NEW LAWS JULY 2011

[dimsav]

Just found the P E T I T I O N. Everyone, please go there and sign!!!

[silversurfer]

Just found the P E T I T I O N. Everyone, please go there and sign!!!

This pettition is not correct. It is not for the upcoming changes.

[dimsav]

Just found the P E T I T I O N. Everyone, please go there and sign!!!

This pettition is not correct. It is not for the upcoming changes.

Technically, you are correct (I realised this as well, but after having posted it here). However, the main idea of the current WPs campaign is to get right to be treated on the same conditions as HSMP JR. Winning this JR would give the protection from any retrospective changes in the future.

[adil2009]

Lets hope for better.

[silversurfer]

http://www.whatdotheyknow.com/request/p ... ming-72427

[dimsav]

http://www.whatdotheyknow.com/request/p ... ming-72427

Very interesting finding, silversurfer! I am now trying to understand it properly:

A person who holds ILR on commencement, or acquires this within the two year transitional period (including those who acquire ILR under the Long Residency Rules; Rules 276A - 276D) will be eligible to apply for British citizenship, provided he also meets all of the requirements listed in sections 6(1) or 6(2) of the British Nationality Act 1981.
-- Does this actually mean that there will be no "sharp" cut-off date? I mean that if someone is expected to get ILR after July 2011 but before July 2013 (= transitional period) will get it, and then be eligible to apply to BC after 1 year of holding ILR/PR (i.e. according the "old" rules)...

Or, it sounds too good to be true?...

[noor1034]

http://www.whatdotheyknow.com/request/p ... ming-72427

Very interesting finding, silversurfer! I am now trying to understand it properly:

A person who holds ILR on commencement, or acquires this within the two year transitional period (including those who acquire ILR under the Long Residency Rules; Rules 276A - 276D) will be eligible to apply for British citizenship, provided he also meets all of the requirements listed in sections 6(1) or 6(2) of the British Nationality Act 1981.
-- Does this actually mean that there will be no "sharp" cut-off date? I mean that if someone is expected to get ILR after July 2011 but before July 2013 (= transitional period) will get it, and then be eligible to apply to BC after 1 year of holding ILR/PR (i.e. according the "old" rules)...

Or, it sounds too good to be true?...

hmmmm..

Seniors please advice ?

[adil2009]

seniors please give your kind comments ,for above link.

[Sky_High]

http://www.bia.homeoffice.gov.uk/siteco ... nts-earned

This is the only official information

[mcclaine]

http://www.whatdotheyknow.com/request/p ... ming-72427

Very interesting finding, silversurfer! I am now trying to understand it properly:

A person who holds ILR on commencement, or acquires this within the two year transitional period (including those who acquire ILR under the Long Residency Rules; Rules 276A - 276D) will be eligible to apply for British citizenship, provided he also meets all of the requirements listed in sections 6(1) or 6(2) of the British Nationality Act 1981.
-- Does this actually mean that there will be no "sharp" cut-off date? I mean that if someone is expected to get ILR after July 2011 but before July 2013 (= transitional period) will get it, and then be eligible to apply to BC after 1 year of holding ILR/PR (i.e. according the "old" rules)...

Or, it sounds too good to be true?...

I thought we were already in a 2 year transitional period for ILR grant (bill passed into act in summer 2009, ILR grant continues until July 2011 as per usual). There is another 2 year transitional period from July 2011 to July 2013 but that is for getting citizenship, and applies to those who already have ILR as of July 2011 or applied prior to such date and get it thereafter (July 2011 being the end of the 'first' 2 year transitional period, if you will). I think the FOI reply is just badly drafted, but nevertheless can be construed in a manner not inconsistent with the more "official" description of transitional arrangements on UKBA's own website.

