Changes to British Citizenship pursuant to the Borders, Citizenship and Immigration Act 2009

The Borders, Citizenship and Immigration Act 2009 (BCIA 2009) received Royal Assent in 2009. The BCIA 2009 makes changes to border functions and a number of miscellaneous immigration matters. However, the most significant change it introduces is with respect to citizenship and how foreign nationals may acquire British citizenship in the UK. This article seeks to highlight these changes in some detail.

Introduction

An article on the proposed changes to our current British citizenship and nationality laws1 would not be complete without considering the broader context in which the BCIA 2009 was passed. In 2005, the Government proposed sweeping changes to the UK's immigration system. This began with the introduction of the Points Based System in 2008, radically changing the ways in which migrants are able to enter and work in the UK, the idea being that only those who would be deemed as fit to contribute to the UK should be allowed to enter.

Parallel to this new system for economic migration, the Government made a myriad of other changes aimed at policing the new system and strengthening UK borders. Changes over the last two years include:

bringing together the Border and Immigration Agency, UKvisas and Customs to a unified 'UK Border Agency', highlighting a single border force and police-like powers for frontline staff; introducing a biometric data requirement for those applying for a UK Visa; counting foreign nationals in and out of the country; expanding the UK's detention capacity, implementing powers to automatically deport serious offenders; introducing compulsory ID cards for foreign nationals who wish to remain in the UK; and Introducing large on-the-spot fines for employers who do not make the right checks. As part of the Government's programme for reform, it came as no surprise that they would consider reforming the path to British citizenship.

The case for change

The Government set out its proposals for change in the Green Paper The Path to Citizenship: Next Steps in Reforming the Immigration System2 (the Paper). The Green Paper highlights the reasons for the changes and it is clear that there is an underlying agenda for social as well as immigration reform.

The central principle is that, alongside strengthening the rights of citizenship, citizenship must be earned; anyone who wants to remain in the UK long-term must be willing to "speak our language, obey the law and contribute to the Community."3

Current law

At present, migrants are entitled to apply for indefinite leave to remain (ILR) once they have completed a period of 5 years in the UK in a category leading to settlement (or two years if applying on the basis of marriage/partnership to a British national or someone with ILR).

To naturalise as a British citizen, migrants must have spent a minimum of five continuous years in the UK (three in the case of spouses/civil partners) and have held ILR for a minimum of one of those years. Migrants must also satisfy the current residency requirements, which require applicants to not have spent more than 450 days (270...