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Restrospective change to Citizenship laws ( as with HSMP )
Posted: Sat Apr 10, 2010 3:17 pm
by ilrwanted
hi
is it possible that the govt can apply a Restrospective change to Citizenship laws as they had done with HSMP and then we had to fight in the court to reverse it ?
I have ILR now ( after 5 years of HSMP ) but under constant fear that the new Conservative govt ( or even the Labour govt ) might implement changes restrospetively to curb immigration ?
regards
Gaurav
Posted: Sat Apr 10, 2010 4:54 pm
by kashyme
Although this section is for EEA route applications only
But
...as far as I understood the new citizenship law document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary ,
all the obstacles are before u get permanent residence/Indefinite leave to remain.
The 1st stage is temporary residence, 2nd is probationary citizenship and final is either british citizenship or permanent residence/ILR.
As you already hold ILR so don`t worry
Regards
Posted: Sat Apr 10, 2010 11:12 pm
by hunpak
So people like me should be worried who just got their eea2 and have long way to go for citizenship

Posted: Sat Apr 10, 2010 11:33 pm
by kashyme
hunpak wrote:So people like me should be worried who just got their eea2 and have long way to go for citizenship

well apparently this new citizenship law will not affect the rights of EEA nationals and their family members .
Posted: Sat Apr 10, 2010 11:48 pm
by Plum70
kashyme wrote:well apparently this new citizenship law will not affect the rights of EEA nationals and their family members .
Well, up until PR is attained. After that it is anyone's guess how long the wait will be before BC can be acquired.
Posted: Sun Apr 11, 2010 10:33 pm
by PaperPusher
HSMP forum Ltd won the JR becuase they were able to show that there was a legitimate expecation any changes in the rules would not effect them, despite changes being perfectly legal and allowed in the immigration rules. In effect the government went back on a promise to them, I do not think this could be the case with anyone else. In fact other people on non-HSMP schemes lost their JR.
Posted: Wed Apr 14, 2010 6:45 pm
by kashyme
Plum70 wrote:kashyme wrote:well apparently this new citizenship law will not affect the rights of EEA nationals and their family members .
Well, up until PR is attained. After that it is anyone's guess how long the wait will be before BC can be acquired.
Actually for those people who have already acquired the permanent resident status (either PR or ILR ) or even those who apply for one before the new law come into force, they will be allowed to apply Citizenship under the old citizenship law for two years after the new citizenship law will be active in July 2011, this is what they are calling a Transitional arrangement for earned citizenship . Please see this for more information
http://www.ukba.homeoffice.gov.uk/sitec ... nts-earned
Posted: Wed Apr 14, 2010 7:19 pm
by Plum70
What I mean is: EU nationals and their family members who attain PR after July 2011 are in the dark about what new requirements would dictate attaining BC in the future.
Posted: Wed Apr 14, 2010 7:21 pm
by kashyme
Plum70 wrote:What I mean is: EU nationals and their family members who attain PR after July 2011 are in the dark about what new requirements would dictate attaining BC in the future.
I agree