[mcclaine]

http://www.whatdotheyknow.com/request/p ... ming-72427

Very interesting finding, silversurfer! I am now trying to understand it properly:

A person who holds ILR on commencement, or acquires this within the two year transitional period (including those who acquire ILR under the Long Residency Rules; Rules 276A - 276D) will be eligible to apply for British citizenship, provided he also meets all of the requirements listed in sections 6(1) or 6(2) of the British Nationality Act 1981.
-- Does this actually mean that there will be no "sharp" cut-off date? I mean that if someone is expected to get ILR after July 2011 but before July 2013 (= transitional period) will get it, and then be eligible to apply to BC after 1 year of holding ILR/PR (i.e. according the "old" rules)...

Or, it sounds too good to be true?...

I thought we were already in a 2 year transitional period for ILR grant (bill passed into act in summer 2009, ILR grant continues until July 2011 as per usual). There is another 2 year transitional period from July 2011 to July 2013 but that is for getting citizenship, and applies to those who already have ILR as of July 2011 or applied prior to such date and get it thereafter (July 2011 being the end of the 'first' 2 year transitional period, if you will). I think the FOI reply is just badly drafted, but nevertheless can be construed in a manner not inconsistent with the more "official" description of transitional arrangements on UKBA's own website.

On reflection, and having read the complete FOI correspondence, I am of the opinion that the first response from the UKBA was wrong on current published policy - it incorrectly assumed (or stated as a result of confusion), in the stray line you sharply picked up on, that a 2 year transitional period would apply for ILR after July 2011. I think published policy does not envisage this. Although policy could always be changed, the last few changes have consistently been anti-immigrant, so I won't be holding my breath on this one being changed in our favour.

[hsmp2010]

I think this page of UKBA is very clear.
first see this second point on page

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.

ok now see this point of wen they will introduce this earned citizenship.

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.

transitional rragements period will start after july 2011 for citizenship here. but its not for HSMP JR who got b4 7th Nov becuz

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.

simple dont worry be happy we r covered

[khankhattak]

HI THERE MY SITUATION IS :

I CAME INTO UK AS A STUDENT IN 2005
I GOT MARRIED TO A BRITISH CITIZEN AND GOT MY SPOUSE VISA IN MARCH 2010
MY ILR IS DUE IN MARCH 2012 JUST WANT TO KNOW IF I WILL HAVE TO SPEND ANY EXTRA TIME UNDER Probationary citizenship PERIOD BEFORE I APPLY FOR ILR IF YES THEN HOW LONG I WILL HAVE TO STAY UNDER Probationary citizenship PERIOD.

Right now it is visa to ILR then Citizenship. From 2011 it will be visa to Probationary Citizenship then onto either ILR or Citizenship. There will be "Probationary citizenship"in between the route from visa to ILR/Citizenship, it is only AFTER you complete this that you are offered to move on to either ILR or citizenship.

It is not yet clear how long you have to spend in "Probationary Citizenship" however it depends on the type of route you are taking. The period will be different to applicants on the family, work or protection route. However, IT IS clear that this period wil bot be any longer than 5 years. If you do comunity service or volenteering and so on, this period can be cut shorter by 2 years. Therefire it is clear that this period will be longer than 2 years as 2 years is the amount of time that will be cut if you do community service. So, probably 3 or 4 years.

which means that if you are on the work route, assuming you have to stay on it for 5 years, it will take about 8 or 9 years for citizenship or 5 or 6 years for family. from getting the visa to getting citizenship.


After you complete this period will then only be allowed to move on to citizenship or ILR.

what will happen to those who have ilr on the marriege basis and then their marriege broke down and after that they r eligible for naturalization in sep 2012 under the new rules so will the govt send them back becos their wife's will not support their applications any idea

[silversurfer]

2011[/b].

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.

simple dont worry be happy we r covered

what about people who entered on Work Permit and later switced to Tier 1?

[EFR3]

[

ilr on the marriege basis and then their marriege broke down and after that they r eligible for naturalization in sep 2012 under the new rules so will the govt send them back becos their wife's will not support their applications any idea

i dont think they have policy like that untill you do any serious crime which are dangerous for the national security. the only thing is if the law remain the same then you have to wait longer then normal and have to go through the new rules.

