February 6. 2009 05:11

I just called the Home Office to ask them about this and to book my appointment to apply for Indefinete Leave to Remain. They said they knew nothing about this. I was told that if anything was going through parliament they would have been told.
Is this really happening and can someone please contact me to verify?

Jessie Macneil-Brown

February 9. 2009 02:44

Would anyone know if this applies to someone who is on an SA ancestral visa having entered the UK in 2005? Thanks

Emma

February 9. 2009 03:20

This is not fair. This proves as a failure of previous immigration policies of 4 years and 5 years of minimum stay in UK. But these failures are adversely affecting life planning of immigrants who came in UK following the 4 years policy. Then one year added to their minimum period. Now adding three more years will be another bomb on their planned family life.

Secondly all these temporary immigrants are already paying all taxes including National Insurance but they are not entitled for any benefit. Adding three more years will be a legal exploitation of these immigrants.

Muhammad

February 10. 2009 03:18

The Borders, Immigration and Citizenship Bill was introduced to parliament on 14/01/2009. Essentially, it states that migrants must 'earn' their citizenship of the United Kingdom, including all the benefits this bestows.

The Bill calls for migrants to spend up to 3 years as probationary citizens on completion of their temporary visa qualifying period, before being eligible for full citizenship. Only once a migrant obtains full citizenship will they be eligible for a UK passport.

As the Bill is still to be passed in its finality by parliament, 1st Contact is unable to speculate any further on its impact on individual circumstances, whether it will be applied retrospectively to persons already holding ILR, nor are we able to confirm the implementation date.

We will continue to keep abreast of any amendments and updates to the Bill, which will be reflected and posted on our website and in our eNewsletter.

1st Contact does however recommend that if you are eligible for either Indefinite Leave to Remain (ILR) or Naturalisation as a British citizen, you contact us as soon as possible to initiate the process. We suggest this to enable you to avoid the impending changes. Please call 0800 039 3076 (free call within the UK).

We look forward to assisting you further.

Stephen Atkinson

February 11. 2009 09:22

No it isn't happening. Is a ploy by 1st Contact. Don't forward this page into anyone it's just providing them with site traffic.

Superman

February 12. 2009 04:10

Are there not a court case/challenge regarding the implementation of the previous extra year being run through the courts at present.

Eugene

February 12. 2009 04:34

Hi Superman,

Thank you for the comment.

Please refer to the following link from the UK Border Agency (Home Office) website regarding the Citizenship Bill - www.ukba.homeoffice.gov.uk/.../

Stephen Atkinson

February 12. 2009 04:35

Hi Eugene,

Thank you for your comment.

At present, the HSMP Forum have won their case to submit a Judicial Review to the High Court relating to the extension criteria from 4 to 5 years for HSMP holders.

No date has been set yet for this Judicial Review.

Stephen Atkinson

February 12. 2009 04:43

Here is the bill:
ukba.homeoffice.gov.uk/.../new-bill-route-to-citizenship

Chris

February 12. 2009 04:51

Hello,

Does this also apply to ancestral visa?

Angela Conyard

February 12. 2009 04:55

11//2/2009

Hi shamila

This is a great idea to stop those who come just site seeing and
do nothing.And are only here because they know how to play the system through the law or police who are to blame for false applactions human rights costing millions in wasted time with no
result.

sheriff hush

February 12. 2009 05:11

Hi Angela,

In the consultation paper released last year, there were mumblings of whether to include or 'lump in' Ancestry visa holders with the other economic migrants.

Clarification on this is still to be forthcoming. We will post updates as they come through.

Stephen Atkinson

February 12. 2009 05:36

BEST NEWS. LABOUR BEEN TO SOFT.

WE HAVE BEEN A MUG TO LONG WE SHOULD ONLY HAVE THEM IN URGENT CASES


GOOD FOR LABOUR AT LAST.


