Residence in the EU after Brexit for British Citizens

The British government currently has agreements with EU Member States, the European Economic Area and Switzerland to protect British citizens living or moving to those countries until the end of the transition period at midnight 31 December 2020. The Withdrawal Agreement is the basis for these rights and seeks to govern the relationship of the UK and EU until the end of 2020.

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New potential route for British National (Overseas) applicants to settle in the UK

Following developments in Hong Kong, the Home Office announced that the government will bring in a scheme to grant persons with British National (Overseas) passports the right to get ‘leave to stay’ and settle in the UK.

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German Citizenship Policy Changes

In September and October 2019 the German Interior Ministry released a new policy and updates to two previous policies regarding changes in German naturalisation requirements. These developments have lowered the naturalisation requirements for people of German descent in three specific groups, which previously experienced difficulties applying for German citizenship.

by Bruce Mennell | | Blog

Brexit: How Will It Effect Dual German Citizenship?

With the imminent date of Brexit looming, the status of Germans in Britain hoping to naturalise in the UK and that of British nationals in Germany looking to obtain German citizenship has been cast in uncertainty.

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Overview of the EU Settlement Scheme

In our recent blog posts on German citizenship and the impact of Brexit, Passportia briefly outlined the new EU Settlement Scheme. The Home Office launched the public test phase for this scheme in January.

by Michael Kest | | Blog

Final Call: British Citizenship for Germans in the UK

The Home Office is running its second trial for a newly presented post-Brexit EU Settlement Scheme. The programme is set to open fully by 30 March 2019 and will enable EU citizens to continue living in the UK after the end of the implementation period on 31 December 2020.

by Michael Kest | | Blog

New Route to British Citizenship is Now

In February 2018, a ruling by the United Kingdom's Supreme Court appeared to extend the right to register as a British citizen to many people who were previously ineligible. Until recently, this brand new  route to British citizenship remained untested and somewhat uncertain.

by Michael Kest | | Blog

British Citizenship for Germans in the UK: the Impact of Brexit

The UK's decision to leave the European Union will bring big changes for many. For Germans citizens in the UK, options for acquiring British citizenship or re-settling in the UK at a later date are likely to be impacted significantly.

by Michael Kest | | Blog

Explained: How the Descendants of Nazi Victims are missing out on German citizenship.

The descendants of Jews persecuted by the Nazi regime can often make a claim to German citizenship. According to the German constitution, people whose German citizenship was stripped during this period can apply to have it restored, as can their descendants.

by Michael Kest | | Blog

Explained: Nazi Laws Which Stripped Jewish Germans of Citizenship, and the Laws Restoring it

The Nazi regime is, of course, infamous for its persecution of Jews and others. One of the lesser-known ways in which the Nazi regime persecuted people was by stripping them of citizenship. Today, people who had their citizenship taken away during this period can apply to have it restored, as can their descendants.

by Stanley Johnson | | Blog

Passportia Publishes Report on UK Law Affecting Commonwealth Immigration before 1973

In the context of huge media and public interest in the issues and policies affecting the Windrush generation, Passportia has published an in-depth report into the immigration law affecting arrivals from the Commonwealth before 1973.

by Stanley Johnson | | Blog

Thousands of South Africans Gain Citizenship Right from UK Supreme Court

In February 2018, a landmark ruling by the UK Supreme Court opened up a route to UK citizenship for thousands of South Africans. The ruling, which relates to historic gender discrimination in UK citizenship law, allows people to claim UK citizenship based on a mother's father born in the UK.

by Stanley Johnson | | Blog

Why the Windrush Generation Has a Legal Right to Be Here, Landing Cards or no Landing Cards

The Windrush scandal continues to dominate headlines and underscore issues with UK immigration policy. Scores of people who have lived in the UK for decades have been told to leave, or even been deported, despite most likely having the legal right to remain in the UK and having lived here for decades.

by Stanley Johnson | | Blog

UK Home Office Announces Nationality and Immigration Fee Increases

The Home Office today published another round of fee increases for a range of nationality and immigration services, continuing a trend of ever-growing application fees.</strong> According to a <a href="/">document</a> published on the gov.uk website, increased fees for almost all immigration and nationality applications will go into effect from 6 April 2018. Naturalisation fees will increase by 3.7% from £1,280 to £1,330. Ancestry Visa Fees will increase by £20, while the registration of a minor as a British citizen is set to increase by £43 from £1,163 to £1,206. Similarly, the cost of naturalisation as a British overseas territory citizen will rise by £38, reaching £1,000 for the first time. These increases are modest in comparison to previous years. 2017 saw an 18% in settlement (ILR) applications, which rose from £1,875 to £2,297. The fee for these applications will rise by £92 from 6 April 2018 to £2,389, a comparatively small 4% increase.

