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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I don't think the rules will become any easier compared to PC, if it is indeed axed. That would completely defy logic of the recent Government's action on immigration.letmec2006 wrote:As I have mentioned in the other thread, I dont know the truth of this Tories supporting paper, sound good to me though, and for all who are in country.
We cant speculate either at this time about more stringent measures they might bring in than the "earned" citizenship or points based citizenship which we had been discussing so long.
They can - but it then remains open to a future government to activate the provisions without needing new legislation. If they don't like the law, they need to repeal it.JulesN19 wrote:The Labour government had been planning to bring the relevant sections of the Borders, Citizenship and Immigration Act 2009 into force in July 2011. They had not, however, issued a statutory instrument to formally provide for such a commencement date.
The current government may well end up repealing the relevant sections of the Act. However, it is not necessary for them to do so. As the sections of the Act dealing with "earned citizenship" are to come into force on such date as the Home Secretary orders, the coalition government need not do anything to prevent the provisions from coming into force. They can simply sit on their hands and not bother specifying a commencement date.
We will have to wait and see. The statutory provisions on "earned citizenship" left all the rules about meeting the "activity condition" to be set in delegated legislation. If they wanted to make the process more onerous than Labour imagined, then they could bring the relevant sections of the 2009 Act into force and set the bar for the activity condition very high. If I recall correctly, the 2009 Act also allowed delegated legislation to modify the applicable residence period, meaning that they would also be able to use the 2009 Act to require ten years' residence for naturalisation.lboro wrote:I think even though the Government might axe probatitonary citizenship, what comes next will most likely be far worse than probatitonary citizenship itself!! So don't be happy!!!!!
True. However, the 2009 Act was effectively an attempt to grab headlines by seeming tough on immigrants. (Oddly enough, the Daily Mail called the proposals to increase bureaucratic burdens for immigrants, "Labour's passport giveaway".) A future government would most likely try to get a headline-grabbing new law of its own.JAJ wrote:They can - but it then remains open to a future government to activate the provisions without needing new legislation. If they don't like the law, they need to repeal it.
I had to go and look that up, just because I love the idea of having a favourite piece of as-yet unactivated legislation.JulesN19 wrote:There are examples of legislation sitting on the statute book for decades without being brought into force. My favourite example is section 28 of the Administration of Justice Act 1982.