AT LAST.... JH

johnharker

February 12. 2009 08:03

hey this is good, in ensuring foreigners learn the british culture,norms and language,but it really burdens migrants families who have been planning their life in the united kingdom and not only does it legally exploit their hard work but it also fails to ensure the benefits of the work is rewarded through adequate family benefits, especially if you have been working and paying your taxes without any crimes or fraud. this is unfair to all foreigners who contribute alot to the community unlike dole searching citizens who dont want to work but reap our hardwork through false claims and unconfirmed sick/jobseekers allowance.this is not right we can not allow hardworking people to pay for the highly unambitious,lazy and careless citizens who play the system and live through others sweat,this is wrong.this needs to be clarified,

n.

February 12. 2009 13:29

Does this also apply to student visa? how can students will get the citizenship if they want to do change their visas?

meraj

February 13. 2009 01:34

Hi Meraj,

Thank you for your comment.

Unfortunately Student visas do not lead to settlement, unless you have resided in the UK legally (with valid visas) for at least 10 continuous years. Therefore the new rules don't really have any impact on you at present.

Stephen Atkinson

February 16. 2009 06:18

Does anyone if under the new probation period whether the applicant will need to have a work permit (be sponsored) tied to an employer?
C.

C

February 16. 2009 07:42

Hi C,

Thank you for your enquiry.

On completion of your temporary residence visa (eg Work Permit, Ancestry, Tier 1, Marriage etc), one would then apply for probationary citizenship, which is not based on employer sponsorship.

I trust this has assisted.

Stephen Atkinson

February 18. 2009 05:20

Thanks Stephen

Are you able to avise as to when the new legislation will be put in place?

C.

February 18. 2009 05:57

Thanks for your help Stephen, do you have any idea of when the new legislation is likely ot come into being?

C.

February 18. 2009 08:30

Hi...

My brothers, sister and I are able to apply for our british citizenship after a year on ILR in June this year.

What are the chances of us falling into this category and (B) being implemented before June 2009.

Thanks!

Kelly

February 18. 2009 09:59

Hi C,

Unfortunately no, not at this stage. We will post further updates on our website.

Stephen Atkinson

February 18. 2009 09:59

Hi Kelly,

As the Bill is still to be passed in its finality by parliament, 1st Contact is unable to speculate any further on its impact on individual circumstances, whether it will be applied retrospectively to persons already holding ILR, nor are we able to confirm the implementation date.

We will continue to keep abreast of any amendments and updates to the Bill, which will be reflected and posted on our website and in our eNewsletter.

Stephen Atkinson

February 19. 2009 15:20

Hello Stephen

I have entered the UK January 2004 with a work permit but was stamped at the airport for 6 months. Before the end of the 6 months I had to apply for a residence visa. I'm still working for the same company whom I've entered the country with. I would like to know when do I apply for indefinite leave to remain before or after the 6 months?

Alice

February 19. 2009 17:58

Hi
I was on course to finish my 4 years in august this year and apply for ILR , because of previous cjanges i will have to wait another year now. If this bill is passed will that man that the changes would again be retrospective (which would be a killer blow)

N

February 20. 2009 02:35

Hi Alice,

This all depends on whether you actually began working for your sponsor prior to obtaining the correct visa, as it would appear you were stamped into the UK as a Visitor.

I suggest you give one of my consultants a call on 0800 039 6076 to discuss your individual circumstances.

Stephen Atkinson

February 20. 2009 06:32

Hi Stephen

I came to the UK as a holiday maker 12/2004 and later got married to an EEA national in 2006.Can you tell me what's gonna happen to my Immigration status should my husband decide to depart.

regards,
san

San

February 23. 2009 03:19

www.ukba.homeoffice.gov.uk/.../migrantworkerstoughertest

It gets better... 1st Contact, I realise it is early stages but any idea how this would effect people having to renew their Tier 1?

Matt

Matt

March 2. 2009 15:09

Hi Stephen
I am currently eligible to apply for indefinite leave to remain only in dec 2010, when will we know when the new laws regarding indefinite leave to remain will come into effect? I am also confused re- 3 years probationary citizenship, is it the case that this will be standard or is the possibility of a person after a year being eligible to getting citizenship a option if a person does community service.

d

March 6. 2009 08:19

Hi Stephen

Came into UK under HSMP in 20thSep 2004,What will be the earliest date to apply for ILR?

