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37

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Tuesday 9 June 2009

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

Borders, Citizenship and Immigration Bill Committee 30-36

 

Public Bill Committee


 

Borders, Citizenship and Immigration Bill [Lords]

 

Mr David Anderson

 

Mr David Hamilton

 

48

 

Clause  40,  page  29,  leave out lines 32 to 36.

 

Tom Brake

 

Paul Rowen

 

49

 

Clause  40,  page  29,  line  27,  after ‘period’, insert ‘, save that periods during which

 

A was in the United Kingdom with leave other than that conferring qualifying

 

immigration status shall be disregarded for the purpose of considering whether A had

 

qualifying immigration status for the whole period’.

 

Member’s explanatory statement

 

This amendment ensures that where a person spends two periods of time in the UK with qualifying

 

immigration status but in between is lawfully in the UK with an immigration status that is not a

 

qualifying immigration status, the two qualifying periods can be aggregated.

 

Tom Brake

 

Paul Rowen

 

50

 

Clause  40,  page  29,  line  31,  at end insert ‘or refugee status or humanitarian

 

protection’.

 

Tom Brake

 

Paul Rowen

 

51

 

Clause  42,  page  34,  line  42,  at end insert—

 

‘(6)    

In the case of an applicant with refugee status or humanitarian protection—

 

(a)    

the number of years in the period is 5; and

 

(b)    

the activity condition is waived.’.


 
 

Notices of Amendments: 9 June 2009                     

38

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

Member’s explanatory statement

 

This amendment ensures that refugees remain eligible for naturalisation after five years of resi­

 

dence. This amendment also removes the requirement for refugees to participate in ‘community

 

activity’ or ‘earned citizenship’ activities.

 

Tom Brake

 

Paul Rowen

 

52

 

Clause  40,  page  29,  line  23,  after first ‘the’, insert ‘average’.

 

Member’s explanatory statement

 

This amendment maintains the current position whereby maximum permitted absences during the

 

qualifying period for naturalisation are calculated in terms of an average over the qualifying pe­

 

riod.

 

Tom Brake

 

Paul Rowen

 

53

 

Clause  41,  page  31,  line  36,  after first ‘the’, insert ‘average’.

 

Tom Brake

 

Paul Rowen

 

54

 

Clause  48,  page  39,  leave out lines 6 to 11.

 

Member’s explanatory statement

 

This amendment removes Hong Kong war wives and widows from the list of those who must satisfy

 

a good character requirement to register as British.

 

Tom Brake

 

Paul Rowen

 

55

 

Clause  42,  page  34,  line  42,  at end insert—

 

‘(c)    

is 16 years or under.’.

 

Stateless children of British nationals

 

Tom Brake

 

Paul Rowen

 

NC6

 

To move the following Clause:—

 

‘(1)    

Schedule 2 to the British Nationality Act 1981 (c. 61) (amendments to

 

Immigration Act 1971) is amended as follows.

 

(2)    

In paragraph 4, omit sub-paragraph (1)(c).

 

(3)    

In paragraph 4, for sub-paragraphs (2)(a) and (2)(b) substitute “shall be registered

 

under it as a—

 

(a)    

British citizen, or

 

(b)    

in the case of a child whose mother or father is, or would have been but

 

for their death, a British overseas territories citizen, as a British overseas

 

territories citizen.”.

 

(4)    

In sub-paragraph (4) of paragraph 4, for “sub-paragraphs (1) to (3)” substitute

 

“sub-paragraph (1)”.

 

(5)    

In sub-paragraph (4) of paragraph 4, after “British Overseas Citizen”, insert

 

“British National Overseas”.’.


 
 

Notices of Amendments: 9 June 2009                     

39

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

Legitimacy

 

Tom Brake

 

Paul Rowen

 

NC7

 

To move the following Clause:—

 

‘(1)    

The British Nationality Act 1981 (c. 61) is amended as follows.

 

(2)    

After section 4C insert—

 

“4D    

Acquisition by registration: legitimacy

 

(1)    

A person is entitled to be registered as a British citizen if—

 

(a)    

he applies for registration under this section; and

 

(b)    

he satisfies each of the following conditions.

 

(2)    

The first condition is that the person was born before 1 July 2006.

 

(3)    

The second condition is that the person is not already a British citizen.

 

(4)    

The third condition is that the father of the child satisfies any

 

requirements as to proof of paternity prescribed under section 50(9B) of

 

this Act.

 

(5)    

The fourth condition is that the person would have been a British citizen

 

had his father been married to his mother at the time of his birth.”’.

 

Member’s explanatory statement

 

This amendment makes provision for those born before 1 July 2006 to British fathers not married

 

to their mothers to register by entitlement as British citizens.

 

Probationary citizenship leave: homelessness assistance

 

Tom Brake

 

Paul Rowen

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Immigration and Asylum Act 1999 (c. 33) is amended as follows.

 

(2)    

After subsection (6) of section 118 (housing authority accommodation) insert—

 

“(6A)    

For the purposes of this section a person subject to immigration control

 

does not include a person who has probationary citizenship leave.”.

 

(3)    

After subsection (4) of section 119 (homelessness: Scotland and Northern

 

Ireland) insert—

 

“(5)    

For the purposes of this section a person subject to immigration control

 

does not include a person who has probationary citizenship leave.”.’.

 

Qualifying period to provide education and health protection

 

Tom Brake

 

Paul Rowen

 

NC9

 

To move the following Clause:—


 
 

Notices of Amendments: 9 June 2009                     

40

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

‘(1)    

A person under the qualifying period shall be treated as a person settled in the

 

United Kingdom for the purposes of all regulations made under—

 

(a)    

the Health Services and Public Health Act 1968 (c. 46);

 

(b)    

the Education (Fees and Awards) Act 1983 (c. 40);

 

(c)    

the Education and Libraries (Northern Ireland) Order 1986 (S.I., 1986/

 

594 (N.I. 3));

 

(d)    

the National Health Service (Charges to Overseas Visitors) Regulations

 

1989 (S.I., 1989/306);

 

(e)    

the Teaching and Higher Education Act 1998 (c. 30);

 

(f)    

the Education (Student Support) Regulations (Northern Ireland) 1998;

 

(g)    

the Learning and Skills Act 2000 (c. 21);

 

(h)    

the Higher Education Act 2004 (c. 8); and

 

(i)    

the Higher Education (Northern Ireland) Order 2005 (S.I., 2005/1116

 

(N.I. 5)).

 

(2)    

In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from

 

benefits), in subsection (9) after “EEA state”, insert “or a person with

 

probationary citizenship leave”.’.

 


 
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