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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | Borders, Citizenship and Immigration Bill Committee 30-36 |
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| | Borders, Citizenship and Immigration Bill [Lords] |
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| | Clause 40, page 29, leave out lines 32 to 36. |
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| | Clause 40, page 29, line 27, after ‘period’, insert ‘, save that periods during which |
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| | A was in the United Kingdom with leave other than that conferring qualifying |
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| | immigration status shall be disregarded for the purpose of considering whether A had |
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| | qualifying immigration status for the whole period’. |
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| | | Member’s explanatory statement
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| | | This amendment ensures that where a person spends two periods of time in the UK with qualifying |
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| | | immigration status but in between is lawfully in the UK with an immigration status that is not a |
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| | | qualifying immigration status, the two qualifying periods can be aggregated. |
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| | Clause 40, page 29, line 31, at end insert ‘or refugee status or humanitarian |
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| | Clause 42, page 34, line 42, at end insert— |
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| | | ‘(6) | In the case of an applicant with refugee status or humanitarian protection— |
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| | | (a) | the number of years in the period is 5; and |
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| | | (b) | the activity condition is waived.’. |
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| | | Member’s explanatory statement
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| | | This amendment ensures that refugees remain eligible for naturalisation after five years of resi |
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| | | dence. This amendment also removes the requirement for refugees to participate in ‘community |
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| | | activity’ or ‘earned citizenship’ activities. |
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| | Clause 40, page 29, line 23, after first ‘the’, insert ‘average’. |
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| | | Member’s explanatory statement
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| | | This amendment maintains the current position whereby maximum permitted absences during the |
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| | | qualifying period for naturalisation are calculated in terms of an average over the qualifying pe |
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| | Clause 41, page 31, line 36, after first ‘the’, insert ‘average’. |
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| | Clause 48, page 39, leave out lines 6 to 11. |
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| | | Member’s explanatory statement
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| | | This amendment removes Hong Kong war wives and widows from the list of those who must satisfy |
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| | | a good character requirement to register as British. |
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| | Clause 42, page 34, line 42, at end insert— |
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| | | ‘(c) | is 16 years or under.’. |
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| | | Stateless children of British nationals |
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| | To move the following Clause:— |
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| | | ‘(1) | Schedule 2 to the British Nationality Act 1981 (c. 61) (amendments to |
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| | | Immigration Act 1971) is amended as follows. |
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| | | (2) | In paragraph 4, omit sub-paragraph (1)(c). |
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| | | (3) | In paragraph 4, for sub-paragraphs (2)(a) and (2)(b) substitute “shall be registered |
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| | | (b) | in the case of a child whose mother or father is, or would have been but |
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| | | for their death, a British overseas territories citizen, as a British overseas |
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| | | (4) | In sub-paragraph (4) of paragraph 4, for “sub-paragraphs (1) to (3)” substitute |
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| | | (5) | In sub-paragraph (4) of paragraph 4, after “British Overseas Citizen”, insert |
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| | | “British National Overseas”.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The British Nationality Act 1981 (c. 61) is amended as follows. |
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| | | (2) | After section 4C insert— |
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| | | “4D | Acquisition by registration: legitimacy |
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| | | (1) | A person is entitled to be registered as a British citizen if— |
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| | | (a) | he applies for registration under this section; and |
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| | | (b) | he satisfies each of the following conditions. |
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| | | (2) | The first condition is that the person was born before 1 July 2006. |
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| | | (3) | The second condition is that the person is not already a British citizen. |
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| | | (4) | The third condition is that the father of the child satisfies any |
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| | | requirements as to proof of paternity prescribed under section 50(9B) of |
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| | | (5) | The fourth condition is that the person would have been a British citizen |
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| | | had his father been married to his mother at the time of his birth.”’. |
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| | | Member’s explanatory statement
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| | | This amendment makes provision for those born before 1 July 2006 to British fathers not married |
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| | | to their mothers to register by entitlement as British citizens. |
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| | | Probationary citizenship leave: homelessness assistance |
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| | To move the following Clause:— |
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| | | ‘(1) | The Immigration and Asylum Act 1999 (c. 33) is amended as follows. |
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| | | (2) | After subsection (6) of section 118 (housing authority accommodation) insert— |
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| | | “(6A) | For the purposes of this section a person subject to immigration control |
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| | | does not include a person who has probationary citizenship leave.”. |
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| | | (3) | After subsection (4) of section 119 (homelessness: Scotland and Northern |
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| | | “(5) | For the purposes of this section a person subject to immigration control |
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| | | does not include a person who has probationary citizenship leave.”.’. |
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| | | Qualifying period to provide education and health protection |
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| | To move the following Clause:— |
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| | | ‘(1) | A person under the qualifying period shall be treated as a person settled in the |
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| | | United Kingdom for the purposes of all regulations made under— |
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| | | (a) | the Health Services and Public Health Act 1968 (c. 46); |
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| | | (b) | the Education (Fees and Awards) Act 1983 (c. 40); |
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| | | (c) | the Education and Libraries (Northern Ireland) Order 1986 (S.I., 1986/ |
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| | | (d) | the National Health Service (Charges to Overseas Visitors) Regulations |
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| | | (e) | the Teaching and Higher Education Act 1998 (c. 30); |
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| | | (f) | the Education (Student Support) Regulations (Northern Ireland) 1998; |
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| | | (g) | the Learning and Skills Act 2000 (c. 21); |
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| | | (h) | the Higher Education Act 2004 (c. 8); and |
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| | | (i) | the Higher Education (Northern Ireland) Order 2005 (S.I., 2005/1116 |
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| | | (2) | In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from |
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| | | benefits), in subsection (9) after “EEA state”, insert “or a person with |
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| | | probationary citizenship leave”.’. |
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