Many thanks
Abbas

abbas

March 7. 2009 06:03

do we think that 2009 immigration bill would be approved by parliament and be implimented before June 2009 ( when I am due for ILR) ???

ash

March 9. 2009 03:23

Hi Abbas,

Thank you for your comment.

The earliest you can apply is when you are within 28 days of meeting the 5 year residency requirement - ie around 22nd August 2009.

We look forward to assisting you around this date, should the requirements not change in the interim.

Stephen Atkinson

March 9. 2009 04:17

Hi Ash,

Thank you for your comment.

Unfortunately, it is impossible for us to tell at this early stage when the actual implementation date will be. Please keep an eye on our website for further updates.

Stephen Atkinson

March 9. 2009 07:39

GO to uk border agence website it will tell you When the implementation day. It is decmber 2010.you can find out more about it.

dave

March 9. 2009 07:59

Hi evry one you can find information about the new law for citizinship. go to UK border Agence website and you will find the implementation day. i have read that it will be Decmeber 2010. go to the website and cilk the bill ans law then you will find 3 to 4 topic chose the probation citizinship and it will down lod the page and you can find the information. If you have some information please let us know.
Thank you.

dave

March 9. 2009 11:05

Question regarding the new migrant tests for Tier 1:

www.ukba.homeoffice.gov.uk/.../migrantworkerstoughertest

Is this new points system coming into effect on the 1st of April this year (as the above seems to indicate) and if so, what is the new points system. I am currently on an HSMP visa which I have to renew by mid-May. I find it difficult to believe that even the Home Office plans to change the points system in 3 weeks and yet doesn't yet know what the changes will be. Can anyone shed more light on this?

Anchi

March 9. 2009 11:22

Hi Anchi,

Thank you for your enquiry regarding the impending changes to the Tier 1 visa scheme.

As yet, no official implementation date or policy guidelines have been set down by the UK Border Agency (Home Office) relating to the amended Tier 1 visas.

We will continue to keep abreast of any developments and post such on our website.

Sorry we could not be of more assistance at this point.

Stephen Atkinson

March 10. 2009 10:34

Hi, I entered the UK with an ancestral visa in May 2004, and applied for my extension last year, which would mean that come May this year (2009) I would have been here for 5 years.
Obviously this is just on the wrong side of 1st April 2009, when they say this new Bill will come into affect.
Should I apply now for my ILR in May - or is this all only going to become law in 2010, as someone in a previous thread suggested?

So many people saying so many different things, that its become very confusing! Don't know who to believe anymore.

Im worried that this has become a bit of a scare-mongering exercise and panic has set in amongst those of us wanting to get citizenship without having to wait ANOTHER 3 years.

Jacquie

March 10. 2009 11:00

Hi Jacquie,

Thank you for your comment.

It is highly unlikely that the Citizenship Bill will be implemented in April. The actual date is still yet to be confirmed by the UK Border Agency (Home Office).

We will continue to update our news blog as and when information comes to light.

Stephen Atkinson

March 10. 2009 11:27

Thanks Stephen, that really puts my mind at rest a bit more. I will keep on dipping back into the blog for updates.

Jacquie

March 10. 2009 14:25

Hi Steohen thank you for your updating us. i just want to ask you one things. Please find out that in uk border agency home page. it says that implementiation day will be december 2010.
go to Uk Border agency home page and clik polic and law then you will see the new page and then clik agin the new page clik border citizin and immigration bill when you clik that you will see index and clik supporting docments impact assessment of earn citizinship proposals. And than you will find the down lod page that says the implementiation day.
i am a bit confused what to blive i will be appreciate if you find out for us thank you.

dave

March 11. 2009 01:19

Hi Dave,

Thank you for your posts.

The Impact Assessment is purely as what it states - an impact assessment.

