KNOWLEDGE

CENTRE

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR

This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of...

Hong Kong BN(O) Visa: More Details Announced

In response to the breach of the Sino-British Joint Declaration by the Chinese government in restricting the rights and freedoms of Hong Kong people, the UK government is ready to welcome BN(O) citizens and their...

Hong Kong Ethnic Minorities and the Minimum Income Requirement

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...

Why Hong Kong BN(O)s should renew their BNO passports

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...

Proposals to Extend Rights for Hong Kong’s British Nationals (Overseas)

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)...

British Nationality Law: Britain’s Colonial Obligations to Hong Kong

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...

British citizen children and entry clearance

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,...

Good Character and Breach of Immigration Laws

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...

Long Residence ILR: Continuous Lawful Residence

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...

The Status of Hong Kong British National (Overseas) Citizens

British nationality is somewhat unique as there are various different forms of nationality, with fewer rights attached to them than being a ‘British Citizen’. These are a consequence of the UK’s close historical...

Long Residence and Human Rights Appeals

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)...

Good character - what has changed?

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...