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Borders, Citizenship and Immigration Bill will make it harder to settle in the UK

This post was written by Cynthia Barker on April 29, 2009
Posted Under: News

This month, the Borders, Citizenship and Immigration Bill quietly completed its passage through the House of Lords, despite the fact that when this Bill becomes law thousands of people could be denied the chance to settle in the UK. 

The UK Border Agency describes the Bill as a “shake up” of the route to Citizenship making “newcomers earn the right to stay here”. 

Border and Immigration Minister Phil Woolas said:

“We are clear that newcomers should speak English, work hard, and earn the right to stay here – and only get British citizenship once they have proved their commitment to the country.

“Migration only works if it brings benefits, and these measures will ensure that only those migrants that make a positive impact on their local community will be able to stay in the UK.” 

Measures in the new “Path to Citizenship” include: 

  • a new naturalisation process for foreign nationals to become British Citizens
  • extending the Citizenship process from 5 to 8 years
  • introducing the concept of ‘Earned Citizenship and
  • introducing a ‘probationary citizenship’ replacing Indefinite Leave to Remain
  • restricting Citizenship to certain skilled categories
  • border controls between the Common Travel Area – UK and Ireland

The Bill is expected to become law later this year and will have far reaching effects on Filipino Work Permit holders, for instance, senior carers and nurses, hoping to apply for Indefinite Leave to Remain (ILR) or British Citizenship. 

Many of the older generation Filipinos, some of whom have lived in the UK for more than 30 years, have never applied for Citizenship (after obtaining ILR), mainly because they did not want to give up their Philippine passports.

The good news is that you no longer have to surrender your passport to become British, as the Philippine Government now allows dual Nationality. 

My advice is to apply for Indefinite leave to Remain (residency) or British Citizenship as soon as you meet the qualifying criteria. 

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  

If you have any specific questions or comments, or need advice, you may email me: cbarker@immigrationmatters.co.uk or phone me on 020 8905 1822 

Reader Comments

hi, ive been here nearly 5 yrs now this coming july, what is the best time for me to apply for indefinite visa.thanks….

#1 
Written By ron on April 29th, 2009 @ 7:53 pm

is there anybody who got an idea, when this thing will take effect? roughly wnat month this year?

#2 
Written By mark on April 29th, 2009 @ 10:02 pm

i have just acquired my Indefinite Leave to Remain does the new law regarding the Immigration and Citizenship have an effect on me?

#3 
Written By Al Dasalla on April 30th, 2009 @ 9:20 am

Borders, Citizenship and Immigration Bill is not Law yet, but could have an effect when you apply for Citizenship. See:
http://www.immigrationmatters.co.uk/borders-citizenship-and-immigration-bill-passes-through-the-lords.html

#4 
Written By Charles Kelly on April 30th, 2009 @ 9:38 am

When the bill becomes law later this year, does it mean that there is no chance to apply ILR early next year? Is there any gap period for people who may apply between later this year and early next year like me? I will apply next year Feburay, is there any chance for me?

#6 
Written By cherry on April 30th, 2009 @ 5:13 pm

Hi, me and my two (2) daughters are already qualified for the citizenship this month, but my husband is qualified not until September 2009 as he will be 5 years as the law require, and we are planning to wait for him to be qualified to apply together. Could our status be affected of the new law if ever?

#7 
Written By Jacqueline Alajar on May 2nd, 2009 @ 8:31 am

I am a US Citizen who applied for and recieved permission to Marry a British Citizen and also recieved permission to settle for 2 years in England with my British husband.

I am very concerned that as changes happen in the immigration laws … one day I will be told that I can no longer remain in England with my British husband. Is this a possibility … or do I worry needlessly?

#8 
Written By Eva Marie on May 2nd, 2009 @ 4:00 pm

i had my work permit at oct. 2004 and i am due to apply this end of year for my indefinite, can i apply it now since i have seen that the judicial review for 4 years has been approved jus waiting for the law. am i qualified for the 4 years? or do i have to wait till i will be 5 years?in my case can i file it now?

#9 
Written By jocelyn on May 2nd, 2009 @ 8:36 pm

i well be 5 years next year 2010 march when is the best time to apply my citizenship i passed my life in uk test as well tnx pls. send me feedback

#10 
Written By saggittarius on May 2nd, 2009 @ 10:45 pm

i am 4 yrs. in this country when can i apply for indifinite leave to remain tnx

#11 
Written By saggittarius on May 2nd, 2009 @ 10:48 pm

want to register with you.

#12 
Written By lizysiby on May 3rd, 2009 @ 1:35 pm

iam suppose to apply for ILR this year december ,is there any chance for me or what is your advise?

#13 
Written By leah on May 3rd, 2009 @ 9:35 pm

We will have to see what, if any, transitional arrangements will be put in place by the UK Border Agency (as recommended by Peers in the Lords) for people in your position who would have qualified for ILR/indefinite leave to remain.