We industry professionals never consider as confirmed any details stated in impact assessments or statement of intent documents. Until the law is implemented and published in the public domain, no firm implementation date can be confirmed.

Stephen Atkinson

March 14. 2009 09:17

Hi,

Does anyone know how the new Bill will impact people currently on work permits? They seem to mention "new comers" a lot - does this mean it will only apply to people who go on work permits/highly skilled visas once the bill has been implemented?

Also, if you are on a work permit, will you have to extend your work permit for the "probationary citizenship" or would that be a new stamp/visa?

Thanks

C

March 14. 2009 09:25

I am due to get ILR based on 10 yr long residence in March 2010. If the new citizenship bill is implemented, will I still be able to apply on that basis or are they planning to scrap it?

satman

March 16. 2009 00:38

So if someone is a good citizen - working, taking part in UK culture (i.e. involvment in CoE - church warden etc), has a child with an EU citizen working in the UK too - surely they will allow that type to get their citizenship after the 5 years. Surely its the ones that are benefit junkies that will be questioned and given another 3 years to display change? I got my Residence card late and the expiry date on it is 2013, but I shouldve been eligible to register 28 days before 16th Jan 2012 (entered on EEA Family Permit 16/1/2007). Is there ever any exceptional circumstances that a person can apply for citizenship earlier???

S.G

March 16. 2009 06:21

The Borders, Immigration and Citizenship Bill was introduced to parliament on 14/01/2009. Essentially, it states that migrants must 'earn' their citizenship of the United Kingdom, including all the benefits this bestows.

The Bill calls for migrants to spend up to 3 years as probationary citizens on completion of their temporary visa qualifying period, before being eligible for full citizenship. Only once a migrant obtains full citizenship will they be eligible for a UK passport. The 3 year period can be reduced based on certain factors yet to be confirmed.

As the Bill is still to be passed in its finality by parliament, 1st Contact is unable to speculate any further on its impact on individual circumstances, whether it will be applied retrospectively to persons already holding ILR, nor are we able to confirm the implementation date.

We will continue to keep abreast of any amendments and updates to the Bill, which will be reflected and posted on our website and in our eNewsletter.

1st Contact does however recommend that if you are eligible for either Indefinite Leave to Remain (ILR) or Naturalisation as a British citizen, you contact us as soon as possible to initiate the process. We suggest this to enable you to avoid the impending changes. Please call 0800 039 3076 (free call within the UK) or email to visas@1stcontact.com

Stephen Atkinson

March 22. 2009 07:59

I am due to get ILR in March 2010 based on 10 yr residence. If the law is implemented before that, are they going to scrap the 10 yr rule?

Sarada

March 23. 2009 07:38

Hi.

I have been told that there might be changes to the law that only children, born before 1961, of a British born man are able to get a British passport. I hear that children of a British born woman might soon also be intitle. Any news on this.

Many thanks

Carolyn

March 24. 2009 06:40

Hi Stephan

My position is that I applied for the extra year extension on my ancestral visa in December 08 and havent heard anything back yet and its been more than the 14 weeks that they stipulate. I fear that the agent I used (Value Visas) has not got my best interests at heart as I email him frequently and he just replies saying that he hasnt heard anything.

I should have approached 1st Contact from the start!!! Any advice would be appreciated.

Pat

Patricia Mitchell

March 27. 2009 12:25

Hi Stephan,


Just one question, is someone is on a work permit which is employer sponsorship based. For the new probationary will we need to take permission from home office if we need to change our employer.

Please assist me at this ..

Thanks,

NP

NP

March 30. 2009 01:41

Hi NP,

Thank you for your enquiry.

I do not believe that employment restrictions will still be in place once a migrant holds probationary citizenship, however cannot confirm this until the policy has been released by the UK Border Agency.

Stephen Atkinson

March 30. 2009 03:37

Hi Stephan,

I was wondering if you had seen the recent house of lords vote which seems to overturn the issue of whether the new proposed rules would be applied retrospectivly. This being a big issue I'm guessing for a lot of people like me alreay in the system and wondering if they will have to apply for ILR/Citerzenship uner the current rules or the proposed new ones..

