The Borders, Citizenship and Immigration Act - Report Example

Immigration Law January 15th 2009 saw the realization of The Borders, Citizenship and Immigration Act 2009 by the U.K government. Its main aim was to introduce radical approaches to citizenship in Britain that required any migrant to obey the law and speak English so as to attain citizenship and remain in Britain on a permanent basis. Also this would speed up the way to citizenship possession for persons deemed to be contributing to the community as active citizens. It was unveiled as a section of the simplification programme by the British government to strengthen the United Kingdom’s boarders and ease the immigration procedure.1 Once it was granted the Royal Assent, it paved way for changes in the border controls, immigration management and citizenship acquiring. Once the border controls are strengthened after actualization of the Act, a new and better unified force will be created in fulfillment of its objective. It should comprise of several thousands of immigration and customs officers who share a wide range of power to quiz customs and immigration passengers’ matters. All passengers undergo a primary check on entry to the U.K aimed to speed up journeys.2 This affects the British nationals living there or desiring to live in the United Kingdom. Proposals affecting the nationality are published for viewing at the Home Offices. The Borders, Citizenship and Immigration Act 2009 introduction had other objectives such as; it would combine custom and revenue functions at the border to enhance nationality respect and cub weapons and drugs smuggling. As for the nationality rights, all migrants had to prove their right to live here after implementation of the new radical path to citizenship. The progress is slowed where the immigrants commit even the least crime or if they do not make efforts to integrate. Further changes in the nationality law were aimed at shortening or to lengthen the period to qualify to naturalization depending on the behavior of the applicant. It would also ensure the safeguarding of children welfare, fairness, and justice in nationality related cases.3 This would be reached through removal of the historical minimum required points to enable children born to British mothers before 1961 to attain British nationality themselves and enable those in overseas service such as armed forces to assist their children in registering for British nationality. This will ensure that they will not lose nationality simply under the fact that they were born in another nation. All those registered as British nationals will access full social housing and benefits, permanent residents and also reservations for the citizens.4 That implies that non-British nationals will not be in a position to acquire full benefits. For the foreign nationals who are screened after serious crimes automatically are potentials to deportation, any proposal earned in citizenship goes a step further. Minor offenders will be required to wait before having their conviction spent prior to becoming citizens while those in prison are supposed to face removal. 5In line with enhancing the nationality in the united kingdom, a further objective was to introduce better and point based systems that meets the mission of the government to have the nationals it needs meeting their criteria to move into the country and live there. Through managing immigration, it assists the government to draft projections in its population and also control it. It will be very easy to lose British nationality and very strenuous to acquire one, hard work and English proficiency. All nationals will be required to have positive benefits to the U.K society. The changes in the Borders, Citizenship and Immigration Act 2009 play a role in the big shake up to immigration process for generations. It also runs along with the census system in Australia maintaining data of persons moving in and out and also introduces foreign national identity cards.6 Proven possessors of the British nationality will be secured from crimes and vices brought by illegal immigrants As mentioned earlier the path to citizenship will see migrants proving reasons to earn citizenship by first paying taxes, abiding by the law and speaking English.7 The route to attain citizenship will call for up to 10 years where positive benefits are portrayed in the society so as to get to full access to housing and social benefits. The objective was also to make the government system fairer and firmer. There would be consultations publishes to check the current status in the points acquiring system under the economic migrants approved as an effective yet strong tool to control migration by seeing through its application into citizenship. Nationality access chances will be lowered for the permanent residence seekers in the United Kingdom, a more scalable and flexible approach that has the powers to raise and lower threshold dependent on U.K’s needs. After realization of its impact on nationality matters, some issues arise that would push for possible changes. Recognition the legal framework in immigration has turned to complexity to lower the efficiency in decision making procedures that results in delay risks and avoidable mistakes otherwise. It also makes it tougher to comprehend how successful consideration for citizenship application will be considered, how to get to live in the U.K in a legitimate manner.8 The challenge can only be solved through introduction of a simplified, new and clearer Act. Thousands of applicants and those living within the United Kingdom currently are directly affected by The Borders, Citizenship and Immigration Act 2009 and are at a risk of being denied citizenship. These fears may affect the incentive of investors who wish to bring their foreign counterparts, foreigners who do not speak the language have to face classes first, that is, an extra cost and delayed deployment. More existing citizens will have chances to employment. Commitment to the United Kingdom’s government has first to be proved. Migration will only work where it has benefits under the measures in the “Path to Citizenship” neutralization procedures for foreigners will take more years on introduction of a ‘probationary citizenship’ and the concepts of ‘Earned Citizenship to map out the indefinite leave remaining restricting citizenship to specified skilled and categorized border controls.9 Holders of Filipino work permits will be affected once the actual common Travel area and the Ireland Bill are signed into law. For instances it will impact on the senior caretakers or nurses intending to apply for British citizenship or ILR, Indefinite Leave to Remain. The older Filipino generation will also feel the impact of this Act. Some of them have lived here for more than three decades without obtaining ILR or applying for citizenship in an escape to avoid giving up Philippine passports. On the contrary there is a benefit as no one has to surrender their passports to become British given that the Philippine government accepted dual nationality. It would be better to simply acquire ILR, residency, or citizenship in Britain once the criteria and cut-off requirements are met. This act of parliament