#14 
Written By Charles Kelly on May 3rd, 2009 @ 9:57 pm

We will have to see what, if any, transitional arrangements will be put in place by the UK Border Agency (as recommended by Peers in the Lords) for people in your position who would have qualified for ILR/indefinite leave to remain.
http://www.immigrationmatters.co.uk

#15 
Written By Charles Kelly on May 3rd, 2009 @ 9:59 pm

Quite possibly and you should apply as soon as possible. We will have to see what, if any, transitional arrangements will be put in place by the UK Border Agency (as recommended by Peers in the Lords) for people in your position who would have qualified for ILR/indefinite leave to remain.

Charles Kelly
http://www.immigrationmatters.co.uk
1

#16 
Written By Charles Kelly on May 3rd, 2009 @ 10:03 pm

what does the new bill mean??i will be 5 years next year february 2010?will i still qualify for the ILR or no chance?.many thanks!feedback pls

#17 
Written By Aprilene on May 7th, 2009 @ 8:47 am

I have been in the UK since March 2003. My entry was a 2 years student visa to study CAT-ACCA. I completed it within the 2 years period. I was automatically transfered to the professional level of ACCA Part 2. There i started strugling with processing my status. I however Re-apply for an extention.But my application was held for two years and by the time i heard from them it was too late,and the response was not positive.
I believe i have been treated unfairly.And my case has to be revisited.
What do you advice?////////

#18 
Written By Sheku on May 7th, 2009 @ 3:23 pm

You need legal advice. I can refer you to a specialist in these matters – they charge fees. Or you can try IAS – a charity based adviser

#19 
Written By Charles Kelly on May 7th, 2009 @ 3:31 pm

I received ILR status last sept.2008, when is the ealiest time I can apply for citizenship? Thanks.

#20 
Written By janice on May 12th, 2009 @ 11:41 pm

Hi there,

I got my ILR in Feb 25th this year. When would be the best time to apply for British Citizenship and would I be affected by the new Citizenship Bill? Thanks very much.

#21 
Written By Dhillg on May 14th, 2009 @ 11:06 pm

hi mr kelly,
I’VE GOT 5YRS CONTINOUS WORK PERMIT VISA FROM PHILIPINES, AND MY VISA IS NEARLY FINISH,AM I QUALIFIED TO APPLY FOR INDEFINITE LEAVE TO REMAIN OR DO I NEED TO APPLY FOR ANOTHER VISA EXTENSION? NEED YOUR REPLY PLS.. THANKS!

#22 
Written By Daisy on June 21st, 2009 @ 11:44 pm

Hi Mr Kelly, I followed all the debates about the bill especially the clause 39, the bill has been amended in Committee Stage and it seems that the clause 39 wasnt discussed, did they removed it? and are they letting all with limited leave to remain visa get their ~ILR? thanks

#23 
Written By roy on June 22nd, 2009 @ 1:46 pm

If you are sure you qualify then you should apply for ILR, but you must be certain.

#24 
Written By Charles Kelly on June 22nd, 2009 @ 5:46 pm

what are the pros & cons for the people who are just starting with a UK student visa this year 2009 coming from Philippines? Does it mean, UK is no longer a great place to live and earn vs. other open countries like Canada & Oz?

#25 
Written By Omar Fil on July 4th, 2009 @ 2:50 am

The UK is still a land of opportunity for those people who want to work hard and there is no shortage of people who want to come here. Canada and Australia are also popular and have their merits too. Australia, NZ and Canada needs immigrants and is still growingSee http://www.canadajobopportunities.com/
The Borders, Citizenship and Immigration Bill will make it harder to settle in the UK, however, a student visa has never counted towards settlement or ILR. There is a 10 years Long Stay Concession for those here legally (e.g. as a student) for more than 10 years which can lead to indefinite leave to remain.

#26 
Written By Charles Kelly on July 4th, 2009 @ 7:20 am

I Obtained ILR since Aug 2006, but have been unable to apply for a British citizen due to an unspent Criminal Conviction (driving without insurance) which I received a fine of £185 and 6 points on my driving licence.
This Conviction is due to be spent by May 2010.
Will I be able to apply for a British Citizen after this time? taking into consideration of the current Immigration Bill which I believe is due to become law later this year.

#27 
Written By Gab on July 6th, 2009 @ 6:26 pm

You need to be honest with the Home Office. I would suggest using a professional adviser to draft your citizenship application.

#28 
Written By Charles Kelly on July 6th, 2009 @ 6:36 pm

I’am a asylum seeker. i’m living according to the system 2001 dec. to now on. I didn’t received any legecy forms. I’v 12 years old depender. How can I apply legacy forms?

#29 
Written By Fatima on July 17th, 2009 @ 1:56 pm

I will be 5yrs here in August next yr but my family isn’t. Do they qualify for ILR if I apply for them together with me next year? Am I not affected by that law? Thank you!!

