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Australian w.ILR concerned citizenship brexit

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Poppy123
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Australian w.ILR concerned citizenship brexit

Post by Poppy123 » Tue Aug 15, 2017 3:39 pm

Hi,

I am an Australian citizen and have just received my ILR after having a 5 yr ancestry visa. I decided to fork out the £2887 for ILR instead of extend the ancestry as I very much want British citizenship after 12 months on ILR. This is very important as I will need to return to Australia at some point in the future for a few years (and so would loose the ILR) but longer term back in the U.K.

My partner of 6 years is UK citizen and I know if we were married I wouldn't need to wait the 12 months (and we are open to doing this is needed by rather not for that reason) I meet all other requirements for citizenship e.g. Days out of country

My concern is with so much invested in this process to get citizenship, brexit may change my ability to claim citizenship after the 12 months (next august 2018). This is causing me quite a lot of worry.

Can any one provide any information as to weather it is possible/likely for this to happen?

Thanks very much in advance for any replies.

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Casa
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Re: Australian w.ILR concerned citizenship brexit

Post by Casa » Tue Aug 15, 2017 5:07 pm

Why would an Australian citizen in the UK under the Immigration Rules lose their ILR due to Brexit? This only affects EEA nationals or those here under the EEA Regulations as family or an extended family member. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Poppy123
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Re: Australian w.ILR concerned citizenship brexit

Post by Poppy123 » Tue Aug 15, 2017 5:25 pm

Hi Casa,

Thanks for your response.

I ask as I have read in some parliamentary papers where it refers to changes for citizenship which may effect both EEA and non-EEA. Perhaps non-EEA will be 'mopped up' with all the changes...

for example I read:

Future migrants
Free movement allows EU citizens to move freely across the EU to seek work and
access education. Once free movement ends, the Government will need to decide
whether simply to extend the existing non-EU immigration regime to EU nationals;
whether to have a new, potentially preferential scheme, for EU nationals; or whether to
introduce a new scheme covering both EU and non-EU nationals
. In doing so, the
Government will need to balance the political imperative of controlling immigration
with potential labour market disruption caused by new restrictions.
https://www.instituteforgovernment.org. ... on_WEB.pdf

secret.simon
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Re: Australian w.ILR concerned citizenship brexit

Post by secret.simon » Tue Aug 15, 2017 7:38 pm

The Institute for Government is an independent think-tank, not a government body and as a think-tank, it is indulging in some blue-sky thinking.

At the end of the day, Parliament can make and unmake any law that it likes about both immigration and naturalisation. For instance, in 1971, it deprived millions of Citizens of the United Kingdom and Colonies of the right to live in the UK by creating the concept of patriality (now the Right of Abode).

But at this point in time, there are no proposals to amend the naturalisation/citizenship laws as regards non-EEA nationals. The Government has declared an intention of introducing a bill on immigration, but I believe it will be dependant on the outcome of the Brexit talks.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Poppy123
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Re: Australian w.ILR concerned citizenship brexit

Post by Poppy123 » Tue Aug 15, 2017 8:33 pm

Thanks for your reply secret.simon.

I wanted just to check that I hadn't missed anything solid or convincing in the media that my worry was probable. Based on the two replies I am feeling better.

Do you know if there is a planned date or expected date when further details regarding the matter may be released?

Thanks again.

secret.simon
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Re: Australian w.ILR concerned citizenship brexit

Post by secret.simon » Tue Aug 15, 2017 8:41 pm

Poppy123 wrote:Do you know if there is a planned date or expected date when further details regarding the matter may be released
As there are no planned changes to British citizenship, there is no planned or expected date.

I would expect more details as regards the way forward for EEA citizens in the UK to solidify in the first and second quarter of 2018.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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