Transitional arrangements for earned citizenship

th · Post by th » Wed Sep 23, 2009 11:25 am

http://www.ukba.homeoffice.gov.uk/sitec ... nts-earned

This does clear the transitional arrangement and gives all of us a clear path to plan for the next step.

23 September 2009

The UK Border Agency has announced transitional arrangements for migrants who will be on the journey to British citizenship when earned citizenship is introduced.

The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009. Sections 39-41 and 47-49 of Part 2 of the Act give effect to earned citizenship, which we plan to introduce in July 2011. We will announce the specific date of introduction closer to the time.

As the Borders, Citizenship and Immigration Bill progressed through Parliament, the government listened to the views of both the House of Lords and the House of Commons. The government subsequently agreed the following transitional arrangements:

If a migrant has already been given indefinite leave to remain (also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a 'permanent resident'. They will not need to pay or apply for this to occur. They will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

If a migrant has applied for indefinite leave to remain before the date when earned citizenship is introduced, and is subsequently granted indefinite leave to remain, they will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.

The introduction of earned citizenship has been postponed by six months, to give people time to adjust to the new system and to allow more applicants who are already in the United Kingdom to apply under the current rules. Earned citizenship will now be introduced in July 2011.

All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system.

e_menzies · Post by **e_menzies** » Wed Sep 23, 2009 8:27 pm

thats good so no need to apply for permanant residentcy (if u have already ILR before july 2011) so autumaticaly be considered as PR

taliska · Post by **taliska** » Wed Sep 23, 2009 8:56 pm

I'm sure the fees will change soon though seeing that they have a consultation on fees to charge and we are in a recession, they can always get money off migrants like us. I am not going to wait as at the end of the month they'll have my application

e_menzies · Post by **e_menzies** » Wed Sep 23, 2009 9:18 pm

taliska wrote:I'm sure the fees will change soon though seeing that they have a consultation on fees to charge and we are in a recession, they can always get money off migrants like us. I am not going to wait as at the end of the month they'll have my application

do it as soon as possbilbe nobody has trust on UKBA.

geek1981 · Post by **geek1981** » Thu Sep 24, 2009 5:56 am

Hi guys,

Need your help on this.. I got my WP in DEC2006 and then switched to Tier1 in April 2009. So my ILR was supposed to be in NOV 2011 as per current 5 year rule. If this new rule starts in July 2011, do I have to wait another 2 years (2013) to get my ILR? Is there anything in HSMP forum for the people who are right now on their 5 year ILR system?

Cheers
Rakesh

th · Post by th » Thu Sep 24, 2009 10:03 am

Unfortunately it is very obvious in the transitional arrangement that you fall into the new rule.

geek1981 wrote:Hi guys,

Need your help on this.. I got my WP in DEC2006 and then switched to Tier1 in April 2009. So my ILR was supposed to be in NOV 2011 as per current 5 year rule. If this new rule starts in July 2011, do I have to wait another 2 years (2013) to get my ILR? Is there anything in HSMP forum for the people who are right now on their 5 year ILR system?

Cheers
Rakesh

unfairworld · Post by **unfairworld** » Thu Sep 24, 2009 10:36 am

Hello friends,
any idea, what will happen to HSMPians - post Nov 2006.

dr_raihan29 · Post by **dr_raihan29** » Thu Sep 24, 2009 11:03 am

I guess this link gives us good indications of what to expect, I recived my hsmp approval oct 06 and FLR nov 13 06, I guess hopefully I am safe from the ILR point of view and fingers crossed will get ILR NOV 11 as per "reasonable expectation" clause, but still for citizenship I think I have to go through the stupid probationary period and voluntary crap

........atleast something is better than nothing.....can the experts of the board say if I am getting the things right here or wrong. thanks very much

joe777 · Post by **joe777** » Thu Sep 24, 2009 11:08 am

taliska wrote:they can always get money off migrants like us.

its not just migrants who have to pay, brits living in the country they were born in, have to pay for the non euro families !!

in my case, for the misses and kids, nearly Â£5,000 for settlement visas, flr, live in the uk test, ilr and citizenship !!

th · Post by th » Thu Sep 24, 2009 11:43 am

dr_raihan29, my own interpretation of that HSMP paragraph is only targeted for those under JR, otherwise it would have said WP as well.

