uk visa path to citizenship

8/8/2019 Uk Visa Path to Citizenship

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THE PATH TO CITIZENSHIP:NEXT STEPS IN REFORMING THEIMMIGRATION SYSTEMFebr ary 2008


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CONTENTS

FOREWORD BY THE RT HON JACQUI SMITH MP, HOME SECRETARY .............................................................. 5

EXECUTIVE SUMMARY ................................................................................................................................. 6

CHAPTER 1: MIGRATION - THE CHALLENGES AND REFORMS ......................................................................... 9

1.1 Intro ction: why now?; the bene ts o migration; the views o the p blic; an the impact o migrationon comm nities .................................................................................................................................... 9

1.2 Trans orming the immigration system ..................................................................................................... 101.3 The o rney to citizenship ...................................................................................................................... 111.4 Simpli ying immigration law ................................................................................................................... 121.5 Concl sion ........................................................................................................................................... 13

CHAPTER 2: THE VIEWS OF THE PUBLIC AND WHAT OTHER COUNTRIES ARE DOING ..................................... 14

2.1 What oes the British p blic think? ........................................................................................................ 142.2 Key themes i enti e by the p blic: speaking English; paying yo r way; obeying the law ............................ 152.3 Other themes i enti e by the p blic: p tting citizens on probation; vol nteering ...................................... 162.4 P tting British val es at the heart o the immigration system ................................................................... 172.5 What other co ntries are oing .............................................................................................................. 17

CHAPTER 3: THE ARCHITECTURE OF THE SYSTEM - WHO CAN QUALIFY FOR CITIZENSHIP AND THE

STAGES IN THE JOURNEY .............................................................................................................................. 19

3.1 Overall architect re ............................................................................................................................... 193.2 Three ro tes to citizenship .................................................................................................................... 193.3 Three stages in the o rney ................................................................................................................... 223.4 Gateway Protection Programme ............................................................................................................. 233.5 Other Categories .................................................................................................................................. 23

CHAPTER 4: EARNING THE RIGHT TO STAY - WHAT WE REQUIRE OF MIGRANTS TO PROGRESS THROUGHTHE SYSTEM ................................................................................................................................................ 25

4.1 Intro ction .......................................................................................................................................... 254.2 English lang age .................................................................................................................................. 254.3 Minim m time perio s contrib ting economically or emonstrating gen ine relationship ............................ 264.4 The e ect o criminal activity on a migrants o rney thro gh the system .................................................. 284.5 Active citizenship .................................................................................................................................. 294.6 S mmary ............................................................................................................................................. 30

CHAPTER 5: THE IMPACT OF MIGRATION AND ACCESS TO BENEFITS AND SERVICES .................................... 33

5.1 Intro ction .......................................................................................................................................... 33

5.2 Access to bene ts an e cation .......................................................................................................... 335.3 Access to healthcare ............................................................................................................................ 345.4 Next Steps ........................................................................................................................................... 355.5 A F n to Manage the Transitional Impacts o Migration .......................................................................... 35


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CHAPTER 6: EEA NATIONALS ........................................................................................................................ 37

CHAPTER 7: SIMPLIFYING THE SYSTEM AND REFORMING THE LAW .............................................................. 39

7.1 Simpli cation Principles ........................................................................................................................ 397.2 Receiving an Registering Applications ................................................................................................... 417.3 Protection ............................................................................................................................................ 427.4 The Bor er ........................................................................................................................................... 437.5 P rpose o Entry an Stay ..................................................................................................................... 447.6 En orcement an Compliance ................................................................................................................ 457.7 Biometric In ormation ............................................................................................................................ 467.8 Appeals ............................................................................................................................................... 477.9 S mmary o Proposals .......................................................................................................................... 47

CHAPTER 8: SUMMARY OF PROPOSALS AND RESPONDING TO THE GREEN PAPER ........................................ 48

ANNEX A: THE POINTS BASED SYSTEM ........................................................................................................ 51

ANNEX B: ESOL LANGUAGE LEVELS .............................................................................................................. 53

ANNEX C: CONSULTATION ON THE IMPACTS OF THE GREEN PAPER PROPOSALS ............................................ 54

ANNEX D: CONSULTATION CRITERIA .............................................................................................................. 56


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FOREWORD BY THE RT HON JACQUI SMITH MP,HOME SECRETARY

We are all amiliar with theemergence o immigrationas a signi cant issue o public interest. Increasedfows o people aroundthe world make securing our border one o ourtoughest challenges. Thereis widespread acceptancethat migration is a key

actor in our economicgrowth but also concern

about the impact onpublic services.

We have made substantial progress in recent yearsin meeting the challenges posed by migration. Thisincludes a huge reduction in the numbers o asylumapplications and record per ormance on removals o

oreign national prisoners and immigration o enders.

This year, the re orms we have put in place willdeliver radical changes to the UKs immigrationsystem. From 1 April we are introducing the new UK Border Agency bringing together the Border andImmigration Agency, UKvisas and Customs work. To urther secure our borders, we are now checking

ngerprints, as a matter o course, be ore we issue a visa anywhere in the world or those wishing to travelto the UK, and we will again begin to count oreignnationals in and out o the country.

We will expand our detention capacity and implement powers to automatically deport serious o enders. Toprevent illegal immigration, we will introduce the new points based system, introduce compulsory ID cards

or oreign nationals who wish to stay in the UK, andintroduce large on-the-spot nes or employers whodo not make the right checks.

By the end o 2008, there ore, the immigrationsystem will look and eel di erent. Firstly, we willhave revolutionised the way in which we judge whocan come. Secondly, we will have trans ormed the way we police the system and protect our borders.

This Green Paper outlines the Governments plansor a third phase o migration re orm. That is re ormo the path to British citizenship in order to rein orceour shared values.

We have listened to what people have told us about migration and citizenship. British people have welcomed migrants over the years. Our economy andour communities are stronger or their contributionto British li e. And people also think its air that therights and bene ts o citizenship are matched by responsibilities and contributions to Britain.

There is a deal or citizenship. This is a country o liberty and tolerance, opportunity and diversity - andthese values are rein orced by the expectation that all who live here should learn our language, play by the

rules, obey the law and contribute to the community. The green paper orms part o the wider work being conducted across Government, including theGoldsmith review o citizenship commissioned by the Prime Minister.

We want to make the journey to citizenship clearer,simpler and easier or the public and migrants tounderstand. Our proposals to achieve this aim arean integral and central part o our wider work tooverhaul the legal ramework or immigration.

The Green Paper sets out details o our plans tosimpli y the laws current complexity and makeit t or the 21st century. We propose that allexisting immigration laws should be replaced witha clear, consistent and coherent legal ramework

or the control o our borders and management o migration, with key provisions set out in a single

ocused piece o primary legislation.

I believe that the right response to immigration isone which refects our values, not our ears. Ourproposals or the uture o the immigration systemset out an approach which ensures that we manageand control immigration in a way that is to the bene t - not just or our economy, but or our society, ourcitizens, and our way o li e.

Rt Hon Jacqui Smith MPHome Secretary


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THE PATH TO CITIZENSHIP: NEXT STEPS IN REFORMING THE IMMIGRATION SYSTEM

1. Across Government we are introducing re ormto strengthen our shared values and citizenship.

The purpose o this paper is to set out how re orm o a newcomers path to citizenshipor permanent residence can contribute to thisagenda.

2. We make these proposals against the backdropo sweeping changes to our immigration system. These include changes to ensure that those who come to Britain do so in our countrys

interests, and changes that will improve how we police the system and protect our borders. This paper proposes a third eld o change: thejourney newcomers take towards citizenship orpermanent residence.

3. We propose to make these changes together with a radical simplifcation o ourimmigration laws.

We plan to publish a partial dra t bill or pre-legislative scrutiny by the summer and willintroduce a ull bill to Parliament by the end o November 2008.

4. Our objective is to make our immigrationsystem clearer, more streamlined and easierto understand, in the process reducing thepossibilities or abuse o the system, maximising the bene ts o migration and putting British values at the heart o the system.

5. At the same time we think the current system doesnot provide enough o an incentive or a migrant to progress to British citizenship. We want toencourage people with the right quali cations andcommitment to take up citizenship so that they can become ully integrated into our society.

