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Legal News - January

Immigration News

New Rules for British Citizenship
The UK Border Agency recently announced changes to British nationality law under the Borders, Citizenship and Immigration Act 2009.
The most significant change will be the introduction of "earned citizenship" but this will not come into force until July 2011 (see transitional arrangements below).
However, the majority of the changes commenced on 13 January 2010, making it easier for the following people to gain UK citizenship:

1.   Children born overseas to parents in the armed forces
A child born outside the UK after 13 January can register as a British citizen if:­

  • they were born to a Foreign and Commonwealth member of the UK armed forces; and

  • that parent was serving outside the UK at the time of birth; and

  • both parents consent to the registration.

2.   Children born outside the UK to British citizens by descent
From 13 January 2010 children of British citizens by descent can be registered under section 3(2) of the British Nationality Act 1981 if an application is made at any time before their 18th birthday.

3.   British nationals (overseas) with no other citizenship or nationality
British nationals (overseas) can be registered under section 4B of the British Nationality Act 1981 if they do not hold any other citizenship or nationality. A British national (overseas) will not qualify under this section if he or she has done anything after 19 March 2009 that resulted in the loss of another nationality.

4.   Children of British mothers
Since13 January 2010, a person who has a British mother will have a right to register as a British citizen under section 4C of the British Nationality Act 1981, if they would have become a British citizen at birth had women been able to pass on citizenship in the same way as men. (Before 13 January 2010, this right applied only to those born after 7 February 1961).
The law has also changed so that anyone born in the UK after 13 January 2010 to a parent in the UK armed forces will automatically be a British citizen.

Transitional arrangements for earned citizenship

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 to be introduced in July 2011. A specific date of introduction will be announced closer to the time.
The Government has subsequently agreed the following transitional arrangements:

  • If a migrant has already been given indefinite leave to remain (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.

UK Tier 1 Visa requirements likely to become easier

In light of the changing economic circumstances the Government asked the Migration Advisory Committee (MAC)  to consider changes to the Tier 1 visa scheme for the years 2010/11.
MAC has recently completed its review and it’s recommendations include the following:

  1. Prospective immigrants with a minimum of a bachelors degree should be able to come under Tier 1 if their previous earnings are at a high enough level and if they gain enough points. Currently to come under the Tier 1 visa you need to have at least a masters degree.
  2. Under Tier 1 overseas salaries are converted into a UK equivalent by using "salary multipliers". MAC recommends that the "salary multipliers" are reviewed very soon./ Professional qualifications for example in law and accountancy should be considered equivalent to a masters degree.
  3. There should be a substantial increase in the thresholds under which you can gain points for previous annual earnings. It is recommended that there are no points for anyone with previous annual earnings of below £24,000.
  4. There should be no educational requirements for migrants with previous annual earnings of at least £150,000. \ Those applicants who are under 39 years of age should receive points.
  5. Highly Skilled migrants under Tier 1 should only be given two years initial stay in the UK instead of the current three years. If they are in highly skilled employment they should then be able to apply for a three year extension at the end of the two year period.

In addition MAC says that Tier 1 (Post-study work) should continue. This is for migrants who wish to work in the UK after completing their education in the UK since this brings economic benefits to the UK.
The Government will consider these recommendations and make an announcement in early 2010. However, it should be noted that the UK Government normally accepts MAC recommendations in full.

UK Tier 2 Visa Holders now require identity card
From 6 January 2010 all those extending their stay under the Tier 2 visa including dependents will need to apply for an identity card.
In November 2008 the UK Border Agency started issuing compulsory identity cards for a number of non EU nationals applying to extend their stay in the UK. The categories of people who require identity cards continues to increase.
If you are required to apply for an identity card you must provide your biometrics (fingerprints and facial image) before applying to stay in the UK. If your application is successful you will be given an identity card.
The UK identity card provides the following information:

  • Nationality

  • Identity – Name, date of birth, etc.

  • Immigration status in the UK – This gives information on your right to work or study in the UK and, if relevant, your right to access public services.

The UK Border Agency also proposes from the end of 2010 that highly skilled immigrants and temporary workers should be required to apply for an identity card when they apply to extend their stay under Tier 1 or Tier 5 of the UK points-based system. By April 2011 all immigrants applying to extend their UK visa for more than six months will be required to apply for an identity card.

Those who have indefinite leave to remain, those applying for indefinite leave to remain and those in certain other immigration categories are unaffected by the changes. In this situation you will continue to receive a vignette in your passport

 

Please call us on 01932 852 057 and speak to Piers Meadows for more information.

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