Our senior advisor discusses how an applicant may proceed with a naturalisation application even if they have absences that exceed the criteria or have convictions.
The Nationality and Borders Bill has moved slowly through the British Parliament. It should soon become the Nationality and Borders Act 2022. For many people with British ancestry and seeking British citizenship, this new law will be a bonanza.
A new law for British nationality law is going through the British Parliament. Under this new law as currently drafted, a new and exciting set of opportunities will appear.
In this day and age information can be found everywhere. But can it be interpreted correctly by someone who only applied for their own visa? What if something goes wrong with your application from advice shared on social media? You can end up getting barred from entering the UK for 10 years, with no chance of relocating out of your country. Using a legal advisor will mean you are covered under their legal indemnity insurance if something goes wrong. You don’t have that security if you get advice from a Facebook friend.
In 2006, the UK government passed legislation that allowed those born after 2006 to claim British citizenship regardless of their parent’s marital status. Prior to this, claims through British fathers were only possible if the parents were married at the time of the child's birth, depending on where the child was born
There is no exact definition of ‘good character’ in British Nationality legislation. However, good character applies to anybody over the age of 10 who is applying for naturalisation, resumption or Registration as a British citizen.
UK Home Secretary Priti Patel confirmed the upcoming changes to UK visa policy. She stated that the new ETA system will provide the government with more accurate migration information, security, and to will improve UK border control.
Is it worth applying for British Citizenship for my child?
The answer should be yes.
If you can apply for your child to be British, you should.
By the time your child is 18, and you have pushed it to the back of your mind, you may have missed out on the chance of applying. And the cost of a visa for children applying for UK ancestry, Tier 4 student visas for university, or even tier 2 skilled work may make it prohibitive for them to later emigrate.
From 8 February 1979 until 1 January 1983 the Home Office announced that overseas-born children of British mothers would generally be eligible for registration as UK citizens provided the application was made before the child reached age 18. This was due to upcoming changes that meant that citizenship could be passed automatically in the female line.
Sixty years ago, on 31 May 1961, the Union of South Africa became a republic, automatically ending its membership of the Commonwealth. In UK law the effects of the end of SA’s Commonwealth membership were delayed until 30 May 1962. From that date, South African citizens no longer enjoyed in British law the advantages of being Commonwealth citizens except in certain areas on a transitional basis.
The passing of Prince Philip has received wide publicity around the world. He is well remembered for many things, less mentioned though is that he was the most prominent immigrant to the United Kingdom of the 20th Century.
Do you or a family member currently hold BN(O) status or curious to know whether there’s a chance? As of January 31, 2021, the Home Office have opened avenues to British citizenship for Hong Kong BN(O) nationals and visa solutions. Your children maybe British and you don’t even know it!
Relocating to a foreign country can be exciting and thrilling, but also daunting when you think of all the logistics for you and your family. New culture, new schools, new job, new neighbours and new home. Before you make the move, are you certain that everything has thoroughly been investigated and you weighed the possibility of applying for British citizenship?
On the 22 October 2020, The UK government published the Statement of Changes in Immigration Rules which set out the legal framework for the new immigration system. This will apply to both EU and non-EU citizens.
Was your mother born in the United Kingdom? If so, take a look at the statements below to find out whether you are eligible to claim British citizenship.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
