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A Ukrainian citizen has approached the Bombay High Court against the Ministry of External Affairs, India, challenging a policy that mandates a minimum annual salary of $25,000 (over Rs. 11 lakh) as compulsory requirement for getting an employment visa. On June 3, she made an application to the Indian embassy in Kiev for an employment visa along with all supporting documents of her employer. “Petitioner submits that she was curtly told by the consul officer at the embassy that she would not be granted employment visa as the rule has been introduced from April 2010 mandating a salary in India equivalent to $25,000 per annum for issuance of an employment visa.”
It is now mandatory for any foreign worker to have an annual salary above Rs. 11 lakh to get an Indian employment visa. Many companies across the country hire foreigners legally at lower salaries though it’s not a publicized fact. Ms. Stelmakh Leonid Lulia, 25, was not granted visa by the Indian embassy in Kiev, Ukraine. She explains that her job at J P Morgan will lapse if she does not join in a week’s time. “This is a sensitive constitutional matter on foreigners’ right to employment and will have wide ramifications on foreign employees in the Indian services industry,” says Prashant Uchil, Stelmakh’s counsel.

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Mr. Jason Kenney, Minister for Citizenship, Immigration and Multiculturalism has discussed and clarified the various changes which is the part of new Immigration Plan 2010 of Canada.

Canada is adjusting its 2010 immigration plan to put even greater emphasis on economic recovery and further reduce the federal skilled worker backlog.

The government is also proposing new eligibility criteria for the immigrant investor program so it makes an even greater contribution to the Canadian economy. Proposed regulatory changes will require new investors to have a personal net worth of $1.6 million, up from $800,000, and make an investment of $800,000, up from $400,000.

The minister clarified at the outset that these changes were not in any way a reduction of immigration numbers, but a way to bring in more transparency, controls and lastly a speedier more efficient processing system. One of the most important factors contributing to an immigrant’s economic success is the ability to speak one of Canada’s official languages. Under changes to the federal skilled worker program and the Canadian experience class, all new applicants are required to include the results of an English or French language test as part of their application. The language requirements themselves, however, are not changing.

According to the minister, “With the results of a language test, FSW applicants will know before they apply exactly how many points they will be awarded for language ability on the federal skilled worker selection grid. Canadian Experience Class applicants will also know in advance if they meet the minimum language requirements necessary as part of their application.”
He added: “In keeping with the Action Plan for Faster Immigration, processing times are expected to improve because the visa officer simply assigns points based on the language test result instead of taking the time to review a written submission. Finally, many regulatory bodies and industry sectors require language testing or other proof of language assessment, so in taking the test, applicants are one step further on the path to integration into the Canadian labor market.”
On the federal skilled worker category, Canada still receives thousands more applications each year than can be processed and accepted. This is true even when you consider that Canada has the highest relative level of immigration in the developed world, with a quarter million permanent residents admitted every year. Effective immediately, to be eligible to apply as a federal skilled worker, applicants must either have a job offer, or they must have experience in one of 29 in-demand occupations. These occupations were identified through analysis of updated labour market information and consultations with provinces, territories, stakeholders and the public. The government will limit the number of applications considered for processing to 20,000 per year as a way to better manage the supply of applications with labour market demand. Within the 20,000 limit, a maximum of 1,000 applications per occupation will be considered. The limit does not apply to applicants with a job offer.

Arranged employment is one of the six factors under Canada’s new points system for selecting immigrants under the skilled worker category. It is essentially a genuine job offer by a Canadian employer that is validated by Human Resources & Skills Development Canada (HRSDC). According to the minister, this category ensures that immigrants are not stuck in the “survival job conundrum” and will be given priority at all times.

The minister also confirmed that there would be a comprehensive review of the provincial nominee program in conjunction with provinces to design a more standardized program that would benefit all provinces. Additionally, the Auditor General has asked for more information on the program as there is a lack of data on whether it meets its objectives and whether immigrants who come in under this program get jobs commensurate with their education and previous careers and lastly whether they move out of the province after landing.

