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I predicted this!RobinLondon wrote: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!RobinLondon wrote: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'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.ci07jjs wrote: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.
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 wrote:According the guardian these rules will not come into effect until 2010/and will not affect the residents who are already in the UK.
Yeah, thanks for the advice.RobinLondon wrote: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.
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.Jeff Albright wrote: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.
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.ci07jjs wrote: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
No different to what would happen in Australia, New Zealand, Canada or the United States.10 years in the UK and being kicked out - do you think thats fair - no!
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!?!No different to what would happen in Australia, New Zealand, Canada or the United States.
It's not really a question of what they should do, it's a question of what they will do.ci07jjs wrote: 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!?!
Were you a victim of domestic violence?agileflower wrote: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?
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)agileflower wrote: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?
Are you still legally married? If so, how long have you lived in the United Kingdom?agileflower wrote: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?