I just finished reading the document looking as to how it would affect my family. Here is my take on it based on my families particulars.
My wife was granted Indefinite Leave to Enter/Remain based on the four year marriage concession. We are now in the UK as a family and she would have what they are terming "Permanent Residence" already. She qualified for her ILE prior to the enactment of Life in the UK as an entry clearance requirement.
Right now we are letting the three year clock toll so she can become a citizen. She will not have those three years until after the implementation of the new guidance.
We can only guess as to what will go before Parliament, but I can not envision those that already have ILR (Permanent Residence) "stepping down the ladder."
My wife needs to take the Life in the UK to become a citizen and she will do that.
The key phrase "Active citizenship speeds up progress to British Citizenship" on page 31 appears to be very important. It does not say active citizenship is a requirement. My reading is that if you are a "volunteer" for one year, you can become a Citizen quicker. If you are not a "volunteer" you need to wait three years. So, if you do not want to volunteer....... It looks to me like there will actually be little change to the actual law but this will somehow fall under the "good character requirement."
Now I ask myself how does this affect my wife who had Permanent Residence on the day she arrived in the UK and is waiting for the three year tolling?
Scenario One, is that there will be zero impact as she is already in "Stage Three." She applies for citizenship as planned at the three year mark.
Scenario Two, is that the law requires either three years "permanent residency" where you do nothing or one year "permanent residency" as a volunteer before applying for citizenship.
Because my wife will have been a full fledged permanent resident for three years before applying, my guess is that volunteerism will not impact her in the final bill. However, my wife is a volunteer for a registered charity from day one of arrival, as I thought it was good for her to get involved immediately, so it will still have no affect.
How would it affect other British Spouses/Partners that come over on the two year limited leave? If you do not volunteer, you finish out your two years, then "extend" for three years to become a permanent resident, making sure you take Life in the UK, back to page 31, key phrase "Can switch to Citizenship at a later date" implies that you go straight to the Citizenship Application at that point since you sat out your time in the penalty box.
Whats my betting guess as to how it will affect those within this limited area of scope?
My betting guess is that anyone who has been granted ILR prior to the effective date will probably be in good shape. ILR and Permanent Resident will be deemed interchangeable in the final bill. Permanent Residents will be able to go to Citizenship at anytime subject to Life in the UK test.
Are there any planning opportunities out there? Well, if you are a British Citizen and have been married for more than four years to an alien outside the UK, then it is probably a real good idea for the spouse to come over on a tourist visa, take Life in the UK, go back home and apply for ILE under the four year concession, then make sure you arrive back in the UK as a family to get date stamped before anything goes into effect.
Those that are here on a two year limited leave that will not be completed until after the magic date in 2009 appear to be out of luck.
It will be interesting to see the final product now from Parliament!
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