Borders, Citizenship and Immigration Bill [Lords]

With this it will be convenient to discuss the following: new clause 3—Amendment of the immigration rules relating to Gurkhas— ‘(1) The Immigration Rules, as laid before Parliament under section 3(2) of the Immigration Act 1971 (c. 77), are amended as follows. (2) In Rule 276F (requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army) omit paragraphs (ii) and (iii). (3) In Rule 276I (requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army) omit paragraphs (ii) and (iii). (4) Gurkhas discharged from the British Army prior to 1997 shall have parity with Commonwealth servicemen in terms of the requirements for indefinite leave to enter and remain in the United Kingdom.’. New clause 5— Consequences of failure to fulfil requirements for naturalisation— ‘Failure to satisfy the requirements set out in Schedule 1 to the British Nationality Act 1981 (c. 61) shall not exclude the possibility of the grant of a further period of probationary citizenship, or other immigration leave.’. New clause 7— Exemptions to the application of Part 2— ‘Nothing in this Part shall affect an application for indefinite leave to remain in the United Kingdom or for British citizenship if it— (a) has been submitted at any time in the 12 months after the commencement of this Part; or (b) is made prior to the commencement of this Part.’. Amendment 4, in clause 39, page 30, line 6, after first ‘the’, insert ‘average’. Amendment 5, page 30, line 10, after ‘period’, 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’. Amendment 1, page 30, line 13, leave out from ‘abode’ to end of line 14 and insert ‘, or a permanent EEA entitlement or refugee status or humanitarian protection;’. Amendment 40, page 31, line 17, at end insert— ‘(10A) After sub-paragraph (5) (inserted by subsection (10) above) insert— (6) The Secretary of State shall exercise his discretion under sub-paragraph (ba) above in favour of individuals recognised as having a refugee status in the UK, so as to treat time spent awaiting the outcome of their asylum claim as time spent with a qualifying immigration status, unless there are exceptional reasons why he should not.””’. Amendment 7, in clause 40, page 32, line 18, after first ‘the’, insert ‘average’. Amendment 2, in clause 41, page 35, line 21, at end insert— ‘(6) In the case of an applicant with refugee status or humanitarian protection— (a) the number of years in the period is 5; and (b) the activity condition is waived.’. Amendment 22, page 35, line 21, at end insert— ‘(6) Such prescribed activities may not include those activities that could be considered in the interests of a single political party.’. Amendment 23, page 36, line 14, at end insert— ‘(5A) None of the conditions in section 41(1) shall apply to anyone who entered the United Kingdom under the Highly Skilled Migrants Programme more than four years before the date of commencement appointed by the Secretary of State for Part 2.’. Amendment 8, in clause 49, page 43, line 42, at and insert— ‘(10) The following periods of absence from the labour market shall be disregarded for the purposes of establishing whether an applicant is or has been in ““continuous employment””— (a) periods of involuntary unemployment duly recorded by an employment agency or office lasting no more than six months, (b) all authorised employment absences (whether expressly or by custom) including maternity and paternity leave, illness, temporary cessations of work and sabbaticals, and (c) other periods of unemployment in circumstances where they have not resulted in the cancellation or refusal of immigration leave.’. Government amendment 17.