Any comments other board members?

dr_raihan29 wrote:I guess this link gives us good indications of what to expect, I recived my hsmp approval oct 06 and FLR nov 13 06, I guess hopefully I am safe from the ILR point of view and fingers crossed will get ILR NOV 11 as per "reasonable expectation" clause, but still for citizenship I think I have to go through the stupid probationary period and voluntary crap ........atleast something is better than nothing.....can the experts of the board say if I am getting the things right here or wrong. thanks very much

Smart22 · Post by **Smart22** » Thu Sep 24, 2009 12:01 pm

dr_raihan29 wrote:I guess this link gives us good indications of what to expect, I recived my hsmp approval oct 06 and FLR nov 13 06, I guess hopefully I am safe from the ILR point of view and fingers crossed will get ILR NOV 11 as per "reasonable expectation" clause, but still for citizenship I think I have to go through the stupid probationary period and voluntary crap ........atleast something is better than nothing.....can the experts of the board say if I am getting the things right here or wrong. thanks very much

You are right Dr. HO has not given up.As per HSMP you will get PR but still you have to face new citizenship law to become citizen.you will not have PR before july 2011 & as per new law if u have ILR at time of implementation then u can apply citizenship in 2 years time under old rules

dr_raihan29 · Post by **dr_raihan29** » Thu Sep 24, 2009 12:03 pm

thanks guys............yes I got my extension under JR( not the 4 yr one but the other one) and i guess just hv to bite the bullet and go for the longer period nothing else we can do can we......

th · Post by th » Thu Sep 24, 2009 12:43 pm

Yes I know and the thing I hate most is the running goal which drives all of us mad.

dr_raihan29 wrote:thanks guys............yes I got my extension under JR( not the 4 yr one but the other one) and i guess just hv to bite the bullet and go for the longer period nothing else we can do can we......

unfairworld · Post by **unfairworld** » Thu Sep 24, 2009 3:47 pm

Does that mean, non HSMP-JR whose 5 yr completes after july 2011, will fall under new law for ILR as well as citizenship..

i am only confused, as there is no mention of which HSMP ?? in the UKBA statement.. what are your thoughts on this ??

th · Post by th » Thu Sep 24, 2009 4:09 pm

My point is if the word "HSMP" they had used in the transitional arrangement means ALL HSMP including those non-JR, then it will/should apply to the WP holders due to legitimate expectation.

unfairworld wrote:Does that mean, non HSMP-JR whose 5 yr completes after july 2011, will fall under new law for ILR as well as citizenship..

i am only confused, as there is no mention of which HSMP ?? in the UKBA statement.. what are your thoughts on this ??

unfairworld · Post by **unfairworld** » Thu Sep 24, 2009 4:48 pm

well, i am not sure whether non-jr will be accepted like jr, but i guess, this is now certain that law won't apply to jr and it will apply to non-HSMP.. how someone has started the journey to 5 yr/4 yr is also important like getting wp and switching to hsmp etc.. maybe we will hav to wait and see precise official explanations..

th wrote:My point is if the word "HSMP" they had used in the transitional arrangement means ALL HSMP including those non-JR, then it will/should apply to the WP holders due to legitimate expectation.

unfairworld wrote:Does that mean, non HSMP-JR whose 5 yr completes after july 2011, will fall under new law for ILR as well as citizenship..

i am only confused, as there is no mention of which HSMP ?? in the UKBA statement.. what are your thoughts on this ??

sala056988 · Post by **sala056988** » Thu Sep 24, 2009 7:37 pm

How about the 10 year rule? Are we to understand this path to settlement will be untouched until July 2011? The last paragraph of the ukba statement makes me think it would be okay...

"All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system."

th · Post by th » Thu Sep 24, 2009 7:51 pm

You can still apply ILR based on 10-year as long as you submit the application before July 2011 (of course you would have to be eligible first). After that, I am afraid you will have to go back to one of the path that allows settlement.

sala056988 wrote:How about the 10 year rule? Are we to understand this path to settlement will be untouched until July 2011? The last paragraph of the ukba statement makes me think it would be okay...

"All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system."

th · Post by th » Mon Sep 28, 2009 10:28 am

This is the second time HO delays to bring this into effect. As the next general election has to be held no later than Thursday 3 June 2010. So what "if" the Conservative or Conversative/LD forms the Government and I believe there could be a chance this plan may be changed? At least David Cameron made it clear that the ID card project will be scrapped. You never know...

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Transitional arrangements for earned citizenship

Transitional arrangements for earned citizenship