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Australia’s new immigration policy aims to let in only the professionals it needs and to tell its citizens that their jobs will not be taken by immigrants in times of recession. It comes as a huge concern for Indian students in Australia as it has toughened its immigration laws and has brought down the list of professions which qualify for immigration from 400 to 181. Over the last one year, Indians have been at the receiving end of Australian racial attacks and mindless street violence. The tough new rules on the grant of student visas and permanent residence status will make it much harder for Indians to go to Australia.

Students who are already in Australia will be allowed to complete their courses but may have to return after a grace period. UK and Canada too have cracked down on immigrants from India.Australian High Commissioner, Peter Verghese said, “We want students to come to Australia to study. We want them to come to Australia to do a course which they judge is in their best interests. We want to separate out the study pathway from the migration pathway.”
It is clarified that beginning July 1, the number of visa-eligible jobs will drop from 400 to 181. The number of Indian students in Australia had exploded from just 8,000 in 2005 to a 100,000 in 2010. The growing visibility of Indians and shrinking jobs in Australia led to friction and a violent backlash. Graduates in cooking, hairstyling and gardening courses cannot hope for permanent residence. Instead, preference will be given to those on the new Skilled Occupations List which includes engineers, accountants, teachers, nurses, even welders and midwives.

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The change in Canadian immigration rules for Chinese tour groups comes after China won Approved Destination Status in December last year. The change in policy will make it easier for Chinese people to obtain Canadian visas for tourism rather than having to go through the Canadian business visa system. It will also allow Canadian tourism firms to market tourism to China. Canada and China are close to signing a final agreement that will give Chinese tour groups the right to visit Canada on Canadian visas.

A memorandum of understanding is expected to be signed on Thursday at the G20 summit, in a move that will mark “an important moment in the bilateral history of tourism co-operation.” This is according to the head of the National Tourism Administration in China, Shao Qiwei.

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The newly elected government finally come up with the numerical cap on its work permit for non-EU workers. The new permanent limit entering the United Kingdom will come into effect from April 2011. It will be announced after 12 week consultations within the government and with businesses and other interested groups.

Indians comprising the bulk of non-EU skilled immigrants to Britain- could be the worst affected after the British coalition government on Monday confirmed a stringent interim limit of 24,000 on work permits to be issued between July 19 and March 31 next year.

Home Secretary Theresa May said: “The government believes that Britain can benefit from migration but not uncontrolled migration. I recognize the importance of attracting the brightest and the best to ensure strong economic growth, but unlimited migration places unacceptable pressures on public services.”
It is widely understandable that this step will bring major fundamental changes in the way workers from outside the European Union will be chosen. It is also believed that high income group professionals may be excluded from the immigration curbs.

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One of the most divisive issues for the new coalition Government in Britain has been immigration. The Labour Government had a points-based system, where decisions on who to let in was based on “points” they accumulated based on skills and experience. It’s a system that has been fiercely opposed by the now-in-government Conservative Party, which had been consistently calling for new immigration to fall to “tens of thousands a year” rather than “hundreds of thousands” through the introduction of a cap on numbers.

A far cry from their coalition colleagues, the Liberal Democrats, who during the election campaign had mooted an amnesty for illegal immigrants.In the early days of the coalition, it seemed that the Conservatives had had their way – with the idea of the cap making its way into a joint policy document that had followed many hours of hard bargaining between the two sides. It is said that a consultation would shortly be taking place with “businesses and other interested parties” on a wide range of issues relating to the cap and its implementation.

The Conservative plans to cut immigration have been widely criticized not only by human rights campaigners, but also by business leaders, who have argued that the cap could hear the economic recovery, by depriving businesses of key skilled staff and universities of students, deter foreign investors from putting their money into Britain, and lead to tit-for-tat tighter restrictions on British companies operating abroad.

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USCIS has recently announced the H-1B Cap updates for the H-1B Cap Count in FY 2011.

