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Borders, Citizenship and Immigration Bill passes through the Lords | Immigration Matters

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Steve Symonds, on behalf of ILPA reports that the Borders, Citizenship and Immigration Bill completed its passage through the Lords last night with little incident. 

ILPA members (Immigration Law Practitioners Association) have been scrutinising the Bill for several months, working with the Government and recommending amendments. 

There were some, on the whole minor, amendments to tidy it up.  Of significance is an amendment to what is currently clause 39. This clause was newly inserted at Report which seeks to preserve the current route to citizenship for some migrants already on the route to citizenship when the Bill takes effect.  

The change means that those who are able to make an Indefinite Leave to Remain (ILR) application within 12 months of the new naturalisation provisions coming into force, should be able to do so regardless of the new provisions. This is in addition to the protection the clause would give to those who had got as far as making an ILR application (or Further Leave to Remain) on the route to citizenship. 

The Minister gave notice that the Government will return to this matter, and the defeat it suffered in relation to transfer of judicial reviews, in the House of Commons; and, although the intention was not made so clear, indicated that the Common Travel Area defeat would also be returned to there. 

It is expected that the Bill will commence its passage through the Commons and should be on the statute book no later than the summer recess. 

Congratulations to the ILPA working group for the sterling work they have put on behalf of migrant workers and their families.

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50 Responses to “Borders, Citizenship and Immigration Bill passes through the Lords”
Read them below or add one

  1. Hi, my mum is British due to ancestry(late grandma) we were all brought in as minors and finally got a flr this year. We’ve been in the country for nearly 8 years how long do we need to wait before we can apply for british citizenship- because I want to go to uni oversea but I need a British citizenship. My mum has sole custody of us please help because I need to apply for uni ASAP.

  2. i arived in uk Feb. 2007. and i was asking for asylum but my applcation was not accepted. after in Oct. 2008 i get my peper leve to reamin for 5 years but i need to know when i will applay for indfint is`t end of 2011 or in 2013 pls. if u know someting information thanks.

  3. i arived in uk Feb. 2007. and i was asking for asylum but my applcation was not acceptable. after in Oct. 2008 i get my peper leve to reamin for 5 years but i need to know when i will applay for indfint is`t end of 2011 or in 2013 pls. if u know someting information thanks.

  4. hi,my dad hold a work permit visa and had been refused for Indefinate leave to remain in the uk because there was some problems in wages. They have asked us to leave the Uk or appeal agianst it…i was just wondering if our appeal will be successful? we have been living in the Uk from 6 years and been proper good(no criminal offence, no benefits)

  5. hi there i have been this contry 7 years but i got a gap between visa as the home office kept my passport 3months and i got first 3 year then 4 year visa so am i qualifie for ILR PLEASE ANSWER ME

  6. Hi, please i need help. I av been living in UK since 2004 and got a refugee status in 2007. The thing which worries me is the law starting from july 2011, is there anyway i can apply for ILR? I am a university student doing bachelors and working part-time. Please i seriously need help, can i apply for ILR under legacy cases???

  7. Dear Sir,

    I arrived uk november 2006,by nov 2011 it will be 5yrs continously working in one company. My question is am I will be affected by the new law coming up in july 2011?

  8. dir sir/madame
    my name is guylaine i’ve 5 years refugee live to remain and i give birth after that what can i do toapply a passport of my dauther

  9. Sir,

    It’s been a week since I applied for an administrative review. Is it a wise move to have a reapplication? Since administrative review takes months, too long to reach a decision.
    If i will have to make a fresh application, will it make delays on the reapplication result since i applied for both?

  10. Sarah Morgan says :

    I was born in June 1986 and my mother now has her British passport and my dad gets his British citizenship tomorrow. I am currently in the UK on an ancestral visa and have 5 years before I get my citizenship. My partner who I have been living with and dating for over 2 years is on an ancestral visa and will be getting his citizenship in 2 years.

    Is there any possibility for me to get my citizenship through my mother or perhaps get a spousal/dependant visa with my partner so I can receive citizenship the same time as him?

    We would like to go traveling for a few months but we are restricted to the amount of traveling due to the visas.

    Please could you advise me if I would be able to apply for citizenship earlier than 5/6 years?

    Thank you for your help,

  11. You need to see an immigration adviser who can explain your options.


  13. Dr.Jose Kuncheria says :

    Dear Mr. Kelly,
    I am MSW with Ph.D 20 year experience and IELTS 6.5. Worked as Psychologist, Project Manager, Counsellor, NGO Consultant, Trainer etc. My IELTS Validity is only up to 10 th April.. Please guide me for UK tier 2 social care family or child care sponsorship for jobs and further steps

    Dr. JOse KUncheria

  14. Hi,

    I’ve a gap of 3 months between 2 different work permits, during that period I was offshore.
    I had applied before the first WP expiry, but it was rejected because of wrong application format and Home office has provided me a letter regarding the rejection after my WP expiry. By the time, I had to go offshore office of my employer within a week for business reasons for 3 months without the second work permit being applied in UK. I had applied for second WP at offshore and returned to UK within 3 months.

