Proposed plans for those whom hold ILR when the Earned Citizenship is introduced (other ILR Holders)

Mr J. He made this Freedom of Information request to UK Border Agency

The request was partially successful.

From: Mr J. He

23 February 2010

Dear UK Border Agency,

I would be most grateful if you can provide me with any
documentation which purports to handle applications for Citizenship
after commencement of earned citizenship for the type of applicant
below:

*Those whom, on the day of earned citizenship holds permanent
resident (PR / ILR) but;
- Whom cannot apply under the old citizenship rules
- Whom cannot apply under the transitional 2 years

Most specifically, those whom acquired their ILR under 276B, 14
years Long residence, meaning they cannot accrue the relevant five
years even within the two year transitional provision, extending
into 2013... For these applicants:
-will there be alternative transitional arrangements,
-or would they qualify for citizenship application as soon as it is
enforced, as they are seen as permanent residents already and under
the new model, all permanent residents are allowed to apply for
citizenship at any stage after acquisition of ILR?

Thank you.

Yours faithfully,

Mr J. He

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From: Freedom Of Information Team ( IND )
UK Border Agency

24 February 2010

Dear Mr J He

RE FOI 14102
Proposed plans for those whom hold ILR when the Earned Citizenship is
introduced (other ILR Holders) (29587)

Thank you for your recent e-mail concerning the above matter.
Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and we will respond shortly.

Kind Regards

UKNBA
FOI Team

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From: Healey Kerry
UK Border Agency

4 March 2010

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Dear Mr He

Thank you for your email of 23 February in which you have asked for
information about transitional arrangements for Earned Citizenship.

Your request does not fall under the Freedom of Information Act and has
been dealt with under our standard procedures for answering immigration
queries.

The Earned Citizenship provisions contained in the Borders, Citizenship
and Immigration Act are the realisation of a third stage of reforms
which we are introducing to strengthen border controls and to ensure
that newcomers to the United Kingdom earn the right to stay. We have
committed to implementing the provisions contained within Part 2 of the
Act, which is concerned with our proposals for Earned Citizenship, by
July 2011.

Our objective is to make our immigration system clearer, more
streamlined and easier to understand thereby reducing the possibilities
for abuse of the system, maximising the benefits of migration and
putting shared values at the heart of the system. We also want to
encourage people with the right qualifications and commitment to take up
citizenship so that they can become fully integrated into our society.
Our citizenship proposals will further ensure the rights and benefits of
British citizenship are matched by responsibilities and contributions
made to Britain, ensuring that newcomers earn the right to stay by
learning English, paying taxes and obeying the law.

The Government have been very clear that our transitional arrangements
before we commence the Earned Citizenship provisions should be fair to
those with reasonable expectations. Commencement of the legislation is
due therefore to take place in July 2011 giving a considerable period of
notice to all migrants currently in or planning to come to the UK. Our
proposed transitional arrangements were agreed by Parliament, and we
have posted these on the UKBA website. You may find it useful to visit
this website for further information; the address is:
http://www.bia.homeoffice.gov.uk/sitecon...
/transitional-arrangements-earned

Our transitional arrangements will mean that those individuals who
already hold Indefinite Leave to Remain (ILR) before commencement, or
whose successful application for Indefinite Leave to Remain (ILR) which
was submitted before commencement but decided afterwards, will
automatically be given Permanent Residence status at no cost to
themselves. Permanent Residence provides the same levels of access to
benefits and work rights as ILR. Those who already hold, or acquire ILR
in this way will also be able to apply for British citizenship under the
current system provided they apply within two years of commencement i.e.
on our current timetable, before July 2013.

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.
The current requirements to be met in order to naturalise as a British
citizen are available at:
http://www.bia.homeoffice.gov.uk/british...
sation/standardrequirements/+contained.
These include the need to be have been free of immigration time
restrictions for a period of 12 months before applying; which is
commonly demonstrated by showing that you have held ILR for 12 months.
If an individual cannot meet these requirements he can re-apply later on
when he does. However a person who cannot or does not fall within the
transitional period arrangements, will be expected to apply for British
citizenship under the new Earned Citizenship provisions and meet the new
requirements set out. You are advised to check the UKBA website for the
most up to date information on obtaining British Citizenship.

Regards,

Earned Citizenship Programme

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From: Mr J. He

8 March 2010

Dear Healey Kerry,

Thank you for your prompt response to my query. In your reply, you
have highlighted the points I have raised within my original
questions, but this does not answer the main query.

I understand that those whom have acquired ILR based on Long
residence (276b) or from other categories which would not otherwise
not permit them to apply for British Citizenship within the
transitional two year period are to be dealt with under the new
Citizenship model.

However, the small groups which fall outside of the path to
citizenship- those whom hold ILR, but cannot apply for Citizenship,
such as Long Residence (14 years) are not covered within the
explanatory notes, as provided by the Home Office. I would
therefore like to know whether these types of people will need to
proceed through the probationary / active citizenship period before
applying for Naturalisation even though throughout the transitional
two years after commencement, they would have held ILR for the
duration and even before commencement.

Currently, the published information categorises migrants into
groups which omit categories of applicants which are present but
cannot seem to place themselves into advertised routes, such as
family / work... The latter type is a case in hand. Although,
should these types of applicants be expected to go through the
active citizenship stage, they would still be disadvantaged by even
identifying the relevant prescribed route they had taken, as it is
not family or work within the new citizenship model.

I would be most grateful if you could spare me a little more of
your time to clarifying how the long residence (14 year) applicants
can or cannot progress through to citizenship.

Yours sincerely,

Mr J. He

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From: Healey Kerry
UK Border Agency

8 March 2010

I am out of the office until 10th March if you have any enquiries please
ring Communications Team 237 5527

Thank You

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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UK Border Agency

10 March 2010

Dear Mr He,

Thank you for your email

As set out in our last reply those who acquire Indefinite Leave to
Remain (ILR) under the Long Residency Rules are able to apply to
naturalise as a British citizen provided that they also meet the
necessary requirements which are set in the British Nationality Act 1981
(a link to the relevant page on the UKBA website was previously
provided).

A person who has ILR or who acquires this before earned citizenship
commences may therefore be able to apply under the existing arrangements
within the two year transitional period. Those who do not will need to
meet the new requirements for naturalising under earned citizenship.

UKBA is continuing to develop the exact policy for earned citizenship
and will publish details on the website as these are finalised and
before July 2011. This means that we are not able to give you exact
details in response to your request at this time. I am sorry that we
cannot answer your query in more detail.

Regards

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