Immigration Law

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Topic: Immigration Law
Paper Type: Essay
Word Count: 2200 words
Pages: 9 pages
Referencing Style: Harvard Style
Education Level: Graduate
Description:
Immigration Law
[Writer’s Name]
[Institute’s Name]
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Introduction
The New Citizenship provisions mentioned in the Immigration and Citizenship Act,
which was implemented in July 2011, makes harder for public to settle in UK. The British
Government has changed the path to British Nationality in a new structure of ‘Earned
Citizenship’. In the past, migrants were granted permanent resident or British passport according
to the time they have spent in UK. The previous policies were changed when UK Border Agency
imposed a new radical concept of earned citizenship for sixty years.
The new concept consists of three stages for migrant’s citizenship to get British
nationality. First time the stage of ‘Probationary citizenship’ was introduced. The Government
said the new procedures will ensure that benefits and rights of British residents will match the
contributions and responsibilities made by the society. According to British Government, the
people willing to permanently settle in UK will have to pay taxes, obey the laws and learn the
local language. The Government stated that it will support foreigners who abide by the rules and
will take step to punish those people who do not adhere with law. Those migrants which shows
good attitude towards ‘active citizenship’ can get British nationality within less time as
comparative to others. According to Border minister Woolas every migrant will become British
citizens as they demonstrate their full commitment to the country. The migrants will have to
work in order to provide a useful contribution to the local community.
Previously, migrants were allowed to live for indefinite period of time and then applying
for citizenship to UK border Agency after specific period of time and meeting certain criteria.
Under the regulations of earned citizenship, migrants will have to pass from 3 stages to grant a
permanent stay or British Nationality. The new measures incorporated in the route to citizenship 
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includes introduction of new naturalisation process, probationary citizenship, extension of
citizenship process from five to eight years and restricting Citizenship rights for labour category.
British Nationality Laws Mentioned
The sections 39 till 41 of Borders, Citizenship and Immigration Act deals with the
naturalisation process to demonstrate the earned citizenship proposal. The section 39 includes the
changes that would affect the applicants followed from protection routes to permanent residence
(Great Britain, 2009). The language knowledge, character and life in UK will remain same as
previous provisions but the residential requirement was changed. The applicant will have to be
present for more than 90 days in each year during the qualifying period and must contains a
qualifying status throughout the qualifying period. The applicant must have probationary
citizenship leave, qualified the CTA entitlement and EEA entitlement at the date of naturalisation
process (Melanie, 2011). The applicant must have taken probationary citizenship leave from the
employment. It should also be in continuous employment and should not have breach any of the
immigration laws during the qualifying period.
Apart from the criteria to stay in UK at beginning of qualifying period, the state secretary
would have the freedom to forfeit the requirements in any particular situation. The provision
providing alternative for the persons in Crown Service was also amended. According to amended
provisions, the state secretary would have the authority to waive the provisions set out in section
1 (2) for special crown service cases (Sarah, 2011).
The section 40, lay outs amendments to the naturalisation provisions that applies to civil
partners and spouses of British citizens. The changes incorporated in the 2009 Act eliminate the
reference to civil partners and spouses and instead declare that a person belonging to a relevant 
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family association is eligible to naturalise as a British citizen under section 6(2). The description
of relevant family association was provided by regulations. The government pointed that the
provisions probably includes unmarried, spouses or similar sex partners of permanent residents
or British citizens (UKBA, 2009).
The Three Stages Of Road To Citizenship Include:
Temporary Residence:
All migrants coming to UK will have to pass this stage. The criterion at this stage
includes spending specific time, obeying the laws, passing English Language test and meeting
other statutory requirements. Any migrant coming from the route of work permit will have to
employed and paying taxes. The migrants from family route will have to show their relationship
with UK citizen and the migrants from Protection route will have to perform their duty of
international protection (Routh, 2010