The end of the 10/14 year settlement paths?

[RobinLondon]

Within today's consultation document, I did not find any reference to the long stay paths at all, and following the logic put forth, I would not be surprised if they are removed entirely from the Immigration Rules.

This is the future, non-EEA kids:

You've got to put yourself on one of the three paths:

- Economic-related
- Family-related
- Asylum

Or you've got no basis for a long-term stay in the UK.

:-/

(if anyone finds any reference to them, please feel free to correct me!)

[Wanderer]

Within today's consultation document, I did not find any reference to the long stay paths at all, and following the logic put forth, I would not be surprised if they are removed entirely from the Immigration Rules.

This is the future, non-EEA kids:

You've got to put yourself on one of the three paths:

- Economic-related
- Family-related
- Asylum

Or you've got no basis for a long-term stay in the UK.

:-/

(if anyone finds any reference to them, please feel free to correct me!)

I predicted this!

Does seem anachronistic to give ILR to perennial students (not those here since school or those concerned with viniculture, roads, aqueducts, public health or peace keeping) but those who stagger along on crappy course to crappy course.

Also the 14 year one is effectively a reward for breaking the law for 14 years....

[ci07jjs]

Within today's consultation document, I did not find any reference to the long stay paths at all, and following the logic put forth, I would not be surprised if they are removed entirely from the Immigration Rules.

This is the future, non-EEA kids:

You've got to put yourself on one of the three paths:

- Economic-related
- Family-related
- Asylum

Or you've got no basis for a long-term stay in the UK.

:-/

(if anyone finds any reference to them, please feel free to correct me!)

What you are saying is absurd!
The changes proposed are to be imposed to gain british citizenship. There are no reference to anywere that these changes would affect migrants applying for ILR.

[RobinLondon]

What you are saying is absurd! The changes proposed are to be imposed to gain british citizenship. There are no reference to anywere that these changes would affect migrants applying for ILR.

I'm sorry to have to insist, but I'm just reporting what the consultation documents are saying. I think what's important to realise is that the Government is making a very strong policy link between settlement and citizenship. Repeated several times throughout the document and throughout Ms Smith's speech was that there are now going to be exclusively three paths to staying longterm in the UK: economic, family or asylum routes. Attached to those three paths are three stages: temporary resident, probational citizen and British citizen/permanent resident.

Only people on the economic, family or asylum routes will pass through these three stages:

5 years in Tiers 1/2, 1-5 years in probation and then citizenship.
...or 5 years in Tiers 1/2, 3-5 years in probation, then permanent residence.

Or

2 years on a spouse visa, 1-5 year in probation and then citizenship.
...or 2 years on a spouse visa, 3-5 years in probation, then permanent residence.

"Permanent residence" is the new ILR, which is basically for those who can't/won't become British. But like naturalisation, it is being limited to those who have followed a specific path and accrued a certain number of points.

There is no provision AT ALL within the document to accommodate longterm stayers. These aren't my words. They are the Home Office's. My advice is to get into one of the three paths as quick as you can because things are going to change very soon. There has been a major policy shift in which the HO wants to establish very specific channels and minimise the number of longterm non-EEA stayers in this country who aren't citizens, or at the very least permanent residents.

If you don't take my word for it, look at page 20 of the consultation document. You'll see where Indefinite Leave to Remain fits into the new scheme of things. And again, it's only available for Tiers 1/2, family members and asylum seekers.

[ci07jjs]

Totally agree, I have been on and off the workpermit/student visa and hoping to apply for ILR in sept 2009 under the 10 year rule. The consultation documentation has not been passed through the legislation neither it has been approved. According the guardian these rules will not come into effect until 2010/and will not affect the residents who are already in the UK.

http://www.guardian.co.uk/politics/2008 ... mmigration

10 years in the UK and being kicked out - do you think thats fair - no!

[RobinLondon]

I totally agree with you. I'm just saying that for your own sanity, if you can find your way into one of their favoured categories, do it. It will still qualify you for the ten-year rule should it still be around in Sep 09. However, if the HO decide suddenly to get all arsey and retrospective about the new rules (which they have been known to do!) at least you're on a path to settlement.

Ambiguity sux.

[RobinLondon]

According the guardian these rules will not come into effect until 2010/and will not affect the residents who are already in the UK.

Why did Ms Smith not make this reassuring point during her speech this afternoon? Can anyone find it in the consultation document? I hope this line from the Guardian is binding upon the HO!

[ci07jjs]

I totally agree with you. I'm just saying that for your own sanity, if you can find your way into one of their favoured categories, do it. It will still qualify you for the ten-year rule should it still be around in Sep 09. However, if the HO decide suddenly to get all arsey and retrospective about the new rules (which they have been known to do!) at least you're on a path to settlement.

Ambiguity sux.

Yeah, thanks for the advice.
I am not an expert with the immigration but I know the government always delays with any intended new legislation. The tier based point system has been on the news since 2005, and only now it has come
out!!!

[Jeff Albright]

Wondered how those with LTR outside the Rules will be disposed of?
I meant those with Discretionary Leave who can apply for ILR after 6 years.

[alientrader]

Okay boys and girls, it is quite clear that the Uk does not need non-EU immigration anymore, they can get them all from east europe.
In the future, you might not be able to even take a spouse from a non-EU country. keeping it all in the family ya know?
Too bad, blame it on protectionist europe.
its time to go, with our skills, canada , australia and usa awaits

[ci07jjs]

Wondered how those with LTR outside the Rules will be disposed of?
I meant those with Discretionary Leave who can apply for ILR after 6 years.

