Immigration Matters 2009 round up

This post was written by Charles Kelly on December 31, 2009

Posted Under: News

In the last Immigration Matters article of the year, and the decade, we reflect on the
events of 2009 and contemplate what we might expect in 2010.

Immigration news in 2009 was largely dominated by the introduction of Tier 4 of the
points based system in March, which saw a rush of pre-Tier 4 student visa applications
creating a backlog which took several months to clear.

Around two thousand educational providers were registered as Tier 4 Sponsors for the
first time, after spending most of 2008 going through the strict application and vetting
process.

Thousands of colleges failed to make the grade, and were refused licences, or missed the
deadline at the start of Tier 4. Other colleges later had licences withdrawn by the UK
Border Agency, leaving hundreds of students unable to come to the UK having paid fees
in advance.

Despite the teething problems a record number of student visas are reported to have been
issued under Tier 4, largely due to the simplification of the requirements resulting in a
reduction in the number of refusals.

In came decisions based on the facts, out went refusals based on subjective things like
‘intention’ to return or study.

As a result of this radical shift, the right of a full appeal against student visa refusals was
abolished in favour of a new Administrative Review system.

Universities and colleges have for years been calling for a student entry clearance system
which relies on factual information to qualify for a visa, which the government have duly
delivered.

Despite this, the government continue to come under fire over foreign student following
revelations that suspected terrorists were in the UK on student visas. They are now being
accused of making it too easy to obtain a student visa!

Border and Immigration Minister Phil Woolas announced that overseas students are
worth a staggering £8 billion to the UK economy, which the country has welcomed
during a worldwide recession in 2009.
Employers were also busy getting to grips with Tier 2, for skilled workers, introduced at
the end of 2008. Meanwhile enforcement teams have been busy dishing out £10000 fines
to employers who flout the immigration rules on employing overseas nationals.

Even the Attorney General, Baroness Scotland, could not escape a fine after being found
guilty of illegally employing her foreign Nanny.

The Borders, Citizenship and Immigration Act 2009 received Royal Assent (became law)
on 21 July 2009, signalling major changes in the way the UK grants permanent residency
and citizenship to migrants.

The concept of ‘earned citizenship’ or ‘earning the right to stay’ was born, meaning that
migrants will no longer be automatically granted Indefinite Leave to Remain (ILR) or
UK citizenship.

The government introduced a large number of immigration rule changes this year,
including automatic bans of up to 10 years for making a false statement or fraudulent
immigration application, which can be found on the UK Border Agency website.

Looking ahead to 2010 we can expect to see the start of the phasing in of the Citizenship
Act.

Educational provider visa letters will go electronic in February, which will save a few
trees and cut down on FEDEX and DHL costs.

The government are currently reviewing student visas and are expected to make an
announcement in early in the New Year.

The AIT (Asylum and Immigration Tribunal) upper chambers should be hearing some
Judicial Review cases following a reshuffle.

Related Articles:

Earning the right to stay under new UK citizenship rules

Finally we would like to take this opportunity to wish you all a very happy and
prosperous New Year!

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:

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Immigration Information

Earning the right to stay under new UK

citizenship rules
This post was written by Charles Kelly on November 3, 2009
Posted Under: News

New citizenship proposals outlined in the Borders, Citizenship and Immigration ACT,
which became law on 21 July, will make it harder to settle in the UK.

The UK government is radically changing the route to British citizenship under a new
system of ‘earned citizenship’. Until now migrants have largely taken for granted that
they would gain a British passport or permanent residence by virtue of the amount of
time spent in the UK.

But this is all about to change as the UK Border Agency introduces the radical new
concept of earning citizenship as part of the biggest immigration shake-up for sixty
years.
The new system will create a clear, three-stage ‘path to citizenship’ for migrants to
become British citizens, which will include for the first time a new ‘probationary
citizenship’ stage.

The government say the proposed new rules will ensure that the “rights and benefits of
British citizenship are matched by responsibilities and contributions made to our society.

“Those who want to settle permanently in the United Kingdom will have to earn the right
to stay by learning English, paying taxes and obeying the law.”

The government said it will support migrants who “play by the rules”, and will take
action to punish those who do not. Migrants who demonstrate ‘active citizenship’ will be
able to become British citizens more quickly.

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.”

How will the new system work?

Presently migrants qualify for ‘indefinite leave to remain’ and then citizenship by
meeting certain conditions for a given period of time and simply making an application to
the UK Border Agency. Under earned citizenship there will be three stages which a
migrant must go through before being granted permanent stay or British citizenship.

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

The three stages of the citizenship process

Stage 1: Temporary residence

All migrants will be at this stage when they first come to the United Kingdom. To be able
to progress to the second stage, they will need to:
 • spend a minimum amount of time (which will vary between the different routes)
• obey the law – not gain a criminal record
• pass a test of their English language skills and/or their knowledge of life in the
United Kingdom and
• meet additional requirements

For instance, someone on the work permit or Tier 2 route will normally need to still be
employed and paying taxes, those on the Family route will need to show that they have
an ongoing relationship with a person who has close ties to the United Kingdom, and
those on the Protection route will need to continue requiring international protection.

Stage 2: Probationary citizenship

During this stage, migrants will have to demonstrate that they have earned the right to
make the United Kingdom their home.

Before progressing to the final stage, a migrant must spend a minimum amount of time as
a probationary citizen – this amount of time will depend on their route (Work, Family or
Protection).

Migrants who can demonstrate that they are actively contributing to the community
through ‘active citizenship’ will be able to move to the next stage more quickly.

To demonstrate active citizenship, a migrant might volunteer with a recognised

organisation such as a charity, serve on a community body or take part in an activity that
advances: education, health, social and community welfare, heritage, arts, culture or
sport. It would also include working with organisations which benefits children, young
people, elderly people, disabled people or other vulnerable groups and/or involves
mentoring or befriending.

The government said these activities will encourage integration, by “bringing migrants
into greater contact with the wider community so that they share values and use their
English language skills”.

To be able to progress to the third stage, migrants will need to:

• have obeyed the law during their probationary citizenship;

• have continued to be self-sufficient, with no access to benefits (unless they are on
the Protection route) and
• meet additional requirements specific to their route

Migrants who receive custodial or prison sentences will normally be prevented from
progressing on the ‘path to citizenship’. Those convicted of minor offences will normally
have to wait until their conviction is spent before they can progress to the final stage.
Any migrant who has spent five years as a probationary citizen will need to either move
on to the final stage or leave the UK.

Stage 3: British Citizenship or permanent residence

Migrants who become British citizens will have full entitlement to the rights and benefits
that this brings.

The status of permanent residence will be available to migrants who do not want to or
cannot become British citizens (because of dual nationality issues, for example).

Transitional arrangements 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.

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.