#30 
Written By marcos villareal on July 17th, 2009 @ 4:24 pm

I have been in the UK since August 2005. I would like to settle in the UK and aim to apply for ILR next year July 2010. Will this Legislation apply to me. My Children are all above 18 and live outside of the UK. I was hoping to apply for settlement while they try to come here through student Visa and work permit. There are no job prospects where I come from yet here I have a permanent job

#31 
Written By Dorothy Dlamini on July 17th, 2009 @ 5:02 pm

I arrived in uk last May 2005 as student visa then granted work permit after that. Am I qualified to apply ILR in 2010? pls reply.

#32 
Written By maribel on July 17th, 2009 @ 6:01 pm

hi, i will be 5yrs next year august 2010 can i still qualify to apply for ILR? or im allowed to after my 4yrs here ?

#33 
Written By mercedita sampat on July 17th, 2009 @ 6:16 pm

Your time here on a student visa does not qualify you and is not counted when calculating entitlement for ILR.
http://www.immigrationmatters.co.uk

#34 
Written By Charles Kelly on July 18th, 2009 @ 12:00 am

just want to ask if this new bill Borders, Citizenship and Immigration Bill will make harder for the spouses of british citizen to get a naturalize as british citizen?3 year they can get naturalize as uk citizen thus this new bill had effects to them?i hope not coz is not fair.

#35 
Written By keleb on July 18th, 2009 @ 9:15 am

I am hoping to apply for ILR under the Long Stay Concession in December, is the new law going to have an impact on those applying under the Long Stay Concession. Will there be any chhanges to the criteria

#36 
Written By Leo on July 18th, 2009 @ 8:30 pm

See: Borders, Citizenship and Immigration Bill could become Law next week http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2079

#37 
Written By Charles Kelly on July 18th, 2009 @ 9:16 pm

Does new law will affect 10 years long residency.Please anyone suggest anything. Thanks

#38 
Written By Muhammad on July 23rd, 2009 @ 7:05 pm

I will be five years here by next year, June 2010 .Can I apply my ILR before that period?
Am I still affected by this issue?

#39 
Written By cherry on July 24th, 2009 @ 9:23 am

What happened then to those who are on a student visa after the course has been completed?

#40 
Written By maria amarado on July 24th, 2009 @ 12:37 pm

I have been watching questions and answers on your webs but so far only people from philipin you have helped. Is there any reason why only people from these country? People from other country are not they competent?With nvq level 3 from philipin people are getting work permit.What about those who got nvq from uk ?Can you help them?Be professinal.

#41 
Written By sam on July 29th, 2009 @ 12:19 pm

We have helped people from many countries and the NVQ programme and work permits are open to all nationalities.

#42 
Written By Charles Kelly on July 29th, 2009 @ 1:42 pm

Hi! Is it possible for me to apply for ILR now? I’ve been here in uk since feb 2005.

#43 
Written By Ameena Angot on July 31st, 2009 @ 11:03 am

If on a Work Permit you need 5 years

#44 
Written By Charles Kelly on July 31st, 2009 @ 6:11 pm

Dear Mr Kelly

I have been a work permit holder since April 2006. My first year in the UK started in March 2005 as a working holiday visa holder and I have been in permanent employment since April 2005.Would my first year count towards the 5 years in employment requirement for ILR?

Thanks

#45 
Written By Francois on August 1st, 2009 @ 10:39 am

Hi i have been in this country sinse September 2005 do i qualify to be a British citizen 2010?

#46 
Written By Johanna on December 17th, 2009 @ 9:35 pm

Hi i have been in this country from September 2005 do i qualify to be a British citizen 2010 September next year?

#47 
Written By Johanna on December 17th, 2009 @ 9:38 pm

my friend is applying for ILR, her papers is already in home office, she has a son who was born here, and he’s son is receiving a child benefit and child tax credit, all she knows his son is entitled to have it bcoz he was born here, do you think it will affect her application?What is your advicr Mr. Kelly? Thank you..

#48 
Written By Marlon de guzman on December 29th, 2009 @ 4:12 am

hello mr kelly,
i have been granted a student visa to come to the UK recently after along wait due to an appeal,i am still here in KSA,my class starts next year january 20 2010,i need to travel to London before that date,my problem is that presently my school licensee is suspended,a friend of mine here in Saudi Arabia told me UKBA immigration is on look out for schools suspended under TIER 4,i am worried that i might be questioned and not allowed to step out of the airport when i reach the UK airport..please advise me..

#49 
Written By eduardo j lopez jr. on December 31st, 2009 @ 7:12 pm

i have hsmp visa under judicial review thats new bill effect on me my ilr due on sep 2011 please give me a answer i will be wait thanks

#50 
Written By imran on April 15th, 2010 @ 5:42 pm

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