Finally! Common sense has prevailed with the government setting the transitional arrangements for the start of the bill in July 2011. It would have been so unfair and unjustified if any arrangements of sorts wasn’t introduced. I believe there are many hardworking and law-abiding migrants like me who have been wondering for months what this will come down to. Finally, we know!
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In summary, the transitional arrangements as outlined by Phil Woolas are:
1) People who apply for citizenship before the earned citizenship provisions are commenced will be treated under the current system (not be subject to the earned citizenship provisions).
2) People who already have indefinite leave to remain when the earned citizenship provisions commence, will be eligible to apply for citizenship under the current system, provided that they apply within two years of commencement.
3) People who apply for ILR before the provisions commence and whose application is successful, will be eligible to apply for citizenship under the current system, provided that they apply within two years of commencement.
4) The commencement date for the Borders, Citizenship and Immigration Bill 2009 will be July 2011.
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Please find text from House of Commons confirming the date:
” I trust that Government amendment 17, tabled in the name of my right hon. Friend the Home Secretary, alongside assurances that I intend to give the House will address the concerns raised by hon. Members about transitional arrangements. I am also announcing today that, as part of our package of transitional measures, we have decided that to give those who are currently in the UK on a route to settlement time to adjust to the new system, we will allow the earned citizenship provisions to commence in July 2011.”
also:,
“Government amendment 17 requires the commencement order giving effect to the earned citizenship provisions in the Bill to set out transitional arrangements for certain groups. We have made clear in legislation that people who apply for citizenship before the earned citizenship provisions are commenced will be treated under the current system—that is, they will not be subject to the earned citizenship provisions. We have also made it clear that people who already have indefinite leave to remain when the earned citizenship provisions commence, and people who apply for ILR before the provisions commence and whose application is successful, will be eligible to apply for citizenship under the current system, provided that they apply within two years of commencement. That deals with the point made by the hon. Gentleman in Committee.”
the law is here:
the date of commencement is July 2011 as stated above:
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Page 48, line 11 [Clause 59], at end insert—
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‘(8A)
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An order commencing sections 39 to 41 (acquisition of British citizenship by
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naturalisation) must include provision that the amendments made by those
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sections do not have effect in relation to an application for naturalisation as a
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(a)
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the date of the application is before the date on which those sections come
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into force in accordance with the order (“the date of commencement”), or
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(b)
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the date of the application is before the end of the period of 24 months
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beginning with the date of commencement and the application is made
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by a person who falls within subsection (8B) or (8C).
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(8B)
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A person falls within this subsection if on the date of commencement the person
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has indefinite leave to remain in the United Kingdom.
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(8C)
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A person falls within this subsection if the person is given indefinite leave to
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remain in the United Kingdom on an application—
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(a)
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the date of which is before the date of commencement, and
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(b)
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which is decided after the date of commencement.
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(8D)
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The reference in subsection (8A) to an order commencing sections 39 to 41 does
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not include an order commencing those sections for the purpose only of enabling
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regulations to be made under the British Nationality Act 1981 (c. 61).’.
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Posted in Immigration
Tags: Borders, British Citizen, Citizenship and Immigration Bill, ILR, Immigration, Immigration Bill, Indefinate Leave to Remain, Transitional Arrangments, UK Border Agency