Current H1B Cap Count

Regular Cap Limit- 65,000
Regular Cap Cases Filed- 22,900 (Approx)
Date of Count- June 18, 2010
Advanced Degree Cap Limit- 20,000
Advanced Degree Cap Cases Filed- 9,700 (Approx)
Date of Count- June 18, 2010

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It seems now its getting somewhat tough to go for Work visa for Australia as the applicants now may have to clear TOEFL-an English language test. TOEFL exams are provided by ETS, an American company. Australian immigration works on a points-based system that awards more points to English speakers.The Australian immigration authorities are finally considering adopting a new English language test provider. The current English language tests used for many years to assess the level of English held by foreigners wishing to apply for Australian visas is no longer be in use. Now, it seems the country is looking at appointing rival exam provider TOEFL as an alternative.

A newspaper has reported that the Australian immigration minister has even contacted ETS to tell them of his ‘in-principal support for the acceptance of more than one English language test under the migration regulations.

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Canadian immigration authorities are considering some stern rules tightening the Canadian marriage visa rules to protect people from marriage fraud. This came into light when one Canadian from Victoria claimed herself as a victim of marriage fraud. She said to met her husband Sunny Kanda while on her holiday in India and married him a month later. She helped him obtain a Canadian visa and then he moved to Canada without informing his wife. She is calling for her husband’s Canadian spousal visa to be removed and for him to be deported as she believes he used her simply to enable him to move to Canada from India.

The Immigration authorities are considering to put newly landed sponsored spouses on a probationary period to see whether they’re actually interested in pursuing the marriage or not for the long run.

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The New Home Secretary Theresa says the following about immigration and other policies:
* An annual limit on the number of economic migrants from outside the European Union. As well as the introduction of an immigration cap on economic migrants from outside the EU the new Conservative/Liberal Democrat Government will be making the following policy changes:
* There will be an Emergency Budget within 50 days – The current UK budget deficit is about £160 billion (about US$230 Billion) which is considered to be far too high. The new Government intends to cut spending by £6 billion a year.

* There will be a substantial rise in income tax allowances for lowest paid from April 2011. This will mean that many of the poorest paid workers will pay less tax. However, this will not help those who are currently not working.

* There will be increased investment in education to reduce class sizes for children from poorer backgrounds.

* There will be a referendum on the Alternative Vote system for general elections. The Liberal Democrats consider this as very important as the current system means that even with 23% of the vote the Liberal Democrats only has 57 MPs in Parliament.

* There will be fixed-term Parliaments – The next election is in May 2015. This is of course assuming that the Government remains in power for that long.

* In a highly controversial move 55% of MPs will need to vote for the dissolution of Parliament and to trigger an election. Members of Parliament have complained that this makes it too difficult for them as elected representatives to force a Government out of power.

* National Health Service (NHS) spending is set to rise in every year of the new Parliament. Politically increasing funding of the State funded public health service is a popular move.

* ID cards will be abolished for everyone including for immigrants to the UK. This will reduce the administrative burden on immigrants and others.

* There will be a review the long term affordability of public sector pensions. Public sector pensions are very generous compared to pensions in the private sector. There are many who feel that with more and more people living into old age that it is simply not possible to fund such a generous pension scheme.

* The link between the state pension and earnings will be restored from April 2011
* The aviation passenger duty will be replaced by a plane tax. This is likely to cause further financial difficulties for airlines already hard hit by the disruption caused by the recent Volcanic Ash cloud and mean higher fares for passengers.

* There will be no new runways at Heathrow, Gatwick or Stansted. This is likely to mean a loss economically to the UK. There will be lower economic growth and fewer jobs than would otherwise be the case. This decision was taken because of concerns over the environment.

There has so far been no decision on exactly how many economic migrants will be allowed into the UK in the future. The Home Secretary has said that there will be a consultation process after which a decision will be made. The new immigration cap will likely have a significant impact on those who wish to come to the UK under the Tier 1 visa and Tier 2 visa schemes which are the main economic migrant visa categories.