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Long Residence and Human Rights Appeals
By Alex Papasotiriou

What happens when you complete 10 years’ long residence whilst a human rights appeal is pending?  This is essentially what the Upper Tribunal considered in OA and Others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 00065. Relevance of meeting...

 the requirements of the Immigration Rules in a human rights appeal The first paragraph of the headnote, corresponding with paragraph 27 of the judgment, confirms what was previously held by a differently-constituted UT in Mostafa (Article 8 in entry...

Good character - what has changed?
By Zarina Rahman

The British Nationality Act 1981 requires any person who is over the age of 10 who wishes to register or naturalise as a British Citizen to be of ‘good character’. This is not defined in the Act, but Home Office nationality policy guidance explains how ‘good...

 character’ will be assessed. This contains a non-exhaustive list of conduct that will mean an applicant is not of ‘good character’ including criminality, terrorism, financial soundness, notoriety deception and dishonesty and immigration-related...

Life in the UK Test - What is it and when is it required?
By Alexandra Pease

A Life in the UK test is ordinarily required for both ILR and citizenship applications.   The Life in the UK test was introduced in 2005 for citizenship applications and 2007 for ILR applications.  The plans were first introduced in 2002 by the then Home Secretary...

 David Blunkett. You do not need to take the test if you: are under 18; are 65 or over; have passed it before, many will have already completed the test when they applied to settle in the UK;  or have a long-term physical or mental condition. If an...

Long residence: disregarded current overstaying does not count
By Alex Papasotiriou

In the case of  R (on the application of Ahmed) v Secretary of State for the Home Department (para 276B – ten years lawful residence) [2019] UKUT 00010 (IAC), the Applicant had arrived in the United Kingdom on 11 October 2006 with valid entry clearance. Following...

  a series of successful applications for further leave to remain in the UK,  the Applicant’s leave expired on 22 January 2016: the date the refusal of his Administrative Review application was deemed served on him. The Applicant made an application...

Revised UK childhood good character test should be scrapped
By Richmond Chambers

Campaigners say the government’s revised guidance on how the good character test is applied to children does not go far enough and still does not protect the rights of young people who have grown up in the UK and wish to naturalise. Good character requirement The...

 good character requirement applies to children aged 10 and over, as this is the age of criminal responsibility. The review of the policy comes after a report by the independent chief inspector of UK borders and UK immigration. A Freedom of Information...

When is a child born in the UK to EU national parents British?
By Alex Papasotiriou

Section 1 of the British Nationality Act 1981 (the “BNA 1981”), titled “Acquisition by birth or adoption”, provides: “(1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British...

 citizen if at the time of the birth his father or mother is— (a) a British citizen; or (b) settled in the United Kingdom or that territory.” In view of this, a child born in the UK to EU national (non-British) parents will be British by birth if...

Brexit: How does EU Settled Status fit with Naturalisation? Lawful residence and the ‘good character’ requirement
By Dr. Catherine Taroni

EU Settled Status is something of an anomaly.  Not only does it take five years’ continuous absence from the UK to lose this status, which is longer than for other grants of indefinite leave to remain, but, other than being someone eligible to apply and meeting...

 the suitability criteria, there are no elements of living lawfully that need to be proven.   Appendix EU’s ‘settled status’ will be indefinite leave to remain (ILR) for EEA nationals and their family members.  Applications for settled status...

Naturalisation as a British Citizen - A wide discretion
By Zarina Rahman

The Special Immigration Appeals Commission has given an open judgment in relation to the statutory review of decisions by the Secretary of State to refuse applications for citizenship by relatives of Bashar Al-Assad, in the case of LA, MA, RA, SAA v Secretary...

 of State for the Home Department SN/63, 64, 65 and 67/2015. Section 6(1) of the British Nationality Act 1981 gives the Secretary of State the discretion to grant a certificate of naturalisation to a person who fulfils the requirements, ‘if he thinks...

Appeals against deprivation of British citizenship
By Alex Papasotiriou

In an earlier blog post, we covered the scope of the Secretary of State’s statutory power to deprive an individual of their British citizenship. In this post we will explore the scope of an appeal to the First-tier Tribunal against a decision to make a deprivation...

 order (section 40A(1) of the British Nationality Act 1981). In Arusha and Demushi (deprivation of citizenship – delay) [2012] UKUT 80, the Upper Tribunal endorsed the uncontested rulings of the First-tier Tribunal on the nature and scope of an appeal...

Revocation of ILR which has been obtained by deception
By Emma Greenwood

Section 76 of the Nationality, Immigration and Asylum Act 2002 gives the Secretary of State the power to revoke indefinite leave to enter or remain (ILE or ILR) in the United Kingdom in various circumstances including where: … 2) leave was obtained by deception;...

 This provision applies to anyone who has indefinite leave to remain, whatever the reasons for granting ILR. It can therefore apply to those who were granted ILR on the basis of long residence, or under any route to settlement under the Rules, or on...

Children born outside the UK to British mothers
By Zarina Rahman

British nationality law has undergone several important changes in recent years, in many cases in order to reflect changes in social attitudes and to correct historic injustices. Section 4C of the British Nationality Act 1981 allows children of British...

 mothers to register as British, in circumstances where they would have automatically acquired British citizenship if women were able to pass on their nationality to children born abroad, in the same way that men were able to. What are the requirements for children...

Deprivation of British citizenship
By Alex Papasotiriou

Who said immigration woes are reserved for the non-British? Section 40 of the British Nationality Act 1981 (“1981 Act”) affords the Secretary of State a power to deprive an individual of their British citizenship on two occasions: If the Secretary of...

 State is satisfied that deprivation is “conducive to the public good” (section 40(2)); or If the Secretary of State is satisfied that the registration or naturalisation (from which the citizenship resulted) was obtained by means of: Fraud, False...
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