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Hong Kong Ethnic Minorities and the Minimum Income Requirement
By Zoe Bantleman - Immigration Barrister

Ethnic minorities in Hong Kong, who have registered as British citizens since 1997, are conspicuously absent from the United Kingdom’s new Hong Kong BN(O) route. Therefore, to relocate with their family members...

 to the United Kingdom, they will face more difficult requirements than their BN(O) counterparts. To come to the UK with their families, they will need to meet the minimum income requirements contained in...

The ‘principal home’ requirement in British citizenship applications
By Jasmine Theilgaard - Immigration Barrister

The British Nationality Act 1981 allows individuals to naturalise under either Section 6(1) or 6(2) of the Act. If you are making an application under Section 6(1), you will need to demonstrate that your intention...

 for the future is to have your principal home in the UK. This blog post will outline how the Home Office will expect you to demonstrate this.  According to the Home Office Nationality Policy Guidance, the...

Why Hong Kong BN(O)s should renew their BNO passports
By Zoe Bantleman - Immigration Barrister

After listening to the 2 June 2020 parliamentary debate on British Nationals (Overseas), and reading the Prime Minister’s article of 3 June 2020, it occurs to me that the Foreign Secretary, Home Secretary...

 and Prime Minister may draw an arbitrary distinction between BN(O)s and BN(O) passport holders.  For this reason, I would recommend that all persons with BN(O) status who may wish to benefit from any extension...

Proposals to Extend Rights for Hong Kong’s British Nationals (Overseas)
By Zoe Bantleman - Immigration Barrister

It is welcome news that British National (Overseas) citizens in Hong Kong could have their rights to remain in the UK widened.    The Rationale for extending the rights of Hong Kong British National (Overseas)...

 citizens These reports and announcements come amidst China’s adoption of the “Decision of the National People’s Congress to Establish and Improve a Legal Framework and Enforcement Mechanism for...

British Nationality Law: Britain’s Colonial Obligations to Hong Kong
By Zoe Bantleman - Immigration Barrister

The United Kingdom’s nationality law is inextricably linked to the failures of its imperial project. It is a history of active closure of itself from the peoples it colonised. Between 1949 and 1983, when the...

 laws could have left the United Kingdom open, rights were instead narrowed, often to target people from specific countries from freely entering and living in the UK. By 1983, British nationality law and...

10 Year ILR Based on Historic Long Residence
By Geraldine Peterson - Immigration Barrister

We are often asked when an entitlement to apply for indefinite leave to remain after 10 years’ long residence in the UK expires.  Or, put another way, can an application for ILR be made on the basis of historic...

 long residence? The answer to these questions can be found in the Long Residence Indefinite Leave to Remain guidance:- “Once an applicant has built up a period of 10 years’ continuous lawful residence,...

Returning Resident Visa - Top 7 FAQs
By Wendy Barnes - Legal Associate

In this post we answer some of the questions that are most frequently asked by individuals who previously resided in the UK with Indefinite Leave to Remain (ILR) and now wish to return following a period of absence.  (1)...

 What happens if I leave the UK for less than 2 years and now want to return?  Paragraph 18 of the Immigration Rules sets out the requirements for entry to the UK as a Returning Resident with less...

British citizen children and entry clearance
By Alex Papasotiriou - Immigration Barrister

In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here,...

 whilst the second will be analysed in a separate post. SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 00043 SD (British citizen children – entry clearance) Sri Lanka [2020]...

Good Character and Breach of Immigration Laws
By Zarina Rahman - Immigration Barrister

One of the requirements in order to register or naturalise as a British Citizen is to be of ‘good character’. This applies to anyone over the age of 10 at the date of application.  This requirement...

 has been discussed in detail in a previous blog post. This post looks at one aspect of good character – breach of immigration laws – and in particular, the findings of the Court of Appeal in R (Al-Enein)...

Long Residence ILR: Continuous Lawful Residence
By Zoe Bantleman - Immigration Barrister

This is our fourth blog in a series of blogs written regarding recent developments in case law on overstaying and applying for settlement, also known as indefinite leave to remain (‘ILR’), on the basis of 10...

 years of residence in the United Kingdom.  This post will summarise the current landscape of case law addressing the continuous lawful residence requirement, before moving on to consider the updated Home...

Long Residence ILR: Section 3C & Paragraph 39E
By Zoe Bantleman - Immigration Barrister

This is the third post in a series of blogs regarding recent developments in case law on overstaying and applying for settlement, also known as indefinite leave to remain (‘ILR’), on the basis of 10 years long...

 residence.  The first and second post, provided an in-depth exploration of the recent cases on the interpretation of 10 years of continuous lawful residence. This blog post will explain the provisions of...

British Citizenship: The Citizenship Ceremony
By Alexandra Pease - Immigration Barrister

If an individual is over 18 and has made a successful application to become a British citizen, they will be required to attend a citizenship ceremony.  The individual is required to attend a ceremony by law.   Background...

 to Citizenship Ceremonies  Citizenship ceremonies were introduced in 2004 and are arranged by local authorities.  They first came into force on 1 January 2004. The first ever citizenship...
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