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Thread: clause 39 of Borders, Citizenship & Immigration Bill

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    Moderator joebloggs's Avatar
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    clause 39 of Borders, Citizenship & Immigration Bill

    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/


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    Respected Member katie37pinayuk's Avatar
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    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


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    Moderator joebloggs's Avatar
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    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.


  4. #4
    Respected Member Jay&Zobel's Avatar
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    I'm sorry I don't understand this one. Can you please elaborate.

    My status:
    ILR - granted Mar2009

    Thanks!


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    Moderator joebloggs's Avatar
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    Quote Originally Posted by joebloggs View Post
    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

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


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    Moderator joebloggs's Avatar
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    clause 39 has been removed from the bill

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


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    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?


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    Quote Originally Posted by Jonnywina View Post
    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.


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    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.


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    Moderator joebloggs's Avatar
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    listen to them debating it if you are having trouble sleeping

    http://www.parliamentlive.tv/Main/Pl...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.


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    Quote Originally Posted by joebloggs View Post
    listen to them debating it if you are having trouble sleeping

    http://www.parliamentlive.tv/Main/Pl...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.


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    When will the Bill be passed

    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?


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    Quote Originally Posted by frednbyang View Post
    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.


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