ILR & British Citizenship 2011 onwards

[bangashk]

Dear all,

Please could someone advise me on my case. I have been working in UK on WP since March 2006 and will apply for ILR in Feb 2011. If I have been granted ILR then I will become eligible for BC in early 2012.

Now in a situation where you have been granted ILR on the current immigration rules, am I right in presuming that the BC will also be granted on old rules though it will be the time when provisional citizenship will has been set in completely.

Warm regards

[fahmad60]

hi there i have a same concern i am already ILR holder and i will eligible for BC end of july 2011 even rules starting from 1st july2011. can i apply under old rules or new rules and what are the new rules wht person have to do to extra and why people think its very difficut . plz can anyone ans the question thanks very much.

[bangashk]

I have just found this from one of the past discussions on this forum. I remember that this document/news was there on UKBA website but now I am unable to get hold of its link, but anyway, as far as I understand they will consider all ILR holders under current citizenship role even after July 2011 provided if they have been granted ILR before July 2011. Please correct me if I am wrong.


Under the old government, the transitional arrangments stated below were planned (they used to be on the UKBIA website). I guess with the new government you will just have to watch he developments in due: course

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 is planned for introduction in July 2011.

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 (ILR – 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.

[fahmad60]

Thanks bangashk for kind info regarding future citizenship. According to you info its clearly stated that ILR holder will be considered PR but lets see wht the govt will do on that time. once again thanks.

I aslo request to the senior member of this fourm to please contribute your opinions and info regarding this matter. thanks

[Backer]

I have been closely watching this issue in various forums.

The fact is that nothing I or anybody else currently says is certain and all is speculation but having said that it looks probable that those eligable for ILR prior to July 2011 will get it and once they have it they will probably be able to apply for citizenship along the lines of the old rules for certain transitional period.

[fahmad60]

I have been closely watching this issue in various forums.

The fact is that nothing I or anybody else currently says is certain and all is speculation but having said that it looks probable that those eligable for ILR prior to July 2011 will get it and once they have it they will probably be able to apply for citizenship along the lines of the old rules for certain transitional period.

thanks backer for some positve hope, yes nobody knows whts going to happen i would say lets see and wait.

[JulesN19]

I agree with Backer that nothing is quite certain yet.

The "earned citizenship" provisions contained in the Borders, Citizenship and Immigration Act 2009 are set to come into force on such date as the Home Secretary orders.

The Labour government said that it was planning to bring the provisions into force in July 2011, but it never issued an order to formally provide for a commencement date.

The new government has placed the "earned citizenship" provisions under review and has suggested that it is likely to scrap them. However, it may decide to adopt a wholly new set of amendments to the statutory sections on naturalisation.

The transitional arrangements cited by bangashk were required by the 2009 Act itself and would require a new Act of Parliament to change.

[fahmad60]

The transitional arrangements cited by bangashk were required by the 2009 Act itself and would require a new Act of Parliament to change.

Thanks JulesN19, its not clear wht going to be happend but if it dose happend then there will not ba transitional arrangements. Is that right?

[Backer]

fahmad60 - No one knows now what is going to happen for sure.

My personal assesment - What is important to note based on information coming from the new immigration minister (you can also see it on the UKBA site) is that they are more preoccupied with settlment (i.e ILR) than citizenship. This might mean that once you already have ILR it will probably still remain striaghforward to naturalize.

[Sky_High]

Some people got ILR since 1960s.

For many people ILR is the last stage of their journey. Especially if they are not allowed to have dual citizenships.

Many people on ILR have already got British passport for their UK borne childrens.

As you can see from the above, its not very easy to make any adverse changes to ILR holders. Making changes to T1, WP and other visa holders are 1000 times easier.

If you read carefully, the last PC bill even did not touch ILR holders. All safe.

[fahmad60]

Both Sky_High and Backer have good sourse of informatin with some technical points and thanks for providing for such a meaningfull information thanks both of you. Aagin as u siad just wait and see.