allowed persons who had been residents for five years in the United Kingdom to apply for Indefinite Leave to Remain. The acts creates new categories of temporary leaves to remain known as "probationary citizenship leave", it constitutes an additional duration for which the foreigners, migrants, are denied access to welfare and services. Under the concept of voluntary service in the society invoke, neutralization will be met faster by lesser years where the activity condition spells on the secondary legislation into nationality. Duty will be imposed on the secretary of state aimed at promoting welfare and safeguarding the youthful generation in the United Kingdom.10 People outside the U.K will not be subject to the duty. To some extent it calls for claim judicial reviews’ application transfer to the upper tribunal from the High court. Upon desire to acquire British nationality, this Act will iron out irregularities that may occur during applying for British citizenship and remedy any discriminatory practices allowing citizenship to be inherited by children born beyond the borders by British fathers before 1961 and not their mothers.11 The right to nationality was automated for children born in the United Kingdom where one parent is at least from a common wealth member in Britain’s armed forces or foreign. It will allow terms limiting study imposition on persons possessing limited leave into or to stay in the United Kingdom. The Borders, Citizenship and Immigration Act 2009 actualized changes in the British Nationality Law which were not seen in action until January 2010.12 Earned citizenship would not see the light of day until 2011’s summer. The changes implemented immediately made it easier for persons with few cases to attain U.K citizenship. Persons who had connections to Hong Kong were also affected, the overseas British nationals, where they had not lost or given up their alternative nationalities by march 19th 2009 through individual actions or their failure. They could then be registered to acquire British citizenship. It was noted that in some instances, children born of unmarried fathers were still under discrimination pending decisions on requirements to impose for them to earn their citizenship. Most likely they will undergo probation under observation whether they can prove to be good citizens and after success the government may consider the application for nationality within 12 months.13 Pending applications in the Home office were to be treated under the same criteria, the applicant will not be subjected to the new rules. People are now taking advantage where they qualify for indefinite leaves to remain and utilizing the chance sooner than later to take apply. Those who possessed the indefinite leaves had until July 2013 to apply for the United Kingdom citizenship under the current criteria. For the applicants who will be seeking neutralization under the employment route s6(1) of this act will undergo two qualifying periods. First there will be eight years, within this duration the individual is not subjected to meeting activities conditions. Secondly the individuals may opt for the six years period again also without the activity condition. For those applicants in search of neutralization under s 6(2), they will also face two periods. This section covers any family member of individuals who are settled in the United Kingdom, they include spouses to British citizens. First, they face five years duration without any activity conditions of second, three years without meeting the same conditions. Persons who have been probationary citizens for a period of five years will be required to either leave the United Kingdom or step to the next stages.14 Where they decide to move to the next stage, fresh application will be required to rejoin the United Kingdom subjected to other immigration category if they so desire to return. Individuals who successfully undergo the stages are granted citizenship in Britain. As an alternative, a status in permanent residence is availed to those who do not wish to acquire British citizenship or those who cannot acquire the citizenship without the risk of losing their initial or existing nationalities. There are contemplations that qualification durations into permanent residence could be longer that those for citizenship. The green paper under The Path to Citizenship has propositions that a probationary citizen who meets the activity requirements be in a position to re-apply for citizenship after a period not shorter than one year. However, individuals seeking to apply for residence permanently, by choice or due to being in a position that limits them from dual nationality, will be required to face a minimum of three years in the probationary citizen status and then meet the activity requirements prior to progressing to the stages that follow. If he was to fail to meet the required activities, a minimum of 5 years as probationary citizens will be undergone before qualification into permanent residence. Some of these Acts call for transition arrangements.15 If a foreign nation had acquired indefinite leave on the same day that earned citizenship was introduced, he will directly be considered as a permanent resident. The individual will be eligible for application of British citizenship covered in the present rules and regulations within the initial two years after introduction of earned citizenship. Bibliography Alice Bloch, The Migration and Settlement of Refugees in Britain (Palgrave Macmillan, 2002). Andrew Geddes, The Politics of Migration and Immigration in Europe (Sage, 2002). David Jacobson, Rights Across Borders: Immigration and Decline of Citizenship (John Hopkins, 1996). Fairer, Faster and Firmer: A Modern Approach to Immigration and Asylum (HMSO White Paper, July 1998). Gina Clayton, Textbook on Immigration and Asylum Law (5th edition) (OUP, 2012). Goodwin Gill, The Refugee in International Law (2nd edition) (Clarendon, 1996). Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention (UNHCR, 1992). Hans Vermeulen (ed.), Immigrant Policy for a Multicultural Society. A Comparative Study of Integration, Language and Religious Policy in Five Western European Countries (Migration Policy Group, 1996). Ian MacDonald and Frances Webber, Macdonalds Immigration Law and Practice (8th edition) (Butterworths, 2010). Ian Spencer, British Immigration Policy since 1939; Making of Multi-Racial Britain (Routledge, 1997). James Hathaway, The Law of Refugee Status (Butterworths,1991). JCWI, Immigration, Nationality & Refugee Handbook 2005 (JCWI, 2006). Martin Baldwin Edwin, Politics of Immigration in Western Europe (Frank Cass, 1994). Patricia Tuitt, False Images: Laws Construction of the Refugee (Pluto Press,1996). Peter Morris et al., Blackstones Guide to the Asylum and Immigration Act 2004 (OUP, 2005). Phelan & Gillespie, immigration law handbook (OUP, 2013). Secure Borders, Safe Haven: Integration with Diversity in Modern Europe (HMSO White Paper, February 2002). Susan Forbes Martin, Women and Migration (UN Division for the Advancement of Women, CM/MMW/2003/WP.1, January 2004). Teresa Hayter, Open Borders: the Case against Immigration Controls (2nd edition) (University of Michigan Press, 2004). Read More