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New Immigration Bill


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#1 IyaCiara

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Posted 27 July 2009 - 01:16 PM

Just wondering if anyone knows what effect this will have on those of us who are European citizens exercising treaty rights in the UK? I already have ILR but my non-EEA husband was granted his 5yr residence card in Sept. 07 and normally should be eligible to receive permanent residence under EU Law from Sept. 2012. Under the new rules will he be have to apply for probationary citizenship instead?

Thanks.



#2 Mutly

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Posted 27 July 2009 - 01:24 PM

Under the new rules will he be have to apply for probationary citizenship instead?


No. The European rules are not changing.

When the provisions of the new Act are implemented, people not married to a British citizen will need eight instead of the current six years (5 + 1 with settled status) of residence. No specific guidelines have been issued yet, but it appears that people on the European route will simply have permanent residence for three years first.

However permanent residence will still be obtained automatically after five years of exercising treaty rights under the European rules.

#3 Str

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Posted 28 July 2009 - 08:33 PM

Currently volunteering is not mandatory. It however reduces length of probationary citizenship required to apply for BC.

From what I remember every 12 hours volunteered reduces probationary citizenship by 1 year to a minimum of 1 year and hence 6-8 years requirement for BC. So, if you don't volunteer at all you need to stay on probationary citizenship for 3 years, if you volunteer 24 hours then only need 1 year of probationary citizenship. If you don't want BC and want something akin EU PR it will take 8-10 years. Not sure makes sense for EU national to get PR under UK rules as opposed to getting PR after 5 years as per EU directive.

However, I suspect this will change with coming proposal for point-based citizenship.

This new act doesn't affect EEA national or their family members rights to stay in the UK, which is covered by EU directive.
In contrast for people under UK immigration route probationary citizenship is limited leave to remain, which would mean if they can't progress to BC or PR they have to leave the UK.
So, under EU route you still get PR after 5 years.

During parlimentary debates there were talks about uninterupted employment requirement. Not quite sure if it's only during probationary citizenship period only.

If you have PR before July 2011 or have applied for PR before July 2011 and it was successful you have up to July 2013 to apply for BC under old rules.

What we have to remember BC is a privilage, not a right. They can make obtaining BC as hard as they want. Unless you are born here or something similar granting BC is at their discretion.

#4 casualwalks

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Posted 28 July 2009 - 09:35 PM

From what I remember every 12 hours volunteered reduces probationary citizenship by 1 year to a minimum of 1 year and hence 6-8 years requirement for BC. So, if you don't volunteer at all you need to stay on probationary citizenship for 3 years, if you volunteer 24 hours then only need 1 year of probationary citizenship. If you don't want BC and want something akin EU PR it will take 8-10 years. Not sure makes sense for EU national to get PR under UK rules as opposed to getting PR after 5 years as per EU directive.



Str, has this actually been made official? If so can you post the link. I haven't come across and statement official statement about the volunteer hours required for "active citizenship". So I'd be interested to know.

#5 kzkalra

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Posted 28 July 2009 - 09:38 PM

Currently volunteering is not mandatory. It however reduces length of probationary citizenship required to apply for BC.

From what I remember every 12 hours volunteered reduces probationary citizenship by 1 year to a minimum of 1 year and hence 6-8 years requirement for BC. So, if you don't volunteer at all you need to stay on probationary citizenship for 3 years, if you volunteer 24 hours then only need 1 year of probationary citizenship. If you don't want BC and want something akin EU PR it will take 8-10 years. Not sure makes sense for EU national to get PR under UK rules as opposed to getting PR after 5 years as per EU directive.

However, I suspect this will change with coming proposal for point-based citizenship.

This new act doesn't affect EEA national or their family members rights to stay in the UK, which is covered by EU directive.
In contrast for people under UK immigration route probationary citizenship is limited leave to remain, which would mean if they can't progress to BC or PR they have to leave the UK.
So, under EU route you still get PR after 5 years.

During parlimentary debates there were talks about uninterupted employment requirement. Not quite sure if it's only during probationary citizenship period only.

If you have PR before July 2011 or have applied for PR before July 2011 and it was successful you have up to July 2013 to apply for BC under old rules.

What we have to remember BC is a privilage, not a right. They can make obtaining BC as hard as they want. Unless you are born here or something similar granting BC is at their discretion.

Is this 12 hours of work every week, month or once a year?

#6 Mutly

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Posted 28 July 2009 - 09:41 PM

However, I suspect this will change with coming proposal for point-based citizenship.


What does that idea involve? I thought "earned citizenship" as per the new Act was the extent of the (currently planned) reform?

#7 casualwalks

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Posted 28 July 2009 - 09:58 PM

However, I suspect this will change with coming proposal for point-based citizenship.


What does that idea involve? I thought "earned citizenship" as per the new Act was the extent of the (currently planned) reform?




This was a story that was in the news a few months back

And the points-based immigration system will be extended to probationary citizenship, ensuring that migrants who contribute to society have a better chance of gaining British citizenship.

http://www.independe...rs-1724112.html

This is one of my huge issues with this Act. There was a lot of things that were not made clear or explict in the act itself, but that may still be implemented.

Edited by casualwalks, 28 July 2009 - 10:03 PM.


#8 Mutly

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Posted 28 July 2009 - 10:35 PM

Thanks Casualwalks. That looks as if it means that points could be granted for doing what the government defines as community service, in plain language a reduction in the time spent on probationary citizenship.

There was a lot of things that were not made clear or explict in the act itself, but that may still be implemented.


That certainly seems to be an issue. And where do the Conservatives stand in relation to implementing it? Probably anything specific will wait at least until the election campaign is underway.

#9 Str

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Posted 29 July 2009 - 01:15 AM

However, I suspect this will change with coming proposal for point-based citizenship.


What does that idea involve? I thought "earned citizenship" as per the new Act was the extent of the (currently planned) reform?


http://www.ukba.home...ct-ukba-customs

In the next few weeks the Home Office will publish proposals to extend the points based system to citizenship. This will build on the reforms to citizenship in the Borders, Citizenship and Immigration Act, providing even greater controls over the number of people who want to settle permanently in the United Kingdom. It will allow for a more flexible approach with the ability to raise and lower the threshold depending on the needs of the United Kingdom.



#10 Mutly

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Posted 29 July 2009 - 01:28 PM

Thanks. That may mean that points are assigned to community service, we'll see what the detailed plans are.




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