Borders, Citizenship and Immigration Bill [HL]
REVISED
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 45 | Insert the following new Clause— |
| | "Probationary citizenship leave |
| (1) | A person with probationary citizenship leave 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 Skills Act 2000 (c. 21); |
| (h) | the Higher Education Act 2004 (c. 8); and |
| (i) | the Higher Education (Northen 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"." |
| | BARONESS FALKNER OF MARGRAVINE |
| 46 | Page 27, line 6, after first "the" insert "average" |
| 47 | Page 27, line 10, at end 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" |
| 48 | Page 27, leave out lines 11 to 14 |
| 49 | Page 27, line 11, leave out "probationary citizenship leave" and insert "limited leave to enter or remain" |
| 50 | Page 27, line 12, after second "leave," insert "a qualifying CTA entitlement," |
| | BARONESS FALKNER OF MARGRAVINE |
| 51 | Page 27, leave out lines 15 to 19 |
| 52 | Page 27, line 17, leave out "been in continuous employment" and insert "not been in breach of conditions of that leave" |
| 52ZA | Page 27, leave out lines 20 and 21 |
| 52ZB* | Page 28, leave out lines 5 to 10 |
| | LORD ROBERTS OF LLANDUDNO |
| 52A | Page 28, line 11, at end insert— |
| ""(4A) | If in the special circumstances of a particular case of a refugee, a person with humanitarian protection or a member of their family the Secretary of State thinks fit, the Secretary of State may for the purpose of Schedule 1 to the British Nationality Act 1981 waive the need to fulfil the requirement specified in paragraph 1(1)(c) if the Secretary of State considers that because of A's circumstances it would be unreasonable to expect A to fulfil that requirement."" |
| 53 | Page 28, line 19, at end insert— |
| "( ) | a qualifying CTA entitlement;" |
| | BARONESS FALKNER OF MARGRAVINE |
| 54 | Page 28, line 21, at end insert "; or |
| (f) | detention, temporary admission or release within the meaning of section 11 of, and Schedules 2 and 3 to, the Immigration Act 1971 if immediately following that detention, temporary admission or release the person had a status listed in paragraphs (a) to (e) above."" |
| 55 | Page 28, line 21, at end insert "; or |
| (f) | a pending application for leave to remain pursuant to an asylum claim, a human rights claim or in reliance on Council Directive 2004/83/EC; |
| (g) | exceptional leave to remain outside the immigration rules. |
| (1A) | An asylum claim and a human rights claim have the meaning given in section 113 of the Nationality, Immigration and Asylum Act 2002. A pending application is one that has not yet been determined or that is the subject of a pending appeal within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002."" |
| 56 | Page 28, line 25, at end insert— |
| "( ) | Nothing in this section shall affect the application for British citizenship made by an applicant prior to the commencement of this Part." |
| | LORD ROBERTS OF LLANDUDNO |
| 56A | Page 28, line 39, at end insert— |
| "(5) | Notwithstanding the power of the Secretary of State to exercise his discretion under subsection (4), he shall, in addition, for the purposes of subsection (3) prescribe circumstances in which A shall be treated as having a relevant family association on the date of the application although the relevant family association ceased to exist before that date." |
| 57 | Page 29, leave out lines 16 to 18 and insert— |
| "(c) | that, subject to sub-paragraph (5)— |
| (i) | A had a relevant family association for the whole of the qualifying period, and |
| (ii) | A had a qualifying immigration status for the whole of that period;" |
| | BARONESS FALKNER OF MARGRAVINE |
| 58 | Page 29, line 13, after first "the" insert "average" |
| 59 | Page 29, leave out lines 16 to 18 |
| 60 | Page 29, line 19, leave out from "application" to "and" in line 22 and insert "— |
| (i) | A has probationary citizenship leave, or permanent residence leave, based on A's having the relevant family association referred to in section 6(2), or |
| (ii) | A has a qualifying CTA entitlement or a Commonwealth right of abode;" |
| | BARONESS FALKNER OF MARGRAVINE |
