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Transitional arrangements for earned citizenship announced by Border Agency

This post was written by Charles Kelly on September 28, 2009
Posted Under: News

Reprieve for migrants with Indefinite Leave to Remain.

The UK Border Agency has announced transitional arrangements for migrants who will be on the ‘journey to British citizenship’ when earned citizenship is introduced.

The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009.

Sections 39-41 and 47-49 of Part 2 of the Act give effect to earned citizenship, which is planned for introduction in July 2011.

As the Borders, Citizenship and Immigration Bill progressed through Parliament, the government listened to the views of both the House of Lords and the House of Commons.

 The government subsequently agreed the following transitional arrangements:

  • If a migrant has already been given indefinite leave to remain (ILR – also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a ‘permanent resident’. They will not need to pay or apply for this to occur. They will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.
  • 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.
  • 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.
  • 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.

All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system.

The message is clear. If you qualify for ILR, apply now while it’s still on sale.

If you need any immigration advice or help with Studying in the UK, 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

i arrived in Uk last augost 2006 and my visa will expire on augost 2011.now my question is, do i still qualified to apply for indefinite leave to remain in uk? I highly appreaciate if you answer my question..thank you so much

#1 
Written By marivic reyn on October 4th, 2009 @ 12:35 am

I fall under the category of judical review of HSMP Nov.2006. My current visa will expires on 21 Dec, 2011.
With the forth coming of “earned citizenship” being introduced in July 2011.
Do l need to apply for my ILR before July 2011 or wait till Dec.2011 when my five year will be expiring.
Thanks for your prompt reply.

Mr Samuel

#2 
Written By Samuel on October 5th, 2009 @ 12:17 pm

I just got married and apllied for the initial 2 yrs visa. I will be due to applY for indefinite after july 2011. Which category will i fall into with the earned citizenship route?

#3 
Written By Eve on October 5th, 2009 @ 6:10 pm

It depends on what type of leave you have now. If you are here on a work permit you may qualify for ILR. You should take legal advice.

#4 
Written By Charles Kelly on October 5th, 2009 @ 7:36 pm

I have already got my Permenant residency. Inorder to get citizenship would i need to do volunteering and stuff like that to help local communities.

#5 
Written By aleena on October 6th, 2009 @ 8:20 pm

I arrived in the UK in 2007 and I had my permanent residency since I moved in the UK. Would I be able to apply for british citizenship this year!, or do I have to wait until 2011 for the new system of citizenship.

I hope you could help me!!

Cheers

James

#7 
Written By James on October 7th, 2009 @ 12:38 am

I arrived in UK in Jan 2004. Initially I was on Permit Free Training visa for 2 years. Then I got approval of HSMP in June 2006 and was on HSMP visa for 2 years since Oct 2006. I got extension of my visa in Oct 2008 under category of judical review of HSMP Nov.2006 . My current visa is expiring in Oct 2011.Would I be able to qualify to apply for indefinite leave to remain in uk ? Secondly when should I apply for ILR ? your advice would be of great help. Thanks.

Rohit

#8 
Written By Rohit Sharma on October 7th, 2009 @ 10:56 pm

I arrived last December 2006 and my current visa ill expire on 02 October 2013.With the forth coming “earned citizenship” to be introduced on july 2011.Do i need to apply for my ILR before july 2011 or wait for my visa to expire.Can you give me an idea when am i going to appy.Thank you

#9 
Written By malyn on October 8th, 2009 @ 10:01 pm

I arrived on September 29, 2006. With the coming Earned Citizenship law, how does it affect me? I’ll get my residency on September 29, 2011.

#10 
Written By Allan S. Camingal on October 10th, 2009 @ 3:56 pm

I arrived in the UK March 2007. Can I still apply for an ILR when I will renew my visa this 2010?

thank you…

#11 
Written By Maricor on October 11th, 2009 @ 12:58 pm

Im sorry i forgot to mention that I arrived in the UK March 2007 as a work permit holder and will expire on March 2010. When I will renew, can I still acquire ILR giving me a chance to apply for citizenship in the future following the Transitional Arrangements?

thank you very much…

#12 
Written By Maricor on October 11th, 2009 @ 1:10 pm

I just want to ask if the student visa can switch into Tier 2 work permit by this time?Thank you very much.

#13 
Written By fritzie on October 12th, 2009 @ 3:22 am

I fall under the category of HSMP June.2006. My current visa will expire on july 2011.
With the forth coming of “earned citizenship” being introduced in July 2011.
Do l need to apply for my ILR before July 2011 or wait till when my five year will be expiring.
Thanks for your prompt reply

#14 
Written By mohamed on October 12th, 2009 @ 12:22 pm

I am on work permit from 14 april 08 and was entitled for ILR from april 2013. Is new law going to affect me? my work permit says I will be entitled for ILR at the end of 5 years.
Can any body reply?

#15 
Written By khaftiguy on October 12th, 2009 @ 2:05 pm

In general it is usually advisable to apply for ILR as soon as you qualify.

See: Transitional arrangements for earned citizenship announced by Border Agency

http://www.immigrationmatters.co.uk/wp-admin/post.php?action=edit&post=2989

#17 
Written By Charles Kelly on October 12th, 2009 @ 3:28 pm

I’m a work permit holder, I arrived here in UK May 18, 2005 and I will be exactly 5 five years living here in UK May 2010. But, my current visa will expire on April 26, 2010, can I apply for ILR before my visa expire on April 26, 2010?

