Transitional Arrangements for Earned Citizenship

24th September 2009

The UK Border Agency has announced transitional arrangements for migrants who will be on the journey to British Citizenship when “earned citizenship” is introduced.

The Borders, Citizenship and Immigration Act received Royal Assent on 21st July 2009. The Act gives effect to a new legal status of earned citizenship, which will be introduced in July 2011.

If a migrant has already been given Indefinite Leave to Remain (also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a “permanent resident”. They will not need to pay or apply for this status. They will be eligible to apply for British Citizenship under the current rules during the first two years after earned citizenship is introduced.

If a migrant has applied for indefinite leave to remain before the date when earned citizenship is introduced, and is subsequently granted indefinite leave to remain, they will be eligible to apply for British Citizenship under the current rules during the first two years after earned citizenship is introduced.

The introduction of earned citizenship has been postponed by six months, to give people time to adjust to the new system and to allow more applicants who are already in the United Kingdom to apply under the current rules. Earned citizenship will now be introduced in July 2011.

All applications for indefinite leave to remain and British Citizenship received before earned citizenship is introduced will be dealt with under the current system.

Please contact your Magrath representative for further guidance on the changes to permanent residency and citizenship.