Naturalisation eligibility to be increased to ILR+2 years???

[William Blake]

Its a complete shake up of immigration. Feels like the doors are closing for all non-EU immigrants. The talk of having to do community service in order to get citizenship is so infuriating. Community service is a punishment for criminals not for people seeking a better life. Why should they be punished?

If we are all forced to do community service and we have a choice as to what we do I say we all work for some organization that works in immigration and against against the Home Office policies.

[Emma84]

WB, I totally agree with you, it does feel like the doors are closing. As a non-EU citizen with ILR, I am now thoroughly confused, upset and stressed out because the government, particularly the HO, don't bother to set up any plans for those of us already here and halfway through the immigration system.

Forced community service isn't voluntary service is it?

I also find it quite hypocritical coming from a government whose PM says that immigrants are vital to Britain's economy.

I was told in January that I could apply for citizenship next year, what are they suddenly going to decide I have to wait another two years? I wouldn't put it past them to try and make people in my position do the community service.

[Eugene_UK]

please forgive my ignorance but do I understand correctly that new law on Citizenship will be presented to the Parlament in November?
Consultation is now complete and HO will be working on the Green paper.
I am also worried as my ILR was dated by January 2008 and I was hoping to apply for BC in January 2009.
In your experience guys if this document becomes a law how long it may take to change HO proceedures and apply it? I hope HO needs some time to brief officers and caseworkers on new changes etc so it will take at least 6 - 12 months.

How was it with all other documents? When they have changed ILR period from 4 to 5 - was it a law passed through the Parlament or it was simply change applied solely by HO?

Your views are very welcome
Many thanks

[dnicky]

You are right, the consultation period is over and the HO is planning to table a draft legislative plan in parliament for approval including the relevant changes by November 2008.
Assuming the new legislation gets a go-ahead in the parliament, I would be surprised if HO implements the new rules before Spring next year at the earliest. But again it is my guess and is as good as anyone elses.

[agileflower]

This all gives me a splitting headache.

I would have been eligible to apply for naturalisation a few weeks ago - however am in the middle of a divorce - I am considering putting the application in anyway with a letter attached explaining wanting to not get pitched out of the UK if the rules change against me, be near my son (who is British and has lived here nearly his whole life). As a divorced person I need to wait another two years - but would I even be eligible to apply? Consensus seems to be I could keep my ILR forever but a) don't trust em and b) I want to be a citizen so I can travel for long periods freely without worry of losing my home/etc here in the UK.

I don't see a route for me in the 'new proposed rules' - no HSMP qualification, no spousal attachment, not being an asylum seeker....but with ILR. Is this the end of my road? I want to be able to vote - I don't care if I do community service etc etc - I just want my citizenship!

Tracy

[Marco 72]

This all gives me a splitting headache.

I would have been eligible to apply for naturalisation a few weeks ago - however am in the middle of a divorce

Are you divorced or not? There is no such thing as "in the middle of a divorce". If you are not divorced yet, why can't you apply?

[Christophe]

I would have been eligible to apply for naturalisation a few weeks ago - however am in the middle of a divorce - I am considering putting the application in anyway with a letter attached explaining wanting to not get pitched out of the UK if the rules change against me, be near my son (who is British and has lived here nearly his whole life).

Once you have ILR, your immigration status is not dependent on your spouse: you hold it in your own right. There is no plan to alter that situation, so you don't need to worry about that.

As far as I know, if you are still married (i.e. not yet divorced) you are entitled to apply on the basis of marriage to a British citizen. Apply using the NCS. When is your divorce likely to be finalised?

[agileflower]

It does have a box for legally separated - but the definition is a bit vague (from the website)

#
Legally separated

Living apart from a husband, wife or civil partner without divorcing or legally ending the partnership. No formal legal document is necessary to prove legal separation provided the couple are not living together. A couple can be separated but still live under the same roof if they arrange the household so that they no longer sleep or eat together, and do not do domestic chores, such as washing or ironing, for each other.

I am not divorced (waiting on final filing) but have gone through the first phase - decree nisi - but this definition uses the VERB form of divorcing and technically I am doing that.

I had thought of writing a letter putting it all up front and seeing how it went - so I would not ever be at risk of being accused of being unforthright and thereby jeapoardising any future application....

[Christophe]

I take your point, agileflower, and I don't know the answer. Someone here probably will. Have you started a new thread with an appropriate title, in case this discussion in the sticky gets missed?

[agileflower]

What I never saw addressed is how they will handle future citizenship applications from those who had ILR when the new rules go into effect.

I was presuming that there would be no path for 'us' - but maybe I missed something. If there is a path I'm not nearly so fussed!

[agileflower]

I take your point, agileflower, and I don't know the answer. Someone here probably will. Have you started a new thread with an appropriate title, in case this discussion in the sticky gets missed?

Good Idea - I will do that now.

[Christophe]

What I never saw addressed is how they will handle future citizenship applications from those who had ILR when the new rules go into effect.

I was presuming that there would be no path for 'us' - but maybe I missed something. If there is a path I'm not nearly so fussed!

There will be a "path": apart from anything else, the Government (believe it or not) wants to encourage people who are living in the UK permanently to become citizens; they don't want a situation to develop, as happened in Germany, for example, where there are people who are legally permanent residents of one sort or another but who have no path to citizenship. So I think you don't need to worry about that. Whether there will be any "grandfathering" of people who already have ILR if the rules change (e.g. time required for naturalisation) is a different question, but such people won't be denied the eligibility to apply for naturalisation.

