Nationality

As the Path to Citizenship Green Paper announced nearly a year ago  – the new Borders, Citizenship and Immigration Bill introduces the operation of a kind of “earned citizenship” of the UK.  The bill was partially published in draft form in July of last year.  The complete bill received its first reading in the House of Lords on Wednesday 15 January of 2009.  

In a landmark decision issued on 25 July 2008 the European Court of Justice’s Grand Chamber has found that the people married to or in a civil partnership with a citizen of the European Union (the “EU”), and who are not themselves EU citizens, must be allowed to remain in their spouse or partner’s home country.  

The government yesterday published a draft version of its immigration and citizenship Bill.  Back in February we reported the government’s Green Paper Path to Citizenship.  The consultation period announced then closed at the end of May.   The Bill’s consultation period now begins.  If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year. 

The European Parliament’s Commission on Petitions has decided that a petition questioning the correctness of the United Kingdom’s “transposition” of Article 16 of Directive 2004/38/EC (the “Citizens’ Directive) is admissible.   Article 16 of the Citizens’ Directive gives nationals of the European Union  the right to reside permanently in member states in which they have resided for five years. “EEA nationals” (nationals of the European Economic Area) are citizens of the European Union as well as nationals of Norway, Iceland, Liechtenstein and Switzerland.

In a determination demonstrating the Immigration Judge’s inspired interpretation of international refugee law a client of Gherson has succeeded in his appeal against the Secretary of State’s refusal to vary his leave to remain to that of a refugee.   

EU law has become a valuable instrument for EEA (European Economic Area) nationals and their non-EEA family members when exercising their rights to live, work and settle in the UK. However, the transposition of EU law into UK domestic law by the Immigration (EEA) Regulations 2006 has also caused confusion and concerns.

The UK Home Office is consulting on proposals radically to ‘simply’ UK immigration law. The consultation paper includes a discussion of the Points-Based system being introduced for those coming to work or undertake economic activity in the UK.

Citizenship ceremonies have been an integral part of the process of naturalising as a British Citizen since January 2004 when it was decided that private affirmations of allegiance to the British Crown (the Queen) were not celebratory enough to mark such a momentous occasion.  It was felt that public ceremonies were a much more fitting way of marking a person’s welcome into British society. Until 1 June 2007, these ceremonies were conducted in English. Now, however, it is possible to make the oath or affirmation and pledge in Welsh if you naturalise or register in Wales. The wording of the affirmation or oath and pledge in Welsh are as follows:

Two UK government ministers have suggested that immigrants could have the chance to "earn" British citizenship under a points-based system. This comes just four months after the British Chancellor and future Prime Minister, Rt Hon Gordon Brown MP, suggested on 27 February 2007 that immigrants should do community work to help them settle before being granted British citizenship. Mr Brown was reported as saying: