Borders, Citizenship and Immigration Bill could become Law next week
The UK Government’s plan lengthen the period immigrants must live in the U.K. before applying for citizenship may become law next week after backing down on stricter passport checks between Britain and Ireland yesterday.
The Borders, Citizenship and Immigration Bill cleared its final stage in the House of Commons this week with the support of both the Conservative and Liberal Democrat opposition parties. The Labour government had climbed down plans to impose identity checks on journeys between the U.K. and Ireland.
The House of Lords could grant final approval to the legislation on July 21, allowing the measures to go on the statutes, and receive the Royal Assent, as the Borders, Immigration and Citizenship Act 2009, before Parliament enters its summer recess, a spokesman for the Home Office said today.
The rules are part of the biggest curbs on migration in six decades and will make it much harder for working migrants to settle in the UK.
See: Borders, Citizenship and Immigration Bill will make it harder to settle in the UK
Border and Immigration Minister Phil Woolas said in the House of Commons last night.
“That makes a reality of the pledge to ensure that those who wish to become British citizens earn the right,”
All parties support the central pillar of the bill, which will extend the basic period of residence in the U.K. needed to qualify for citizenship to eight years from five for people on work permits.
Those with a family connection to a British national will need to spend five years in the U.K. instead of three. Applicants can shave two years off their wait by doing approved volunteer work.
What we are seeing is the culmination of Britain’s reversal of its open policy on migration, following public concerns since 2004 when Poland and seven other eastern European nations joined the European Union.
European freedom-of-movement laws mean Britain has little power to control arrivals from inside the EU, but can restrict non-EU migrants, including those already in the UK.
The Government has almost completed implementation the Australian-style points-based system for people entering Britain from outside the EU, with the final phase of Tier 4 due to start in September.
The Government gave in to Conservative demands to phase in the new system over a longer period, allowing many people now in the country to apply under the current rules.
The new citizenship rules will take effect no earlier than July 2011. People who have permanent residency at that time, or Indefinite Leave to Remain (ILR), will be able to apply under the old rules for the next two years.
Phil Woolas wanted to bring in the new measures more quickly and leave details about the transitional arrangements for an executive order sometime after the legislation was enacted.
”We should pay tribute to him for retreating on the retrospection clauses,” Damian Green, the Conservative spokesman on immigration, said in Parliament. “That is a welcome improvement.”
Immigration Matters Comment
Migrants here on work permits have by any standards been treated poorly by the Labour Government.
No other western Government gives gainfully employed working migrants, who do the jobs which cannot be filled by resident workers, such a hard time as the British.
Work permit holders, who pay taxes and claim no benefits, have recently been dealt a series of hammer blows by the Labour Government which encouraged them to come to Britain to fill labour shortages.
Firstly, the Home Office changed the qualifying period for ILR from four to five years without warning.
Secondly, restrictions were introduced for major work permit categories such as Nurses Senior Carers and Chefs, forcing thousands out of the UK in 2007/8.
Thirdly, the points based system has forced bewildered employers to register as sponsors in order to renew ‘old rules’ work permits for its overseas workers who fall short of five years work – in some cases by less than a month.
Finally, just when many work permit holders thought they were in sight of the finish line and could see ‘light at the end of the tunnel’, the Home Office put up yet another barrier designed to reduce the numbers of working migrants settling in the UK – restrictions on gaining permanent residency.
When you see light at the end of tunnel, watch out, because it could be the headlight of an oncoming train.
In this case the express train from Westminster is the ‘Borders, Citizenship and Immigration Act special’, and it is set railroad thousands of hardworking migrants out of the UK.
What should you do if you are in the UK on a Work Permit?
Evelie Padadac of Immigration Advisers Bison UK advises migrant workers to “apply for Indefinite Leave to Remain as soon as you are eligible and make sure your current permit takes you beyond five years of continuous work”.
What should you do if you are in the UK under other categories such as ILR?
Apply for Citizenship as soon as you are eligible, unless of course you have no desire to be a British Citizen.
If you do not agree with the above changes, you should write to your MP and ask him or her to write to Phil Woolas to request a longer transitional period.
If you need any immigration advice or help with Settlement, Citizenship, Sponsorship, extending Work Permits, Visa or an appeal against a refusal please email: info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk
Reader Comments
Hi Mr Kelly,the new bill might become a law next week, and those with ILR were given an extention until 2011 to apply for citizenship, but what about our case that weve been here inside the UK under work permit for four years and 10 months,meaning we are all entitled to apply for ILR this coming First Week of September,what will be our chances of getting the ILR.?is it still available for us by that time, coz i never see a transitional arrangement for those who are temporary migrant or with limited leave to remain.
Hello. i found this as one of the ammendements made by house of commons I hope you can clarify this to us Mr Kelly,FOR TEMPORARY MIGRANT CURRENTLY IN THE UK, THE TRANSITIONAL ARRANGEMENTS WILL MEAN THAT THE EARNED CITIZENSHIP PROVISION WILL ONLY APPLY TO THOSE WHO-AS OF JULY 2009- HAVE BEEN HERE FOR THREE YEARS OR LESS. IN SOME CASES BECAUSE OF THE SHORTER QUALIFIYING TIME FOR SETTLEMENT,PEOPLE WHO ARE ALREADY IN THE UK WILL BE ABLE TO COMPLETE THEIR QUALIFIYING PERIOD AND APPLY FOR ILR BEFORE THE NEW PROVISION COME INTO FORCE.- does this means that it applies to those who are nearly into their route for ILR?and does the new provisions means if the bill becomes a law?, or does it mean that if another transistional arrangement comes into force?
Mr kelly. if the bill becomes a law next week, am i still entitled to apply for my ILR this coming first week of september?that will be my date 28 days early for my five years.thanks
i found this under the ammandendments made as of 15th of july, i hope you can clarify this for us mr Kelly.
FOR TEMPORARY MIGRANT CURRENTLY IN THE UK, THE TRANSITIONAL ARRANGEMENTS WILL MEAN THAT THE EARNED CITIZENSHIP PROVISION WILL ONLY APPLY TO THOSE WHO- AS OF JULY 2009- HAVE BEEN HERE FOR 3 YEARS OR LESS.IN SOME CASES BECAUSE OF THE SHORTER QUALIFIYING TIME FOR SETTLEMENT,PEOPLE WHO ARE ALREADY IN THE UK WILL BE ABLE TO COMPLETE THEIR QUALIFIYING PERIOD AND APPLY FOR ILR BEFORE THE NEW PROVISION COME INTO FORCE.
does this means that we can still get our ILR even if the bill becomes a law?does new provision means the new law of earned citizenship that will effect on july 2011? or a new transistional arrangement that will be put on in the future?
Even it becomes Law next week, the Minister said the rules will not be implemented until July 2011.
http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2079
SO, IF THIS LAW WILL COME UP NEXT WEEK, SO IT WILL BE IMPLEMENTED JULY 2011? IS THAT RIGHT?SO IT MEANS TO SAY THAT WE STILL HAVE CHANCE TO HAVE OUR ILR NEXT YEAR OCTOBER?CAN YOU CLARIFY THIS CHARLES?
The Borders Citizenship and Immigration Bill could Law next week, but the Minister said the immigration Rules will not be implemented before July 2011.
See: http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2079
Mr Kelly, my 5 years visa is up to Oct 2011, if the new law will be implemented by July 2011 that means Im short of 3 months to make it 5years. What are my options for applying for ILR if it is short of 3 months.
SIR KELLY, IS THERE A POSSIBILITY THAT I CAN APPLY FOR MY INDEFINITE LEAVE NEXT YEAR OCTOBER, THATS MY EXACT 5 YEARS IN UK AS A NURSE.DO YOU THINK WE WILL HAVE A PROBLEM, BECAUSE OF THIS NEW LAW?IM WORRIED BECAUSE I TOOK A MORTGAGE.
mrs garcia,my visa is 5 years on september how about my work permit its says there 60 months upon to leave to enter. i came here last sep 27 2005 . can i apply for residency
Sir Kelly, been so worried about the news that come up ,is there any possibility and chances that i can apply for my indefinite leave to remain this coming second week of december this year, that will be my 28 days early for my five years. many thanks
Hie mr Kelly my query is that am due for my ILR in 10-8-11 on the basis of being a work permit holder. Am aware that i can apply for ILR 28 days before the due date which will mean that will be in July 2011.How will this new law affect me then? The other option that i have is the 10year residency which i will be due in oct 2011 ( thats if the 10 year rule does not change like everything else in with the HO.Plse advise
we have RESident permit already and ILR visa.we came here may 2003.so it means we can apply anytime under the old rules?thanks
We have just acquired our ILR last May 01,2009,when is the best time to apply for British Citizenship?Is it supposed to be a year after we acquired our ILR?
THE PROBLEM IS THAT THIS TOUGH RULE WILL CREATE MORE ILLEGAL IMMIGRANTS. IF THE WORK PERMITS ARE BEING FACED OUT TO TIER SYSTEM WHAT WILL HAPPEN TO THOSE WHO ARE ABOUT TO BE FIVE YEARS NEXT YEAR. HOW WILL THEY VARY THEIR STATUS. THE GRACE PERIOD OF TWO YEARS IS ONLY GIVEN TO THOSE WITH ILR ALREADY. NOTHING HAS BEEN EXTENDED TO THOSE WHOSE FIVE YEARS IS EXPIRING NEXT YEAR. THIS IS SO UNFAIR AND SHOULD BE CHALLENGED
my 5 yrs stay in uk on march 2012,if the new law will implemented on july 2011 that means i cnot apply for ILR?What my options so that i can apply for ILR in the future.
If you want to challenge this rule, write to your local MP.
Apply for British Citizenship as soon as you are eligible, as stated. You should be safe under the new rules as you have ILR. See http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2079
You should take proper advice and see an OISC registered immigration adviser.
Email info@immigrationmatters.co.uk if you need an adviser in your area or check the OISC website.
You should take advice from an OISC registered immigration adviser.
Email info@immigrationmatters.co.uk if you need an adviser in your area or check the OISC website.
iam work permitte holder,it will be five years on september 2013.can i apply for ILR at that time or not.it is unfair for work permitte holder who left their country to fullfill the shortage occupation in britain.
Please advice me if it is possible to to divorce my EU wife to remarry to a british citizen.I got my residence permit from my EU wife in united kingdom. Or do I need to go back to my country to apply for the new marriage.
I came to UK in april 2004 as a student nurse.I am now a qualified nurse but on a 5years work permit as from 2008 to 2013. My first concern is the lenght of time it will take me to have ILR according to the new law comming soon. This is because by 2016 which will be my suppose 8yrs for ILR, i will be making 12yrs in the UK. My second concern now is, if there is something i can do to bring these years down. I don’t know if there is any law that allow me to claim my student nurse years. Infact i am realy confuse with this unfair law comming soon. I wish something can be done to stop it or make it fairer. Countries like Canada give oppotunities for students as from one year post study in the country, to have permanent residents. It is a shame that people like us have to be struggling here in the UK. Despite being trained in the UK, there is still no advantage, it is sad.
Sir:
Just so everything will be clear, could you please highlight the changes that will be implemented when the new Borders, Citizenship and Immigration Bill is passed vis-a-vis the existing policy e.g. how many years will be added to the existing 5 years stay in order to apply for ILR, additional requirements needed to support such application (more life in the uk sort of tests perhaps), etc.
Thanks in advance and looking forward to your usual, prompt reply. Have a wonderful week ahead!
hi im a senior care assistant , i will compleat my 5 yrs in 2011 jan. and i got visa till 2013 june. according to new bill which is going to be a law next week will it effect my status to gain leave to remain . will i get pr or not if i get pr then how i will get citizen. plz could u clearify. thanks
i arrived here last july 2007 having a contract for 3 years as a senior care assistant, but my work permit is up to 2012. iam still eligible to work in the uk and apply for ilr.
thank your very much for any help you can extend.
You will probably fall under new ‘Pathway to Citizenship’ rules as outlined in Borders, Citizenship and Immigration Bill could become Law next week.
Is it this law apply to those people who have already ILR in the next 2 years?how about us that will apply on may 2011 for ILR?Are we still entitled to apply for ILR?Can clarify this issue pls? Thanks…
im a 5 yrs work permit holder and my visa will end jan 2011, am i qualified for ILR? or do i need to find new employer so i can extend my visa.thank you
Is it this law apply to those people who have already ILR in the next 2 years?how about us that will apply on may 2011 for ILR?Are we still entitled to apply for ILR?Can clarify this issue pls? Thanks…
Sir Kelly,
I’m holding student visa and my visa going to be finished in 2011, how I cud apply for a work permit between this time?Or what is the easy way to apply for a long term visa. For your info, my girl friend is UK PR (she is holding Philippine passport)and her whole family UK citizen.What should I do in this case?
Please advise.
Are you anticipating that the provisions relating to the registration of children of British Mothers embodied in this bill will only be enacted in 2011?
Hello, kumusta ka, Ni Hao
You rightly point out that this Government, a party singing in chorus the tune written for it by the right wing press, racists and uneducated bigots, has made life harder for overseas workers, as if they needed more bade news, with all the press forgetting the £40 million in tax and NI, just from the Filipinos, every month, which equates to roughly £4.5 billion every year, and that deserves applause, appreciation and celebration, not the nasty treatment dished out by wooly headed Wollas.
However,, you suggest that individuals write to the MP, which is a useless act, as they do not care, and disregard even the UK residents, as was evidenced by their watering down of the expenses claims procedure earlier this week.
What our visitors need, other than being made welcome, is a stronger lobby voice, a little bit more of the shirt sleeved, sharp elbow servant and protectors, and not just good advice. Most of the immigration population in the UK serve as a near perfect example of good families, good students, and children, pleasant, well mannered, dutiful, keen on education and working hard, all the things this Government says it wants to promote.
They are, of course, lying, again, for all they are all caught with their hands in the public till, they turn nasty to those hard working families and individuals who serve as a better example as duty bound and honest citizens.
Words appreciate the problem here, actions will do something about it. For example, what happens if every overseas Nurse and Care given decides not to go into work on a specific designated day. As you can imagine, the result would be proof positive that there are enough staff to cope without the overseas Nurses and Care givers. And if that is to strong, then refuse all overtime for a week. The same chaos wold ensue.
Ministers and MP’s only take note when their jobs are at risk, and where there is a stronger lobby from Care Home Groups, as there would be if we carried out the previous suggestions, and then watch the U turn come about.
In years to come, and not that far away, and with the likes of Canada attracting more Nurses and Care staff, and now with the American President willing to boost Health Care in the US, spending trillions, the need for such staff will be acute. These precious and treasured assets in our Care industry now will go away, telling those who follow on “don’t go to the UK”, and the impact this will have on the NHS and the Care Industry does not bear thinking about.
More than 1 million people are without representation, and paying into the UK in tax and NI some £3 billion or more, and treated in a shabby fashion. I am ashamed of the UK, ashamed of Ministers and MP’s, especially the PM, and his predecessor, all of whom call themselves good men and women, Catholics and Christians, and none of them are any of these things. As for the Churches in the UK, collecting a huge sum in Churches every week, they are as silent on the subject as these politicians are loud. Shame England, shame.
sir kelly,
hi!i am currently holding a 5 year working permit and it will expire on december 12 2010.i am worried about the new laws.what are your advices in order for me to apply for indifinete stay.thanks and more power.
They will implement the law on July 2011?so we must apply before July 2011 our ILR or permanent residency?is that their final desicion ?
pls can you clarify this issue???
yes we are safe,coz if you read the ammendments of the house of commons on the 14th july, they changed the clause 39 and insert some sort of amemndments i think 22 of immigration,they insert 8a and 8b 21 is for those with ilr giving them entitlement to apply under the old rule and 23 is for temporary migrant who will be affected by the new law,its stated tht that those who are here as july 2009 wfor ony three years or less will udergo for the newlaw,that is the new transisstional arranement they put on to the bill during the final reading.
hi, just want to ask if,i can apply permanent residence mywork permit is 5years,but i work only 4years because i am worried with the news before,thats why i changed another employer.
You need 5 years of work for ILR
hi,sir kelly.I have questions on my mind that’s bothering me at the moment especially that a new bill
has been out again for non-Eu migrants like me.I’m holding a 5 year work permit visa and my date of entrance(12-09-05).I’m still working at the same company/employer unlike others that they moved to other employer just to acquire visa beyond 5 years.my first question is, am i qualified to apply for ILR next year?what is my basis for the 28 days application? is it from my date of entry?(12-09-05)last one,does my employer needs to register for sponsorship to cover my case?please enlighten me.thanks
You need 5 years work and should apply for ILR. It does not matter if you have changed employers as long as you have 5 years. The new rules will not be implemented until 2011. See http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2079 and http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2160
Or visit the UK Border Agency website and check for yourself.
http://www.immigrationmatters.co.uk
when will the bill be passed?
It has been passed and is now an Act
See http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2147
Hi
I came to UK in January 2000, permit free training. My family joined in June 2000. In November 2006 we had to change visa to HSMP following change of rules.
In June 2010 we would complete 10 years residency in UK, under the new act, could I apply for ILR next year.
If I waited till November 2001 (HSMP Visa), I beleive the new rules will be applicable
Please advice
Hi there:
I came into the UK in sept 2003 on a student visa and now am on hsmp. As per the any category lawful stay PR, i would be eligible in 2013 for PR.
