The Borders, Citizenship and Immigration Act 2009 came into effect on 22 July after receiving Royal Assent. The Act includes the citizenship and child protection aspects of the Draft (Partial) Immigration and Citizenship Bill which was published for consultation in July 2008. It incorporates aspects of other consultation exercises on the Common Travel Area (the UK, the Channel Islands, the Isle of Man and the Republic of Ireland), and on immigration appeals.
The new legislation allows for the transfer of certain functions of HM Revenue & Customs to the UK Border Agency (UKBA). From 5 August 2009, 4,500 HM Revenue & Customs staff will formally become part of the UKBA, working together as a single agency with the power to quiz passengers on immigration and customs matters.
The new act also implements the Government's proposals for a new 'path to citizenship' by amending provisions of the British Nationality Act 1981 relating to naturalisation as a British citizen. However, commencement of these provisions was pushed back a year to July 2011. The Government also inserted transitional arrangements in the new legislation. Anyone who has reached the stage of applying for Indefinite Leave to Remain (ILR) or further on commencement of the Act will have 2 years from commencement to apply for citizenship under the pre-existing provisions.
The Secretary of State for the Home Department has the discretion to allow time spent pending an application for leave to remain in connection with an asylum or human rights claim, to count towards the qualifying period for naturalisation in ‘exceptional cases’ where the delay is not attributable to the person applying.
The Government made an important concession that no immigration or nationality law judicial review will be able to be transferred to the Upper Tribunal except those which challenge a decision by the Secretary of State not to treat further submissions as a fresh asylum or human rights claim. The Government also made clear that it accepted the position advanced by the House of Lords that, although other transfers may be contemplated in the future, there must be some opportunity to assess the effectiveness of the new tribunal arrangements first to see if that is appropriate.
The Act also introduces a new duty on the UK Border Agency to safeguard the welfare of children.
