I and my partner have an indefinite leave to remain granted 15 January 2009. I am completing my 1 year period and want to apply for citizenship on 15 January 2010. Will I be effected by the new changes in immigration law (ie. probationary citizenship etc.) or I will be able to apply under the current rules? Please help. Thanks. Bekir
Province/Country relating to question : UK
I believe that the new rules on citizenship come into effect from July 2010. I would suggest that you submit your nationality application as soon as you have 12mths under ILR in January 2010. Currently, turnaround at UKBA has been remarkably quick for straightforward cases (5-6wks).
Thank you for the reply. The border agency website states the changes become law on 13 January 2010. But I am not sure whether it is effecting the applicants who have already obtained ILR.
There are a number of changes being made to the citizenship rules. The legislation is in force but the changes outlined therein will be phased in.
The new registration route to citizenship is to commence in January 2010. This would not affect your situation. Most commonly, it is children under 18 yrs that have to be registered as British nationals.
You would need to make a naturalisation application on the spouse route (3yrs residence requirment as spouse with 12mths ILR as spouse). I have made further enquiries and believe that the changes to naturalisation are not planned to come into effect until summer 2011. This is an extended date than July 2010.
This is good news for your case. Once you have 12mths ILR in January 2010, make your naturalisation application on Form AN1. If your case is deemed straightforward by UKBA then it could be turned around much quicker than the 6mth processing time that is usually highlighted in guidelines.
Hope that clarifies your question. Kind regards
Thank you for your reply. It is good news that the changes will not be applicable to my situation. However you presumed that I have a spouse Visa. In fact I held a work permit for 5 years and obtained ILR January 2009. Can you please advice that you still think I should apply under current legistlation. Looking forward to your reply. Also I turned on message alert when I received a reply however do not receive any hence the delay on replying. Hopefully now we got to the bottom of it. Many thanks.
My advice remains unchanged. The changes being brought in for Jan 2010 are for the registration route. Your application on non-spouse route comes under the naturalisation rules. For that reason, I believe that you can still apply under the current rules for naturalisation.
Hope that clarifies the situation. Kind regards
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