THREE ROUTES TO CITIZENSHIP AND THREESTAGES IN THE JOURNEY

6. We have clear objectives or the changes we aremaking to our immigration system. We want

to bring to Britain the skills and talents, theassets and ideas that we need to remain one o the worlds leading nations. We want to reuniteBritish citizens and permanent residents withtheir loved ones. And we want to honour our

long and proud tradition o providing a sa ehaven to those feeing torture and persecution.

7. In the uture, we propose that there should bethree key routes to naturalisation as a Britishcitizen:

Highly skilled and skilled workers under thepoints-based system, and their dependants(economic migrants)

Family members o British citizens and

permanent residents

Those in need o protection (re ugees andthose granted humanitarian protection)

And there should be three stages in thejourney:

Temporary residence

Probationary citizenship

British citizenship/permanent residence

8. The second stage, probationary citizenship ,is a new time-limited period between temporary residence and British citizenship or permanent residence.

EARNING THE RIGHT TO STAY: WHAT WEREQUIRE OF MIGRANTS TO PROGRESS THROUGHTHE SYSTEM

9. We want to set out a clear journey tocitizenship or migrants who are eligible toremain permanently in the UK, where therights and bene ts o Britain are matched by responsibilities and the right contribution to ourcountry.

10. Under our proposals, the journey to citizenship will enable migrants to demonstrate a more visible and a more substantial contribution toBritain as they pass through successive stages.

At each stage, the journey will incorporateappropriate requirements that determine whether a migrant can progress. There are

our areas where we propose changes in therequirements or progression:

1.

2.

3.

1.

2.

3.

EXECUTIVE SUMMARY


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English language requirements 1: wepropose that the current tests or settlement should apply or those seeking to progress toprobationary citizenship.

Paying tax and becoming sel su fcient: wepropose that there should be minimum time

periods that migrants are required to spend ineach stage o the process, during which they demonstrate the strength o their contributionto the economy; or their relationship to aBritish citizen or permanent resident together

with a track record o sel su ciency.

Obeying the law: newcomers who wishto remain in our country must obey thelaw o the land. So we will deny access toprobationary citizenship where an applicant has been to prison and require them toleave the UK. We will also slow a migrantsprogress through the system even whereminor o ences are committed, so that behaviour that alls below the standards weexpect has consequences.

Joining in with the British way o li e :integrating into British li e is a crucial part o a newcomers journey to citizenship. There ore we propose to speed up amigrants journey through probationary citizenship where they have demonstratedtheir commitment to the UK by playing anactive part in their community.

THE IMPACT OF MIGRATION AND ACCESS TO

BENEFITS AND SERVICES

11. Migrants are on average net scal contributors.But we need to take into account any transitionalpressures that migrants place on public services,and ensure that individuals are not able to placeundue demands on our bene ts and services.

We want to:

a.

b.

c.

d.

clari y which bene ts and services migrantscan access at each stage o their journey,providing only restricted access to certainbene ts until they reach the Britishcitizenship/permanent residence stage.

create a und to manage the transitional impact o migration, to which we will ask newcomersto contribute extra in payments to thepublic purse to help alleviate the transitionalpressures we know migration can bring.

12. In developing our proposals we will ensure they are consistent with the principles o the GoodFriday agreement.

EUROPEAN ECONOMIC AREA (EEA) NATIONALS 2

13. The re orms to the immigration system outlinedin the paper do not a ect the rights o EEAnationals. But we will maintain our robust approach to EEA nationals who abuse our welcome by committing criminal acts - and work with other Member States to strengthenour approach urther. We will continue ourrestrictions on access to bene ts or EEAnationals where they have no intention o exercising their Treaty rights , and we will work with other Member States to determinehow we can improve the integration, including language skills, o EEA nationals. We believethat European Member States should also work together to ensure EEA migration works to thebene t o all and that EEA migrants are ableto contribute ully to our society. We will set uptwo cross-departmental teams to look at theseissues and will develop proposals to put to EUpartners.

SIMPLIFYING THE SYSTEM AND REFORMING THELAW

14. As we look to re orm the path to citizenshipand continue to trans orm the immigrationsystem, we need to simpli y the laws current

a.

b.

1. The requirement to speak English is re erred to in this document, but please note that demonstrating knowledge o either Welsh or Scots Gaelic also satis es this requirement.

2. Nationals o EU Member States plus Iceland, Liechtenstein and Norway.3. An EEA national exercises their Treaty right by working, studying, being sel -employed or sel -su cient.


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complexity and make it t or the 21st century. That complexity reduces the e ciency o the decision-making process, resulting indelays, increasing the risk o mistakes, making it di cult or migrants and the public tounderstand the system, making en orcement o the rules more di cult and contributing to a lack o public con dence in the system.Making the law more straight orward andcomprehensible will boost the e ectiveness o our decision-making and en orcement, giving applicants a clearer picture o their prospects

and helping improve public con dence in theimmigration system.

15. We want simpli cation to make our law morestraight orward or all its users, and our changesin the law will support and enable the wider work to trans orm the immigration system andmake it more e ective.

All existing immigration laws will be replaced witha clear, consistent and coherent legal ramework

or the control o our borders and management o migration. Key provisions will be set out in asingle ocused piece o primary legislation.

The key principles which we believe shouldunderpin the simpli cation process are that it should maximise : transparency, e ciency,clarity; and that it should minimise : the need

or urther legislation, reliance on concessionsoutside the rules, inconsistencies, duplicationand gaps in our powers to resolve casese ectively.

16. This paper includes a number o consultationquestions. These are included in the text. Forresponses to the questions, please use theconsultation pro orma which can be ound at:

www.bia.homeo fce.gov.uk/aboutus/consultations/current/


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1.1 INTRODUCTION

17. Over the next 12 months we are introducing the most sweeping changes to the immigrationsystem or over 30 years:

Revolutionising the way in which we judge whocan come through the Points Based System(PBS); advised independently by the Migration Advisory Committee (MAC) on where oureconomy needs migration and where it doesnt;and by the Migration Impacts Forum (MIF) to

tell us about the pace o change thats right.

Trans orming the way we police the system ;locking down the identity o newcomers be orethey come; a single border orce with new powersto guards our ports and airports, with new systems to count people in and out o Britain; with compulsory ID cards or oreign nationalsso that public services and employers can be sureabout the identity and rights o people who stay.

18. We need to be clear about what our goals or theimmigration system should be. We believe that it should have three primary goals:

to bring to Britain the skills and talents, assetsand ideas we need to stay one o the worldsleading nations

to reunite British citizens and permanent residents with their loved ones

to honour our long and proud tradition o providing a sa e haven to those feeing torture,persecution or worse

19. The sweeping changes we are already introducing are putting us on the right track.Now is the right time to complete this process by re orming the path to citizenship and creating a simpler legal ramework or immigration.

This paper sets out our proposals. Our objectiveis to make our immigration system clearer,more streamlined and easier to understand ,in the process reducing the possibilities orabuse o the system,maximising the beneftso migration and putting British values at theheart o the system.

Why is this important now?

20. Britain is a more diverse place today than everbe ore.

21. Many di erent things account or this: thedi erent way we work, the di erent shape o our amilies, the speed with which we movearound, the development o the online world. And migration too has contributed to diversity,all over the Western world.

22. This reedom to live li e as each o us choosesis something we should welcome, but a moresophisticated society still needs strong bondsto hold it together. Otherwise there is a dangerthat di erent communities can look inwards and

orget what they have in common with each other.

23. Migration is one o the changes that contributesto diversity across the world, and is increasing. Around the world between 1960 and 2005 thenumber o international migrants has more thandoubled rom 75 million to 191 million 4.

24. Together these changes mean many o Britainscommunities look di erent. But this is true o all advanced western democracies.

The UKs net migration rate 5 in 2005 was 3.4per thousand. Organisation or EconomicCooperation and Development (OECD)countries 6 averaged between 2001 and 2005ranged rom 2.6 to 4.27.

CHAPTER 1MIGRATION: THE CHALLENGES AND REFORMS

4. United Nations Department o Economic and Social A airs, The Trends in Total Migrant Stock: The 2005 Revision.

5. Net migration is calculated as immigration minus emigration, with the result divided by the resident population.6. Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey, United Kingdom and United States.

