Earned Citizenship??

[PaulT]

Hi,

My un-married partner has just been granted a two year visa under the FLR(M) visa category.

Normally, the next stage would be to apply for Indefinite Leave to Remain (ILR) using the SET(M) visa in two years time.

However, while investigating this, I've come across some info about "earned citizenship". It quite old info, so I was wondering if that is still going to happen now that a new Government is in place and if so, does anyone have any information about how it might affect people currently in their probationary period using visa FLR(M)?

I have searched the UKBA website, but there is no mention of it at all!

If anyone can help or give advice on this, that would be very much appreciated. I read it’s supposed to come into effect in July 2011, so I'd have thought the details would have been released by now!

Thanks, Paul.

[blue.olive]

there was a gossip that new govt is intending to revoke earning citizenship bill
but as of today there is no confirm news therefore
new bill be in force from july2011

Hi,

My un-married partner has just been granted a two year visa under the FLR(M) visa category.

Normally, the next stage would be to apply for Indefinite Leave to Remain (ILR) using the SET(M) visa in two years time.

However, while investigating this, I've come across some info about "earned citizenship". It quite old info, so I was wondering if that is still going to happen now that a new Government is in place and if so, does anyone have any information about how it might affect people currently in their probationary period using visa FLR(M)?

I have searched the UKBA website, but there is no mention of it at all!

If anyone can help or give advice on this, that would be very much appreciated. I read it’s supposed to come into effect in July 2011, so I'd have thought the details would have been released by now!

Thanks, Paul.

[avjones]

It was a Labour idea, and to be honest, we just don't know what will happen. Sorry.

[mcovet]

this has been discussed here before, the actual Borders, Citizenship and Immigration Act 2009 http://www.legislation.gov.uk/ukpga/200 ... 011_en.pdf has already come into force.

Several parts of it, including the one about probationary citizenship, is due to come into force in July 2011, but it is delegated to the Sec of State to lay down the exact form of how and what requirements it will have. That is why everyone is in anticipation. It's true that the Bill was the Labour gov's idea to try and win some votes, however, it wasn't greatly opposed by the Conservatives and if anything they will want stricter control on citizenship (you may remember their desire to CAP the amount of people granted BC per year in their election manifesto!). Thus, I wouldn't hope for anything but more (oft stated terms) hoops to jump through and goalposts being moved around the pitch

Thus, July 2011 is THE D-Day for immigrants, and most of them should mark that date on their calendars and pray

hope this helps

Hi,

My un-married partner has just been granted a two year visa under the FLR(M) visa category.

Normally, the next stage would be to apply for Indefinite Leave to Remain (ILR) using the SET(M) visa in two years time.

However, while investigating this, I've come across some info about "earned citizenship". It quite old info, so I was wondering if that is still going to happen now that a new Government is in place and if so, does anyone have any information about how it might affect people currently in their probationary period using visa FLR(M)?

I have searched the UKBA website, but there is no mention of it at all!

If anyone can help or give advice on this, that would be very much appreciated. I read it’s supposed to come into effect in July 2011, so I'd have thought the details would have been released by now!

Thanks, Paul.

[PaulT]

Hi,

Thanks to everyone who's replied to my question so far.

It sounds like it's just a case of 'wait and see'. I know the current Gov is keen to limit the number of immigrants coming into the UK, but they've not said too much about those already here...

mocovet - thanks for the link, although to be honest, I can't say I understand much of it!!

If they did revoke earned citizenship, I wonder what they would replace it with and how quickly?

I have to say, it's really unfair that they can change the goal-posts whenever they like. If someone is granted an FLR(M) visa they should reasonably expect to progress onto a SET(M) visa after their two year probationary period, so it's unfair they can change that during those two years. If they want to change the visa rules, it should only apply to new immigrants.

Paul.

[JulesN19]

new bill be in force from july2011

Not necessarily.

The sections of the Borders, Citizenship and Immigration Act 2009 that deal with "earned citizenship" are to come into force on such day as the Home Secretary orders (s. 58(2) Borders, Citizenship and Immigration Act 2009). The Labour government said that it intended to bring these sections into force in July 2011, but it did not issue a statutory instrument to order such a commencement date.

The new government is reviewing the matter and has not committed itself to any commencement date. As no statutory instrument has been issued to provide for a commencement date, there is no timeline for the new rules to come into force.

Several parts of it, including the one about probationary citizenship, is due to come into force in July 2011

As noted above, the commencement date is to be defined by delegated legislation, just like the specifications about the "activity condition" for the purposes of the "earned citizenship" rules.

As the July 2011 commencement date is not provided by law and is not the policy of the current government, there is no reason to believe that "earned citizenship" will be brought into force in July 2011 or at any other particular time.

As I have noted before, it is entirely conceivable that the government will not decide to repeal "earned citizenship" but also not bother bringing it into force.

[PaulT]

It seams that Earned Citizenship will now not be implemented by the new Government:

http://www.ukba.homeoffice.gov.uk/sitec ... nt-reforms

I wonder what they will decide on in it's place... They are using strong language and I just hope they won't break up families by introducing rules which are over the top (unfair or unachievable)

[JulesN19]

The announcement strongly suggests that the government will seek to reduce the routes to settled status. For those who are not EEA nationals or family members of EEA nationals, this can be given effect through changes to the Immigration Rules. As the Immigration Rules are delegated legislation, the government need not make statutory changes to make it more difficult for people to receive indefinite leave to remain. Many of those who are already here will arguably have a legitimate expectation of being given settled status and we can expect transitional arrangements for them.

As the "earned citizenship" provisions of the 2009 Act are not being brought into force, the statutory requirements for naturalisation will remain the same. Of course, fewer people may qualify simply because fewer receive settled status, a stepping stone to naturalisation. For those who already have settled status, nothing changes.

Those who are EEA nationals or family members of EEA nationals exercising treaty rights have little to worry about. The right to permanent residence after five years will have to continue as a matter of the UK's treaty obligations. As having at least five years' residence and one year's settled status will remain the residence requirement for naturalisation in the absence of amendments from the 2009 Act, the path to naturalisation will not change for these people.