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Legislative Scrutiny - Borders, Citizenship and Immigration Bill: Report, Together with Formal Minutes and Written Evidence (Paperback)
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Legislative Scrutiny - Borders, Citizenship and Immigration Bill: Report, Together with Formal Minutes and Written Evidence (Paperback)
Series: HL, Session 2008-09, 62
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In this report on the Borders, Citizenship and Immigration Bill,
the Joint Committee on Human Rights says the Government should
reconsider proposed changes to the pathway to British citizenship.
Whilst the Bill does not change the underlying position of
migrants' access to benefits, it extends the time it takes to get
to applying for citizenship by a year. During this period a person
given the new 'probationary citizenship' will be ineligible for 15
different types of benefit that are available to those with
'indefinite leave to remain'. The Committee is also concerned that
the new rules may be applied retrospectively and urges the
Government not to override the legitimate expectations of migrants
already on the path to citizenship under the current rules. The
Committee also has concerns about the proposed 'short cut' to
citizenship, which can reduce the time it takes to naturalise by
two years if applicants participate in unpaid community activity.
Tracking this activity risks infringing people's right to privacy
and the Committee is also concerned that the requirement risks
penalising people who are unable to undertake such activities
(because of disability or caring responsibilities or because they
are already in paid full time work). The Committee welcomes the new
positive duty to safeguard and promote the welfare of children in
the discharge of immigration, asylum, nationality and customs
functions and the reversal of the Government's previous policy of
excluding children subject to immigration control from the
protection of the UN Convention on the Rights of the Child.
General
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