UK Parliament / Open data

Borders, Citizenship and Immigration Bill [HL]

My Lords, the amendment clearly provides that a person who is currently en route to citizenship and is within 12 months of making an application for indefinite leave to remain should continue on that path. I rise only to support the amendment and to say that I hope that, since we discussed the matter on Report, the noble Lord, who also replied then, has satisfied himself that what we are doing now fully complies with the judgment in the case of HSMP Forum Ltd—a matter that I raised both in Committee and on Report but which I am pretty certain has not been dealt with in the voluminous correspondence that we have had from Ministers. It would be useful to have on the record that the Minister has taken advice and that the Government are completely satisfied that the amendment and Clause 39 fully complies with the terms of the judgment in HSMP. I gave the noble Lord, Lord Brett, a few minutes notice on my next point, which is that the amendment obviously implies that the route to "indefinite leave to remain" is still there following the coming into effect of Part 2, as it allows the person to make the application within 12 months. There will be changes in the rules consequent to the passing of the Bill and we want an assurance from the Minister on the record that by having the amendment in the Bill the route to ILR will be maintained.
Type
Proceeding contribution
Reference
709 c1536 
Session
2008-09
Chamber / Committee
House of Lords chamber
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