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Campaigners call for a judicial review of £1,000+ child citizenship fees
By Richmond Chambers

In the midst of more Brexit based confusion, the Home Office is facing a challenge in the courts over the level of fees it charges children to register as a British citizen. Critics of the current charges of more than £1,000 per child, accuse the Home Office...

 of putting a desire to make profit above their ethical responsibilities, and destroying the futures of often vulnerable children. Thousands of children already living in the UK, who were either born here or moved here at a young age and so are entitled to...

What has changed for Returning Residents?
By Zarina Rahman

The changes to the Immigration Rules announced in the statement of changes laid before Parliament on 15 June 2018, came into effect on 6 July 2018. These included changes to the Rules on returning residents, at Paragraphs 18 and 19, which will be discussed in...

 this article, along with the newly issued Home Office guidance. What is a returning resident? A returning resident is  a person who resided in the UK with Indefinite Leave to Remain (ILR) who wishes to return to the UK after a period of absence. It is...

What is the quickest way to settle in the UK?
By Gillian McCall

Often people want to come to the UK to settle in the UK, without a specific idea of what they want to do when they are here. This article will outline some of the quickest routes to settlement for those looking to come to the UK, as well as for those already...

 in the UK. Entering the UK Settle in the UK after 2 Years The quickest route to Indefinite Leave to Remain is the Accelerated Settlement route in the Tier 1 Investor category. This has an option for settlement after just two years, for those who have invested...

Registering a Child Born in the UK as a British Citizen after 10 years
By Alexandra Pease

If your child was born in the UK and has lived in the UK they may be eligible to apply to register as a British citizen and it is an option you may wish to consider for a number of practical reasons. Entitlement to Register Section 1(4) of the British Nationality...

 Act 1981 states that a child born in the UK whose parents are not British or settled in the UK shall have an entitlement to register as a British citizen provided that in each of the first ten years of the child’s life, the number of days spent outside...

Registration of a child born in the UK as a British Citizen
By Richmond Chambers

Children born in the UK on or after 1 January 1983, whose parents have only limited leave (for example, visitors, students, Point Based System migrant, refugees granted status after 30 August 2005 and who are granted limited leave initially), or who have a form...

 of limited exceptional leave (for example humanitarian protection, discretionary leave, leave outside the rules), or who have no leave (for example asylum seekers, overstayers, illegal entrants) are not born British citizens.  However, children born to...

Grenfell Tower Update - Further Guidance
By Alexandra Pease

A previous blog Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals, 6 July 2017, analysed the directions given to caseworkers in the wake of the Grenfell Tower fire in West London in June of this year. Immigration Minister...

 Brandon Lewis announced an update on 11 October 2017: “The government believes it is right to provide this specific group of survivors greater certainty over their long-term future in the UK, subject to their continued eligibility and the necessary...

British Nationality Deprivation Appeals – Not Dead Yet
By Richmond Chambers

In Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the Upper Tribunal appears to limit the issues in an appeal against a Home Office decision to deprive a person of their...

 British citizenship status. It is arguable that the Upper Tribunal erred, not least as this aspect of the decision is at odds with other relevant decisions.Contact our immigration barristers

Tier 2 Settlement Options
By Lydia Watton

Eligibility for settlement as a Tier 2 Migrant can vary depending on when you applied for your visa. If you are eligible for settlement, the main requirements are set out here.Tier 2 (General) MigrantsIf you were granted your first leave in the category under the...

 Immigration Rules in place before 6 April 2010 Tier 1 (Entrepreneur): if you want to set up and become a Director of a UK business, or become a Director of an existing UK business, you may be able to switch into this category from within the UK. You will...

Acceptable evidence when applying for leave to remain on long residence grounds
By Richmond Chambers

In Khan, R (on the application of) v Secretary of State for the Home Department[2016] EWCA Civ 416 (04 May 2016) the principal issue that the Court of Appeal considered was whether only “official”...

 documents were required to support an application for indefinite leave on the basis of continuous long residence or whether non-official but “independent” documents would suffice.

Surrogacy and British Nationality
By Richmond Chambers

Establishing whether or not someone born on or after 1 January 1983 is a British citizen, or may be registered as a British citizen, can be a complex process – not least because the nationality of at least one of the parents also needs to be established. When...

 that person is born through a surrogacy arrangement matters can become more complex, particularly when the surrogacy arrangement includes an overseas element.Mother The Surrogate Mother was married at the time of birth; and Her husband consented to her...

Applications for British citizenship by EU nationals
By Richmond Chambers

British nationality law is often a complex subject and, after 12 November 2015, this is an area which has increased in complexity for citizens of EU Member States who wish to apply for naturalisation as British citizens in accordance with the British Nationality...

 Act 1981 (the ‘BNA1981’). The applicant must be of good character; The applicant has sufficient knowledge of the English language and about life in the United Kingdom; The applicant intends to make the UK his principal home; The applicant must, in the...

The truth behind the £35,000 minimum salary requirement
By Lydia Watton

It has been reported recently that all non-EEA migrants applying for settlement (indefinite leave to remain) need to earn a minimum salary of £35,000. But it's also been reported that some people, e.g. nurses, don't have to meet the requirement. What's the truth?What...

 is the minimum salary requirement? £35,000 if the date of application is on or after 6 April 2016; £35,500 if the date of application is on or after 6 April 2018; £35,800 if the date of application is on or after 6 April 2019; or £36,200 if the...
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