A heads up regarding overstayers and returning home to make an application

Garry, you have pulled me up on a post I wrote in February.  I think you will find that I have been 'Mystic Vicky', in predicting that this ban would be unenforcable because of Article 8, and, lo and behold, i was right and the government was forced to change their policy!


 


Vicky

The grand plan is that those who submit a valid naturalization application prior to commencement will be exempt from the new residency requirements and other hurdles.

That's the grand plan.  BUT please do realize that we plan on tripping them up.    And please show a little faith (there's magic in the night), that it's not going to be a simple fait accompli to get this bill through Lords unamended.

So, if it goes through, I am screwed I think...  I realise this is conjecture, but if I have my ILR before they institute the ASBO Citzenship (see Vicky, I so like the way that sounds) what would I have to go through?  They can't suddenly make me an ASBO Citizen with a 3 year wait while I am already a permenant resident?  Wouldn't they have to let me attempt to naturalise under the old rules?

Anyways, we need to do whatever we can to avoid ASBO Citizenship all together... it is plugging the wrong hole because they can, not because it is needed.  Also, I am still fuming about the consultation process.  What was evident in the March paper was that even if there was no supporting evidence for the Migration Offset payments, they were still going to do it and that instead of really addressing people's concerns about ASBO Citizenship, they were simply going to make the whole process longer if people didn't "comply".

From a personal and moral grounds, I need to help whatever way I can on this.  What can we do?

Garry, you have pulled me up on a post I wrote in February.  I think you will find that I have been 'Mystic Vicky', in predicting that this ban would be unenforcable because of Article 8, and, lo and behold, i was right and the government was forced to change their policy!

But to be clear for anyone following the thread, the ban activated on 1 Oct for any migrants NOT in the family formation programme.

And the current plan is that while not subject to the ban, overstayers in the family formation programme will get 2 years added to their probationary citizenship requirement.  That would make it 7 years. 

Garry,

Sorry to beat the proverbial horse but...I'm confused.

I arrived in March 2008 on my 2 year spousal visa, I had intended to apply for my ILR in February of 2010 and apply for naturalization in March of 2011...

I guess what I'd like to know is...how is these proposed changes going to affect me?

Garry,
Sorry to beat the proverbial horse but...I'm confused.
I arrived in March 2008 on my 2 year spousal visa, I had intended to apply for my ILR in February of 2010 and apply for naturalization in March of 2011...
I guess what I'd like to know is...how is these proposed changes going to affect me?

If you didn't overstay previously and the bill gets enacted, your naturalization date will be March 2013.  If you overstayed, it will be March 2015.

If the bill does not pass, you will not be affected.

If the bill passes, but is amended enroute, then we'll just have to see what the new provisions are...

since the bill hasn't passed yet the short answer is that no one knows, WebyJ. It's going to be put to Parliament relatively soon, though.

I'm on a 2-year spousal visa that expires in July 2010 and honestly, I will be *shocked* if I actually get to apply for ILR and not get sucked into this probationary citizenship business.  I just have a feeling.

xposted with garry!

since the bill hasn't passed yet the short answer is that no one knows, WebyJ. It's going to be put to Parliament relatively soon, though.

I'm on a 2-year spousal visa that expires in July 2010 and honestly, I will be *shocked* if I actually get to apply for ILR and not get sucked into this probationary citizenship business.  I just have a feeling.

xposted with garry!

Fingers crossed that it gets quashed or whatever the proper term is. But I have this sinking feeling that we are about to get screwed over. My husband is right, this is just their way to get more £'s out of us. Ok, now this is just depressing. I guess I just have to stop thinking about it until 2010 and just keep preparing for my ILR until it's 'official' and I have to do differently.

So, if it goes through, I am screwed I think...  I realise this is conjecture, but if I have my ILR before they institute the ASBO Citzenship (see Vicky, I so like the way that sounds) what would I have to go through?  They can't suddenly make me an ASBO Citizen with a 3 year wait while I am already a permenant resident?  Wouldn't they have to let me attempt to naturalise under the old rules?

Anyways, we need to do whatever we can to avoid ASBO Citizenship all together... it is plugging the wrong hole because they can, not because it is needed.  Also, I am still fuming about the consultation process.  What was evident in the March paper was that even if there was no supporting evidence for the Migration Offset payments, they were still going to do it and that instead of really addressing people's concerns about ASBO Citizenship, they were simply going to make the whole process longer if people didn't "comply".

From a personal and moral grounds, I need to help whatever way I can on this.  What can we do?

I'm in the same position as you, kitson. Just got my ILR last week, and would love to know what my 950 pounds just bought me. I am hoping to get my naturalisation app in before these changes are permanent (can't apply until next November), but if I have to take a step back to 'probationary citizenship' I will seriously consider leaving.

Your last sentence pretty much sums up how I feel.

From a personal and moral grounds, I need to help whatever way I can on this.  What can we do?

Help out in the domestic violence provisions.  It's very thin on that one because virtually the entire high street is lined up against the PBS and citizenship provisions.