I am just thinking why there is a need for pre-assumption discussion on this topic. There is no proposal in place stating long-residence schemes being taken down. Just because it’s not in the consultation document, it doesn’t mean to say it won’t exist in the future.

Maybe the home office are reviewing only certain types visas (workpermit, hsmp) that needs to be re-considered leading to ILR. They might well be thinking the long residence rules are well in order and no further consultation from the public is required…this is just an optimistic view.

[JAJ]

Totally agree, I have been on and off the workpermit/student visa and hoping to apply for ILR in sept 2009 under the 10 year rule. The consultation documentation has not been passed through the legislation neither it has been approved. According the guardian these rules will not come into effect until 2010/and will not affect the residents who are already in the UK.

http://www.guardian.co.uk/politics/2008 ... mmigration

We will have to wait and see the legislation. Nobody's existing leave is going to be cancelled but what will likely happen is that people will get "transferred" from their existing leave to one of the new categories and will need to progress from there.

In other words, if you're on HSMP for example and arrived in 2008, you will get mapped (presumably) to Tier 1 but you will not get ILR in 2013. Instead you'll have to go for "probationary citizenship" at that point.

10 years in the UK and being kicked out - do you think thats fair - no!

No different to what would happen in Australia, New Zealand, Canada or the United States.

[ci07jjs]

No different to what would happen in Australia, New Zealand, Canada or the United States.

If thats the case, they should abolish that rule only for new entrants as of sometime, say people coming in 2009. The 10 year rule is already there and well established, it won't be fair on the current immigrants being told that you cannot apply under the 10 year anymore especially after living 8 or 9 years in the uk, is it!?!

[JAJ]

If thats the case, they should abolish that rule only for new entrants as of sometime, say people coming in 2009. The 10 year rule is already there and well established, it won't be fair on the current immigrants being told that you cannot apply under the 10 year anymore especially after living 8 or 9 years in the uk, is it!?!

It's not really a question of what they should do, it's a question of what they will do.

If they have decided to remove the 10 year route to settlement then I cannot see them wanting legacy applications coming through up until 2019.

[agileflower]

We will have to wait and see the legislation. Nobody's existing leave is going to be cancelled but what will likely happen is that people will get "transferred" from their existing leave to one of the new categories and will need to progress from there.


What about those who do not fit so neatly? I would have been due to apply for citizenship in TWO MONTHS TIME but am getting divorced - the process has already started. I would not qualify under the Tier1/Tier2....and I'd no longer be a family member... what of folks like me?

[thirdwave]

We will have to wait and see the legislation. Nobody's existing leave is going to be cancelled but what will likely happen is that people will get "transferred" from their existing leave to one of the new categories and will need to progress from there.


What about those who do not fit so neatly? I would have been due to apply for citizenship in TWO MONTHS TIME but am getting divorced - the process has already started. I would not qualify under the Tier1/Tier2....and I'd no longer be a family member... what of folks like me?

Were you a victim of domestic violence?

[agileflower]

Were you a victim of domestic violence?

No. A victim of a terrible choice perhaps but not DV.

[agileflower]

What really smarts is that if this goes into effect april 2009 (assuming april 1) that means I will be 24 days short of having been able to apply for citizenship despite the divorce. What if they decide I do not fit in to a category and they throw me out? I have a little boy I wanted to raise here and not in the US, my life has been built here, I do not want to leave - but I am not a Tier 1 or 2 person - I don't know how I could survive on a teaching salary even if I started a qualification -

[agileflower]

What do you think the fate of current ILR-ers is? I asked an immigration lawyer this morning and her response was that this new legislation will effect those who are immigrating and pursuing citizenship - I already have ILR, (I am done with the 'immigration' bit) - I may find it very hard to get citizenship on one of the 'paths' but they are not going to make me leave or revoke my ILR.

Thoughts?

[thirdwave]

What do you think the fate of current ILR-ers is? I asked an immigration lawyer this morning and her response was that this new legislation will effect those who are immigrating and pursuing citizenship - I already have ILR, (I am done with the 'immigration' bit) - I may find it very hard to get citizenship on one of the 'paths' but they are not going to make me leave or revoke my ILR.

Thoughts?

I think you are safe..All they are proposing is to possibly extend the residence requirement for citizenship and make the process and bit harder and more humiliating(apparently one would 'value' the ciizenship more that way)

[JAJ]

WWhat about those who do not fit so neatly? I would have been due to apply for citizenship in TWO MONTHS TIME but am getting divorced - the process has already started. I would not qualify under the Tier1/Tier2....and I'd no longer be a family member... what of folks like me?

Are you still legally married? If so, how long have you lived in the United Kingdom?

[ben_scaro]

I do not want to revive an old topic unnecessarily, but has there been any word from the debate on the Immigration and Citizenship Bill about the fate of the 10 year and 14 year rule?

I'm concerned that for certain classes of applicant (stateless BOCs for example) that this is probably their only option . . .

I can't see them fitting neatly into one of the three categories talked of back in 2008, but nor can I see them being able to go somewhere else, unless Britain decides to reclassify the Isle of Sheppey as the British Overseas Territory, for example .

Ben