| 61 | Page 29, line 22, after "6(2)" insert "or has a Commonwealth right of abode or a permanent EEA entitlement and the relevant family association referred to in section 6(2)" |
| | LORD ROBERTS OF LLANDUDNO |
| 61B | Page 29, leave out lines 23 and 24 |
| | BARONESS FALKNER OF MARGRAVINE |
| 62 | Page 29, line 50, after "partner" insert "or dependent relative" |
| 63 | Page 30, line 1, after "leave" insert "or has a right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971, or a permanent EEA entitlement" |
| 64 | Page 30, line 1, leave out from "leave" to end of line 3 and insert "— |
| (a) | the requirement specified in sub-paragraph (2)(c)(i) is fulfilled only if A was that person's partner for the whole of the qualifying period, and |
| (b) | for the purposes of sub-paragraph (2)(c)(ii), A can rely upon having a qualifying immigration status falling within paragraph 4A(1)(a), (b) or (c) only if that partnership is the relevant family association upon which the leave to which the status relates is based." |
| 65 | Page 30, line 9, at end insert— |
| "(7) | For the purposes of sub-paragraph (5), the relationship by reference to which A and the other person are partners need not be of the same description for the whole of the qualifying period."" |
| 66 | Page 30, leave out lines 21 to 25 and insert— |
| "( ) | treat A as fulfilling the requirement specified in paragraph 3(2)(c)(i) (including where it can be fulfilled only as set out in paragraph 3(5)) where a relevant family association of A's has ceased to exist;" |
| 67 | Page 30, line 27, leave out first "3(2)(c)" insert "3(2)(c)(ii)" |
| 68 | Page 30, line 27, leave out second "3(2)(c)" insert "3(2)(c)(ii)" |
| 69 | Page 31, line 2, leave out "A" and insert "Subject to paragraph 3(5), a" |
| 70 | Page 31, line 4, at end insert "based on a relevant family association" |
| 71 | Page 31, line 5, leave out "; or" and insert "based on a relevant family association;" |
| 72 | Page 31, line 6, at end insert "based on a relevant family association; |
| ( ) | a qualifying CTA entitlement; or |
| ( ) | a Commonwealth right of abode." |
| 73 | Page 31, leave out lines 7 to 9 and insert— |
| "( ) | For the purposes of paragraph 3 and this paragraph, the leave mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant family association if it was granted on the basis of the person having a relevant family association." |
| 74 | Page 31, line 12, leave out "based on" and insert "and" |
| 75 | Page 31, line 15, leave out "rely on" and insert "have" |
| 76 | Page 31, leave out lines 17 to 21 and insert— |
| "( ) | Where, by virtue of sub-paragraph (3)(a), a person relies upon having more than one qualifying immigration status falling within sub-paragraph (1)(a), (b) or (c)— |
| (a) | subject to paragraph 3(5), it is not necessary that the leave to which each status relates is based on the same relevant family association, and |
| (b) | in a case where paragraph 3(5) applies, the relationship by reference to which the persons referred to in paragraph 3(5) are partners need not be of the same description in respect of each grant of leave."" |
| 77 | Page 31, line 28, leave out from "period" to end of line 29 and insert "is— |
| (a) | 6 years in a case within paragraph 1; |
| (b) | 3 years in a case within paragraph 3." |
| 78 | Page 31, leave out lines 30 to 33 |
| 79 | Page 31, leave out lines 30 to 42 |
| 80 | Page 31, line 34, leave out from beginning to third "the" |
| 81 | Page 31, leave out lines 38 to 42 |
| 82 | Page 31, line 40, leave out "otherwise than for payment" |
| 83 | Page 31, line 41, after "activities" insert "or trade union activities" |
| | LORD ROBERTS OF LLANDUDNO |
| 83A | Page 31, line 42, at end insert ", which shall include cases where the applicant is disabled, or responsible for caring for a disabled child or adult" |
| 84 | Page 31, line 43, leave out subsections (2) to (5) |
| | BARONESS FALKNER OF MARGRAVINE |
| 85 | Page 32, line 3, leave out "different" and insert "lower" |
| 85A | Page 32, line 27, at end insert— |
| "( ) | may enable the Secretary of State to make arrangements for such persons as the Secretary of State thinks appropriate to determine whether the completed activity would be of benefit to the individual, the organisation and the wider community." |
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