[JulesN19]

Thanks JulesN19, its not clear wht going to be happend but if it dose happend then there will not ba transitional arrangements. Is that right?

If the new government decides to bring "earned citizenship" into force as envisioned in the 2009 Act, then the previously mentioned transitional arrangements definitely will apply. Under these transitional arrangements, you would still have the opportunity to apply for naturalisation under the old rules.

If the government decides otherwise, then we'll have to wait and see. It would be almost inconveivable for any new system not to have transitional arrangements. Further, it would be extremely unlikely that any change would take effect in time to affect a naturalisation application that you may make in February 2011.

I can predict with reasonable certainty that fees will increase in the coming years.

[fahmad60]

t would be extremely unlikely that any change would take effect in time to affect a naturalisation application that you may make in February 2011.

Thanks JulesN19 for ur reply, i didnt get ur this above mentioned line but rules are changing in july 2011 nor feb 2011. Is there any other plan that govt thinking.

thanks

[Manas]

If the new govt decides to make significant changes in the ILR rules, by scrapping the Labour-govt proposed Border & Citizenship Act, would that not require a Parliamentary approval? Or would that also be an arbitrary decision like the one for the Temporary Cap for non-EU Economic Migrant Limit?[/b]

[JulesN19]

If the new govt decides to make significant changes in the ILR rules, by scrapping the Labour-govt proposed Border & Citizenship Act, would that not require a Parliamentary approval? Or would that also be an arbitrary decision like the one for the Temporary Cap for non-EU Economic Migrant Limit?

Repealing or amending the "earned citizenship" provisions of the Borders, Citizenship and Immigration Act 2009 would require an Act of Parliament. However, the relevant sections of that Act are not yet in force and the date on which it is to come into force is to be decided by statutory instrument. For this reason, the government could just decide never to activate "earned citizenship".

Thanks JulesN19 for ur reply, i didnt get ur this above mentioned line but rules are changing in july 2011 nor feb 2011.

"Earned citizenship" was only to change things in July 2011 if a statutory instrument were issued to bring it into force then.

It would be possible for the government to bring "earned citizenship" into force even earlier than Labour had planned. However, the new review suggests that it will be brought into force later than Labour had planned, if at all.

[fahmad60]

[quote="JulesN19

Thanks JulesN19 for ur reply, i didnt get ur this above mentioned line but rules are changing in july 2011 nor feb 2011.

"Earned citizenship" was only to change things in July 2011 if a statutory instrument were issued to bring it into force then.

It would be possible for the government to bring "earned citizenship" into force even earlier than Labour had planned. However, the new review suggests that it will be brought into force later than Labour had planned, if at all.[/quote]

thanks JulesN19 i got it now you guys very good sourse of information please postine them in future aswel thanks.

[fahmad60]

Thanks sushdmehta for suggesting me to continue this topic
but do u have any more info regarding my question . thanks

[Backer]

There is no new information reagrding this issue.
Monitor the UKBA website and this forum and once something comes up be sure that someone will post it. You are not the only one affected and watching this.

[fahmad60]

There is no new information reagrding this issue.
Monitor the UKBA website and this forum and once something comes up be sure that someone will post it. You are not the only one affected and watching this.

ok Backer i understand thanks

[Manas]

So, what was a speculation last month, is reality now!! "Earned Citizenship" has been scrapped.
However, coming back to my initial query - as announced in UKBA site, new settlement rules would be announced in due course. But, would not the new rule required to be passed in the Parliament first before being implemented? Moreover, would there be a consultation on this issue also, like the one for Immigration Cap?
Anybody has any information when would this new settlement rules be coming into force and would that be applicable retrospectively, i.e. for all the immigrants those who are in the UK? Or would the new settlement rule have a cut-off date for Entry Date in UK?

[geriatrix]

But, would not the new rule required to be passed in the Parliament first before being implemented?

No, because Immigration rules are delegated/ secondary legislation.

Continue discussion in this topic.



regards