by Stanley Johnson | | Blog

UK Supreme Court Ruling Grants Citizenship Entitlement to 'Thousands'

Last month the Supreme Court of the United Kingdom upheld and expanded a ruling of the Scottish High Court which will allow many more foreign-born people to register as British citizens based on ancestors who were born in the UK.

by Michael Kest | | Blog

Australia's Complex and Contagious Dual Citizenship Crisis

Australia's elected representatives are enduring ongoing scrutiny in the country's dual nationality crisis. A number of sitting MPs and senators have been ruled ineligible, and have resigned or lost their seats.

by Rob Tarlton | | Blog

Breakdown of marriage to an EEA national - your rights

If you are married to an EEA national exercising treaty rights in the UK, it is important to consider the effect on your immigration status if your marriage has broken down.

by Bruce Mennell | | Blog

Permanent Residence - an enhanced status for EEA nationals

EEA nationals exercising treaty rights in the UK can sponsor their family members.  But those who have lived in the UK for longer than 5 years might already have permanent residence.  This allows them to sponsor family members whether or not they are still exercising treaty rights

by Alexander Finch | | Blog

Certificate of Entitlement to the Right of Abode

The Passport Office has experienced severe delays in 2014 as the processing of applications made overseas has been centralised in the UK. British citizens living overseas whose British passports are expiring could experience difficulties in getting their renewal applications processed.  In suitable cases, applying for a Certificate of Entitlement to the Right of Abode could be a practical alternative.  

by Bruce Mennell | | Blog

Claiming a British Passport through the Natural Father - Overcoming Illegitimacy

We are often asked whether it is possible for the child of a UK-born father to claim a British passport if the parents were not married at the time of the birth. A British passport can only be issued to a British citizen or other type of British national.

by Bruce Mennell | | Blog

Legal challenge to the Minimum Income Requirement rejected by the Court of Appeal

The Court of Appeal has delivered its long-awaited judgment in the case of MM & Ors, finding in favour of the Home Office. It is anticipated that Entry Clearance Officers will now determine, and refuse, those applications that were paused on account of failing to meet the Minimum Income Requirement introduced by the changes to the immigration rules made 9th July 2012 (known as Appendix FM). Those applicants now bringing appeals before the Tribunal may argue that the effect of the new rules in their individual circumstances has been to breach Article 8 ECHR (the right to respect for private and family life). On a proper analysis the judgment in MM & Ors supports this position.

by Bruce Mennell | | Blog

Does an EEA Residence Card give the right to live in the UK?

Immigration advisers often encounter the assumption that an EEA residence card entitles the holder to live in the UK while the card is valid.  Visually, the card resembles other types of visa, issued under the immigration rules, for which this is true.  However, surprisingly, it is possible to hold a valid EEA residence card and not be entitled to live in the UK.  Conversely it is possible to be entitled to live in the UK, even without having the residence card.

by Bruce Mennell | | Blog

Passportia submits written evidence on the Immigration Bill 2013

Passportia has submitted written evidence to the House of Commons Public Bill Committee in relation to the Immigration Bill 2013. The current version of the Bill represents a radical change to the system of immigration control which has been in place since 1973. Our submission focused on three areas of the Bill which will be of particular concern to our clients.

by Bruce Mennell | | Blog

Settlement for Discharged Armed Forces

Commonwealth citizens approaching discharge from HM Armed Forces can qualify for settlement. The final round of armed forces redundancies was announced earlier this year. If you are facing discharge from the armed forces and are not a British citizen, it is important to understand the legal position.

by Bruce Mennell | | Blog

Naturalisation for HM Armed Forces

Coming into force on 13th May 2014, the Citizenship (Armed Forces) Act 2014 has made it easier for Commonwealth citizens serving in HM Armed Forces to obtain British citizenship by naturalisation. A new Act has made it easier for Commonwealth citizens in HM Armed Forces to become naturalised as British.

by Bruce Mennell | | Blog

British citizenship for children of EEA nationals

An EEA national can get permanent residence, and their children can become British citizens, without the need for any application or action by any government official.

by Bruce Mennell | | Blog

EEA Free Movement Rights

If you are thinking about moving with your family to the UK and you or your spouse have European ancestry, it is worth exploring whether you can make use of EEA free movement rights available to European nationals.

by Bruce Mennell | | Blog

Sponsoring your Spouse - Minimum Income Requirements

Passportia advises couples who are resident outside the UK where one partner is a British citizen and the other partner is subject to immigration control. In order for a British citizen to sponsor their partner to settle in the UK, the couple must satisfy a minimum income requirement.

by Bruce Mennell | | Blog

New English Language Requirements from 28 October 2013

From 28th October 2013 all applicants for indefinite leave to remain or naturalisation are required to pass the Life in the UK Test and to have an English language qualification.

by Bruce Mennell | | Blog