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6 years in possession of ILR + Charity work = BC

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Tangozebra
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Joined: Sat Sep 27, 2008 3:31 pm

6 years in possession of ILR + Charity work = BC

Post by Tangozebra » Thu Nov 20, 2008 11:15 pm

Is it just me or the UKBA are trying to sneak something in through the back door. I read the draft bill today and this is what I found.

32 Requirements for naturalisation as a British citizen
(1) In Schedule 1 to the British Nationality Act 1982 (c. 61), for paragraphs 1 and 2 and the cross-heading immediately preceding them, substitute –

“Naturalisation as a British citizen under section 6(2) (Case 1) or section 6(3) (Case 2)"
……
……
…..

Where A has permanent permission on the date of the application but has not had probationary citizenship permission –
(i) A has had the permanent permission for the whole of the qualifying period.

Note qualifying period varies based on the core fact that if you did some sort of community or charity work then you’ll get time deducted.
For example: X = 8 years, Y = 2 years and Z = conviction time spent
(i) If you’ve done community service then to qualify for BC you must have had ILR for (X-Y) years
(ii) If above is correct and you have been convicted then you must have had ILR for ((X-Y) + Z) years
(iii) If you have not done any community service and have no conviction (X) years
(iv) If you have not done community service and have conviction (X+Z) years

This is a major problem according to the wording of the document as it means the current qualifying period of 5 years lawful residence + 1 year ILR, could potentially become 8 years ILR.
Has anyone else noticed this subtle change?

thsths
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Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: 6 years in possession of ILR + Charity work = BC

Post by thsths » Fri Nov 21, 2008 9:23 am

Tangozebra wrote:Is it just me or the UKBA are trying to sneak something in through the back door. I read the draft bill today and this is what I found.
I think this was already mentioned in the consultation. Naturalisation via ILR/PR is supposed to take longer than via the probationary citizenship. Only the exact figure (5 years longer, unless you are the spouse of a BC) is new, as far as I know.

Of course the law does remind me of a carrot on a stick. If it passes, citizenship is much further away for a lot of people then when they came to the UK (not to mention much more expensive and more complicated). Given that the rules are "made up as you go along", I wonder how many people will opt for the probationary citizenship. I will most certainly stay under European law.

The stated objective of the changes was to get more people into British Citizenship, and to increase the connection the UK. I am quite convinced that it will have the opposite effect. Especially in the transitional period hardly anybody would qualify for citizenship - thus reducing the numbers nearly to zero.

Siggi
Senior Member
Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Fri Nov 21, 2008 12:05 pm

Tangozebra,
Please bare in mind this is only a draft bill, so it's not clear cut and needs to be approved first, before it becomes law.
Still it does anger everyone and those who will be effected ie people who are due for naturalisation in summer 2009. :twisted:

goldfish
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Joined: Tue Nov 14, 2006 10:12 am

Post by goldfish » Fri Nov 21, 2008 12:31 pm

Taking the economic situation into account, and considering the arbitary immigration/tax rules and moving goalposts, will the UK even remain attractive as a destination?

I read an article (over someone's shoulder in the tube!) that said the UK is becoming less popular for Australians wanting to move overseas and that they are choosing other places in preference. Those already here are tending to stay, though. Just some examples...

Tangozebra
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Posts: 20
Joined: Sat Sep 27, 2008 3:31 pm

Post by Tangozebra » Fri Nov 21, 2008 7:10 pm

I know this just a draft bill, but if I remember clearly, this is what the UKBA do. They come up with some weird rules and end up destroying or destabilising the lives of people who have invested so much in this country. I am starting to think of Canada as i believe they will respect my qualification expertise and allow for quicker integration without useless red tape and unnecessary procrastination.

aboudi
Junior Member
Posts: 61
Joined: Mon Aug 23, 2004 1:19 am

Post by aboudi » Sat Nov 22, 2008 6:39 am

i cant believe it! if you dont go the probationary citizenship route then its 6 years of "permanent permision" to qualify for citizenship!!! now we know whats going to happen to everyone with ILR after next summer..... so much for encouring people to become british, they are encouraging people to leave.... plus it seems that for spouses married to british citizens the wait will go from 2 to 5 years on "temporary permision" plus 1 year "permanent permision"....
wow none of that was in the green paper... the proposed bill is even worse than anyone thought....
(good bye to the term "leave to remain" read the end of the bill...)

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