    My first entry to UK – 4th Sep 2005

    Applied for WP extention in August 2006

    Received Home office letter on 20th Sep after WP expiry which says that my WP extention application was rejected because of the wrong application format.

    Had to immediately travel to my India office on Oct 4th 2006 for business reasons. So, could not send for WP extention in UK.

    Applied for WP extention from India and got a new WP in Nov 2006 in India.

    Travelled back to UK on Jan 3rd 2007 with extactly 90 days gap but visa has got again got entry clearance stamp.

    Can apply for ILR i mean Permanent residence in Sep 2010.

  15. I was born in the US in 1959 to an American dad and English mum. I lived in England until I was 22 when I travelled and ended up relocating to the States. I lost my UK citizenship. I now live in Amsterdam and my dutch husband recently passed away. I’d like to relocate to the UK. Will the current bill, if it passes, give me the ability to do so? All my close family live in the UK.

  16. Hi,
    Can you please help me regarding British Citizenship.

    My wife was on work permit before I got married to her.
    Once I got married she was due to apply for her ILR.
    So she completed her 5yrs and me did not complete.
    We both applied for ILR as I came under family Unit.
    We both got ILR and its almost 1yr now.
    Now my question is can we both apply for British citizenship?
    Or Do I have to wait for 5yrs….????????
    Please answer my question….

  17. hi,
    many filipinos overstayed thier visa in uk,are they allowed to work&stay in the uk?Some of them working part time house to house or in vauxhall in hotelin london around london,and they are not paying tax?

  18. You need specialist advice on the 14 year long stay concession. It is not automatically granted. I have replied to you on this.

  19. Hi Veronica – not sure if anyone’s responded to you privately, but you should probably qualify under the 14 year rule. I forget which. Mention that to them and see what they say.You have to be careful about which solicitor you choose, because some will lead you a merry dance while milking you for all you’ve got. Not all of them know their stuff, so choose wisely (easier said than done). Check the terms of your agreement – some will charge you for every letter they send the HO while some include all further correspondence in their one off fee.
    In your case, you have another 2 years to go before you can apply. You have to have been here 14 years before you can apply. The HO will take their own sweet time in responding, but as long as you have all your docs and proof in order, you should be fine.
    There is hope for you yet. All the best!

  20. veronica says :

    Arrived in the uk when I was 11, left when I was 13 came back after a year and a half (just after my 15 bday). I’m now 26 and overstayed. I work fulltime and I’ve bn since I was 19. Different solicitors, different opinions…I feel like I’m stuck in a maze…pls help me with your advise, Thank you.

  21. Here is an answer form an immigration and appeal specialist:
    As usual there is not enough info (e.g. how old are the kids). She appears to only want to hear what she wants to hear. The information she has been given is basically correct.
    However, the rules are as below:-
    Children of persons with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135i-135k)
    Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
    197. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:
    (i) he is the child of a parent with limited leave to enter or remain in the United Kingdom under paragraphs 128-193(but not paragraphs 135I-135K); and
    (ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
    (iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
    (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
    (v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
    (vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
    (a) the parent he is accompanying or joining is his sole surviving parent; or
    (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
    (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
    (vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
    If she can show and prove (b) and (c) above:-
    (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
    (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care then technically she can bring them in as dependants, but ECO’s do frequently refuse these type of applications where the Father is still alive and kicking. She will probably have to be prepared to go to a full appeal and fight the case all the way to the Asylum and Immigration Tribunal (AIT).

  22. I assume the children are living with your ex-husband? You should obtain a second opinion from another adviser, who will need to go through the whole case and explore all the options.

  23. charmaine david says :

    hi sir,

    i am a work permit holder and i would like to bring my children here in uk.Im separated in our country philippines but not legally. my ex-husband has already a family and a business of his own. I consulted an immigration adviser before but told me i only have two options – to get divorce/ annulment or get him a visa too. Im not satisfied with their answer. please help me. Are there any more options i can do to bring my children here?

    thnks and more power!!!

  24. hi, my husband granted british citizenship last month.can i apply for citizenship now as i’ve been here since dec 2005 and now married to a british citizen? or do i need to wait until i completed the 5-year period?

  25. Cherylann says :

    Hi sir,
    I am a naturalized British Citizen and would like to apply for my brother to come here on as a resident, what is the procedure?

