New Nationality Law: Gentle Reminder

Yay, I'm caught up in the land of the screwed! 

Yay, I'm caught up in the land of the screwed! 

It may be cold comfort, but at least under the proposed earned citizenship provisions you'll get extra brownie points for living in Scotland.

It may be cold comfort, but at least under the proposed earned citizenship provisions you'll get extra brownie points for living in Scotland.

I know, if that actually goes through, it makes me slightly happier 

Hi Stoatula -  You said:

Huh. I got my FLR earlier this month. I'm either going to be the last person on the old scheme or the first person on the new scheme.

Isn't that special?

If you're on the spousal visa for FLR I think we're in the exact same boat. Maybe you know this already but -- at least according to my understanding of the old rules -- you can apply for ILR at *two years minus 28 days* from the day you entered the country on FLR.

I just got FLR as hub to UK citizen and entered the country last week to rejoin my wife and daughter. So I believe this means I can apply for ILR in late June 2011, i.e. just before the changes may take effect. So even though it's almost two years away I'm just working now to get all the ducks in a row with documents, funds, and even the Life in the UK test so I can hopefully squeak the application in under the deadline for ILR before it is phased out.

Forgive me if you're aware of this already, or if you're on a different visa track, or if I'm just plain wrong about how the rules will work in 2011, but it struck me that we might be in the same situation.

Hi Stoatula -  You said:

If you're on the spousal visa for FLR I think we're in the exact same boat. Maybe you know this already but -- at least according to my understanding of the old rules -- you can apply for ILR at *two years minus 28 days* from the day you entered the country on FLR.

I just got FLR as hub to UK citizen and entered the country last week to rejoin my wife and daughter. So I believe this means I can apply for ILR in late June 2011, i.e. just before the changes may take effect. So even though it's almost two years away I'm just working now to get all the ducks in a row with documents, funds, and even the Life in the UK test so I can hopefully squeak the application in under the deadline for ILR before it is phased out.

Forgive me if you're aware of this already, or if you're on a different visa track, or if I'm just plain wrong about how the rules will work in 2011, but it struck me that we might be in the same situation.

The only potential problem with your reasoning, is that while people can apply 28 days before the end of their 2-year period, there is no guarantee that their applications will be considered under the rules as they stand when the application was made, since at the time of the application they wouldn't technically be eligible for the status they are applying for.  So, if you apply for ILR at the end of June 2011 but your limited leave doesn't end until July 2011, they may well decide to consider you under the new rules since they will commence in July and July is when you will be eligible.  I'm not saying they will do this, but they might, and that may be what Stoatula was referring to.     

Nice call!   

Thanks historyenne -- I'm very new at this as you can see. I'm not sure that it's the case that you need to wait until the expiration date of your LLR to move to ILR. My LLR was issued on 23 July 2009 and I entered 26 July 2009, but the visa expires 23 October 2011.

I'm under the impression that under the old laws I'd have been (and might hopefully still be) able to apply for ILR on 28 June 2011 -- i.e. 26 July 2011 minus 28 days, and that under the old laws I would not have to wait until October 2011 to get on ILR.

I think your larger point that we just dunno how the rules will be elaborated is the most important one.

Let me add that UKY has been invaluable throughout this whole process.

quick question that i think i know the answer to already...

if you work for a year on tier 1 and then switch to a spousal visa, can you count the year on tier 1 towards ILR (i.e. apply for ILR one year after the spousal visa instead of two)?  my guess is no, which means i'm another one who will be screwed by the new laws   

which means i'm another one who will be screwed by the new laws   

Bzzzzzzzzzzzttt!  Wrong. 

You are being screwed by an old law. 

Thanks historyenne -- I'm very new at this as you can see. I'm not sure that it's the case that you need to wait until the expiration date of your LLR to move to ILR. My LLR was issued on 23 July 2009 and I entered 26 July 2009, but the visa expires 23 October 2011.

For various reasons, the spousal visa is valid for 27 months, however the qualifying period is 24 months, and you are not eligible for ILR until those 24 months are up. 

I'm under the impression that under the old laws I'd have been (and might hopefully still be) able to apply for ILR on 28 June 2011 -- i.e. 26 July 2011 minus 28 days, and that under the old laws I would not have to wait until October 2011 to get on ILR.

You can apply, but since you aren't actually eligible for ILR until 26 July 2011, they might say that you don't make the cutoff and refuse to give it to you.  Might.  We don't really know how people in your situation will be dealt with.  I'm just pointing out that there are technicalities involved that make things extremely murky. 

I actually suspect that allowing people to apply for ILR 28 days before the end of their qualifying period is due to the fact that until very recently spousal visas were issued for only the length of the qualifying period, ie 24 months.  So people needed to be able to apply early since if they had to wait until their qualifying period was actually over, they would become overstayers before they technically were eligible for ILR.     

Thanks again historyenne. I see now your point about the difference between the ILR eligibility timeframe and ILR application timeframe. Very important clarification for people like me who are right on the deadline.

Sounds like I could very well be doing some volunteer work in the future. . . .

Bzzzzzzzzzzzttt!  Wrong. 

You are being screwed by an old law. 

ahh, good point!

Okay, nobody tell the vicar I'm volunteering to man the bookstall at the church fête for any reason other than pure Christian charity.

Also, it would be helpful if she didn't know I was an atheist, either. Thanks.

one thing to keep in mind though, is how long it takes to get ilr, which is often 6 months+. if you are eligible for ilr in july 2011, and you apply june 2011, you may not get your ilr til december 2011, or even into 2012. so on your visa, it will say valid from december 2011. they could use the day you got your ilr, or probationary citizenship as the cut off and not when you applied.

What also do you guys think about absence from the country, with probationary citizenship? Under the ILR, you would be allowed to be out of the country for no more than 2yrs, but how about probationary citizenship? Will it be the same, or will you be able to stay away for as long as you'd like once you got the probationary citizenship?