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Probatitonary citizenship to be axed?

Posted: Mon Sep 06, 2010 11:07 am
by ukswus
Earned citizenship scheme faces axe
Moves to make migrants "earn" British citizenship are set to be scrapped by the Coalition Government, the immigration minister signalled yesterday.


By Tom Whitehead, Home Affairs Editor
Published: 7:00AM BST 06 Sep 2010

The new regime for settlement in the UK is due to come in to force next year and would see migrants wanting British nationality having to go through a "probationary" period.

The length of the probation would depend on whether they show willingness to participate in the country, including community activities such as volunteering, fund-raising or working as a school governor.

It would extend the current period before a migrant can apply from five years to at least six years and could be as long as eight.

But the programme, drawn up by the last Labour Government, has come under criticism because it would not stop petty criminal earning citizenship and activities such as standing on picket lines or political canvassing would count towards it.

It also emerged last year that migrants could be given tips on how to access benefits and other public services as part of a mentoring scheme for those wanting to settle permanently in Britain.

The so-called "earned citizenship" scheme is now under review and could be binned altogether.

Damian Green, the immigration minister, said: "We are still pondering whether that is the most effective way to do it. "Within the next few months we will have a decision as to whether that is the best way to achieve a proper commitment. It's under review."


http://www.telegraph.co.uk/news/uknews/ ... s-axe.html

Yea

Posted: Mon Sep 06, 2010 11:43 am
by letmec2006
As I have mentioned in the other thread, I dont know the truth of this Tories supporting paper, sound good to me though, and for all who are in country.
We cant speculate either at this time about more stringent measures they might bring in than the "earned" citizenship or points based citizenship which we had been discussing so long.

Re: Yea

Posted: Mon Sep 06, 2010 11:46 am
by ukswus
letmec2006 wrote:As I have mentioned in the other thread, I dont know the truth of this Tories supporting paper, sound good to me though, and for all who are in country.
We cant speculate either at this time about more stringent measures they might bring in than the "earned" citizenship or points based citizenship which we had been discussing so long.
I don't think the rules will become any easier compared to PC, if it is indeed axed. That would completely defy logic of the recent Government's action on immigration.

Posted: Mon Sep 06, 2010 11:54 am
by geriatrix
The questions people may want to also "speculate" on - what comes instead, and when?


regards

Posted: Mon Sep 06, 2010 6:36 pm
by Backer

Posted: Wed Sep 08, 2010 2:02 pm
by JulesN19
The Labour government had been planning to bring the relevant sections of the Borders, Citizenship and Immigration Act 2009 into force in July 2011. They had not, however, issued a statutory instrument to formally provide for such a commencement date.

The current government may well end up repealing the relevant sections of the Act. However, it is not necessary for them to do so. As the sections of the Act dealing with "earned citizenship" are to come into force on such date as the Home Secretary orders, the coalition government need not do anything to prevent the provisions from coming into force. They can simply sit on their hands and not bother specifying a commencement date.

Posted: Thu Sep 09, 2010 3:23 pm
by lboro
I think even though the Government might axe probatitonary citizenship, what comes next will most likely be far worse than probatitonary citizenship itself!! So don't be happy!!!!!

Posted: Sat Sep 11, 2010 4:16 am
by JAJ
JulesN19 wrote:The Labour government had been planning to bring the relevant sections of the Borders, Citizenship and Immigration Act 2009 into force in July 2011. They had not, however, issued a statutory instrument to formally provide for such a commencement date.

The current government may well end up repealing the relevant sections of the Act. However, it is not necessary for them to do so. As the sections of the Act dealing with "earned citizenship" are to come into force on such date as the Home Secretary orders, the coalition government need not do anything to prevent the provisions from coming into force. They can simply sit on their hands and not bother specifying a commencement date.
They can - but it then remains open to a future government to activate the provisions without needing new legislation. If they don't like the law, they need to repeal it.

Posted: Mon Sep 13, 2010 7:43 pm
by JulesN19
lboro wrote:I think even though the Government might axe probatitonary citizenship, what comes next will most likely be far worse than probatitonary citizenship itself!! So don't be happy!!!!!
We will have to wait and see. The statutory provisions on "earned citizenship" left all the rules about meeting the "activity condition" to be set in delegated legislation. If they wanted to make the process more onerous than Labour imagined, then they could bring the relevant sections of the 2009 Act into force and set the bar for the activity condition very high. If I recall correctly, the 2009 Act also allowed delegated legislation to modify the applicable residence period, meaning that they would also be able to use the 2009 Act to require ten years' residence for naturalisation.
JAJ wrote:They can - but it then remains open to a future government to activate the provisions without needing new legislation. If they don't like the law, they need to repeal it.
True. However, the 2009 Act was effectively an attempt to grab headlines by seeming tough on immigrants. (Oddly enough, the Daily Mail called the proposals to increase bureaucratic burdens for immigrants, "Labour's passport giveaway".) A future government would most likely try to get a headline-grabbing new law of its own.

There are examples of legislation sitting on the statute book for decades without being brought into force. My favourite example is section 28 of the Administration of Justice Act 1982.

Posted: Mon Sep 13, 2010 8:46 pm
by Kitty
JulesN19 wrote:There are examples of legislation sitting on the statute book for decades without being brought into force. My favourite example is section 28 of the Administration of Justice Act 1982.
:lol: I had to go and look that up, just because I love the idea of having a favourite piece of as-yet unactivated legislation.