicants for in-country applications and extensions previously had to prove that they’d had at
least £800 in savings for at least three months prior to the date of their applications. The court ruling, that they currently undertake in regard to valid, in-date ones.
however, has eliminated this requirement, so For further information on right-to-work screening, please
under the points-based system non-EU applicants contact your Smith Stone Walters account manager.
in the UK now need only show that they have
£800, and those making out-of-country entry
clearance applications £2800, in their bank
accounts at the time of application.

If this change affects you, please speak to your

Smith Stone Walters account manager about
how to have your case re-considered.
 01 autumn 10 INSiGHT from Smith Stone Walters 02 autumn 10 INSiGHT from Smith Stone Walters 03 autumn 10 INSiGHT from Smith Stone Walters

INTERIM LIMIT ON THE POINTS-BASED SYSTEM’S TIER 2 TIER 1 (GENERAL) OF THE POINTS-BASED SYSTEM – NUMBER COUNT: TIER 2 CERTIFICATES OF SPONSORSHIP
(GENERAL) GOES LIVE A MONTHLY LIMIT Home Office data has revealed that it has
granted 139,150 Certificates of Sponsorship
Last month all licensed organisations, or sponsors, received a letter from Jeremy Oppenheim, the UK On 19 July 2010, the UK government introduced a limit on the number of initial applications (CoS’s) since the points-based immigration
Border Agency’s (UKBA) regional director for North East, Yorkshire, and the Humber, notifying them of from outside the UK that it would grant under the points-based system’s Tier 1 (General) until system came into effect on 28 November
the agency’s intention to introduce an interim limit on Tier 2 (General) migrants. It has subsequently 31 March 2011. 2008. Since then UK employers have
imposed a reduction in the number of Certificates of Sponsorship (CoS’s) each sponsor can assign to issued CoS’s when they have had reason
overseas workers from outside the EEA for the interim period of 19 July 2010 to 31 March 2011. The UKBA is administering the limit on a monthly basis. This means that if an application meets
to engage non-EU nationals for specific
all the requirements and the limit has not been reached for the month the authorities will issue
vacancies within their organisations.
The government’s objective for the interim limit is to achieve an overall reduction of 5% in the number a visa in the usual way.
of Tier 2 (General) applicants from that of the equivalent period last year. Within Tier 2, this limit: Whilst employers have issued many of
However, if the application meets all the requirements but
these certificates for such jobs covered by
includes all CoS’s issued under Tier 2 (General), including certificates used for extension applications, the limit for that month has been met, the UKBA will defer the
the official UK shortage occupation list
application to the next month, when the limit allocation reopens.
does not include Tier 2 intra-company transfers (ICT’s), and as doctors and engineers, they have also
This could therefore obviously result in delays to employees’
issued them to 34,365 IT-related workers.
proposed entries to the UK, and therefore to delays in their
does not include Tier 2 dependent applications.
employment start dates. In addition, 1,285 fitness trainers, 490
Similarly, the UKBA has introduced an interim limit for Tier 1 (General) applications made outside the personnel officers, 335 advertising and
UK for the same period. Points Increase public relations executives, 100 journalists,
In addition to the cap on overall numbers, the UKBA has also

latest NEWS

latest NEWS
30 hairdressing and beauty salon
Cause for Concern announced an increase in the number of points, from 95 to 100, managers, 30 psychologists, 15 estate
editorial