What happens to such cases? The bill only mentions that PR for work permit holders has been changed from 5 to 8 years; I havent come across anything that says the any category lawful stay PR has been increased.
Can you please advise what happens to such cases?
Please see to it
This law is the most ridiculous there can be and has been.I did my bachelors degree in the UK. i have been in the UK for 5 years now.Have been a good immigrant,my taxes have been taken off me religiously for the past 5 years yet they bring all these laws that are useless to make law abiding people suffer the most. whereas they allow illegal immigrants to leave here for 14 years and become citizens. Who are you fooling britain?
It appears that law abiding people are punished for good behaviour while people who are here illegally and treated with leniency. This is apalling!!I started my professional job in 2008 on a work permit until 2013. Are then saying i will need a further 8-10 years after undergraduate years before i become a permanent resident or british citizen? Who cares, you can as well eat your passport. When am done here, i will head back to my sweet country!!!
At the end of the day we are here to help each other, you rub my back and i rub yours, but if the govt thinks it has rubbed my back enough and can’t continue, then its their loss. Before you know what’s happening there’ll be mass migration of skilled workers from the UK to other countries who respect them for what they bring!!
Tell me, have we not done enough?We do not have recourse to public fund, we work so that we can pay taxes to take care of lazy, healthy people who have been spoilt by their government. Whereas innocent citizens can’t even get a pat on their back!!!Those who work whether immigrants or nationals suffer the most.What a society. You guys should better start thinking properly for once.This circus is blatantly un-heard of.
i got ILR, so can i applay for citizencip next year?please tell me if law is going to change. and when?
Hello. I appreciate that the law will come into effect in Jul 10, but if, as a non EU citizen, I have Indefinite Leave to Remain (as from Nov 09) and am married to a British Citizen, will I still be able to apply for full UK Citizenship (Right of Abode) in Nov 10 (i.e. under the ‘old’ rules, rather than those coming into play in Jul 10)? Thank you for any reply.
I have an indefinite leave to stay visa but have been out of the country for 8 years due to personal reasons. I would like to return to live and work in the UK and make it my home. Is my Indefinite Leave to Stay still valid. Please let me know asap as I have a job lined up and a national insurance number. I was married to a
British Citizen but have subsequently divorced.
hi there .
i need an advice regarding ilr for students
i have been studying in uk since june 2001 i have a good academic record through out .my current visa is expiring on feb 2011 (9yrs and 8 months)will i be eligible to apply for ilr now or at the end of feb 11?
any advise will be appreciated.thanx
Hello,
Any idea on getting British citizenship for those who are on EU route. I am non-EU family member of EU national. EU law says 5 years and then automaticly you get Permanent Residence. So, what are new rules for that?
thank you
Hi ,
Can someone help i came uk on workpermit june 2007 and my ILR is due in may 2012,my workpermit says workpermit conditions will remove after 5 year.Can i still get ILR after 5 year or i will fall under new rules.
Thanks in advance
Haziq
i think the rules u r making they are completely unfair to us because when we were granted visa,s we were told how we ll qualify for ilr and now suddenly u hv decided make us sufer more that is just so unfair with us mate.u should rethink change ur decision mate
dear sir
i qualify for ilr exactly on the 20th of july 2011 under 5 years work permit arrangments
and on the 20th october 2011 under 10 years long term residency arrangments.
how will these earned citizenship is going to affect me? because i am living nearly 9 years in this country hoping one day i will get citizenship, these new rules is terribly disappointing.
can u advice me what should i do
thank u
I have right to abode. If I apply for citizenship by Nov 2011 will I fall under the old rules? Thanx
Sorry I meant nov 2010
Hi,
I came to UK on May2006 on Work Permit. My visa was valid till 31dec2006. I went back to india on 24th Nov2006. Got my Work permit again stamped on march 2007 and reached uk on 15th March 2007 & staying in uk ever since. I got my Tier1 general stamped on may 2009.
I am planning to apply for ILR on May 2011.
1. Will this gap in visa and abscence from uk will effect me adversly?
2. If yes, would i be able to apply for ILR on March 2012 or because of earned citizenship rules, my minimum tenure in UK should be 8years?
Hi Mr Kelly ,
I am Philippine national, came to the UK in November 2009 as the wife of Mr J. I was granted 24 months leave to remain which will come to an end in November 2011. Mr J has been beating me and I have taken refuge in Northampton Womens’ Aid. Advise me as to whether I would be granted indefinite leave to remain.