Does this put the issue of retrospectivly to rest?

Miles

Miles

March 30. 2009 04:18

Hi Miles,

Thank you for your comment.

Until the Law & Policy is published in it's entirety, we are unfortunately not able to speculate or comment on how the Lords perceive the Citizenship Bill.

Once further clear guidance has been published, we will update our website and newsroom accordingly.

Stephen Atkinson

April 11. 2009 07:47

hi

i'm prob totally off the mark now, we will qualify for residency jul 2010 (old rules) my husband(work permit holder) has just been made redundant 2nd time in yr, although his occ is on shortage skills list, i doubt he will get a job in time due to current economic climate, and we'll have to go back to sa, problem is we have a new mortgage and considerable credit card debt, we do not want to leave without paying the debt (which we can't without a job)i'm studying and up for promotion at work, so really sad about this, but my biggest problem is what to do with all this debt)
any idea who we can contact for advice

e

April 14. 2009 01:17

Hi Eloise,

Thank you for your enquiry and I am sorry to hear about your current circumstances.

Unfortunately this is not something we can assist with, as we are a visa and immigration specialist firm. I suggest that you contact the Citizens Advice Bureau for further information - http://www.citizensadvice.org.uk/

I hope this has assisted.

Stephen Atkinson

April 14. 2009 11:41

Hi,

I am currently on a stucent visa. My last exam is in July and the results are released in September. If all goes well I will have my honours. My visa however expires at the end of May and I am confused as to what i should be doing. Do i apply to extend my student visa and then oncce the results comes through in September do I apply for the two year graduate scheme (not sure what it is called)? I am sending my application by post so who knows how long it will take to get my passport back and what happens if by then I have already received my honours and am ready to apply for the graduate scheme?

candice

April 29. 2009 04:14

Good day,

My husband and I are now eligible to apply for our IDR. If we apply for it now, before the 'deadline' comes into effect would we still need to do the extra 3 years or will it not make a difference whether we apply now or next year?

I look forward to your urgent response.

Regards,

Angela

Angela Markides

April 29. 2009 05:24

Hi Angela,

Thank you for your enquiry.

The Borders, Immigration and Citizenship Bill was introduced to parliament on 14/01/2009. Essentially, it states that migrants must 'earn' their citizenship of the United Kingdom, including all the benefits this bestows.

The Bill calls for migrants to spend up to 3 years as probationary citizens on completion of their temporary visa qualifying period, before being eligible for full citizenship. Only once a migrant obtains full citizenship will they be eligible for a UK passport.

As the Bill is still to be passed in its finality by parliament, 1st Contact is unable to speculate any further on its impact on individual circumstances, whether it will be applied retrospectively to persons already holding ILR, nor are we able to confirm the implementation date.

We will continue to keep abreast of any amendments and updates to the Bill, which will be reflected and posted on our website and in our eNewsletter.

1st Contact does however recommend that if you are eligible for either Indefinite Leave to Remain (ILR) or Naturalisation as a British citizen, you contact us as soon as possible to initiate the process. We suggest this to enable you to avoid the impending changes. Please call 0800 039 3076 (free call within the UK) or email to visas@1stcontact.com.

We look forward to assisting you further.

1st Contact Visas

May 7. 2009 09:02

Hi there,

I wonder if you can assist me - my wife, son and I are in the UK on Ancestry Visa's which are soon to expire and will need to be extended - however the problem we are experiencing is as follows:

Mine and my son’s Ancestry Visa’s are valid until: 15/07/09, while my wife’s visa is valid until: 15/06/09 which is 1 month shorter than my son’s and my mine which I have been told is an error as I have been told that all dependents visa’s should be inline with mine as I am the primary applicant.

My wife has an important family function to attend abroad on the 6th June 2009 and I am afraid that when she returns to the country on the 8th June she may experience problems entering as her visa will expire in 7 days of arrival.