As usual, the UKBA’s ill-designed approach to the
introduction of this so-called cap has left many employers
confused and frustrated by the lack of clarity and
guidance the agency has provided. Many sponsors have
received a zero allocation for between now and next
March despite the rule that they need an allocation just
to renew their permission to retain existing migrant
workers within the UK. Whilst the UKBA has reserved a
small number of CoS’s that meet specific criteria for what
it calls ‘exceptional consideration,’ many firms have
expressed concern about the lack of guidance in regard
to the criteria that it will employ when it allocates these
reserved CoS’s.
With a permanent annual cap on immigration numbers in the pipeline, many sectors are expressing
serious concerns about how such an imposed limit would affect UK businesses’
global competitiveness. It is essential that the government strike
a balance between limiting the number of non-EU nationals
entering the UK and the views and needs of UK-based businesses.
Both the UKBA and the Migration Advisory Committee
(MAC) have launched consultations requesting comments
on the proposed annual limit of the number of non-EU
migrants admitted to work in the UK through the points-
based system’s Tiers 1 and 2. We therefore encourage all
stakeholders to take the time to file a response before the
mid-September deadline.
required for an initial Tier 1 (General) application. These changes agents or auctioneers, and five librarians
apply to all initial Tier 1 (General) applications whether they are have also received CoS’s.
made inside or outside the UK.
SECURE ENGLISH LANGUAGE TESTS FOR TIER 4 – New English language testing for partners
NOW MANDATORY Effective 29 November 2010, all non-EU nationals applying for spousal or partner visas will need to
meet certain English language requirements.
On 12 August 2010 secure English language testing became mandatory for adult From that date migrants who want to enter or remain in the UK as the partners of British citizens
students studying below degree level under Tier 4 of the points-based system, or people settled here will need to show that they can speak and understand English by taking an
excluding those studying for foundation degrees or taking English language courses. English language test with one of the UKBA’s approved test providers. The term partner means
husband, wife, civil partner, unmarried partner, same-sex partner, fiancé, fiancée, or proposed civil
This test must be taken with a UKBA-approved provider before the applicants apply
partner.
for a confirmation of acceptance for studies (CAS) from the education sponsor.
This new rule will not apply to people coming from a country where English is the most spoken
language, and such people will automatically meet the language requirements.
REFUSALS BASED ON MAINTENANCE (FUNDS)
REQUIREMENT DEEMED UNLAWFUL RIGHT TO WORK EVIDENCE – AN EXPIRED PASSPORT
Following the Appeal Court judgment in the case of Secretary of State for the Home Department v The UKBA has announced that from 2 August 2010 employers will
Pankina [2010], applicants who have recently been refused entry on grounds of maintenance may be able to accept indefinite leave to remain (ILR) on expired
wish to request a review of their cases. passports as evidence of the right to work. It still requires them
to undertake the same checks in regard to expired passports
Applicants for in-country applications and extensions previously had to prove that they’d had at
least £800 in savings for at least three months prior to the date of their applications. The court ruling, that they currently undertake in regard to valid, in-date ones.
however, has eliminated this requirement, so For further information on right-to-work screening, please
under the points-based system non-EU applicants contact your Smith Stone Walters account manager.
in the UK now need only show that they have
£800, and those making out-of-country entry
clearance applications £2800, in their bank
accounts at the time of application.

If this change affects you, please speak to your

Smith Stone Walters account manager about
how to have your case re-considered.
 01 autumn 10 INSiGHT from Smith Stone Walters 02 autumn 10 INSiGHT from Smith Stone Walters 03 autumn 10 INSiGHT from Smith Stone Walters

INTERIM LIMIT ON THE POINTS-BASED SYSTEM’S TIER 2 TIER 1 (GENERAL) OF THE POINTS-BASED SYSTEM – NUMBER COUNT: TIER 2 CERTIFICATES OF SPONSORSHIP
(GENERAL) GOES LIVE A MONTHLY LIMIT Home Office data has revealed that it has
granted 139,150 Certificates of Sponsorship
Last month all licensed organisations, or sponsors, received a letter from Jeremy Oppenheim, the UK On 19 July 2010, the UK government introduced a limit on the number of initial applications (CoS’s) since the points-based immigration
Border Agency’s (UKBA) regional director for North East, Yorkshire, and the Humber, notifying them of from outside the UK that it would grant under the points-based system’s Tier 1 (General) until system came into effect on 28 November
the agency’s intention to introduce an interim limit on Tier 2 (General) migrants. It has subsequently 31 March 2011. 2008. Since then UK employers have
imposed a reduction in the number of Certificates of Sponsorship (CoS’s) each sponsor can assign to issued CoS’s when they have had reason
overseas workers from outside the EEA for the interim period of 19 July 2010 to 31 March 2011. The UKBA is administering the limit on a monthly basis. This means that if an application meets
to engage non-EU nationals for specific
all the requirements and the limit has not been reached for the month the authorities will issue
vacancies within their organisations.
The government’s objective for the interim limit is to achieve an overall reduction of 5% in the number a visa in the usual way.
of Tier 2 (General) applicants from that of the equivalent period last year. Within Tier 2, this limit: Whilst employers have issued many of
However, if the application meets all the requirements but
these certificates for such jobs covered by
includes all CoS’s issued under Tier 2 (General), including certificates used for extension applications, the limit for that month has been met, the UKBA will defer the
the official UK shortage occupation list
application to the next month, when the limit allocation reopens.
does not include Tier 2 intra-company transfers (ICT’s), and as doctors and engineers, they have also
This could therefore obviously result in delays to employees’
issued them to 34,365 IT-related workers.
proposed entries to the UK, and therefore to delays in their
does not include Tier 2 dependent applications.
employment start dates. In addition, 1,285 fitness trainers, 490
Similarly, the UKBA has introduced an interim limit for Tier 1 (General) applications made outside the personnel officers, 335 advertising and
UK for the same period. Points Increase public relations executives, 100 journalists,
In addition to the cap on overall numbers, the UKBA has also

latest NEWS

latest NEWS
30 hairdressing and beauty salon
Cause for Concern announced an increase in the number of points, from 95 to 100, managers, 30 psychologists, 15 estate
editorial

