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Nationality _ Update

A new version of the Form AN has been published by the UK Border Agency. This form is used by applicants who wish to naturalise as a British citizen.

Following a review, the UK Border Agency has split the current naturalisation guidance in two documents which are as follows:

  - Guide AN which is an explains how to complete the form

  -  Booklet AN which provides comprehensive details as to the requirements of naturalisation and
     explains the way that the Secretary of State exercises their discretion.
It is advised that from now on applicants applying for naturalisation under section 6 of the British Nationality Act 1981 should use the new versions of the application forms together with the accompanying guidance documents (these are dated September 2010).
In what is said to be the first major speech by the Home Secretary with regards to immigration, she has committed to changing the current government policy and amongst other things she aims to ensure that UK is only available to those who are seen as to be the brightest and the best.
The Home Secretary spoke to an audience consisting of key immigration partners at London’s Policy Exchange where she restated the government’s commitment to reducing net migration to the tens of thousands by the end of this Parliament, clarifying that this cannot be done through the current points-based system alone.

She announced the government’s approach to reforming the settlement rules including a formal decision not to pursue the so called “earned citizenship” policy.

This earned citizenship was planned to come into effect in July 2011 and concerned the path to settlement and British citizenship. However, it will no longer be introduced.

In the light of this, the UK Border Agency has said that further announcements and developments with regards to this issue will be announced in due course. Meanwhile, the existing rules and requirements for settlement and obtaining citizenship continue to remain in place.

Amongst many things, the Home Secretary has prioritised her focus points as follows:


-          To encourage an increase in the number of entrepreneurs and investors to enter the UK

-          Ending the abuse of the student route

-          Shortening the link between applicants who enter the UK on a temporarily basis and permanent settlement

The Home Secretary clearly stated that the government is determined in increasing the number of high-value migrants who come to the UK, examples include investors and research scientists. Furthermore, employers must be encouraged to fill vacant jobs with those who are unemployed and already in the UK.

When concluding her speech, she admitted that it would be a difficult task to reduce the net migration from its current level of hundreds of thousands to that of the government’s aim which is tens of thousands.
Transitional arrangements 

UK Border Agency has announced the following transitional arrangements:

·         If you have already been given indefinite leave to remain on the date when earned citizenship is introduced, you will automatically be considered to be a 'permanent resident'. You will not need to pay or apply for this to occur. You would also be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.


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


·         The UK Border Agency will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP).


·         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





For further information please contact us on 0208 995 3556 or on 0844 556 9901. You can also email us at email us at info@descartessolicitors.co.uk  or visit us at http://www.descartessolicitors.co.uk .








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