Probationary Citizenship in the UK

The concept of probationary citizenship has been developed as part of a major overhaul of UK immigration rules.

Originally foreign nationals were entitled to apply for UK citizenship based almost exclusively on the amount of time they had spent as lawful residents of the UK. Later a new obstacle to citizenship was introduced in the shape of English language and life in the UK tests, which applicants had to pass before applying for citizenship.

Citizenship ceremonies were also introduced so that new citizens felt that becoming a UK citizen was a significant landmark and not just an administrative procedure.

The Borders, Citizenship and Immigration Bill

The proposed changes to the way in which foreign nationals may become British citizens are encompassed in the Borders, Citizenship and Immigration Bill. Once approved by parliament this would form the basis of a new Act and will both consolidate and add to the current immigration rules.

Earning Citizenship

The government believes that, for too long, becoming a British citizen has been viewed as an entitlement based on a period of continuous residence in the UK. The new law emphasises that citizenship should be viewed as something to be earned. Applicants should have to prove that they have become immersed into British life, and that they make a contribution to life in the UK, before they are able to become citizens.

Whereas previously a period of continuous residence led almost inevitably to an entitlement to apply for citizenship, it is now felt that satisfying the five-year residence requirement should simply be the beginning of the path to citizenship. However, the new rules are not just a way of reducing the numbers of new UK citizens. In fact, one of the intentions of the legislation is to encourage long term residents to apply for citizenship once they have satisfied all the requirements and to feel proud about becoming British citizens.

Three Steps to UK Citizenship

Under the traditional immigration rules the path to UK citizenship usually started with being granted temporary leave to remain, followed by indefinite leave to remain after a continuous period of residence. Once the necessary residence, and other, requirements had been fulfilled an application could then be made for citizenship.

The new rules consist of the following steps on the road to citizenship:

• Temporary residence – the initial stage for all new immigrants, which lasts five years;
• Probationary citizenship – how long this lasts will depend on the applicant’s behaviour and activities;
• Full citizenship or permanent residence.

Those who do not apply for citizenship or who fail to satisfy the test for probationary or full citizenship may ultimately lose their entitlement to remain in the UK.

Probationary Citizenship – What it Involves

Under the new rules all applicants for UK citizenship will have to spend at least 12 months as probationary citizens before they may be awarded full citizenship. Under the proposed legislation probationary citizens would not be entitled to claim any government benefits during that time.

Applicants will have to prove that they have become fully integrated into British society and may be able to reduce the length of their probationary citizenship if they carry out voluntary work or otherwise contribute to the community. Probationary citizens are likely to have to provide references in support of their application for full citizenship. Applicants for citizenship will also have to prove, not only that they have acquired some English language skills, but that they are improving on the skills already acquired.

How Long Will Probationary Citizenship Last?

Whilst it will last for at least 12 months, the length of the probationary citizenship will, to some extent, depend on each individual applicant.

Applicants can speed up, or slow down, the process depending on their behaviour. For example, an applicant who can show that he carries out useful voluntary work in his community or who runs a business that contributes to the economy may find that he progresses to full citizenship relatively quickly. Conversely, an applicant who is convicted of a minor crime will take longer to become a full citizen. Committing a serious crime will lead to ineligibility for citizenship and, under the new law, may be more likely to lead to deportation.