As usual, the UKBA’s ill-designed approach to the
introduction of this so-called cap has left many employers
confused and frustrated by the lack of clarity and
guidance the agency has provided. Many sponsors have
received a zero allocation for between now and next
March despite the rule that they need an allocation just
to renew their permission to retain existing migrant
workers within the UK. Whilst the UKBA has reserved a
small number of CoS’s that meet specific criteria for what
it calls ‘exceptional consideration,’ many firms have
expressed concern about the lack of guidance in regard
to the criteria that it will employ when it allocates these
reserved CoS’s.
With a permanent annual cap on immigration numbers in the pipeline, many sectors are expressing
serious concerns about how such an imposed limit would affect UK businesses’
global competitiveness. It is essential that the government strike
a balance between limiting the number of non-EU nationals
entering the UK and the views and needs of UK-based businesses.
Both the UKBA and the Migration Advisory Committee
(MAC) have launched consultations requesting comments
on the proposed annual limit of the number of non-EU
migrants admitted to work in the UK through the points-
based system’s Tiers 1 and 2. We therefore encourage all
stakeholders to take the time to file a response before the
mid-September deadline.
required for an initial Tier 1 (General) application. These changes agents or auctioneers, and five librarians
apply to all initial Tier 1 (General) applications whether they are have also received CoS’s.
made inside or outside the UK.
SECURE ENGLISH LANGUAGE TESTS FOR TIER 4 – New English language testing for partners
NOW MANDATORY Effective 29 November 2010, all non-EU nationals applying for spousal or partner visas will need to
meet certain English language requirements.
On 12 August 2010 secure English language testing became mandatory for adult From that date migrants who want to enter or remain in the UK as the partners of British citizens
students studying below degree level under Tier 4 of the points-based system, or people settled here will need to show that they can speak and understand English by taking an
excluding those studying for foundation degrees or taking English language courses. English language test with one of the UKBA’s approved test providers. The term partner means
husband, wife, civil partner, unmarried partner, same-sex partner, fiancé, fiancée, or proposed civil
This test must be taken with a UKBA-approved provider before the applicants apply
partner.
for a confirmation of acceptance for studies (CAS) from the education sponsor.
This new rule will not apply to people coming from a country where English is the most spoken
language, and such people will automatically meet the language requirements.
REFUSALS BASED ON MAINTENANCE (FUNDS)
REQUIREMENT DEEMED UNLAWFUL RIGHT TO WORK EVIDENCE – AN EXPIRED PASSPORT
Following the Appeal Court judgment in the case of Secretary of State for the Home Department v The UKBA has announced that from 2 August 2010 employers will
Pankina [2010], applicants who have recently been refused entry on grounds of maintenance may be able to accept indefinite leave to remain (ILR) on expired
wish to request a review of their cases. passports as evidence of the right to work. It still requires them
to undertake the same checks in regard to expired passports
Applicants for in-country applications and extensions previously had to prove that they’d had at
least £800 in savings for at least three months prior to the date of their applications. The court ruling, that they currently undertake in regard to valid, in-date ones.
however, has eliminated this requirement, so For further information on right-to-work screening, please
under the points-based system non-EU applicants contact your Smith Stone Walters account manager.
in the UK now need only show that they have
£800, and those making out-of-country entry
clearance applications £2800, in their bank
accounts at the time of application.

If this change affects you, please speak to your

Smith Stone Walters account manager about
how to have your case re-considered.
 04 autumn 10 INSiGHT from Smith Stone Walters 05 autumn 10 INSiGHT from Smith Stone Walters
UK: USA:
Smith Stone Walters Ltd Smith Stone Walters

TOP 10 TIPS FOR VISITORS TO THE UK focus Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
Title House
33-39 Elmfield Road
Bromley Kent BR1 1LT
Tel: +44 (20) 8461 6660
111 John Street
Suite 800
New York, NY, 10038
Tel: +1 646 378 4406
autumn 10
clients with a clear and concise account of the key issues. Fax: +44 (20) 8461 6661 Fax: +1 646 378 4409
Millions of people visit the UK every year. To help overseas nationals enjoy a trouble-free arrival
We trust this section will prove to be both informative and of Email: info@ Email: usa@
in the UK, the UKBA has listed some important rules that tourists need to remember when they interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
travel here.