Could you advise if we should apply for our extension now - based on my wife's expiry date of 15/06/09 or should we extend them inline with myself (who is the primary applicant) - and do you think it will be wise for my wife to leave the country and re-enter it with so little time on her visa?

I would greatly appreciate your advise.

Thank you very much.

Kind Regards,
James

James

May 18. 2009 06:15

Hi James

We got our ancesteral visas renew this year,but please be aware they had our visas for almost 10 weeks,and I dont think you will get a answer any sooner when you submit it for extention.Also ask for a extention for another 5 years instead of the one year as the government can shift the goal post at any time so by doing that you are at least covered for another 5 years.

Good luck

Cheers

Leon

Leon

June 25. 2009 11:58

Hi there,

I wonder if some one can help me to understand this Justise in a free / fair country, well, at least what they called.

I am working in the UK as a WP holder for over 4 years now so why i can't apply for ILR after 4 years of WP which are already over and HSMP holders can do so, after the Judicial Review by court filed/won by HSMP Forum.

The base of Judicial Review was breach of commitment/law by UKBA and that is same in case of HSMP and/or WP visa holders if you see the commitment/notes of UKBA for both catagories of that time.

So how UKBA after loosing in court can refuse now to accept the same logic for WP holders?

Also i will appreciate if someone could please advise how can i file my individual case to court on this matter?

Thanks,

Z

July 5. 2009 15:56

hi,
i have applied for ILR on 10 years legal residency in UK. its been more than 14 weeks and i called HO, they said its under consideration. any reason why its taking so long? now they are charging hefty amount to process application quicker but still no good. i am Ph.D. sitting at home, no job as i need to provide proof that i can work in UK legally. so depressed. is more than 14 weeks alarming? please note i lost my previous passports but have provided them photo copies.
any advise pls
thanks
Kicho

kicho

October 15. 2009 05:31

Hi Stephen
I got my hsmp on 30 aug 2007(2 years) and extended it through tier1 which ends on 12th september 2012(3 years).So in total ill be covering 5 years.By sept 2012 will i be going for ILR or the probationary citizenship.

bejoy

bejoy

October 15. 2009 06:27

Hi Bejoy,

Thank you for your enquiry.

By September 2012, the new Borders, Immigration and Citizenship Bill will have come in to force, meaning you will be applying for probationary citizenship at that time.

1st Contact Visas

October 21. 2009 15:20

Hi Stephen,

I have got my HSMP(2years) visa from 01/04/2008 to 31/03/2010.
I worked from Apr08-Oct08 and jan09-jun09, And now, I am looking for new job. If I want to renew my hsmp visa, Can I renew it nowitself as I would get enough points for renewal? If I can what would be the visa validity from? also I have not received one Payslip from my previous employer, would that be a problem if I have not included?
I am worried if my visa can be renewed or not!
Please advice me on this!

Anil

October 22. 2009 01:32

Hi Anil,

Thank you for your enquiry regarding the HSMP extension.

The Home Office announced significant changes to the HSMP scheme on the 6th February 2008 and these were implemented from the 29th February 2008. As a result of these changes, the HSMP extension application will now fall under the new Tier 1 (General) Migrant scheme.

The new provision works on a Points Based System (PBS) - You must score a minimum of 75 points in the 4 criteria in order to qualify. In addition to the minimum points requirement, you also need to satisfy two other requirements known as self-maintenance and proof of English proficiency.

To satisfy the maintenance requirement, you are required to provide 3 months recent bank statements showing a consistent balance of at least £800 and it may not have decreased below this amount over the 3 month period.

The earliest at which we should apply to extend your HSMP visa is when you are within 5 weeks of expiry, however this is not a strict requirement.

1st Contact Visas

December 3. 2009 15:48

Hi Stephen

Converted my Visa under HSMP on 09/02/2006. What will be the earliest date to apply for ILR?.I come under HSMP 4 year rule.My visa expires on 09/02/2011.
Thank you very much for your help

With regards,
Srinivas

Srinivas