BCI Bill: Last chance to avoid retrospection...

Forgive my ignorance here as I find this whole thing a complete minefield.. What exactly does this mean for my DH who has been here since October on a spousal visa. He is a house husband while I am the one who works and provides for the household. Will he have to get a job? I'm really confused.

I have written, twice, no three times!
Depending on when the new rules go into effect, I may or may not get caught up in this.
I am eligible for ILR in June of 2010. I am presently on a visa, and on 9 April will be getting the FLR. So if I can get that coveted ILR before it comes into force, I am ok.
However, There are lots of people who have not a snowball's chance of being home free, and it is totally unfair!
So I write!
Let's unendate (sp?) their offices with mail!

Forgive my ignorance here as I find this whole thing a complete minefield.. What exactly does this mean for my DH who has been here since October on a spousal visa. He is a house husband while I am the one who works and provides for the household. Will he have to get a job? I'm really confused.

No, under the new BCI bill the consistent employment requirement is for those who entered on work related visas not for settlement visas such as spousal or unmarried partners.

Right now if you have a 24 month visa (like myself) and entered more than 28 days after your visa began then you have to apply for another FLR(M) to complete the 2 year visa requirement then apply for ILR once your total 24 months is fulfilled.

No, that is not so, as long as you entered the UK within 3 months of the start date of your 2-year visa.

WebyJ, did you enter in the first 3 months?

It was mentioned in the readings by the House of Lords that they are being inundated (correct spelling LOL) with letters from distressed, anxious, and unhappy constituents who are deeply concerned that the government's new immigration proposals will impact their path to citizenship negatively. So they are getting these letters! And they are listening! This is good news so please send your letters to Baroness Hanham.

I have never wanted time to go by as fast as I do right now. I can't get that ILR (if its still around) fast enough and I'm eligible Sept 2010. It's difficult to already be in a temporary limbo with FLR and the government's proposal is simply to extend that temporary status until citizenship which may be 5 years for some or 3 years for others 'on good behaviour' by volunteering.

If you haven't done so already, please read the ILPA's briefings on all of these issues especially on probationary citizenship and its potential problems. It's no wonder that the ILPA is against these proposals as they are completely unfair, confusing, create more bureaucratic mess and doing the opposite of what the government proposes: making the path to citizenship clearer, simpler, and easier. It's actually getting to the point where those who want this to go through are confusing themselves and have a difficult time even explaining why or how this will work.

No, that is not so, as long as you entered the UK within 3 months of the start date of your 2-year visa.

WebyJ, did you enter in the first 3 months?

I have a 24 month visa 21 March 2008-20 March 2010, I entered on 23 March 2008, I will submit my ILR application on 23 February 2010...If I don't get screwed over by this bill that is.

As far as me not being correct, then tell the UKBA (http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/applicationformset(m)/):

If you delayed your journey to the United Kingdom by weeks or months from the date you received your visa, your visa will run out before the end of your two-year qualifying period and you may need to apply to extend your visa, using application form FLR(M) (see Applying to extend your visa for more information on doing this).

You must not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

I believe you're getting confused with the new 27 month visa's in which there is a bit more leeway in terms of how soon to enter.

The important thing to keep in mind here is this:

As far as Baroness Hanham is concerned I would imagine she thinks that there was success as amendment 23A was voted on and accepted. BUT, it is a 'faulty' wording - which means it's pretty worthless.

So, we all must write to her and kindly explain that the amendmend needs to be re-drafted in order to protect those she clearly wanted to help.

WRITE! WRITE! WRITE!

Now is the time to act. Remember, 2nd day of report is this wednesday (1st April)

Where possible, please cc Transpondia on correspondence to the Baroness. 

ILPA may be interested in a recap of what was said, the salient points, etc  etc....

I believe you're getting confused with the new 27 month visa's in which there is a bit more leeway in terms of how soon to enter.

Not at all, no confusion here. I am well aware that spouse visas are now issued for 27 months, but as regards those issued earlier, for just 2 years, there is a concession in force, to cut out the need to apply for FLR ... as long as the person on the 2-year spouse visa entered the UK within 3 months of the start date of that 2-year visa.

If this bill doesn't apply to people who entered as a spouse, what did Garry mean by this then?

What that boils down to is one day you're a spouse awaiting ILR, and the next day you're a permissioned immigrant who needs to do volunteer work.

Reading the Amendment 56 part of the document I linked to earlier, I don't think it is possible to say that spouses will not be affected.

What it is possible to say if that if ILR is obtained before the new provisions come into force, then those people are effectively exempt from all the new provisions.

However that leaves those still on limited leave visas, such as a 2-year or 27-month spouse visa, who have yet to obtain ILR when the new provisions come into effect, those people, including some already in the UK, will be subject to the new provisions.

That is how I read the Amendment 56 explanation by the Minister.

That is how I read the Amendment 56 explanation by the Minister.

That's my take also.  It could turn out to be an 'across the board' thing...

Migrants with a pending application for ILR that is submitted but not decided before the Immigration Rules are changed following commencement of the earned citizenship provisions will have their applications considered under the existing rules. This is also the case for those who have a pending human rights or humanitarian protection claim or who have applied for asylum.

Any migrant who already has ILR in the UK will be deemed to have permanent residence status for the purposes of the earned citizenship clauses. They will not need to make an application to be recognised as a permanent resident or pay any sort of fee, and they will continue to have full access to benefits and services, subject to the general eligibility criteria. Migrants with ILR, or those whose pending application for ILR is subsequently successful when the earned citizenship clauses in the Bill are commenced, will be able to apply to be naturalised under existing Section 6 of and Schedule 1 to the British Nationality Act 1981, provided that they apply within a set period after the clauses have been commenced. We have not yet confirmed this period, but it is likely to be for between 18 and 24 months after the clauses have commenced. Such a period is fair, given that the aim behind our proposals is to encourage more people who are here legally to become British citizens, as the noble Baroness, Lady Hanham, said.

We do not propose that the transitional arrangements should permit those who do not have ILR when the earned citizenship clauses in the Bill are commenced to be able to apply to be naturalised under existing Section 6 of and Schedule 1 to the British Nationality Act 1981 after the changes have taken effect. This means that when the provisions of the Bill come into force, all migrants with limited leave will have to progress through the earned citizenship architecture to obtain British citizenship or permanent residence.[/u]

The Government will undertake information campaigns between now and the implementation of the earned citizenship proposals to ensure that migrants are aware of the changes and their impact on them. These campaigns will make it clear that the earned citizenship clauses will not be commenced until the beginning of 2010 at the earliest.

So this all means that spouses of British citizens have no choice but to find a job??? That's unbelievable, how in the world can they possibly enforce this? What about all the married men who have non UK spouses who don't work and stay at home to look after the kids, they have to work or they will be removed from the country?? This is basically my situation, I can earn way more than my husband so it makes sense for me to work and him stay at home.
What if they can't find a job, they are getting rarer by the minute. My DH has no qualifications to speak of, he would find it tough to get a job. My god does this mean he may be sent home after the 27 months spousal visa expires. I don't believe this.....

That is not what it means. The earned citizenship route proposes VOLUNTEER activity to shorten the time to citizenship. That does not mean that non UK spouses have to be employed!