7. OECD, International Migration Data 2007.


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And in 2005, the UK was placed mid-way inOECD countries in terms o the percentageo oreign-born population. The gure was10 per cent o the population - less than anumber o countries including Australia (24per cent), the United States (13 per cent), theNetherlands (11 per cent), Germany (13 percent) and Sweden (12 per cent) 8.

Benefts o migration

25. Migration is nothing new. Our islands have

always been subject to fows o migration. Ourhistory, both ancient and modern, is rich withexamples o how economic growth has beensupported and even secured through migrant labour. Our position is clear: care ully managedmigration brings signi cant and undoubtedbene ts to the UK.

26. Today, migrant workers are lling skills shortages

and meeting labour market demands. They are working in the NHS and our public services. They are creating new businesses and jobs.

27. In the same way ree trade and capital mobility boost our income, so does migration. A widerlabour market increases fexibility, improving the matching o workers to job opportunities..By bringing complementary skills andtalents, migrants make the native populationmore productive and more prosperous. By underpinning essential services that theeconomy needs, migrants leave other workers

ree to concentrate on what they do best, raising productivity indirectly.

28. 28. Migration a ects trend growth principally through changes in the working age population. The Treasury has estimated that total net migration contributed around 15-20% o trendgrowth between mid-2001 and mid-2006, adding about _ a percentage point to annual output growth, equivalent to 6bn o additional output

in 20069. Evidence suggests that migrants have apositive impact on GDP per head directly throughtheir own output and indirectly through raising theproductivity o others. On average, the oreign-born earn more than the UK-born and are morelikely to be in employment as a proportion o thetotal population. On average, the oreign-born aremore likely to be in employment as a proportiono the total population 9.

29. More broadly, just as with ree trade, the long-rundynamic impacts - while very di cult to measure

- may be quite large. For example, the UK nancial services industry has more than doubledin the last decade, now making up around 10%o GDP10. Given over 29% o the London work orce is born abroad it is di cult to see how that could have happened without immigration 11.

30. We are a country in which many cultures live andare enriched by people o diverse backgrounds

rom other countries. The development o ourcuisine, the patterns o employment we see indi erent local areas and the contribution to thearts o those coming rom around the worldand bringing their own traditions with themhave shaped society and provided us with arich and varied cultural li e. The most obviousexample is the Notting Hill Carnival - originally a celebration o Caribbean culture by Londons West Indian community brought to the UK by Windrush and today Europes largest street

estival. Last year Bollywoods equivalent o theOscars - the International Indian Film Academy Awards - took place in She eld demonstrating the closeness o lm industries and the vibrancy o Bollywood in the UK.

1.2 TRANSFORMING THE IMMIGRATION SYSTEM

31. We believe that the increase in global migrationhas led to and will continue to lead totransitional pressures on our communities andpublic services. We need an immigration system

8. OECD (2007), OECD in gures.9. Cross Departmental Submission to the House o Lords Select Committee on Economic A airs: The Economic and FiscalImpact o Migration, Home O ce and Department o Work and Pensions (October 2007).

10. International Financial Services London, February 200811. City o London Corporation, www.cityofondon.gov.uk/Corporation/business_city/research_statistics/research_publications.htm


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that can respond to and meet these challenges ina way that maximises the bene t to our nationalinterest and minimises the opportunities orabuse - and weve already started. Over thelast 12 months we have drawn up plans orthe biggest ever shake-up to Britains bordersecurity. This year we make the change. By theend o the year the system will look and eeldi erent. And every month the public will beable to see progress on our ten point deal ordelivery or 2008.

Britains border protection programme

Introduce a single border orce to guard ourports and airports

Introduce police-like powers or rontlinesta

Check ngerprints be ore we issue a visaanywhere in the world

Count oreign nationals in and out o thecountry

Introduce compulsory watch-list checks orall travellers be ore they take-o or Britain

Maximise the economic benefts o migration

6. Introduce a new Australian style pointsbased system (PBS) so business can bring-inthe legal migrants our economy needs.

Strong steps to prevent illegal immigration

7. Introduce compulsory ID cards or thoseoreign nationals who want to stay

8. Major on the spot nes or employers who dont make the right checks to ensuremigrants they employ have the right to work

Holding newcomers accountable or their

behaviour9. Introduce automatic deportation or serious

criminals and build more detention spaces tohelp

1.

2.

3.

4.

5.

But a compassionate system

10.Honour our asylum obligations but make -and en orce - decisions much aster, and witha more sensitive treatment or children

1.3 THE JOURNEY TO CITIZENSHIP

32. I re orm o immigration is to contribute tothe Governments wider agenda o rein orcing shared values, then change has to extend beyondthe policy o who can come and who cannot,

and beyond the administration o policing that policy in practice. That is why we are proposing to re orm the journey that a newcomer takes,

rom arrival as a migrant in the UK to becoming a British citizen or a permanent resident.

33. Our central proposal or re orm o the journey to citizenship is that, alongside strengthening the rights o citizenship, citizenship must beearned. The uni ying idea is that there is a deal

or citizenship: that we welcome newcomers,but anyone who wants to remain here long term must speak our language, obey the law andcontribute to the community.

34. The architecture o the system must be clearer,simpler and easier to understand; and therequirements to move through the system andthe rights that accompany each stage must haveBritish values at their heart. Chapters 3, 4 and 5set out our proposals.

Views o the public

35. Today, we live in a sophisticated country that is com ortable with di erence. And acrossGovernment we are developing policies tostrengthen our shared standards and values.Citizenship re orm or newcomers has an important contribution to make to this agenda.

36. Listening to and responding to the concerns o the British people is at the heart o the changes we propose.

37. In recent months we have hosted a number o public listening sessions across the UK 12. Theaim o these events was to engage with the publicon key immigration issues including: success ul


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integration; how potential citizens shoulddemonstrate their commitment to Britain; andcelebrating citizenship.

38. Several clear themes emerged during thesessions as the most commonly and strongly held views:

Speaking English: by ar the most important actor to assist integration.

Paying your way: working and paying tax is

seen as an essential precursor to acquiring citizenship.

Obeying the law: the need or newcomers toobey the law, consequences should ollow orthose who dont.

Support or the idea o provisionalcitizenship a period during which the right to stay could be removed i a serious crime was committed.

Support or a system which requiresnewcomers to demonstrate commitment to the community be ore they can becomeBritish citizens, balanced with a strong sensethat it would be un air to ask them to do morethan we do ourselves.

39. The views o the public and the outcomes o the public listening sessions are considered indetail in chapter 2.

Impact on communities

40. There is no doubt that increased migration hashad a signi cant impact on British communitiesand is contributing to Britains diversity.

41. But in the modern world, where the orces that can pull us apart can be strong, there is a risk that when we are con ronted by change welook inward and ocus on concerns about thedi erences between people, rather than looking

at the things that we all have in common.

42. Yet the things we have in common are what give us a shared sense o mutual obligation. Webelieve we need to work harder to strengthenthe things the values, the habits, the qualities that we have in common, and thereby strengthen our communities.

43. Citizenship is one o the key things we have incommon with each other and that is why it is soimportant. We believe that we must now addressthe issue o citizenship to complete the re ormsthat are needed to our migration system. We

propose that just as we are changing the way wejudge who should come to Britain, so too must we change the way we ask newcomers to earnthe right to stay, and in time attain the privilegeso British citizenship.

44. This re orm links closely to the widerGovernment agenda to increase thecohesiveness o our communities, in particularthe work o the Department or Communitiesand Local Government (DCLG).

45. The Commission on Integration and Cohesion, which was established by DCLG in June 2006, hasundertaken important work on how local areascan make the most o diversity while being able torespond to the tensions it may cause, and publisheda report o its ndings, Our Shared Future, in June 2007. DCLG issued a detailed response toeach o the Commissions recommendations on4th February and the Governments commitmentsgoing orward. Our re orm o the path tocitizenship is an important part o this work. Thekey eature o the proposed system is that it aimsto increase community cohesion by ensuring allmigrants earn the right to citizenship and asksmigrants to demonstrate their commitment to theUK by playing an active part in the community.

1.4 SIMPLIFYING IMMIGRATION LAW

46. At the same time we need to make the legalramework clearer, more streamlined and easieror the public and migrants to understand.