Immigration News & Views from Smith Stone Walters

What is a tier 2 (intra-company transfer)?

This type of UK residence

permission relates to
The length of permitted stay in the UK depends on the sub-category and the
applicant’s current location.
Interim limit on IN THIS ISSUE
employees of multi-national
the points-based editorial:
Useful Information

01 Interim limit on the points-based

companies whose overseas Sub-category Where are you applying Maximum length of stay system’s tier 2 (general) goes live
employers transfer them to a
UK branch of the organisation,
either on a long-term basis or Established staff
from?
Outside the UK Three years plus one
system’s tier 2 02
latest news:
Tier 1 (general) of the points-
based system – a monthly limit
for frequent short visits. These
have three sub-categories:
month. Workers can then
seek to extend their stays
another two years.
(general) goes live Secure English language tests
for tier 4 – now mandatory
Refusals based on maintenance
01 If you need a visa to visit the UK, apply for it with plenty of time in advance. Established staff – this route is (funds) requirement deemed
Established staff Inside the UK (switching Under transitional unlawful
for the transfer of established,
02 If you’ve received a visa you must keep to the conditions attached to it. Employment is from a work permit) arrangements, workers can Number count: tier 2 certificates
skilled employees to a UK branch seek permission to stay for 03
prohibited, and you must leave the UK before it expires. of sponsorship
of their organisation to fill a a further two years, or for New English language testing
post that cannot be filled by a a period that will take their for partners
03 Your passport must be valid for the duration of your stay in the UK, and it must contain a settled worker. total time in the UK to five Right to work evidence – an
page that is blank on both sides. years.** expired passport
Graduate trainee – this route
allows the transfer of recent useful information:
04 Providing false or misleading information to UKBA officers upon entering the UK may result
Graduate trainee Outside the UK 12 months 04 Top 10 tips for visitors to the uk
graduate recruits to a UK branch
in your being refused entry, a severe penalty, or both. of their organisation for training Skills transfer Outside the UK Six months focus on:
05 What is a tier 2 (intra-company
purposes. transfer)?
05 Just because an item is on sale in another country does not automatically mean that you ** Migrant workers who applied under the Tier 2 (intra-company transfer) category before 6 April
can bring it into the UK, so you need to be aware of the rules in regard to restricted or Skills transfer – this route allows 2010, or switched into that category from being an intra-company transferee work permit holder,
are eligible to apply for settlement when they have been resident in the UK for five years.
banned items. You are not allowed to bring endangered animals and plants, including the transfer of new recruits to a
products made from them, into the UK unless you have a permit. UK branch of their organisation to
acquire the skills and knowledge
that they will need overseas or
06 Do not bring counterfeit goods, drugs, offensive weapons – including knives – or indecent to impart their specialist skills or
or obscene material, as these are also all banned.
knowledge to the UK workforce.

07 You must declare any sums of cash of €10,000 or more, or the equivalent in another

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
currency, if you are travelling from a country outside the European Union. Who can apply as an intra-
company transferee?
08 Unless you have the correct documentation, do not bring in prescription medicines
To apply under the intra-company
containing controlled drugs. Most over-the-counter medicines are acceptable, but you may

Limited accepts no liability for any action taken based on the contents of this publication.
transfer category, overseas nationals
need a licence to carry some prescription medicines.
must have a UK employer as a sponsor
and a valid certificate of sponsorship.
09 The UK has particularly strict controls on the food products that you can bring into it from When applying for the associated
outside the European Union, even for personal use. For example, you cannot bring in any residence permit or visa, applicants
meat or dairy products. Import restrictions also apply to many other food items, including receive points based on their:
fish products, egg and honey products, and some fruits and vegetables.
qualifications,
10 The UK also has strict limits on bringing in such goods as tobacco, alcohol, and gifts. If you future expected earnings,
bring in goods that exceed these limits you could face long delays, seizure of the goods,
having a certificate of
and even prosecution. For further guidance in relation
sponsorship,
into the Tier 2 (ICT) scheme,
English language skills, and please contact your Smith Stone
Walters account manager.
having maintenance funds
available.
 04 autumn 10 INSiGHT from Smith Stone Walters 05 autumn 10 INSiGHT from Smith Stone Walters
UK: USA:
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TOP 10 TIPS FOR VISITORS TO THE UK focus Within each of our quarterly
newsletters, Smith Stone Walters
highlights a particular area of UK immigration law to provide
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autumn 10
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Millions of people visit the UK every year. To help overseas nationals enjoy a trouble-free arrival
We trust this section will prove to be both informative and of Email: info@ Email: usa@
in the UK, the UKBA has listed some important rules that tourists need to remember when they interest to you. Our focus for this quarter falls upon... smithstonewalters.com smithstonewalters.com
travel here.

