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LOCATION: Home » Settlement and Citizenship » Page 13

KNOWLEDGE
CENTRE

What has changed for Returning Residents?
By Richmond Chambers -

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...

Grenfell Tower Update - Further Guidance
By Alexandra Pease - Barrister Partner

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...

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 Richmond Chambers -

Eligibility for settlement as a Tier 2 Migrant can vary depending on when you applied for your visa. Tier 2 (General) Migrants Tier 2 (General) Migrants are eligible for settlement after five years in this category....

 However, if you entered the Tier 2 category under the Immigration Rules in place from 6 April 2011, you will be limited to six years in the Tier 2 (General) category in most cases. This means you have a...

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...

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’). Applications for naturalisation as a British citizen will be considered by the Secretary of State in accordance with section...

The truth behind the £35,000 minimum salary requirement
By Richmond Chambers -

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? It is true that there is a minimum income threshold for some non-EEA migrants. However, the £35,000 minimum salary only applies to...

Right to rent immigration checks introduced for landlords
By Richmond Chambers -

As of 1 February 2016, landlords have been required to check tenants’ “right to rent”. This comes as a result of the Immigration Act 2014, under which if landlords are found to be letting to someone who does...

 not have a right to be in the UK, and the landlords failed to carry out the proper checks, they risk becoming liable to a civil penalty with a fine of up to £3000. What? Landlords must now check that a...

Naturalisation: Residence Requirements
By Dr. Catherine Taroni - Immigration Barrister

The British Nationality Act 1981 allows for British citizenship to be acquired through naturalisation: Acquisition by naturalisation (1) If, on an application for naturalisation as a British citizen made by a person...

 of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks...

British citizenship for children born in the UK
By Richmond Chambers -

Establishing British citizenship can often be a complex matter. However, children born in the UK may, in certain circumstances, have an entitlement to British citizenship. A child’s claim to British citizenship...

 may arise in the following (albeit non-exhaustive) circumstances: A child born in the UK whose mother or father was, at the time of birth, a British citizen or settled in the UK; A child born in the UK...

10 year ILR applications: discretion to waive breaks in continuous residence
By Paul Richmond - Managing Partner

This is an update to an article posted earlier this year, concerning breaks in continuous residence and applications for indefinite leave to remain under paragraph 276B of the Immigration Rules (the 10...

 year ILR rule). As we noted previously, in order to qualify for settlement on the basis of long residence, applicants have to demonstrate at least 10 years continuous and lawful residence in the UK. Continuous...
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