12. Discussion groups were organised in Aberdeen, Birmingham, Bristol, Cardi , Croydon, Leeds, Newcastle, Nottingham andPortsmouth by the Central O ce or In ormation on behal o the Border and Immigration Agency


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47. Following the review o the immigration systemin July 2006, we made a commitment to simpli y and re orm immigration law radically.

48. We conducted an initial consultation onsimpli ying immigration law last summer setting out key principles or simpli cation and inviting views.

49. An analysis o the response to this consultation was published on 6th December 2007. Theconsultation document and the analysis o

responses can be ound at: www.bia.homeo fce.gov.uk/sitecontent/documents/aboutus/consultations/closedconsultations/simplifcation1stconsutlation/

50. Immigration law is very complex. TheImmigration Act 1971 is still at its heart. Sincethen ten other Acts have been overlaid on it - or good reason, as successive Governmentshave provided vital additions and strengthening measures to respond to the enormous changesthere have been over the last 35 years. The timeis now right or consolidation and rationalisationo the immigration law - a process which must also include immigration rules, secondary legislation, guidance and concessions outside therules.

Why does simplifcation matter?

51. It matters because complexity reduces thee ciency o the decision-making process,resulting in delay and increasing the risk o mistakes. It can make it di cult or applicantsto understand how they can come to or stay in the UK legitimately - or recognise quickly that they do not quali y to do so. It increasesthe likelihood o protracted legal challenge o re usals, making en orcement more di cult. And it contributes to a lack o public con dencein the overall e ectiveness o the system.

52. We want to make the most o this opportunity

to make our law more straight orward orall its users. Changes in the law will support and enable the wider work to trans orm theimmigration system and make it more e ective.It will support quicker, easier and more e cient

decision-making; minimise the requirement ordiscretion; and ensure both processes and likely outcomes are transparent.

53. Respondents to our initial consultation toldus that that we need to be e ective not just e cient; that we need to ensure consistent highquality decisions; and that we need to securethe con dence o all those involved in ora ected by immigration that we are operating acontrolled and air system. Changing the legal

ramework will not achieve that by itsel but will

enable, encourage and drive wider change.

54. All existing immigration laws will be replaced with a clear, consistent and coherent legal

ramework or the control o our borders andmanagement o migration.

55. Key provisions will be set out in a single ocusedpiece o primary legislation.

56. Chapter 7 contains urther details o ourproposals or simpli cation.

1.5 CONCLUSION

57. Immigration has always provoked debate. This is understandable. It a ects our country,our communities and every one o us bothpositively and negatively. But we are clear that Britain does and will continue to bene t romcare ully controlled migration.

58. This document goes on to detail our new visionor the journey to citizenship, rstly considering

the views o the British public in more detailand what other Western countries are doing (chapter 2), then setting out our new vision or who can quali y or citizenship and the stages inthe journey (chapter 3), be ore considering how migrants could earn the right to stay in the UK (chapter 4), going on to look at the issue o theimpact o migration on bene ts and services(chapter 5); considering EEA nationals (chapter6); then setting out more ully our proposed

simpli cation objectives and the re orms to thelaw that we propose to meet these objectives(chapter 7); and nally detailing how to respondto the issues raised in this paper (chapter 8).


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CHAPTER 2THE VIEWS OF THE BRITISH PUBLIC AND WHAT OTHERCOUNTRIES ARE DOING

59. There is a simple ambition behind our proposedre orm o the immigration system: to place the values o the British people at the heart o thejourney newcomers take towards citizenship. To do this, we are clear that we must listen toand take account o the views o the public indeveloping our re orms.

2.1 WHAT DOES THE BRITISH PUBLIC THINk?

60. To understand in detail the values that the publiceels should be at the heart o our immigration

system, we held nine public listening sessionsaround Britain, talking to hundreds o peopleabout the kind o changes they wanted to see 13.

61. The public is very clear that it wants to see amuch simpler, more straight- orward set o rules governing the way newcomers becomecitizens, with a much clearer set o rights andresponsibilities.

What are our shared values?

62. It is a common observation that British peoplehold only a loose sense o what shared British values are until people are aced with something that looks like a direct challenge to acceptednorms like tolerance and reedom o speech.

63. But people give a sense o whats important to them when asked what they would miss i they emigrated. The NHS was commonly cited,as were our values o tolerance, airness and

reedom o speech, a healthy disrespect orauthority and yet a keen sense o order.

Its hard to pin down [what a good citizen is]. You dont want migrants to lose their identity. But you do get big culture clashes. People need to accept and ft in at some level and undamentally show respect or the country. Newcastle participant

Multiculturalism is a two way street - they must accept us and change too Aberdeen participant

Integration 64. There emerged a divergence in the way

people eel about what the government or thelocal council is doing in terms o integrating newcomers, and what they personally shoulddo to help. O ten, people reported being in

avour o personally doing a little more and thegovernment, or local council, doing a little less.

65. There was a general acceptance that peoplerom di erent backgrounds could have di erent

cultural traditions and religious practices andthat these di erence should be respected. But people were concerned that cultural di erencescould obstruct integration, and that integrating was not just about understanding British lawsbut also learning about everyday behaviours.

66. There was a broad sense that people wanted tosee more o the onus to integrate placed on thenewcomer, but at the same time that integrationis not a one-way street in either direction, andthat there is more that British people could andshould be doing as individuals to make Britainand local communities more welcoming.

When people come into the country theyve got to eel part o Britain. We shouldnt do anything to make them eel separate Cardi participant

We should educate British residents not to be a raid o newcomers. Cardi participant

67. Some reported being keen to give up their timeto help people integrate. Others mentionedhow important it was or British people to makemore o an e ort to understand newcomerstraditions. This was based on a sense that Britainhas a long history o newcomers making acontribution to British li e and this was one o the countrys positive eatures.

68. In sum, the prevalent point o view was a

genuine desire to be welcoming, tempered

13. Discussion groups were organised in Aberdeen, Birmingham, Bristol, Cardi , Croydon, Leeds, Newcastle, Nottingham andPortsmouth by the Central O ce or In ormation (COI), on behal o the Border and Immigration Agency


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by a belie that the welcome should not beunconditional. The views we received wereunambiguous on three points in particular: it isimportant to speak the common language ,make an economic contribution to thecountry and obey the law .

2.2 kEY THEMES IDENTIFIED BY THE PUBLIC

Speaking English

69. Speaking a common language was the rst and

clearest value that the public identi ed. In every group discussion we saw, people were de nite that speaking English is the crucial basis on which every other e ort to create an integrated society is built.

Learning English is important - i youre not able to speak English you cant get involved. Croydon participant

Language is the most important element inintegration. Bristol participant

Immigrants can become excluded because o language. Getting them to learn English is key as they can then take responsibility or their own integration. Leeds participant

70. But, as well as being clear in their insistence onspeaking our common language, people alsogave signi cant thought to possible solutions,including:

Schools helping newcomers children to learnso that they can then help their parents

Employers helping their employees withlanguage lessons

Language lessons at local colleges

Less translation so that newcomers have tolearn English to access services and nd their way around

71. In addition to speaking the common language,the creation o a air ramework in whichnewcomers came to Britain and earned theirrights was seen as a key to success ul integration,

with making an economic contribution andobeying the law being the key determinants o whether they had done so.

Making an economic contribution

72. The second clear principal that emerged romour groups discussions was the importance o working and paying tax.

73. In essence, working and paying tax were seenas essential precursors to acquiring citizenship.

This idea o an economic contribution wasreasonably fexible and embraced;

Paying taxes or xed period o time

Making investments or having a lump sum tobring to the UK

Employing others

Being able to support onesel and ones amily through a permanent job

74. People had di erent ideas about the kindso checks that were desirable to con rm that a person was making a positive economiccontribution, but some kind o credit check toprove people were paying their bills, checks onproo o savings, check on tax contributionsmade, plus some kind o endorsement or sponsorship rom the employer wereconsistently mentioned.

75. Three ideas linked to the issue o making aneconomic contribution were o ten raised during discussions on this topic:

the idea o a di erential tax rate ornewcomers, including the possibility o higherNI contributions, or a higher rate o tax;

group participants were keen on minimumquali ying periods paying tax, be ore becoming eligible or citizenship. Time periods o in the

range o our to ten years were suggested;limits on access to bene ts in the periodbe ore citizenship were widely endorsed,particularly in relation to housing.

a.

b.

c.


