The UK Border Agency is now stating
on its web site that the "earned citizenship" provisions of the Borders, Citizenship and Immigration Act 2009 will come into force in July 2011. However, I have not found any statutory instrument that gives effect to the planned July 2011 commencement date.
There is also a decent
summary of the transitional arrangements.
There are still important regulations that are yet to be written (hence the reason for "earned citizenship" not having come into force yet). Additionally, the rules will be much more complicated for those applying under the "earned citizenship" rules. If you are eligible to apply under existing rules, then you should probably do so.
Qualifying Immigration Status
The earned citizenship rules will require that somebody applying under the new rules have "qualifying immigration status" for the entire qualifying period.
Someone who goes from one form of qualifying status to another is still deemed to have continuously held qualifying status for the whole period.
At the moment, someone who lawfully resides in the UK on a temporary basis that does not normally lead to naturalisation can have that time counted if they end up getting ILR later on some basis. The new rules will mean that someone who has status that is not "qualifying" will not be able to start earning time toward naturalisation until they get the "qualifying" status.
Qualifying immigration status is defined as any of the following for those who are
not applying for naturalisation as a spouse or civil partner of a British citizen:
(a) qualifying temporary residence leave;
(b) probationary citizenship leave;
(c) permanent residence leave;
(d) a qualifying CTA entitlement;
(e) a Commonwealth right of abode; or
(f) a temporary or permanent EEA entitlement.
Qualifying immigration status is defined as any of the following for those who are applying for naturalisation as a spouse or civil partner of a British citizen:
(a) qualifying temporary residence leave based on a relevant family association;
(b) probationary citizenship leave based on a relevant family association;
(c) permanent residence leave based on a relevant family association;
(d) a qualifying CTA entitlement; or
(e) a Commonwealth right of abode.
You may find the references to "qualifying temporary residence leave" within the definition of "qualifying leave" to be circular. However, the 2009 Act defines "qualifying temporary residence leave" as any form of limited leave to remain that serves as a stepping stone to "probationary citizenship" status. (Probationary citizenship is a misnomer. It will be a new visa status that is an intermediate stage between limited leave to remain and citizenship or permanent residence. It involves fewer rights than ILR currently grants, but those with ILR need not worry because they will automatically be considered permanent residents under the new rules.)
Qualifying Period
For those who are
not applying for naturalisation on the basis of being the spouse or civil partner who is a British citizen, the "qualifying period" is as follows:
8 years for those who do
not meet the "activity condition"
5 years for those who
do meet the "activity condition"
For those who
are applying for naturalisation on the basis of being the spouse or civil partner who is a British citizen, the "qualifying period" is as follows:
6 years for those who do
not meet the "activity condition"
3 years for those who
do meet the "activity condition"
Activity Condition
The rules for meeting the "activity condition" will be set forth in regulations that the Home Office is yet to introduce. As seen from the
Home Office's recently closed consultation on the matter, meeting the activity condition will most likely involve getting a minimum number of points that come from various categories. It will probably involve the ability to get points from such activity as volunteering with a charity or for having such traits as high earning potential.
Status on the Date of the Application
An applicant for naturalisation will be required to have permanent residence, probationaty citizenship, a qualifying CTA entitlement (effectively meaning right to live here by virtue of being Irish), Commonwealth right of abode, or a permanent EEA entitlement.