#18 
Written By Alice San Miguel on October 12th, 2009 @ 5:26 pm

hello, I am a work permit holder, I came here in uk last dec 11, 2006 and may work permit will expired 60 months from the date of leave to enter. My visa will expired november 09 2011. MY question is can I apply my ILR before the expiring of my visa and there’s no problem.

#19 
Written By karen on October 13th, 2009 @ 3:54 pm

Hi, I have already got my permanent residence (ILR) under the Home Office’s “Gateway Program” from July 10, 2008. My question is, when would I get UK citizenship under the new Earned Citizenship law?

#20 
Written By taktuki on October 21st, 2009 @ 7:15 pm

Hi! I am a work permit holder since Oct 2008. i have been living with my partner for 5 years who is a British. We are considering to get married next month, i want to know if will be eligible to apply the ILR before july 2011? thanks very much!

#22 
Written By faye on November 9th, 2009 @ 2:20 am

Hi,

I arrived in the UK on December 2006 and my current visa ill expire on 02 December 2011.With the forth coming “earned citizenship” to be introduced on july 2011.Do How this will effect me, will I be able to apply ILR in Dec 2011?

Thanks.

#23 
Written By Shailendra on November 10th, 2009 @ 12:11 am

For indefinite stay and naturalisation, due to new rules coming, people are really concerned. Thats why we have seen significant increase in students applying for our ESOL with Citizenship course. People want to get their Indefinite Leave to Remain or British Nationality before new rules come in to force. Especially we have so many philipino students who has been here in the UK for long time but never bothered to apply for UK passport. Now they are rushing to us to pass the Life in the UK Test.

#24 
Written By Ashraf Chaudhary on November 10th, 2009 @ 6:47 pm

I arrived in UK in June 2006 and I was on work permit visa for 4 years. Then I got employment change and renewed my visa. My current visa will be expired in March,2014. Would I be able to qualify to apply for indefinite leave to remain in uk? Secondly when should I apply for ILR ? your advice would be of great help. Many Thanks.

#25 
Written By Feiyan Zhao on November 24th, 2009 @ 7:15 pm

I am a female, arrived in the UK in 2007 and i came with a student visa, still studying. Enroled in the Health and Social Care Level 3 which will soon finish. I am giving volunteering services to Charity/Social Care Sector in Hackney since June 2009 and still doing this. I have excellent speaking and writing English Language skills. I was working for a reputable financial organisation but have to run for my life. I have so much problems back home and ran away because i do not want to be killed, my police head quarters can testify for political reasons. I did not claim asylum but studying and will there be any assistance of any kind? Kindly advise me. Thank you very much.

Salay

#26 
Written By Salay Vincent on January 2nd, 2010 @ 2:58 pm

Hello! Im a work permit holder, I came in UK last November 2006 and my visa will expire in 2013. My question is would I be able to apply for ILR? and when can I apply for my ILR? your answer will be a great help for me…Thank you

#27 
Written By Rhea Martinez on April 6th, 2010 @ 8:33 pm

I am british and I got married to my wife in 2002. She was an overstayer at that time. we applied for indefinite leave in 2004 but we were given a 3year discretionary leave to remain (REASONS OUTSIDE IMMIGRATION RULES) This was granted in August 2005. We applied for ilr when this expired but we were given another 3 years. this expires in nov 2011, does this mean that she has to go through the earned citizens route?

#28 
Written By Chris on May 7th, 2010 @ 7:28 pm

I got my work permit visa in feb 2008 and then I changed my visa to Tier1 (general- HSMP)which wass granted to me in May 2009.

My Question is.

Do I fall in older rules to apply for indefinite leave and then for citizenship?

OR

Will I be required to fulfill the conditions for earned citizenship to be eligible for Brit.citizenship.?

I will be very gratefull if you tell me the right answer and its consequences or something to follow to get myself on right path.

Kind Regards

Parwinder Singh

#29 
Written By parwinder singh on May 20th, 2010 @ 3:34 pm

I fall under the category of judical review of HSMP Nov.2006. My current visa will expires on 02 Dec, 2011.
With the forth coming of “earned citizenship” being introduced in July 2011.
Do l need to apply for my ILR before July 2011 or wait till Dec.2011 when my five year will be expiring.

Any help would be realy appreciated.

Regards,
Sunny

#30 
Written By Sunny on June 15th, 2010 @ 8:35 pm

Hi I arrived in UK since 25 February 2006 with a Spouse Visa, after 2 years I renewed my visa to indefinite and I granted a ILR visa, I will apply a british citizenship on my 5 years as ILR visa on 25 February 2011. My question is if this UK border new rules will affect my british application? thanks for your help.

#31 
Written By wacky on July 4th, 2010 @ 1:51 am

hi i m on spousal visa issued on june 2010 and exiring on june 2012 will the new rules of july 2011 affect me for applying ilr in june 2012 ? will i be granted ilr or the probationary visa under new rules? plz help me i m in a big confusion?

#32 
Written By mohsin on October 15th, 2010 @ 1:43 pm

I Have Arrived In Uk In 2000 As A Asylum Seeker.In 2004 Ive Resived REfusal Letter For Some Reasons. But Ive Recently Recived My Indeffinat Visa [Legacy Visa Out Of Imigration Rulls] About Two Month Ago.Im Just Wandering Am I Eligible To Apply For Cittizenship Right Away. Coz Ive BEEN Here For Long Time?

I Would Be Greatfull If I Get Quick Responce.

Best Regards

#33 
Written By hoseyn on March 9th, 2011 @ 4:54 pm

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