Proposed Changes to Rules on Becoming a British Citizen

In early 2008 the UK Border Agency published a set of proposed changes to the way in which a foreign national can become a British citizen or a permanent resident of the UK. There are several objectives behind the proposed changes:

• to simplify the immigration system and the law on which it is based;
• to encourage immigration by those foreign nationals who have skills and talents beneficial to the UK;
• to discourage the isolation or marginalisation of immigrants;
• to address the views and concerns of the British public towards immigration.

The proposed changes were considered at a series of events held throughout the UK at which ordinary people were given the opportunity to air their views on the subject of immigration. Following this consultation period the Government issued a paper setting out its vision for the development of the immigration and citizenship process.

Simplification of the Citizenship Process

The proposals suggest that potential immigrants should be divided into three categories:

• skilled workers and their families;
• the family of British citizens or residents;
• those who come to the UK as refugees.

People in any of these categories who wish to apply for citizenship would have to go through a three-step process: temporary residence, probationary citizenship and, finally, full British citizenship.

What Will be Expected of New Applicants for British Citizenship?

Perhaps the overriding intention behind the proposed changes is to ensure that those who apply for British citizenship are properly involved in the culture and community of the UK, and that they respect the laws and morals of the country. The proposals emphasise the concept of foreign nationals “earning the right to stay” in the UK.

Previously, British citizenship could be obtained by showing a sufficient period of continuous residence in the UK. This meant that some people obtained citizenship even though they could not speak English and had no real involvement in British life. Several years ago a citizenship test was introduced which applicants had to pass before becoming citizens. All applicants for citizenship have to show some proficiency in the English language (or Welsh) and a knowledge of British life and culture. The precise requirements depend on the standard of the applicant’s English language skills when they apply for citizenship.

The proposed changes go even further and would remove any sense of there being an automatic entitlement to citizenship based on the length of residence in this country. The suggested new requirements for obtaining citizenship include the following:

• Applicants must show an improvement in their English (or Welsh) language skills before obtaining citizenship;
• Applicants must show an ongoing contribution to UK life at every stage of the process;
• Full entitlement to state benefits will be delayed until citizenship has been obtained;
• Applicants who commit a criminal offence which results in a prison sentence will not be entitled to citizenship. Applicants who commit more minor offences will have their probationary period extended.
• Immigrants will be expected to contribute to a fund which will help communities in the UK cope with the impact of immigration.
• Applicants who do voluntary work in the community may have their probationary period shortened.

Together with changes to the citizenship process the proposed new rules will give the UK Border Agency greater powers to police the UK’s borders. The rules would also give greater powers to remove foreign citizens who are in the UK without permission and to prevent the return of any foreign citizens who have previously been excluded from the UK. A new points-based system for immigrants is also being introduced. The entire immigration process in the UK would be transformed by the changes.

The Timetable for Implementation of the New Rules

For the new rules to be implemented the changes have to be approved by the UK Parliament. If approved, the proposed changes are likely to come into force from late 2009 or 2010.