Immigrationboards.com

I read this on the home office website ?


Naturalising as a British citizen in the future
What are the proposed changes?
On 20 February 2008 the Government published the Green Paper ‘The Path to
Citizenship: Next Steps in Reforming the Immigration System‘. In this document we
outlined our proposals for changing the way that someone can become a British citizen
or remain here as a permanent resident. These proposals are collectively called ‘Earned
citizenship’. These proposals will, if agreed by Parliament, lead to change late in 2009.
Thereafter, migrants will be expected to pass through 3 key stages and demonstrate
certain requirements in order to progress between these. Our aim is to make the journey
clearer, simpler and easier for migrants and the public to understand. The three stages
are set out below:
1. Temporary residence
2. Probationary citizenship
3. British citizenship/permanent residence
Until then existing arrangements for naturalisation will continue.


Have they come into effect yet ?

Also any ideas as to how the proposals will impact people holding ILR through the ten year rule ? Would I then need to do an additional period as a probationary citizen ?

The proposals were enacted by Parliament in the Borders, Citizenship and Immigration Act 2009. However, the relevant sections of that Act are not yet in force, meaning that the old rules are still the law of the land for the time being. We do not yet know the exact date on which the new rules will be brought into force.

The Borders, Citizenship and Immigration Act 2009 provides for transitional arrangements when the "earned citizenship" rules come into force. These include the following:
1. If you already have an ILR or naturalisation application pending when the earned citizenship rules come into force, then the new rules will not affect it;
2. If you already have ILR when the earned citizenship rules come into force, then you will have a two-year window in which you can submit a naturalisation application and have it considered under the old rules;
3. Any person who has acquired ILR under the old rules will be treated as having permanent residence for the purposes of any naturalisation applications that are considered under the earned citizenship rules.

William Blake wrote:I read this on the home office website ?


Naturalising as a British citizen in the future


Have they come into effect yet ?

May I extend this question: Does anyone know DETAILS about the new "earned citizenship" system, i.e. how long each step will take and on what it is based (Especially for EU citizens)?

I've searched the BA website as well as other sources but all I can find are the proposal documents but not what became law...

Thanks a lot,

Chris

The UK Border Agency is now stating on its web site that the "earned citizenship" provisions of the Borders, Citizenship and Immigration Act 2009 will come into force in July 2011. However, I have not found any statutory instrument that gives effect to the planned July 2011 commencement date.

There is also a decent summary of the transitional arrangements.

There are still important regulations that are yet to be written (hence the reason for "earned citizenship" not having come into force yet). Additionally, the rules will be much more complicated for those applying under the "earned citizenship" rules. If you are eligible to apply under existing rules, then you should probably do so.

Qualifying Immigration Status
The earned citizenship rules will require that somebody applying under the new rules have "qualifying immigration status" for the entire qualifying period.

Someone who goes from one form of qualifying status to another is still deemed to have continuously held qualifying status for the whole period.

At the moment, someone who lawfully resides in the UK on a temporary basis that does not normally lead to naturalisation can have that time counted if they end up getting ILR later on some basis. The new rules will mean that someone who has status that is not "qualifying" will not be able to start earning time toward naturalisation until they get the "qualifying" status.

Qualifying immigration status is defined as any of the following for those who are not applying for naturalisation as a spouse or civil partner of a British citizen:
(a) qualifying temporary residence leave;
(b) probationary citizenship leave;
(c) permanent residence leave;
(d) a qualifying CTA entitlement;
(e) a Commonwealth right of abode; or
(f) a temporary or permanent EEA entitlement.

Qualifying immigration status is defined as any of the following for those who are applying for naturalisation as a spouse or civil partner of a British citizen:
(a) qualifying temporary residence leave based on a relevant family association;
(b) probationary citizenship leave based on a relevant family association;
(c) permanent residence leave based on a relevant family association;
(d) a qualifying CTA entitlement; or
(e) a Commonwealth right of abode.

You may find the references to "qualifying temporary residence leave" within the definition of "qualifying leave" to be circular. However, the 2009 Act defines "qualifying temporary residence leave" as any form of limited leave to remain that serves as a stepping stone to "probationary citizenship" status. (Probationary citizenship is a misnomer. It will be a new visa status that is an intermediate stage between limited leave to remain and citizenship or permanent residence. It involves fewer rights than ILR currently grants, but those with ILR need not worry because they will automatically be considered permanent residents under the new rules.)

Qualifying Period
For those who are not applying for naturalisation on the basis of being the spouse or civil partner who is a British citizen, the "qualifying period" is as follows:
8 years for those who do not meet the "activity condition"
5 years for those who do meet the "activity condition"

For those who are applying for naturalisation on the basis of being the spouse or civil partner who is a British citizen, the "qualifying period" is as follows:
6 years for those who do not meet the "activity condition"
3 years for those who do meet the "activity condition"

Activity Condition
The rules for meeting the "activity condition" will be set forth in regulations that the Home Office is yet to introduce. As seen from the Home Office's recently closed consultation on the matter, meeting the activity condition will most likely involve getting a minimum number of points that come from various categories. It will probably involve the ability to get points from such activity as volunteering with a charity or for having such traits as high earning potential.

Status on the Date of the Application
An applicant for naturalisation will be required to have permanent residence, probationaty citizenship, a qualifying CTA entitlement (effectively meaning right to live here by virtue of being Irish), Commonwealth right of abode, or a permanent EEA entitlement.

jules,

thanks a lot, that was more than just shedding some light on it; highly appreciated!!

chris

To all powerful memebrs of the forum.

If someone has been on tier 1 general for 1.5 year and his spouse on 5 years work permit will be applying for ILR by august 2010 and they have different immigration status.
1.The question is does it make sense to go out of the country to apply as dependant of work permit now and apply for ILR together by august
or
if the person wait till the wife get ILR and switch to spouse of ILR in late august and we all know that probationary citizenship starts in July 2011

1.Will the period spend in tier 1 general counts towards naturalization by combining both qualifying period as tier 1 general and spouse of ILR.

Please,i want you out to contribute to this topic.

aosun077

aosun007 wrote:To all powerful memebrs of the forum.

If someone has been on tier 1 general for 1.5 year and his spouse on 5 years work permit will be applying for ILR by august 2010 and they have different immigration status.
1.The question is does it make sense to go out of the country to apply as dependant of work permit now and apply for ILR together by august
or
if the person wait till the wife get ILR and switch to spouse of ILR in late august and we all know that probationary citizenship starts in July 2011

1.Will the period spend in tier 1 general counts towards naturalization by combining both qualifying period as tier 1 general and spouse of ILR.

Please,i want you out to contribute to this topic.

aosun077

As far as I know (but I am not positive), it would be better if you were her depended before she applies for ILR, that way you will both get ILR at the same time. If you become her depended after, you would have to wait for your qualifying period before you can apply for ILR.

Wait for someone else to confirm.

Ray

How would it work out for people who were here illegally and now have been granted ILR outside immigration rules.? Its clear that they will be regarded as permanant residents when earned citizenship comes into force.
eg: Someone got ILR outside immigration rules in Jan 2010. They wont fulfill residency requirement of 5 years until Jan 2015. Under which rules will they apply and how would the process differ from someone who was on porbationary citizenship?