The Border, Citizenship and Immigration Act 2009: what now?
May 31, 2010
The Border, Citizenship and Immigration Act 2009 was devised by the previous government to amend the 1981 British Nationality Act with a clear intention to make it harder for migrants to qualify for British nationality by increasing the length of time spent in the UK, reducing the allowed days of absences and adding new requirements. In a nutshell, the Act sees the qualifying period increasing to 8 years under section 6(1) and for those applying on the basis of their marriage/civil partnership (and relevant relationship) to 5 years. It also introduces a new category of leave known as "probationary citizenship" whose length may be increased by civil or criminal offences and reduced by voluntary community services.
However, the Act was accompanied by an undertaking not to implement the new legislation until July 2011 and for those applicants who are already in the UK with Indefinite Leave to Remain to have transitional arrangements in place until July 2013.
The new Government has so far not issued any clear guidance in connection with the future of UK immigration and the 2009 Act except the intention to place a cap on "economic migrants". Thus, it is open to debate whether the Act will be scrapped or indeed amended to make it even more difficult to qualify in the interim months.
Meanwhile some part of the Act 2009 have entered into force such as the provisions relating to applicants born overseas to British mothers before 1983 who will now be able to register as British irrespective of when they were born (previously only those born after 1961 could register). Section 3(2) has also been amended so that children of British citizen by descent can apply for registration before their 18th birthdays (previously the deadline was 12 months by right and 6 years by discretion). Finally, a child born in the UK to a parent who is serving in the British armed forces will be able to register as British.
If you have an enquiry relating to your immigration status or you ability to work in the UK, we can assist you in your application. Please contact us or book an appointment.
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