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Obeying the law

76. The third clear principal was the need ornewcomers to obey the law and or immediateconsequences to ollow or those that broke it.

77. People were clear that migrants who wanted tobecome citizens should have no criminal record.Most were also clear that deportation should

ollow or anyone committing a serious o ence.But there were varied opinions with regard tominor o ences.

You could have a probation period during whichcitizenship could be revoked i a serious crime wascommitted Aberdeen participant

Migrants should have a clear criminal record or have proven themselves re ormed. Nottingham participant

Serious crimes (murder, rape, crimes against children) should exclude people - but not lesser o ences like shopli ting. There should be one chance to break law, but or serious crimes[people] should be deported immediately Croydon participant

2.3 FURTHER THEMES IDENTIFIED BY THEPUBLIC

Put new citizens on probation

78. A number o people mentioned the idea o provisional citizenship a period during whichcitizenship could be removed i a serious crime was committed. Some elt that i any new citizens committed a crime, they should havetheir citizenship revoked. Others saw citizenshipas absolute - once a citizen always a citizen, just as with British born citizens.

79. Checks or non-criminality were seen asimportant, and the Government was seen ashaving responsibility to ensure that British

citizenship was awarded only when it wasappropriate. In essence, people were in avouro a system which allowed or the possibility o denying citizenship to people i they brokethe rules.

Family

80. The public elt that dependants o migrants shouldbe able to join loved ones in Britain - but only i they were immediate amily. There was a strong

eeling that it is right to keep amilies together, andthat bringing dependants could have bene ts by encouraging people to work harder to give their

amily a good standard o living. At the same timeit was elt that there should be consequences wherea dependant commits a criminal o ence.

Bringing kids gives parents stability, helps themto settle, and gives them drive to work harder.Limiting people to living without amily is cruel. Birmingham participant

It is important to keep amilies together but you have to be responsible or them. I they cant control their kids they should have their statusrevoked as amily. Birmingham participant

Active citizenship

81. We tested the idea o asking newcomers toparticipate in some kind o community work. Formany in the discussions this was an important idea in particular or the contribution it could maketo better integrated communities. It was generally thought to be an idea that should be implementedas early as possible in the migrants journey intothe UK, and it was seen as a positive way in whichnewcomers could demonstrate a commitment toBritain by making every possible e ort to integrateinto the local communities where they lived.

82. But there were mixed views. In particular sometook the view that we should not ask newcomersto sign-up to things that many British citizensdid not get involved in.

We cant expect new citizens to behave di erently rom UK citizens or pass tests we cannot pass

ourselves. Bristol participant

Some British people dont contribute, how can we ask newcomers to do so? I you havent committed a crime and paid your taxes, then youve done enough. Newcastle participant


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2.4 PUTTING BRITISH VALUES AT THE HEART OFTHE IMMIGRATION SYSTEM

83. In line with our objective o putting British values at the heart o the immigration system, we have used the views we heard rom theBritish public in developing our proposals. The

ollowing chapters set out the proposals. 2.5 WHAT OTHER COUNTRIES ARE DOING

84. At the same time we are clear that increased

migration is not something which is unique toBritain. Almost all advanced industrial states aretoday experiencing aster rates o immigration.It is a phenomenon that is intimately linked toglobalisation.

85. Germany has become a major country or immigration, largely as a result o its

guestworker programmes in the 1960s/70sand an infux o eastern European immigrants

ollowing the collapse o communism.Immigrants now make up around 9% o Germanys population, and 19% i EU citizensand those naturalised are counted 14.

86. Spains population is now 45 million o which10% are immigrants, a signi cant increase rom3% in 2000. In recent years there has been alarge infux o Romanians (527,019). And most immigrants now come rom the EU, overtaking Latin Americans as the biggest oreign group. A rican migrants represent 19% o the total 15.

87. Italy is currently experiencing rapidimmigration. Around 170,000 working migrant permits are issued annually, and in2007 a urther 320,000 oreign nationals, inItaly without legal papers, had their presenceregularised. The main groups are Romanians,Moroccans, Albanians and Chinese. In total,

oreign residents now number over 3 million 16.

88. Immigration and border control continue to besigni cant topics or debate in the USA with American legislators wrestling with the issue o how to deal with the estimated 12 million illegalimmigrants in the country 17.

89. So it should come as no surprise to see most Western countries modernising their arrangements

or integrating new citizens with a much greateraccent on the need or newcomers to more visibly demonstrate a commitment to their new home.

90. France made it compulsory or oreigners wishing to reside long-term in France to sign a welcome and integration contract in July 2007,and is now introducing French tests abroadbe ore issuing long-term residence visas.

91. Spain has just issued its rst Strategic Planor Citizenship and Integration 2007-2010,

including aspirations to oster knowledge[o ]the social norms and habits in Spanish society.

92. In 2007, Germany launched its rst everNational Integration Strategy. Integrationmeasures have also been introduced to providemandatory Germany language courses or allarrivals and a basic knowledge o Germanhistory and institutions.

93. Italy has plans to re orm its legislation oncitizenship, which include proposals or theintroduction o a language and social integrationtest.

94. Elsewhere, in 2006 the Netherlands introducedcivic integration exams as part o theirrequirements or a residency visa; Sweden isencouraging its municipalities to hold moreceremonies or new citizens; and in Finland theMinistry o the Interior became the Ministry orInternal Security and Migration on 1st January 2008, with all migration and integration mattersnow dealt with by this new migration department.

14. Bundesministerium des Innern - www.bmi.bund.de15. Instituto Nacional de Estadictica - www.ine.es16. Istituto Nazionale di Statistica - www.istat.it 17. Size and Characteristics o the Unauthorized Migrant Population in the U.S. Estimates Based on the March 2005 Current

Population Survey, Je rey S. Passel (Pew Hispanic Center, March 2006)


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95. Even countries with a long tradition o structured integration are making changes.

Australia introduced citizenship tests likethe UKs in September 2007 and, rom mid-October, sign-up to a Values Statement ismandatory or getting a visa. And in theUS , the O ce o Citizenship created by theHomeland Security Act o 2002 is upgrading its naturalisation tests too. Applicants will haveabout a year to prepare or the exams which willbe introduced in 2008.

96. It is against this backdrop that we areintroducing our own re orms to the citizenshipjourney to introduce the concept o earnedcitizenship by the terms o which anyone who wishes to live here permanently must speak our language, obey the law and contribute tothe community, and at the same time we aim tocreate a system that is clearer, simpler and easierto understand.


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CHAPTER 3THE ARCHITECTURE OF THE SYSTEM - WHO CAN QUALIFYFOR CITIZENSHIP AND THE STAGES IN THE JOURNEY

97. The re orms we are proposing to theimmigration system apply to non-EEAnationals. Chapter 6 covers our proposals inrespect o EEA nationals.

98. There needs to be absolute clarity about whichmigrants are eligible to become citizens, and thestages through which they progress to reach that status. There are three problems in particularthat this chapter addresses:

At present the overall architecture o the

system is complex and the public ndsit di cult to understand who is allowed toremain here.

The di erent stages that migrants movethrough are not clear . We want to createa new clear process which all migrants whoare eligible to become citizens will have to gothrough.

There is not enough incentive or migrantsto complete the journey to citizenship . We want to encourage newcomers with the right values to become British citizens rather thanpermanent residents, so that they can become

ully integrated into our society.

In developing the new process we have beenmind ul o the need to put British values at theheart o the system and to simpli y immigrationlaw, making the rights and responsibilitieso migrants clearer as they begin theirjourney through a simpler and more e ectiveimmigration system.

99. This chapter sets out the proposed routes tocitizenship and the proposed stages in thejourney .

3.1 OVERALL ARCHITECTURE OF THE NEWSYSTEM

100. In uture there will be three key routes tonaturalisation as a British citizen :

Highly skilled and skilled workers whohave entered under the points-based systemand are working and paying taxes, and theirdependants ( economic migrants )

1.

2.

3.

a.

Family members o British citizens andpermanent residents ( amily )

Those in need o protection ( re ugees andthose granted humanitarian protection )and their dependants

101. And three stages in the journey:

Temporary residence



102. Under the new system migrants with a routeto citizenship will need to complete a periodo temporary residence be ore being eligible to

progress to probationary citizenship, the secondstage in the journey.