[dimsav]

2011[/b].

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.

simple dont worry be happy we r covered

what about people who entered on Work Permit and later switced to Tier 1?

There is no question with HSMPs who will be eligible to apply after 4 or 5 years depending on circumstances, as explicitly mentioned in transitional arrangements.

The question raised in this thread - what happens to WP holders after July 2011?

The point is that WPs do also have "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 WP, and transition arrangements should also be fair to them. Are they?...

[silversurfer]

The question raised in this thread - what happens to WP holders after July 2011?

The point is that WPs do also have "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 WP, and transition arrangements should also be fair to them. Are they?...

Exactly!
The people who entered UK on WP had a legitimate expectation to complete their journey to ILR in 5 years.

Read : 134 Indefinite leave to remain for a work permit holder
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Read : 245E. Requirements for indefinite leave to remain
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Law as in effect when migrants entered on WP or Tier-1 clearly states that ILR will be granted after 5 years of lawfull stay.

The new changes should not be made retrospective.
Same was the case with HSMP JR so why not now?

[khankhattak]

[

ilr on the marriege basis and then their marriege broke down and after that they r eligible for naturalization in sep 2012 under the new rules so will the govt send them back becos their wife's will not support their applications any idea

i dont think they have policy like that untill you do any serious crime which are dangerous for the national security. the only thing is if the law remain the same then you have to wait longer then normal and have to go through the new rules.

thanks but thats means if someone have ilr then he can apply for naturalization without wife but according to the new rules and he will become brithish citizen after a probetionary citezenship

[dimsav]

thanks but thats means if someone have ilr then he can apply for naturalization without wife but according to the new rules and he will become brithish citizen after a probetionary citezenship

No. New PC stage is only for those who wont be able to get ILR/PR before July 2011. If you have already ILR by then, you may apply directly to a BC and, of course, can do this on your own (independently on the route - Work/Family/etc - that brought you to ILR).

[erpfresh]

What about people like me
WP+|HSMP+Tier1 - 5 years will be completed in dec
will the earned citizenship period be counted from the day of WP or from the day of HSMP

[erpfresh]

What about people like me
WP+|HSMP+Tier1 - 5 years will be completed in dec 2011
will the earned citizenship period be counted from the day of WP or from the day of HSMP

[silversurfer]

I fail to understand why people hicjak thread.
Discussion takes off somewhere and goes somewhere else.

[silversurfer]

The people who entered UK on WP had a legitimate expectation to complete their journey to ILR in 5 years.

Read : 134 Indefinite leave to remain for a work permit holder
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Read : 245E. Requirements for indefinite leave to remain
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Law as in effect when migrants entered on WP or Tier-1 clearly states that ILR will be granted after 5 years of lawfull stay.

The new changes should not be made retrospective.
Same was the case with HSMP JR so why not now?

[Sky_High]

The people who entered UK on WP had a legitimate expectation to complete their journey to ILR in 5 years.

Read : 134 Indefinite leave to remain for a work permit holder
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

Read : 245E. Requirements for indefinite leave to remain
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Law as in effect when migrants entered on WP or Tier-1 clearly states that ILR will be granted after 5 years of lawfull stay.

The new changes should not be made retrospective.
Same was the case with HSMP JR so why not now?

HSMP holders have proved it and WP holders still have to prove it.

If you followed the citizenship bill progress, govt and opposition accepted the HSMR holders right only because of JR.

I have one million pounds worth question. Why do WP holders not go to court for their rights? If immigration welfare does not go to the court than affected persons should create a separate forum. You do not have hope without winning a JR. Sorry but its true!

[Pierrot95]

The new changes should not be made retrospective.
Same was the case with HSMP JR so why not now?

The government was aware of the issue but they decided not to consider it.
Listen to this debate at the House of Commons, the question on retrospective changes was asked many times from around 19:45:00. The answer comes at around 20:22:10.

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