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Topic: New Nationality Law: Gentle Reminder  (Read 4959 times)

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New Nationality Law: Gentle Reminder
« on: July 31, 2009, 06:52:59 PM »
We all know by now that BCI (minus the CTA stuff) has received Royal Assent and that it's a done deal.  Everyone breathed a sigh of relief off the back of a Ministerial Statement which said the naturalization provisions would not kick in until July 2011.

*But* I hope everyone remembers that all the other stuff in the new law kicks in next January.  January 2010.  And they are NOT going to back off of it either.  No siree bob, they have had ENOUGH.  And since people here were totally focused on the naturalization provisions, there may be people here thinking that *everything* kicks off in 2011.  But that's not so.

So when people are comming into UKY to find out how the new laws affect them, be sure to clarify which change is going to happen when vis-a-vis what they are trying to find out. 



================
Afterthought.  The CTA stuff I mentioned was dropped from the bill for political expedience, but the government has made it real real clear that they are not letting go of it.  It only affects UKY an itty-bitty bit, and our position is that we like it.  So it puts UKY on the same side as the government for this particular issue.


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Re: New Nationality Law: Gentle Reminder
« Reply #1 on: July 31, 2009, 06:57:51 PM »
Garry (or anyone who knows), could you post a brief summary of what the changes are and when they happen?  I've been trying to sort it all out, but am getting confused by all the changes that have happened with the bill.  I think I am personally all sorted since the naturalization stuff doesn't start until July 2011 but am still interested in what is changing.

Thanks  :)


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Re: New Nationality Law: Gentle Reminder
« Reply #2 on: July 31, 2009, 07:00:28 PM »
Ditto. I'm afraid I find the legislations threads pretty impenetrable.


Re: New Nationality Law: Gentle Reminder
« Reply #3 on: July 31, 2009, 07:22:15 PM »
That's fine. 

Background.  The bill was introduced in the Lords.  And then some people on the advocacy side managed to get Clause 39 tacked on to the bill.  UKY was a big player in that particular episode.

Then it went to the Commons.  And those sods removed Clause 39.  Then everybody flipped out and we all wrote to our MP's to complain about it.

Then the bill went back to the Lords and we were all hair-triggered for a big shoot-out  to get Clause 39 BACK IN the bill.  Remember? 

Then the Minister gave a statement that exempted everyone currently in the pipeline (i.e., July 2011).  That took the heat off and defused the situation that everyone was flipping out about.

*BUT*

All the other stuff in the bill was untouched!  So it starts in 5 months.

Hope that helps...


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Re: New Nationality Law: Gentle Reminder
« Reply #4 on: July 31, 2009, 08:09:58 PM »
Speaking for myself, I'm afraid it's "all the other stuff" I was unclear on. And, yes, I realize it's a big ask, but y'all get on those threads and throw around bill names and clause numbers and make my tiny American brain hurt. The appropriate Yank expression would be "inside baseball."

Is this the points based citizenship thing? And is that mostly what we're talking about or are there other big changes?

And I still wonder how likely this legislation is to survive in its present form given a probable change in government next Spring. I understand the civil service often keeps going in a straight line despite changes in government, but I get the impression these changes aren't driven by suggestions from the civil service.


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Re: New Nationality Law: Gentle Reminder
« Reply #5 on: July 31, 2009, 08:32:26 PM »
Speaking for myself also, I echo what Stoatula said...  huh?


Re: New Nationality Law: Gentle Reminder
« Reply #6 on: July 31, 2009, 09:13:51 PM »
Speaking for myself also, I echo what Stoatula said...  huh?

For those needing a reminder about what the "other stuff" is.  It includes these.  I totally guarantee that each and every one of these points affect us with the possible exception of the BON's. 

permit children born in the UK to members of the armed forces to acquire British citizenship (section 42)
- permit children born in the UK whose parents become members of the armed forces to register as British citizens (section 42)
- change the age from 12 months to any time while still a minor for the registration as British by a child under section 3, British Nationality Act 1981 (section 43)
- permit British Nationals (Overseas) who otherwise have no nationality to register as British citizens
- remove the 1961 cut-off in respect of which those born before then to British mothers overseas have not been able to acquire British citizenship (section 45)
- permit children both outside the UK to members of the armed forces to be registered as British citizens (section 46)


Service with a smile   ;D  Gentle reminder notwithstanding. 


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Re: New Nationality Law: Gentle Reminder
« Reply #7 on: July 31, 2009, 10:04:21 PM »
What is/was "the CTA stuff"?


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Re: New Nationality Law: Gentle Reminder
« Reply #8 on: July 31, 2009, 11:46:15 PM »
CTA = Chicago Transit Authority.  They've had some budget cuts and....

Oh!  Wrong forum.  :D

CTA = Common Travel Area.  (UK, Channel Islands, Isle of Man, and the Republic of Ireland.)  I remember a lot of the MPs trying to figure out why security at the borders needed to be tightened up NOW when it hadn't been during the Troubles.


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Re: New Nationality Law: Gentle Reminder
« Reply #9 on: August 01, 2009, 12:00:30 AM »
Quote
Then the Minister gave a statement that exempted everyone currently in the pipeline (i.e., July 2011).

Sorry, just a correction here. It exempts everyone currently in the family pipeline. Everyone else on citizenship-qualifying visas (work, ancestry) still gets screwed.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: New Nationality Law: Gentle Reminder
« Reply #10 on: August 01, 2009, 12:23:39 AM »
ergh I'm still confused :-(

I am not eligible to apply for ILR (actually, ILE) until Late February of 2010. What does that mean for me?  


ETA: Oh, and I won't have had a spousal visa or anything like that before I apply for ILE as I'm applying for that on the basis of having been married for 4 years outside the UK in case that wasn't totally obvious. So its not like I will have been "in the system and on the path" already - which is what concerns me.
« Last Edit: August 01, 2009, 12:25:21 AM by Reinadeluz »
"Treat for the treatable" - Uncle Mikey's Maxim # 1


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Re: New Nationality Law: Gentle Reminder
« Reply #11 on: August 01, 2009, 10:00:28 AM »
Garry, thanks for enumerating the things that will change soon, as opposed to those which won't happen until July 2011.

Even though I'd been following the bill, there was no way I would've been able to easily sort out what was supposed to be happening 'sooner' as opposed to that happening 'later', except of course for one particular item...
UK resident since 2005, UK citizen as of 2010 due to female British parent.


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Re: New Nationality Law: Gentle Reminder
« Reply #12 on: August 01, 2009, 10:06:48 AM »
Thank you Garry....that summary helps a lot-- I was one of the lost and confused about the upcoming changes!


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Re: New Nationality Law: Gentle Reminder
« Reply #13 on: August 01, 2009, 11:35:59 AM »
Reinadeluz, your ILE won't be affected, but as you'll need 3 years residency in the UK before applying for citizenship, you may be caught out by the earned citizenship requirements. I'm afraid, though, you'll just have to wait and see how the chips fall at that time.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: New Nationality Law: Gentle Reminder
« Reply #14 on: August 01, 2009, 12:00:18 PM »
I thought as long as you had Indefinite Leave (either ILR or ILE) by July 2011 you were not subject to the earned citizenship stuff?


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