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LOCATION: Home » Knowledge Centre » Settlement and Citizenship

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British Citizenship & Naturalisation - How To Apply
By Dr. Catherine Taroni

If you are at least 18 years old and have been granted indefinite leave to remain, EU settled status, or have acquired a right of permanent residence in the UK under the EEA Regulations, you may be eligible to apply for British Citizenship on the basis of Naturalisation...

 as a British citizen.  A naturalisation application to become British is not the same as applying for a British passport – you must submit your naturalisation application to become British before you can get your passport. Children may be...

Overstaying and 10 Years Long Residence ILR
By Dr. Catherine Taroni

In order to qualify for indefinite leave to remain (ILR) in the UK on the ground of long residence, applicants need to satisfy UK Visas and Immigration that they have spent a period of at least 10 years residing in the UK continuously and lawfully.  In two recent...

 cases, the Upper Tribunal and Court of Appeal have looked at overstaying and 10 years long residence ILR, with a particular focus on overstaying between periods of leave and eligibility for 10 years long residence ILR. Requirement for Indefinite Leave...

Tier 1 Investor Visa ILR: Residence and Absence Requirement
By Gillian McCall

For many individuals who are looking to move themselves and their families to the UK using the Tier 1 Investor category, one of the biggest impediments is the perceived difficulty with satisfying the Tier 1 Investor ILR residence and absence requirement. This...

 article will explain what the Tier 1 Investor ILR residence and absence requirement actually means for Investors and how individuals and their family members can meet it. Tier 1 Investor ILR residence and absence requirement: Main Tier 1 Investor visa...

Travel outside the UK while waiting for an immigration decision
By Paul Richmond

Recent changes to the immigration application process through UK Visa and Citizenship Application Services (UKVCAS) enables applicants to keep their passport while they wait for a decision on their immigration application.  In this post, we look at the impact...

 of travel outside the UK while waiting for a decision on a pending immigration application. Travel outside the UK while waiting for an immigration decision   Under the new immigration application system, if you apply for further leave to remain or...

10 Years Long Residence ILR Application Guide
By Alexandra Pease

The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years.  In this post, we look at the requirements for a successful application for ILR...

 on the basis of 10 years long residence. Requirements For 10 Years Long Residence ILR In order to make a successful application for indefinite leave to remain (ILR) on the ground of 10 years long residence, you will need to satisfy UK Visas and Immigration...

Overseas adoption and British citizenship
By Alex Papasotiriou

The entitlement of adopted children to British citizenship is not a straightforward matter. In some circumstances, adopted children are British citizens automatically from the date of their adoption. In others, the Secretary of State for the Home Department...

 may exercise discretion to register them as British citizens following an application. Finally, adopted children who are not British automatically and who cannot be registered as British on the basis of their adoption have to apply for leave to enter and remain...

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...
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