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Rules for British Citizenship

The Borders Citizenship and Immigration Act 2009 was given Royal Assent at the end of July. This is introducing some new rules that need to be followed to obtain British Citizenship, some of which are quite controversial.

At the heart of the new rules for naturalisation is the concept of citizenship, earned though a route which has three distinct stages:

1. Temporary residence;
2. Probationary citizenship; and
3. Full British citizenship.

Temporary residence

This is available to migrants under Tier 1 (highly skilled migrants) and Tier 2 (skilled migrants) of the points based immigration system. It is also available to dependents of Tier 1 and 2 migrants, family members of British citizens and some refugees and their dependents.

After 5 years temporary residence a migrant may apply for probationary citizenship.

Probationary Citizenship

Entry into probationary citizenship will be subject to applicants being:

• of 'good character';
• showing a good command of the English language;
• demonstrating that they intend to make the UK their home; and
• passing a Life in the UK test, which will be an expanded version of the existing test.

The government has also proposed that entry into probationary citizenship will be through a point's test in which points are scored for a variety of attributes broadly similar to those used in the immigration system. Points will be deducted for criminal or anti-social behaviour.

Full British Citizenship

Migrants may apply for citizenship after 8 years in this country (5 years if the application is based on marriage or civil partnership). This will be reduced to 6 years (3 years in the case of marriage or civil partnership) if the migrant satisfies the Activity Condition (see below) during probationary citizenship.

The Activity Condition

The Activity Condition is the subject of consultation which runs until 26 October 2009 so details of the conditions won't be published until early 2010. However, we know the government is thinking of civic activism as activities such as being a school governor, trade union activist or political canvasser, alternatively, unpaid work for organisations which benefit others or the environment.

It is suggested this work be accredited, monitored and verified by Local Authorities who may also be given new duties to provide simple advice services and to stage orientation days for migrants.

Find out more

James Humphery, is a Senior Solicitor in the Employment Team and an expert in the field of Immigration, he has previously written a helpful article explaining the key requirements for employers under the immigration rules. To read the article produced by James, please click here.

James has also written some very helpful and detailed briefing papers covering the subject of immigration and, the latest rules regarding obtaining British Citizenship.

For further information about these papers, please contact James.

Would you like an Immigration Audit undertaken?

James has developed a very useful 'Immigration Audit' that enables him to assess with an employer whether there are any potential immigration issues from an employer's perspective. Looking at all elements of Immigration Law this is a really useful service for businesses of all sizes and includes:

• A review of current practices for compliance with new immigration rules
• Guidance on whether you need to apply to be licensed as a sponsor
• A check to see whether you can meet UKBA sponsorship requirements
• A summary report and booklet giving guidance on all applying for sponsorship and on your duties as a sponsor.

To find out more please email James or complete the short form by clicking here and James will get back to you.

We can help with:

• Immigration Audit
• Advice and assistance in dealing with immigration issues
• Explaining the new immigration rules and how they affect you
• Providing practical guidance and advice on all matters related to employing migrant workers