[Eugene_UK]

here we go:

http://www.dailymail.co.uk/news/article ... sport.html

[thirdwave]

here we go:

http://www.dailymail.co.uk/news/article ... sport.html

Thanks for the link..hmm..so eight years it is then. Can`t see many people bothering with voluntary work, 'running a school sports team' etc in order to qualify for citizenship...

[tobiashomer]

There is nothing new in the Mail article... so we should have a draft Bill for the Queen's Speech in November. Does anyone have an idea how long it usually takes for Bills to become law?

any guesses as to what will happen to CURRENT ILR holders? I should be able to apply for citizenship on 21.01.09 and have been curtailing travel accordingly. if they are going to change the rules retrospectively, again, I think I will just give up.

[Siggi]

No one can really answer your question, but I'm also due to apply for naturalisation in January 2009.
If they change the law again, I don't know what I will do, but I'm at the point where I will tell them to stick it where the sun does'nt shine.

[mona-de-bois]

So they've made it retrospective again.

Guys, could you kindly explain this part:
has had the permanent permission for the whole of the qualifying period
of the document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
page 15.

Also please have a look at the definition of 'qualifying period' on page 18. It's 8 years (or 6 years if you're a volunteer).

Does it mean that if you've got ILR and don't want to switch to "Probational Sitizenship" you will have you wait eigth additional years (or six) after you obtained your ILR before you are eligible for naturalization?

[1963British]

The draft bill has the following language;

A is exempt from participating in such activities.

The government response to the consultation had this line but nothing else.

Some concerns were raised about how those already in the system will be affected by the proposals and how any transitional arrangements would work.

We also have no definitions on "activities."

So what does all this tell us? It tells us that someone is going to exempt. It also tells us that the ministers were concerned about those already on a "path." We also know that there is an implied goal of encouraging people to become citizens instead of remaining permanent residents.

My heart tells me that the right thing to do would be for the implementing regulations to "exempt" those that had ILR before a certain date.

My spouse already has ILR, but does not yet have three years so this is a "worry" for my family. My wife has been a volunteer from Day One because we thought it was a good thing to do. But I have no idea of the volunteering will meet the requisite definition.

[petkanov]

what a joke. I was thinking of applying in two years. Now I have changed my mind. They are not gonna make me volunteer for free and take away quality family time for the British passport. I am EU citizen and was thinking of naturalizing, but now I think it will be pointless. THis law is very strange and implies to me that the government think GB is such a great place, that people will do anything to become british. Come on, even the USA didn't come up with such a stupid law.

[TinTinTin]

With no dis-respect, no one forces anyone to become a british citizen

[Eugene_UK]

according to the following web-site draft bill has not been submitted to the Parliament yet:

http://www.commonsleader.gov.uk/output/page2133.asp

I understand that draft bill has been published but still on the stage of consultation then? And there was an announcement by J. Smith.

May be those who know how legislative system works will help us to understand the process please and when the bill may become a law?

Thank you in advance.

[whirly]

mona-de-bois said:

So they've made it retrospective again.

Where did you see that?

[Emma84]

I just read through the section that pertains to me as a partner of a British citizen. What confuses me is all the stuff about permanent permission (which I understand to be ILR) and probationary temporary permission (FLR I am assuming). As I currently hold ILR and could apply for naturalisation in January as I've been resident for 5 years, but I can't figure out whether I would be exempt or not, if they are even exempting certain people.

[thirdwave]

So they've made it retrospective again.

Guys, could you kindly explain this part:
has had the permanent permission for the whole of the qualifying period
of the document http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
page 15.

Also please have a look at the definition of 'qualifying period' on page 18. It's 8 years (or 6 years if you're a volunteer).

Does it mean that if you've got ILR and don't want to switch to "Probational Sitizenship" you will have you wait eigth additional years (or six) after you obtained your ILR before you are eligible for naturalization?

Having read through the draft, it appears that the proposed changes might actually benefit some applicants as it does not require the applicant to have held ILR for a year before applying for citizenship. Therefore someone who has been in the country for 8 years on a combination of student visas/WP/HSMP can apply for citizenship as soon as they are granted ILR or 'probationary citizenship rather than having to wait an extra year as is the case currently..

[RobinLondon]

thirdwave, I don't believe that's true.

Having read through the draft, it appears that the proposed changes might actually benefit some applicants as it does not require the applicant to have held ILR for a year before applying for citizenship. Therefore someone who has been in the country for 8 years on a combination of student visas/WP/HSMP can apply for citizenship as soon as they are granted ILR or 'probationary citizenship rather than having to wait an extra year as is the case currently

To be granted "probational citizenship", one must be on a specific path. Family, work or asylum. Each of these paths has a certain length (between 2 to 5 years) before probational citizenship may be granted.

That's when the next step begins, which may take anywhere between 1-5 years for citizenship/permanent residence. There is no provision for years from the first step (temporary residence) to be brought into the second step (probational citizenship). Each step has its own requirements that must be met before the migrant may progress to the next stage*.

Per this new draft, years spent as a student are completely useless towards making the switch from temporary residence to probational citizenship. And if one is on a work path, you must continue on working during probational citizenship if you hope to be eventually granted citizenship/permanent residence (see section 32(9) on page 15 of the draft bill).

The two key foundations of these new rules are that (1) the stages of the "path" have their own separate requirements and (2) any non-EU/EEA individual not on a family, work or asylum path has no longterm (legal) future in the UK.

* The one exception I foresee, perhaps, is that current ILR holders with that status granted under the old system will be allowed to apply for citizenship/permanent under the new rules (when they take effect) without having to become probational citizens first. Forcing them to do so would be a regressive, punitive act that I believe even the HO would want to avoid. If any ILR holder meets the requirements for citizenship before these new rules take effect, I would urge them to apply immediately and avoid this mess altogether.