New rules July 2011:how will we be deem for Naturalization?

[alejandrouk]

My EEA national unmarried partner has obtained confirmation of settled status using EEA3 and after living for one more year (to be completed in April 2010) in the UK and satisfying UK rules for Naturalization (before July 2011)

AND;

Assuming that I will be able to apply for Naturalization after living together for a period of 5 years as unmarried partner of an EEA citizen after July 2011 (In September 2011 to be more precise) when the new rules for naturalization come into effect.

Will we be able to apply together for Naturalization under the old rules?

Is clear that my EEA citizen unmarried partner that has obtained PR before July 2011 can do it as they have two year extension after the new rules come into play to apply for naturalization under the old rules. But, as I will only be obtaining PR status after July 2011
will I be denied to make a joint application for naturalization??

[wunder]

I don't think anybody can answer this for sure as nothing is yet clear whether new rules will actually commence in July 2011 and in which form exactly.

[daddy]

please what does the new rule say? could you share with some of us.
Thanks.

[Backer]

That's the point - there are no new rules yet. There is nothing yet to share. Continue monitoring this forum and/or UKBA website

[JulesN19]

I described in this thread how the Borders, Citizenship and Immigration Act 2009 would change the naturalisation process once in place for those not able to apply under the current rules.

However, as I noted in this thread, the plans of the last government to bring "earned citizenship" into force were not given effect by a statutory instrument and there will only be a July 2011 commencement date if the new government decides to do so.

Even if the new government brings Part II of the 2009 Act into force in July 2011, it will not affect your entitlement to permanent residence under EEA rules in September 2011. Additionally, if you end up meeting the "activity condition", your residence in the UK for five years will enable you to apply immediately after you get permanent residence.

[Backer]

JulesN19 - You assume that the new government will either adopt the Labour legisltation or keep the situation as it us.
There is a third option (which I believe is more likely) in which it will introduce new rules all togather for both ILR and citizenship.

[JulesN19]

JulesN19 - You assume that the new government will either adopt the Labour legisltation or keep the situation as it us.
There is a third option (which I believe is more likely) in which it will introduce new rules all togather for both ILR and citizenship.

Yes, it is entirely possible that the current government will decide to propose a statute to bring in its own new system. If that happens, then "earned citizenship" as such will become irrelevant because it will be the wholly new proposal that sets forth a new set of rules. However, keep in mind that that "earned citizenship" started as a green paper in 2008 and is still not the law in force more than two years later. If the current government wants to change things all over again, then it will take some time.

The ability of EEA nationals and their family members to obtain permanent residence under EEA rules will not be affected under any system because of the UK's treaty obligations. Naturalisation after EEA permanent residence can, however, be subject to whatever changes the government sees fit because naturalisation is a matter of national law.

[Backer]

The government can easily activate, for example, the "probationary" citizenship part of the Labour legislation but without the "earned" citizenship part.

BTW - Is permanent residency after 5 years an EU thing? Before 2006 permanent residency in the UK was 4 years only.

[JulesN19]

The government can easily activate, for example, the "probationary" citizenship part of the Labour legislation but without the "earned" citizenship part.

That would be pretty unworkable. Sections 58(2) seems to assume that Part II will be brought in together. More importantly, s. 58(13) seems to assume that probationary citizenship leave will be will not exist until sections 39 to 41 (dealing with the naturalisation changes generally called "earned citizenship") are brought into force.

Also, the current naturalisation rules require that someone be free of immigration time restrictions to be eligible, effectively meaning ILR, EEA permanent residence, or residence by an Irish citizen. As this would not include probationary citizenship, probationary citizenship leave would not fit into the immigration system without the "earned citizenship" amendments.

Since the immigration rules and the visa categories for which they provide are delegated legislation under the Immigration Act 1971, I suppose that a "probationary citizenship leave" category could technically be brought into existence with or without the 2009 Act. However, categories are usually created so as to be workable in the context of the other rules and statutory implications of them.

BTW - Is permanent residency after 5 years an EU thing? Before 2006 permanent residency in the UK was 4 years only.

Yes. The EU free movement directive led the UK government to enact the Immigration (European Economic Area) Regulations 2006.

(Even though Norway, Luxembourg, Iceland, and Switzerland are not in the EU, the former three are part of the EEA and have reached a deal with the EU to participate in free movement rights. Switzerland has negotiated its own agreement with the EU along similar lines and is treated as an EEA member under the UK's implementation of EEA and Swiss free movement rights.)

Even if the UK government decided to violate EU law tomorrow and repeal the regulations, the directive is directly effective against the UK government under EU law and the European Communities Act 1972.

[Backer]

Thanks JulesN19 for your enlightning comments.

[alejandrouk]

It seems that the earned citizen program will not be put into practice at all.

As reported in UKBA website on the 5th of November:

http://www.ukba.homeoffice.gov.uk/sitec ... nt-reforms[/quote]