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LOCATION: Home » Knowledge Centre » Settlement and Citizenship

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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 was resulted) was obtained by means of: Fraud, False...

Settlement in the UK Success Stories
By Richmond Chambers

Our immigration barristers have assisted many individuals and their families to obtain indefinite leave to remain (ILR) and settlement in the UK, including under the points-based system, on the basis of partnerships with British citizens, as returning residents...

 and on the basis of 10 years long residence. Settlement in the UK Some examples of our successful clients include: Our immigration barristers assisted a Chinese client with her indefinite leave to remain application on the basis of having completed 10...

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...
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