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This bill is designed to strengthen border controls, through the integration of customs and immigration powers, ensuring that all newcomers to the United Kingdom earn the right to stay.

This should result in the following:

• Increased powers to the UK Border Agency

• Ensuring that newcomers to the United Kingdom earn the right to stay here

• Changes to nationality law and introduction of the new path to citizenship

• A duty on the UK Border Agency to safeguard the welfare of children in their work

The main benefits of the bill have been summarised as follows:

To strengthen the border by bringing revenue and customs functions into the UK Border Agency which will enable its officers to use them alongside immigration powers, enabling a fully integrated approach to border control functions, increasing operational effectiveness and border security.

Ensure migrants earn the right to stay by implementing the new path to citizenship, with progress slowed down if migrants don’t make an effort to integrate, or commit even minor crimes. There will be a number of changes to Nationality law, allowing us to shorten or lengthen the qualifying period for naturalisation according to behaviour.

Implement a firm but fair system – with measures including a new duty for the UKBA to safeguard the welfare of children; and to ensure fairness in nationality cases by removing the historical cut-off point for enabling children of British mothers born before 1961 to become British themselves, and enabling those serving overseas in the armed forces to register their children as British.

Source: UK Border Agency

The policy, which will be enforced as of 30th January 09, will affect the cases of people who make another application for judicial review (JR) within three months of a judge refusing permission on a previous JR application, particularly where the first claim has been found to be clearly without merit or where a case has been withdrawn or otherwise concluded.

Under current policy, the UK Border Agency will cease removal action on the appellant while the new application is going through the courts. From 30 January this will no longer apply; removal action will not be automatically suspended, particularly where the first claim has been found to be clearly without merit.

It will only affect cases where the claimant has raised:

• The same or virtually identical grounds

• Grounds that could reasonably have been raised previously at the judicial review

In these circumstances we are unlikely to suspend removal on receipt of a judicial review challenge.
People affected by this policy will need to obtain an injunction to prevent removal taking place, and we will ensure they are told they need to do this.
The revised policy aims to deter claims that are designed simply to disrupt the removal process and to ensure that claimants do not benefit in any way by lodging a weak claim.

Source: UK Border Agency

This will increase the minimum age from 18 to 21 at which a person may sponsor, any of the following: spouse, civil partner, fiancé(e), proposed civil partner, unmarried partner or same-sex partner of another person.

The UK Border Agency has commented that this reform is designed to prevent forced marriages; “to protect young people from being forced into relationships they do not want at a time in their lives when they could be establishing a degree of independence as an adult through further education or through work”.

As a limited concession, the change in minimum age to 21 will apply only to cases where the UK-based sponsor is present and settled in the UK, or is being admitted for settlement on the same occasion as the applicant.

The minimum age of 18 will continue to apply to sponsors and their partners in those cases where the stay of a sponsor is subject to a time-limit (for example, students, and work permit holders).

Source: UK Border Agency