Long term concessions being scrapped

[HHH99]

Hello there peeps just had a quick question I've heard rumors at work and fom a few notices that apparently come next year when this new proposed immigration system comes into effect that both the long term concessions are going to be removed and people wont be granted ILR solely because of their length of stay in this country. If this is true or if anybody has any other information on this please advice.

[rogerroger]

by long term concession you mean if a person had lived in the UK legally for say 10 years he could apply for naturalisation.

ff that is true, then that ties in with the test that has been introduced for naturalisation

[web2005]

Hello there peeps just had a quick question I've heard rumors at work and fom a few notices that apparently come next year when this new proposed immigration system comes into effect that both the long term concessions are going to be removed and people wont be granted ILR solely because of their length of stay in this country. If this is true or if anybody has any other information on this please advice.

Can you please provide the source??? If it is true then does it apply to 14 years concession also and when this law going to be effected from??

[lemess]

I think the qualification period for ILR is also being raised to 5 years from 4

[tensailee]

It is all part of the current consultation HO is pursuing. It is called 'Making Migration Work for Britain', and details can be found on the HO website:

Making Migration Work for Britain

[rogerroger]

i thought migration already worked for the UK!!

[HHH99]

Well I dont actually have a source i work at a lawyers firm part-time we dont deal with immigration cases however there is this lawyer who comes there that who deals with immigration he mentioned this and a few other people have mentioned it.

I dont mean the concession about naturalisation. I meant the concession that states that the current concession which grants people ILR if you have had 10 years of continous residence or 14 years of any legality. I have read that managed immigration document cant find anything about this. If anyone has any knowledge please share it with us.

By the way Roger what is this rule about 10 year stay which makes you eligible for naturalisation I thought you had to have ILR beofre you could apply for naturalisation ? if you have any proof for this or a link to a web link I will be really grateful please respond buddy a whole lot of people would be really thankful to you

[rogerroger]

my mistake

as you stated 10 years legal stay gets makes you eligible to apply for ILR and then i guess a year after i guyess will make you eligible for naturalisation

likewise 14 years of illegal stay(i dont know how you prove that) makes you eligible for ILR and a year after that i guess makes you eligible for naturlisation again

[HHH99]

thank you for clariying that roger well so its safe to say that this provision is likely to be scraped a lot of people would have qualified for both the 10 year and 14 year concession next year but I guess all of those people would have to leave the country now I guess personally I think its very unfair that innocent people have to pay for what the others did. But if anyone has any new information about this please share with us

[rogerroger]

is it definite that the 10 & 14 year rule which enabled people to apply forILR is going to be scrapped? and scrapped next year?

[web2005]

I am very much interested about finding out if HO is really going to scrap this long stay concession. I know couple of friends who are waiting to complete the required time to apply for ILR. I wonder what will be the future of those people if this happens.

Any further information from moderators or anyone will be greatly appreciated.

[HHH99]

I know three people including myself who are waiting for it so it does mean a lot to me. let me re-emphasize this is not for certain this is only what I've heard if anyone knows anything about this topic then please inform us as usually the administrators on the site know what is going to happen even before it happens so if anyone knows for certain what is going to happen then please let us know. One thing though even if its scraped the eu law states after 10 years of legal residence they cant deport you or kick you out of the country you can live here as long as you want I guess

[+nairam+]

I think the qualification period for ILR is also being raised to 5 years from 4

It is all part of the current consultation HO is pursuing. It is called 'Making Migration Work for Britain', and details can be found on the HO website:

Making Migration Work for Britain

I read through those documents but didn't see any mention of ILR being turned into a 5 year stay. Could someone give a source for that specifically?

[lemess]

Here you go. http://www.archive2.official-documents. ... 2/6472.pdf has the original document. Read page 11.


extracts

Section 3: Who we allow to stay and why


This section sets out who we allow to stay in
the UK permanently, and how we will tighten
the criteria further to ensure that we carefully
control permanent migration to provide long
term economic and social benefit.We will:
- introduce English language tests for everyone
who wants to stay permanent in the UK
- grant refugees temporary leave to begin with
and keep the situation in their countries under
review. If it has not improved with in five years
we would allow them to stay, if it does they
will be expected to return
-only allow skilled workers to settle long-term
in the UK
- increase the period skilled workers have
to be here before being allowed to stay
permanently from four years to five years

Further on page 24

Lengthening the period before settlement.
Skilled workers will need to have been
present, in employment and contributing to
the Exchequer for five years (rather than four
as now) before becoming entitled to apply for
settlement. This brings our practice more into
line with the European norm.

[John]

I think it is worth looking at the background of this. Also it is useful to read IND's instructions to its own staff :-

THE LONG RESIDENCE CONCESSION

In particular note the reference in 1.1 to the fact that "the United Kingdom ratified the European Convention on Establishment, Article 3(3)". So even if there is a change of policy there is no threat of people being thrown out the UK, who do not already face that threat ..."for reasons of national security or for particularly serious reasons relating to public order, public health or morality".

But will the UK Government change its policy? I would be amazed if it did. Granting ILR .... well considering granting ILR .... after 10 or 14 years could be considered to be a bit of a tidying-up exercise ... stopping people being in limbo for the rest of their lives.

[+nairam+]

Here you go. http://www.archive2.official-documents. ... 2/6472.pdf has the original document.

Thank you. I wonder if the 5 year rule for ILR will apply to EEA as well, they're very specific in the 'worker' aspect. And then I wonder what's going to happen with citizenship. Will that be after 6 years now?

But back on the main topic, it seems to me like the new rules are just trying to make everything seem neater to the general public/voters. I believe they are just trying to root out the image of the 'obscure' immigrant from people's minds which is what brings about negativity. According to that leaflet all immigrants will from now on have to be practically geniuses to enter this country. I do believe that in reality there will be less advertised exceptions...

[JAJ]

Here you go. http://www.archive2.official-documents. ... 2/6472.pdf has the original document.

Thank you. I wonder if the 5 year rule for ILR will apply to EEA as well, they're very specific in the 'worker' aspect. And then I wonder what's going to happen with citizenship. Will that be after 6 years now?

It may well apply to ancestry visas too (assuming the ancestry visa survives - another question).

If the normal time period for ILR goes to 5 years then barring a change to the British Nationality Act then most applicants not married to a British citizen will need to wait 6 years, because of the need to have ILR for 12 months. The exceptions will be those who get ILR sooner, or come to the UK with an acceptable equivalent immediately, eg Right of Abode holders or Irish citizens, who will still be able to go for naturalisation after 5 years.