103. Visitors and migrants who enter the UK under Tiers 4 and 5 o the PBS will be classed astemporary residents but will not be eligibleto progress to probationary citizenship.Migrants who are ineligible or ail to quali y

or probationary citizenship will be expectedto leave the UK.

104. Probationary citizenship will be a urthertime-limited stage a ter which migrants willbe able to complete their journey to Britishcitizenship . Migrants who choose not tobecome British citizens will be able to progressto permanent residence . The below chart setsout the basic architecture o the new system visually.

3.2 THREE ROUTES TO CITIZENSHIP

1. Economic Migrants: highly skilled and skilled workers under the points-based system (Tiers 1and 2 o the PBS)

105. The Points Based System (PBS) is being phased in rom 2008 and will enable us to

control migration to the UK more e ectively,maximising the economic bene ts o migrationby making sure only those Britain really needscome here to work.

b.

c.

a.

b.

c.


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This is because points will be awarded underthe new system based on advice rom the new Migration Advisory Committee (MAC), createdto help us ensure we only get people with theright skills or the UK; and the new MigrationImpacts Forum (MIF), which helps ensure wetake into account the impact o migration onpublic services and communities. Under thenew system all employers, colleges and others who bene t rom migration and wish to act as sponsors will need a licence to do so. This

means they will need to agree to ul l certainduties. This is a crucial part o the system and will help strengthen our controls against abuse.

106. The PBS consists o 5 tiers to replace theapproximately 80 routes to work and study that currently exist:

T o B r i

t i s h

C i t i z e n s h

i p

T o

P r o

b a t i o n a r y

C i t i z e n s h

i p

Leave Uk Leave Uk Leave Uk

Figure 1. Architecture o the new system: entry to citizenship

3. British citizenship

Full entitlements torights and benefts

Completion o the journey to citizenship

1. Temporary residence

Eligible or Citizenship

Economic Migrants Highly skille an skille

workers n er Tiers 1an 2 o the PBS (an

epen ants) Family

Family members o Britishcitizens an permanentresi ents

Re ugeesRe gees an thosegrante H manitarianProtection (an

epen ants)

Ineligible or Citizenship

No ro te to citizenship orpermanent resi ence

Students (Tier 4 o the PBS) Youth Mobility and

Temporary Wor ers (Tier5 o the PBS)

Tier 4 & Tier 5Dependants

Visitors

O r

P e r m a n e n

t

R e s

i d e n c e

Permanent residence

Indefnite leave toremain in the Uk

Can switch toCitizenship at a laterdate

2. Probationary citizenship

Further Temporary Leave During this stage

migrants willdemonstrate whetherthey have earned theright to progress toeither British Citizenshipor Permanent Residence,or they will leave the Uk.


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Tier Description

1 Highly skille , e.g. scientists or entreprene rs

2 Skille workers with a ob o er, e.g. n rses,teachers, engineers

3 Low skille workers lling speci c temporarylabo r shortages, e.g. constr ction workers ora partic lar pro ect. (Tier 3 will not be intro cewhilst we retain restrictions on access to thelabo r market or B lgarian an Romanians anwill only be intro ce in the t re i con itions

emonstrate that it is nee e )

4 St ents

5 Yo th mobility an temporary workers, e.g.working holi ay makers or m sicians coming toplay a concert

107. Highly skilled workers (Tier 1) and skilled workers with a job o er (Tier 2), will have aroute to citizenship or permanent residenceunder the new system. Migrants in the otherthree Tiers will not.

Tier 1

108. This Tier consists o highly skilled workers,entrepreneurs and investors bringing the skillsthat we need to boost our economy.

The objective is to attract the most highly skilled individuals to the UK who will contribute to economic growth andproductivity. It replaces the Highly SkilledMigrant Programme (HSMP) which introducedmany o the changes in 2006.

Key eatures:

Points will be awarded or quali cations,previous earnings and age

Additional points will be awarded i earningsor quali cations have been gained in the UK

A high level o English language is required

Unrestricted access to UK labour market

Tier 2

109. The objective o Tier 2 is to attract skilledindividuals to the UK to ll speci c jobs which cannot be lled within the EuropeanEconomic Area (EEA). By lling these jobsthey will contribute to the economic growth andproductivity o the UK.

110. Key eatures:

These will be skilled workers with a speci c

skilled job18

o er.

Migration under this Tier will be employer-led. The applicant needs a job o er rom alicensed sponsor in the UK.

Points are awarded or quali cations andprospective earnings.

Points are awarded or migrants quali ed inparticular shortage occupations, depending onthe needs o the economy as determined by the Migration Advisory Committee (MAC).

Leave to remain in the UK is linked to lengtho job contract.

English language is required.

The migrant can be brought in only i theemployer can demonstrate that there is nosuitable worker rom within the EEA.

111. We will issue a Statement o Intent or Tier 2prior to its launch. This will allow people whomay be a ected by the changes to have time toprepare or them. Roll out o Tier 2 is scheduled

or Autumn 2008.

112. Highly skilled and skilled workers will be ableto bring their immediate amily (partners andchildren) with them to the UK, but only i they areable to support them. This refects the views o thepublic that it would be harsh to split up amilies.

For urther in ormation about the PBS with ulldetails o Tiers 1 and 2, please see Annex A.

18. The job must be at skill level NVQ 3 or above


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2. Family members o British citizens and permanent residents (the amily route)

113. This category involves uniting British citizensand those allowed to stay permanently withloved ones (their partners and dependants).

114. We intend to continue to allow Britishcitizens and permanent residents to sponsorpartners, children under 18 and elderly andother dependent relatives to come to the UK,recognising our human rights obligations.

3. Those in need o protection (re ugees andthose granted humanitarian protection)

115. Under the 1951 Geneva Convention relating tothe status o Re ugees, we are obliged in certaincircumstances to provide protection to persons who are outside o their country o nationality and can show that they have a well ounded earo persecution or a Convention reason 19 intheir country o origin.

116. We remain ully committed to the Conventionand will continue to honour our internationalobligations to those who need our protection.

117. Additionally, as at present, we will not removeanyone rom the UK where there are substantialgrounds or believing that the person would

ace a real risk o su ering serious harm inthe country o return 20. Where such a personcannot return to their country voluntarily, we will grant humanitarian protection (HP) 21.

3.3 THREE STAGES IN THE JOURNEY

118. We propose that there should be three stages ina migrants journey to naturalisation as a Britishcitizen with clear requirements at each stage. The three stages are:

Temporary residence



1. Temporary residence

119. This is the initial time-limited period during which economic migrants will contributethrough taxes; where amily members will besupported by their sponsor or will prove beyond

doubt that they are sel su cient; and those inneed o immediate protection will be allowed tostay. Those who do not quali y or probationary citizenship must leave the UK.

2. Probationary citizenship

120. Probationary citizenship is a new stage which istime-limited to encourage migrants to completethe journey to citizenship and integrate ully into British society. It is intended to provide astepping stone between temporary residenceand British citizenship/permanent residenceduring which migrants will demonstrate that they have earned their right to British citizenshipor permanent residence, and refects the support we heard rom the British public or some ormo provisional citizenship.

3. British citizenship/permanent residence

121. This is the stage at which people will completethe journey to citizenship or, i they eel unableto do so or are not immediately eligible orcitizenship, permanent residency.

122. At present, approximately 60% o migrantsgranted inde nite leave to remain choose tobecome British citizens. We want to encouragethose with the right values who want to settlein the UK permanently to complete their

1.

2.

3.

19. There are ve Convention reasons: race, religion, nationality, political opinion or membership o a particular social group.Granting Re ugee status is subject to certain exclusions and dependant on the individual ul lling urther criteria. For ull detailssee www.bia.homeo ce.gov.uk/asylum/

20. This is subject to certain exclusions, or the ull criteria and what constitutes serious harm see http://www.bia.homeo ce.gov.uk/asylum/

21. Subject to certain exclusions see http://www.bia.homeo ce.gov.uk/asylum/


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journey to citizenship, rather than choosing permanent residency. This is because we seethe assumption o British citizenship as thecompletion o a newcomers journey, andmuch more desirable as it aids success ulintegration. Once citizenship is obtained, aperson ceases to be a migrant and can become

ully integrated into our society, with equalrights - including ull voting rights, the ability to apply or a British passport and eligibility

or consular services when abroad - andresponsibilities alongside all British citizens,

regardless o their origin.

