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ILR rumors (don't mean to cause panic)

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yarons
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ILR rumors (don't mean to cause panic)

Post by yarons » Thu Sep 04, 2008 7:20 pm

I've heard from several sources (none official) that the ILR rules are going to change before the end of the year and to apply one would have to spend 6 years on WP/T1 instead of the current period of 5 years.

Anyone with more concrete info?

Many thanks
Y

global gypsy
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Post by global gypsy » Thu Sep 04, 2008 8:56 pm

Best to ignore rumours such as this one...
And please don't cause panic!

HSMP MESS
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Post by HSMP MESS » Thu Sep 04, 2008 9:23 pm

It is partly true
They are introducing a concept called probationay ctizenship.
After 5 yrs
one needs to be a probationary citizen for 1 year. 5+1

ILR is being discouraged and citizen ship encouraged
Depending on whether one does community work citizen ship will take 1 to 3 yrs after 5 years

ILR WILL TAKE 5+3 YRS
Consultation has been done on these proposals and they go before parliment this yea and may come into force 2009

global gypsy
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Post by global gypsy » Fri Sep 05, 2008 2:36 pm

HSMP MESS wrote:It is partly true
They are introducing a concept called probationay ctizenship.
After 5 yrs
one needs to be a probationary citizen for 1 year. 5+1
Yes, but today ILR takes 5 years, then 1 more year for citizenship. How is that different from the above - in terms of the number of years for naturalization??
(I am assuming here that the voluntary service requirement is met, of course.)

sashank
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Scrapping ILR

Post by sashank » Fri Sep 05, 2008 11:53 pm

They are scrapping ILR altogether from feb 2009 and this is from internal source.
SAS

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Frontier Mole
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Post by Frontier Mole » Sat Sep 06, 2008 12:51 am

Do not believe all you hear on the scraping ILR front. There are going to be big changes and the phrase ILR will go but not the concept as a whole. As already noted the phrase "probationary citizenship" is quoted. This is the new form of ILR. It comes with far more restrictions and demands and is designed to encourage model citizenship. Although not all the detail has been fleshed out it has been suggested as an example that any criminal conviction would automatically terminate the probationary citizenship. This would ensure you on your way immediately after your sentence is complete. For non custodial sentences removal may be considered as part of the justice system.

Like all the final details for things like the "licence" to bring in visitors / students / non EEA employees etc are still in the mixing pot. The devil will be in the detail.

Expect early 2009 to be the start of the more important changes to the route to citizenship. I would not be as confident as the previous post in giving a specific month - remember it is the Home Office!

HSMP MESS
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Post by HSMP MESS » Sat Sep 06, 2008 6:08 pm

[quote="global gypsy
Yes, but today ILR takes 5 years, then 1 more year for citizenship. How is that different from the above - in terms of the number of years for naturalization??
(I am assuming here that the voluntary service requirement is met, of course.)[/quote]

Probationary citizenship is not permanent like ILR
It has a maximum time of 5 yrs
It is just an extension /temporary leave unlike ILR

In terms of time requied for naturalization it is 6 yrs but there is no SECURITY/GUARANTEE in the last 1 year which you get with ILR

It is a very smart move by the Home Office

Hope this helps

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Frontier Mole
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Post by Frontier Mole » Sat Sep 06, 2008 9:46 pm

For those with a vast amount of time on their hands have a look at the link.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

go to part three for citizenship

pyke
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Post by pyke » Sun Sep 07, 2008 8:59 am

Frontier Mole wrote: Expect early 2009 to be the start of the more important changes to the route to citizenship. I would not be as confident as the previous post in giving a specific month - remember it is the Home Office!
I was wondering if it would be the case of the old rules for ILR applying to those who entered the UK before the changes are made in 2009 i.e. the revamped system, whatever it may be, applying only to those who entered the UK after it is in place?

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Frontier Mole
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Post by Frontier Mole » Sun Sep 07, 2008 10:30 am

The simple answer is NO. Those waiting for ILR on the current rules will have to meet the new rules when they come into force.

Why you might ask?

ILR is not the intent of the entry to the UK. In some cases it plainly is e.g. - spouse visa etc HOWEVER it is not an inevitable consequence of entry. Thus what ever rule is in place at the time of entry is not what is important but that at the time of application.

There is however no mention of any transitional arrangement but that does not mean there will not be any. Internal policy might cover that point on the other hand it might be a simple case of on X date the new rule superceeds all before and that is how it is.

pyke
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Post by pyke » Sun Sep 07, 2008 11:05 am

Frontier Mole wrote:The simple answer is NO. Those waiting for ILR on the current rules will have to meet the new rules when they come into force.

Why you might ask?
Thanks Frontier Mole. I asked because there was an article in the Telegraph a while ago on the topic. I may have remembered it wrongly, but there was something about the new rules applying to those who entered after a certain cut off period. Possibly after the new rules have come into force? Again, I could be wrong.

vinny
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Post by vinny » Sun Sep 07, 2008 12:11 pm

MO (Date of decision: applicable rules) Nigeria [2007] UKAIT 00057 wrote:The Immigration Rules applicable to an immigration decision are, in the absence of transitional provisions or any contrary legitimate expectation, the rules in force at the date of the decision. Nathwani [1979-80] Imm AR 9 remains good law.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

thsths
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Post by thsths » Sun Sep 07, 2008 1:36 pm

Frontier Mole wrote:The simple answer is NO. Those waiting for ILR on the current rules will have to meet the new rules when they come into force.
Exactly. And the general plan is that the system is going to change a lot next year, so the rules will probably be different.

My feeling is that ILR will be disencouraged (more difficult to get), while the path to citizenship is mostly unaffected. Maybe the feeling is that foreigners should take on citizenship if they want to stay here.

tech
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Post by tech » Sun Sep 07, 2008 1:58 pm

Please check the timeframe for the new rules.It says Late 2009.
http://bia.homeoffice.gov.uk/britishcitizenship/

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