Immigration News & Views from Smith Stone Walters

What is a tier 2 (intra-company transfer)?

This type of UK residence

permission relates to
The length of permitted stay in the UK depends on the sub-category and the
applicant’s current location.
Interim limit on IN THIS ISSUE
employees of multi-national
the points-based editorial:
Useful Information

01 Interim limit on the points-based

companies whose overseas Sub-category Where are you applying Maximum length of stay system’s tier 2 (general) goes live
employers transfer them to a
UK branch of the organisation,
either on a long-term basis or Established staff
from?
Outside the UK Three years plus one
system’s tier 2 02
latest news:
Tier 1 (general) of the points-
based system – a monthly limit
for frequent short visits. These
have three sub-categories:
month. Workers can then
seek to extend their stays
another two years.
(general) goes live Secure English language tests
for tier 4 – now mandatory
Refusals based on maintenance
01 If you need a visa to visit the UK, apply for it with plenty of time in advance. Established staff – this route is (funds) requirement deemed
Established staff Inside the UK (switching Under transitional unlawful
for the transfer of established,
02 If you’ve received a visa you must keep to the conditions attached to it. Employment is from a work permit) arrangements, workers can Number count: tier 2 certificates
skilled employees to a UK branch seek permission to stay for 03
prohibited, and you must leave the UK before it expires. of sponsorship
of their organisation to fill a a further two years, or for New English language testing
post that cannot be filled by a a period that will take their for partners
03 Your passport must be valid for the duration of your stay in the UK, and it must contain a settled worker. total time in the UK to five Right to work evidence – an
page that is blank on both sides. years.** expired passport
Graduate trainee – this route
allows the transfer of recent useful information:
04 Providing false or misleading information to UKBA officers upon entering the UK may result
Graduate trainee Outside the UK 12 months 04 Top 10 tips for visitors to the uk
graduate recruits to a UK branch
in your being refused entry, a severe penalty, or both. of their organisation for training Skills transfer Outside the UK Six months focus on:
05 What is a tier 2 (intra-company
purposes. transfer)?
05 Just because an item is on sale in another country does not automatically mean that you ** Migrant workers who applied under the Tier 2 (intra-company transfer) category before 6 April
can bring it into the UK, so you need to be aware of the rules in regard to restricted or Skills transfer – this route allows 2010, or switched into that category from being an intra-company transferee work permit holder,
are eligible to apply for settlement when they have been resident in the UK for five years.
banned items. You are not allowed to bring endangered animals and plants, including the transfer of new recruits to a
products made from them, into the UK unless you have a permit. UK branch of their organisation to
acquire the skills and knowledge
that they will need overseas or
06 Do not bring counterfeit goods, drugs, offensive weapons – including knives – or indecent to impart their specialist skills or
or obscene material, as these are also all banned.
knowledge to the UK workforce.

07 You must declare any sums of cash of €10,000 or more, or the equivalent in another

a particular transaction as it is not intended to be a complete coverage of the subject. Smith Stone Walters
This publication is not meant to be used as a substitute for proper professional advice based on the facts of
currency, if you are travelling from a country outside the European Union. Who can apply as an intra-
company transferee?
08 Unless you have the correct documentation, do not bring in prescription medicines
To apply under the intra-company
containing controlled drugs. Most over-the-counter medicines are acceptable, but you may

Limited accepts no liability for any action taken based on the contents of this publication.
transfer category, overseas nationals
need a licence to carry some prescription medicines.
must have a UK employer as a sponsor
and a valid certificate of sponsorship.
09 The UK has particularly strict controls on the food products that you can bring into it from When applying for the associated
outside the European Union, even for personal use. For example, you cannot bring in any residence permit or visa, applicants
meat or dairy products. Import restrictions also apply to many other food items, including receive points based on their:
fish products, egg and honey products, and some fruits and vegetables.
qualifications,
10 The UK also has strict limits on bringing in such goods as tobacco, alcohol, and gifts. If you future expected earnings,
bring in goods that exceed these limits you could face long delays, seizure of the goods,
having a certificate of
and even prosecution. For further guidance in relation
sponsorship,
into the Tier 2 (ICT) scheme,
English language skills, and please contact your Smith Stone
Walters account manager.
having maintenance funds
available.