123. We recognise though that some people willeel unable to apply or British citizenship

- because o restrictions on holding more thanone nationality in the law o their country o origin - and we have taken this into account in the proposed architecture. We intend toprovide a clear route or migrants to becomepermanent residents, as an alternative route toBritish citizenship, but all migrants will need tospend longer as probationary citizens i they choose this route. A shorter progression time toBritish citizenship rom probationary citizenshipis intended to encourage migrants to chooseBritish citizenship above permanent residence.

3.4 GATEWAY PROTECTION PROGRAMME

124. The Gateway Protection Programme is the UKsinternational commitment to o er permanent protection or re ugees in vulnerable situations where resettlement in a third country is the only solution.

125. The Gateway Programme was establishedin 2002 and is run in conjunction with theUNHCR. At present, Gateway re ugees aregranted settlement on arrival in the UK withno requirement or an active review. Our view is that re ugees arriving under the Gateway programme should not be subject to an activereview and should move directly to permanent residence on arrival in the UK, recognising the

act that their status as re ugees has already beenestablished be ore their arrival in the UK.

3.5 OTHER CATEGORIES

126. The objective o the new architecturedescribed in this chapter is to create a new clear ramework or the journey to citizenshipand clari y the routes to British citizenship/permanent residence via probationary citizenship. However we recognise that there arethree key categories where we should retain adirect route to permanent residence:

Those discharged rom HM Forces who have

completed 4 years service;

Victims o domestic violence who wereadmitted as a partner o a British citizen orpermanent resident and;

Bereaved partners: those who were admittedas a partner o a British citizen or permanent resident and the sponsor has died during the2 year probationary period.

127. In these cases we propose that individualsshould move directly to permanent residence,provided that they meet the rules relevant totheir category.

128. Our view is that those in the rst category should bene t rom this as they havedemonstrated their commitment to the UK through their service in the armed orces. And that in the cases o victims o domestic violence and bereaved partners there are soundcompassionate reasons or retaining the right topermanent residence.

129. We also need to determine the position o the UK ancestry and retired persons o independent means routes within the new system.

130. The UK ancestry provisions were introducedin 1972 and allow a Commonwealth citizen,aged 17 or over, to come to the UK providedhe is able to show that one o his grandparents

was born in the UK and that he intends to takeor seek employment in the UK. This routecurrently provides an avenue to settlement a ter

ve years, in line with existing employment routes. Those entering under the UK ancestry

1.

2.

3.


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CHAPTER 3 THREE ROuTES TO CITIZENSHIPANd THREE STAGES IN THE jOuRNEY

Consultation Questions

1. Are all parts o the system set o t here (i.e.the three ro tes to citizenship an the threestages in the o rney) clear an easy to

n erstan ?

2. do yo think the concept o probationary

citizenship is a goo i ea?

3. Migrants o certain nationalities may choosenot to become British citizens beca seo restrictions on hol ing more than onenationality in the law o their co ntry o origin.do yo think that a permanent resi encecategory sho l be provi e or persons inthis sit ation?

4. do yo think the uK ancestry ro te sho l beabolishe ?

5. do yo think the retire persons o in epen ent means ro te sho l beabolishe ?

route have ree access to the labour market onentry. Given that the proposed immigrationsystem provides explicit routes to the UK orthose coming as economic migrants, amily members or re ugees, we need to decide whether a Commonwealth nationals ancestralconnections to the UK are su cient to allow them to come here to work without the needto satis y a resident labour market test. We arethere ore asking this question as part o theconsultation contained within this paper. We willtake the results o the consultation exercise into

account be ore coming to a decision.

131. Retired persons o independent means cancome to the UK i they are aged 60 or over,have an income o at least 25,000 a year, havea close connection with the UK, intend to makethe UK their home and are able to nancially support themselves. This route provides anavenue to settlement a ter ve years. Migrantsentering the UK through this route are not required to have worked or paid taxes in the UK but have ree access to healthcare on arrival and

ull access to the bene t system a ter 5 yearsin the UK. The bene ts gained by migrantsentering through this route are clearly not matched by the contributions they will make and we need to decide there ore whether the time isnow right to abolish this route.

132. Again, this question eatures within the list o questions that we are asking in this consultation.

133. In setting out the new ramework we also needto be clear about what we require o migrants toallow them to progress through the system. Thisis the subject o the next chapter.


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CHAPTER 4EARNING THE RIGHT TO STAY - WHAT WE REQUIRE OFMIGRANTS TO PROGRESS THROUGH THE SYSTEM

4.1 INTRODUCTION

134. At present the way migrants progress throughthe system is too complicated. This makes it hard to explain who is here and why, uelling misconceptions that the UK is a so t touch,even though the reality is di erent. And we want the immigration system to do more toencourage newcomers with the right values andcommitments to integrate with British li e.

135. We need a journey to citizenship that:

matches migrants rights more clearly withresponsibilities;

enables migrants to demonstrate a more visible and more substantial contribution toBritain and;

we need to ensure that there are appropriaterequirements that migrants have to meet at thecitizenship and permanent residence stages,given the rights and bene ts that are availableat these stages.

136. This means not only simpli ying the stageso a newcomers journey to citizenship, but also ensuring that movement along the path isearned.

137. The stages in the journey were introduced inchapter 3. We believe that there are our ways in which the right to pass on rom stage to stageshould be earned:

Improving command o the Englishlanguage

Working hard and paying taxes : applicantson the economic migration route must demonstrate their contribution to theeconomy by paying taxes and proving sel su ciency; and dependants o Britishcitizens or permanent residents must demonstrate that they have su cient unds

to support themselves, with partners also

1.

2.

demonstrating the genuine nature o arelationship.

Obeying the law

Demonstrating active citizenship : wepropose to speed up the passage throughprobationary citizenship or those who havedemonstrated active engagement in the widercommunity

4.2 ENGLISH LANGUAGE

138. As detailed in chapter 2, our public listening events ound very strong support among thepublic or the view that the ability to speak English is the most important actor a ecting the integration o a migrant to the UK; and very strong support or the view that the ability tospeak English should be an important criterionin considering whether to grant a personcitizenship.

139. Because we want to put British values at theheart o the immigration system we propose tostrengthen the English language requirements within the journey to citizenship. We believe we should expect those with a long term uturein the UK, whether as probationary citizens,permanent residents or ull British citizens, todemonstrate progress in their grasp o Englishlanguage and knowledge o li e in the UK.

140. Evidence suggests that fuency in Englishincreases the chance that an ethnic minority immigrant in the UK is employed by about 22percentage points and raises their likely earningsby 18-20%22. Free ESOL provision is targeted at those most in need to support our objective o maximising the economic bene ts o migrationto the UK.

141. The current position is that migrants areexpected to demonstrate English languageability and knowledge o li e in the UK be orebeing granted settlement. A small number

o migrants such as bereaved spouses/civil

3.

4.

22. Language pro ciency and labour market per ormance the experience o immigrants to the UK, Christian Dustmann andFrancesca Fabbri (Economic Journal, July 2003)


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partners are exempt rom this requirement at settlement but must meet these requirementsbe ore being granted citizenship. They do thiseither by completing an ESOL (English orSpeakers o Other Languages) course anddemonstrating progression rom one ESOLlevel to the next (i they are assessed as below ESOL Entry 3) or by taking the Li e in the UK test, (which is aimed at ESOL Entry 3 or above).ESOL Entry 3 requires the migrant to be able tounderstand and communicate on amiliar topics, write simple text and describe experiences and

emotions. A table with ull details o the ESOLlanguage levels and how they relate to theCommon European Framework o Re erence(CEFR) is at Annex B.

142. In the new system this provision will apply to those seeking to progress rom temporary residence to the probationary citizenshipstage. Those currently exempt at settlement will continue to be exempt at probationary citizenship. However they will still have tomeet the requirements in order to quali y orcitizenship or permanent residence, unless they have a legitimate claim or exemption under themore limited naturalisation criteria o age ordisability.