  26. DR MASIMBA MAVAZA says :


  27. Senior Carers and other work permit holders are refused further leave to remain(FLR) for all sorts of reasons, but if you meet the rules you should be accepted. If you are worried you should consult an immigration adviser/work permit specialist.

  28. Dear Mr. Kelly: is it true that many senior carers are being refused FLR when renewing thier visas even though their employers have sponsorship license, they are paid at £7.02/h and have NVQ3?…I’m up for renewal soon!

  29. Not sure of the exact implementation of the Citizenship Bill – you might be ok.

  30. Jonathan says :

    Mr Kelly, I am Due To apply my ILR this coming September 2009, Do you think that the new bill coming into law will affect me, when do you think they will implement this bill.I only got 4 months to wait for this coz i came in at October 2004. what do you think is my chances of getting the ILR?

  31. I resigned from my previous employer on Aug 7, 2008 and started to a new one on Sept 8, 2008. I have 1 month gap on my employment. I read your reply to one of your subscribers, you said 5 years continuous work. I came to UK on Oct 7,2004. With my situation, when will I be eligible to apply, is it Sept or Oct 2009? Mr. Kelly your reply will be greatly appreciated. Thanks very much.

  32. Borders, Citizenship and Immigration Bill, which passed through the Lords, will most likely apply to existing migrants, although there may be concessions for those with ILR – indefinite leave to remain.

  33. Melissa Zabala says :

    Hi the new bill applicable to those 5 year work permit holders whose already here in UK since 2006?..or only to those who will still be coming (newcomers) to UK?..thanks..Melissa

  34. JUDITH MULUMBA says :

    I got my first work permit on 20 May 2003, and my ILR in sept 2008. When am l due for my citizenship

  35. Alan Jones says :

    My (female)cousin lives and works in Boston, USA, is US citizen and is now 60 years old. She was born in USA Aug 1948. Her British mother(both of mother’s parents born UK) married a GI in 1945 and moved to Florida. Her parents and brother are now deceased. She has no close relatives in the USA any more and wishes to relocate in due course to the UK to be close to her other relatives eg myself and other cousins,and buy a house. She has sufficient funds to live on and is not seeking to work in UK.
    Could you please advise on the most sensible route(s) to live in the UK on a permanent basis and obtain British Citizenship. I note the amendments re British Mothersin the latest Borders Bill.
    thanks Alan Jones

  36. nadine jackson says :

    A child live here for seven years how cas i apply for ILR.

  37. I acquired my Indefinite Leave to Remanin last 19 November 2008 as Dependant of my wife who was been here since 24 November 2003, but I arrived here in the Uk 24 December 2004 am I covered within 12 months of the new naturalisation provisions coming into force on the route to citizenship? Thank you very much and God Bless always.

  38. christy says :

    yeah, they keep on saying thatss its under consideration and its on process, we started calling since march and they just say the same thing every time we call them.and they said thats theres no time frame,.

  39. Have you checked with the Home Office?

  40. christy says :

    dear sir/madam

    we submit our complete documents for ILR last nov., why is that up to now we still not receive any decisions from the home office, and its nearly 6 mos. now and we haven’t heard anything from them regarding new documents that they need if any.thank you.

  41. Hi, how long does children have to stay in the uk to get indefinite leave to remain. may i know more about 7years concession program and for whom does it apply. thank you

  42. There are a number of requirements, including five years continuous work, on the UKBA website. If you are not sure about the rules I would take professional advice and apply for ILR as soon as possible – while it’s still on “sale”.

  43. Maria Cristina Garcia says :

    I currently hold a work permit visa which is due to expire on the 25 of October this year. When is the earliest time my husbandand I can apply for permanent residency? Also, I was told that I can apply my 14 month old son, who was born here, towards citizenship without going through the settlement process. Is this correct?

  44. mayumi dantis says :

    I would to know if any chance to my mother as my dependant visa she was 73 years old and no one will look after status her I got my leave remain in the uk.and also I’ve been her 7 years.thank you

  45. sir/madam
    hi, im living here in uk nearly 5 years now this coming august 2009, when is the best time for me & my family to apply for ILR and what is the requirements? thank u very much….

  46. dear sir/madam
    i have got my ILR december 2008.please tell me when i can apply for British citizenship according to new rules

  47. robert dunford says :

    ILR Granted me last 30 of August 2008, When can apply for british citizenship? I am living in the UK for 6 years already.

  48. mr rubel rahman says :

    I have overstayed my visit visa that was for 6 months. I have been in the UK for the last 4 years. Can i apply for indefinite leave to remain based on family grounds after 5 years?

  49. UK Border Agency, but you need 5 years.

  50. dilavar singh says :

    Sir /Madem
    i am living in the uk last 4 years on work permit.Please tell me when can i apply for ILR ?

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