clause 39 of Borders, Citizenship & Immigration Bill

[joebloggs]

for those who have limited leave, and if this effects you, you should consider writing to your MP and ask them to keep clause 39 of the Borders, Citizenship and Immigration bill.

clause 39 was inserted into the bill by the house of lords, the clause seeks to introduce a sense of fair play by avoiding retrospective application of part 2 of the bill

it is expected the gov will remove it, by amendment during the bills passage thru the house of commons.


Clause 39, Part (a), provides that a person who submits an application for Indefinite
Leave to Remain (ILR) in the 12 months after the commencement of Part 2 of the Bill,
can have their application decided under the immigration rules that were in force prior to
the commencement of Part 2 (i.e. the current rules). This ensures that migrants already in
the Immigration system – who are within 12 months of applying for their ILR - will not
be caught out by the changes to the Immigration rules when Part 2 comes into force.

Part (b) of the clause protects migrants who have actually lodged an application for
Indefinite Leave to Remain (ILR) or British citizenship prior to the commencement of
Part 2 will not be affected by the changes


contact your MP by

http://www.writetothem.com/

or

http://www.upmystreet.com/commons/l/

[katie37pinayuk]

thanks for the info. i let my other colleague and friends know and we must write to our local MP.

i panicked and looked at BIA website. may I ask what is in Part 2 of the bill?
apologies if i did not quite understand.

thanks

[joebloggs]

i think Part 1 relates to creating a unified border police service.

Part 2 relates to probationary citizenship, full citizenship and permanent residence (replacement for ILR)

http://www.hsmpforumltd.com/letter_to_your_MP.doc

letter to send to your MP, to ask them to keep clause 39 in, from the guys at the HSMP forum.

[Jay&Zobel]

I'm sorry I don't understand this one. Can you please elaborate.

My status:
ILR - granted Mar2009

Thanks!

[joebloggs]

Clause 39, Part (a), provides that a person who submits an application for Indefinite
Leave to Remain (ILR) in the 12 months after the commencement of Part 2 of the Bill,
can have their application decided under the immigration rules that were in force prior to
the commencement of Part 2 (i.e. the current rules). This ensures that migrants already in
the Immigration system – who are within 12 months of applying for their ILR - will not
be caught out by the changes to the Immigration rules when Part 2 comes into force.

Part (b) of the clause protects migrants who have actually lodged an application for
Indefinite Leave to Remain (ILR) or British citizenship prior to the commencement of
Part 2 will not be affected by the changes



i shortened it instead :D

in other words clause 39 means you might be able to apply for ILR using the old rules, and not the new ones.

[joebloggs]

clause 39 has been removed from the bill :NoNo:

so it looks like the new bill will effect those who will be applying for ILR from next year onwards :doh

[Jonnywina]

how will this affect me? I'm confused by all of this. We have applied for spouse visa and what problems could this cause in the future?

[darren-b]

how will this affect me? I'm confused by all of this. We have applied for spouse visa and what problems could this cause in the future?

No problems as such, just means more things to do (and probably more money to spend) for people who don't already have ILR when the new rules come in.

[Jonnywina]

I was reading the docs on the home office site. There will be three ways to obtain ILR status and in a way it protects the gov from people abusing the system. I'm a believer in having a reduced benefit system and earning your income. This might cause us problems but hopefully will solve some problems.

[joebloggs]

listen to them debating it if you are having trouble sleeping :D

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=4272

so i think the 'winners' are Spouses who arrived on or before 31 December 2008, regardless if they had LLR or ILE.

and

Spouse who arrive on or before 31 December 2009 with ILE.

[darren-b]

listen to them debating it if you are having trouble sleeping :D

http://www.parliamentlive.tv/Main/Player.aspx?meetingId=4272

so i think the 'winners' are Spouses who arrived on or before 31 December 2008, regardless if they had LLR or ILE.

and

Spouse who arrive on or before 31 December 2009 with ILE.

That also covers anyone who arrived on a fiancee visa and got married and obtained FLR prior to the 31 December 2008.

Though the 31 December 2008 date seems like it might not be totally accurate to me. Depends on the actual date the new rules will take effect and the fact that you are allowed to apply 28 days early.

[frednbyang]

If this bill does not become law before parliament rises for the summer I think Byang can apply for citizenship under the existing system (has ILR and has been here 3 years).

Will the new bill come into force immediately it is passed or at some future date?

[darren-b]

If this bill does not become law before parliament rises for the summer I think Byang can apply for citizenship under the existing system (has ILR and has been here 3 years).

Will the new bill come into force immediately it is passed or at some future date?

It will come into force at some later date. It wouldn't matter to you even if it did come into force immediately as it should only affect people who apply for ILR (or it's equivalent) after the new rules come into force.