143. Additionally, through the points based system we will expect the vast majority o workers tospeak English. We are currently consulting on whether those seeking a marriage visa shouldalso be expected to demonstrate some level o English ability. The consultation document canbe ound at:

www.bia.homeo fce.gov.uk/sitecontent/documents/aboutus/consultations/

preentryenglishrequirement/

4.3 MINIMUM TIME PERIODS FOR PAYINGTAX, PROVING SELF SUFFICIENCY ANDDEMONSTRATING GENUINE RELATIONSHIPS

144. Demonstrating a level o ability in Englishlanguage is one o the requirements to

progress through the new system. Anotherkey requirement is that economic migrantsseeking to progress through the system must demonstrate that they have paid their way in theUK over a period o time.

145. Also, amily members o British citizens orpermanent residents will need to demonstrate that they have su cient unds to support themselves without becoming a burden on the state. Partnerso British citizens and permanent residents willneed to demonstrate the genuine nature o theirrelationship to progress through the system.

Temporary residents

146. Those who arrive as economic migrants witha potential route to permanent citizenship (i.e.

Tier 1 and 2 o the PBS) would be eligible tobecome probationary citizens a ter 5 years,provided that they have demonstrated that they have contributed to the economy, including through the payment o taxes. Students in tier4 o the PBS who switch into the highly skilledtier will have to complete 5 years as a highly skilled migrant in their own right be ore being eligible or probationary citizenship.

147. Re ugees and those granted humanitarianprotection will also be eligible or probationary citizenship a ter 5 years. But to quali y orprobationary citizenship they will have to show that they are still in need o protection. I they are ound not to be still in need o protectionthey will be required to leave the UK.

148. Those who quali y as amily members o Britishcitizens or permanent residents would be eligibleto become probationary citizens a ter 2 years. Toquali y or probationary citizenship they will needto demonstrate they can support themselves orbe supported by their sponsor, who must beeither a British citizen or a permanent resident.Partners will also need to demonstrate that theirrelationship is still subsisting.

Probationary citizens

149. To incentivise migrants to make the commitment to becoming British citizens and ully integrateinto society, probationary citizens would beable to apply or citizenship a ter a minimum

period o 1 year.150. Migrants who wish to become permanent

residents , on the other hand, by choice orbecause they are unable to become British


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citizens, would spend a minimum o 3 yearsas probationary citizens.

151. To encourage migrants to actively contribute tothe wider community, they will only be eligibleto quali y or the minimum time periods (1 year

or progression rom probationary citizenshipto British citizenship - and 3 years probationary citizen to permanent residence) i they havedemonstrated such a contribution. See section4.4 below or urther details.

152. During the probationary citizenship stage,economic migrants would be required tobe sel su cient, but not restricted to theemployment or which they entered the UK.

153. Those on the amily route will be requiredto demonstrate that they are sel su cient or supported by their sponsor and that theirrelationship is subsisting.

Dependants

154. We believe that economic migrants should beable to bring dependants but only partnersand children. Not to do so would e ectively split amilies apart. Dependants o economicmigrants and re ugees who accompanied themain resident on their arrival, and remained withthem, would also need to spend the same amount o time in each category as the main applicant.

155. This will mean that highly skilled and skilledmigrants (in tiers 1 and 2), their dependants,re ugees and their dependants, and dependantso probationary citizens will need to complete5 years as temporary residents in their ownright be ore they are eligible or probationary citizenship. Dependants would also need tobe supported by the main applicant, to havedemonstrated English Language ability andknowledge o li e in the UK and obeyed the law be ore moving to probationary citizenship.

156. Dependants who become probationary citizens

will be eligible or British citizenship a tercompleting a minimum period o 1 year in theirown right and or permanent residence a tera minimum o 3 years. To quali y or Britishcitizenship and permanent residence dependants

will need to be supported by the main applicant and to have obeyed the law.

Summary

157. The time periods that migrants are requiredto spend in each stage o the process aresummarised in the table below.

Stage in theJourney toCitizenship

Time Period in that Stage

TemporaryResidence

1. Economic Migrants(Highly skille an skille workers

n er Tiers 1 an 2 o the PBS- an epen ants)Five years

2. Family(Family members o Britishcitizens an permanent resi ents)Two years

3. Re ugees(Re gees an those granteh manitarian protection - an

epen ants)Five years

Probationary

Citizenship

All three ro tes (economic

migrants, amily an re gees)have the same time perio s in thisstage:

o To progress to citizenship : aminim m o one year

o To progress to permanentresidence : a minim m o threeyears

PermanentResidence

Persons in this category canremain in the uK in e nitely, b tcan progress to British citizenship,i they meet the criteria.

BritishCitizenship

Completion o the o rney. F llrights an bene ts.


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4.4 THE EFFECT OF CRIMINAL ACTIVITY ON AMIGRANTS JOURNEY THROUGH THE SYSTEM

158. We expect those who come here to respect British values and abide by the rules, as set by Parliament.

159. We have adopted an increasingly robust approach within the immigration system to migrants whobreak the law in recent years. Foreign nationalprisoners who meet the relevant criteria are nolonger released without considering deportation.

We have amended the Immigration Rules toreduce the grounds on which deportation might be prevented, and we have legislated throughthe UK Borders Act so that oreign prisonersconvicted o serious crimes will ace automaticdeportation unless one o a narrow set o exceptions applies. At the same time, we havesecured record numbers o removals o Foreignnational prisoners, removing 4,250 in 2007.

160. But we need to go urther. We are entitled toexpect migrants who aim to settle permanently in this country to act responsibly and to abide by our laws. On 1st January 2008 we tightened ourpolicy on citizenship so that oreign nationals will not normally be allowed to become British i they have criminal convictions 23. This means allthose given sentences o 30 months or more willnormally never be entitled to citizenship.

Slowing a migrants journey to permanentresidency

161. Migrants with criminal convictions alling withinour deportation criteria will not be allowed toprogress to probationary citizenship and will beremoved rom the UK. Even where there arelegal barriers to removal, those who have suchconvictions, and/or are excluded rom asylumor international protection, will be prevented

rom progressing to probationary citizenship.

162. For less serious criminal o ences24, we areproposing the ollowing approach. I a

temporary migrant has been to prison, their

application or probationary citizenship wouldbe re used. They would then be subject toremoval action at the end o their temporary residence in accordance with the Agencyspriorities. The one exception to this is whereremoval would breach our obligations underthe Re ugee Convention or the ECHR. In suchcases, we would propose to make the individualsconcerned complete 5 years as probationary citizens be ore being eligible or permanent residency in the UK.

163. We propose to adopt a similar approachto crimes committed by migrants whileprobationary citizens. I they commit a crime

alling within our deportation criteria, then we would seek to deport them. I they go toprison or a lesser o ence, we would re useany application or citizenship or permanent residency and seek to remove them.

164. As well as taking a robust approach wherenewcomers have been to prison, there willbe consequences or those involved in minorcriminality. One approach would be that wherea newcomer has a criminal conviction or ano ence that did not attract deportation, and which did not involve a custodial sentence,they should still be made to spend at least oneextra year as a probationary citizen be ore being eligible or permanent residence. A urtherapproach would be to consider preventing newcomers rom becoming probationary citizens even where they had not been given aprison sentence, but where the crime involved violence, drugs or a sexual o ence. This woulddemonstrate that we expect the highest standardsand that are consequences or those who donot respect the law. There may be a need or anelement o discretion - or example, waiving treatment o o ences that resulted in a binding-over order, absolute or conditional discharge.However, we would normally extend the periodin probationary citizenship by two years i thereis a repeat o ence below the level attracting a prison sentence. We are consulting on this

approach.

23. Subject to provisions o the Rehabilitation o O enders Act 197424. Subject to the provisions o the Rehabilitation o O enders Act 1974


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165. We believe that parents have the ability to shapeand infuence their childrens behaviour and that they should be encouraged to do so.

166. In line with this thinking we are considering whether progression to citizenship orpermanent residence could be stopped ordelayed or those whose children commit criminal o ences. We do recognise there area number o issues and concerns, both inoperational and policy terms, related to this that will need to be developed and explored be ore

such a proposal could be introduced. We would welcome views on this proposal.

4.5 ACTIVE CITIZENSHIP

167. We want to do more to encourage all migra

uk visa path to citizenship

Documents