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10 year ILR applications: Breaks in continuous lawful residence
By Paul Richmond - Managing Partner

In order to qualify for indefinite leave to remain on the basis of long residence under paragraph 276B of the Immigration Rules, applicants must demonstrate at least 10 years continuous lawful residence...

 in the UK. Lawful residence is defined in paragraph 276A of the Immigration Rules as a period of continuous residence in which the applicant has had one of the following: existing leave to enter or...

Report into Migrants’ Immigration Journeys Published
By Richmond Chambers -

The Home Office has recently published the fifth in a series of reports that explore migrants’ journeys through the UK’s immigration system. It explains that understanding the processes that migrants go through...

 when they decide to stay in the UK or switch their status helps to inform Parliament and the public on the impact of changes to the Immigration Rules. The report’s findings are based on data collected...

Decisions to curtail leave to remain: when are they effective?
By Richmond Chambers -

In R (Hafiz Muhammad Zubair Javed) v Secretary of State for the Home Department [2014] EWHC 4426 (Admin) the Administrative Court was asked to consider when a written notice of a decision to curtail leave to remain...

 in the UK is effective. Factual Summary Mr Javed had leave to remain in the UK as a Tier 4 student, valid until 30 October 2014. On 3 March 2013 the Secretary of State wrote to Mr Javed informing him of...

Citizenship for sale: One year on
By Dr. Catherine Taroni - Immigration Barrister

Acquiring the nationality of one (or more) Member State(s) of the EU automatically means that EU citizenship is acquired under Article 20 TFEU. Viviane Reding, former vice-president of the European Commission,...

 saidin a speech delivered on 15th January 2014: “Citizenship must not be up for sale!” European Parliament Resolution On 16th January 2014, the European Parliament passed a resolution on EU citizenship...

Committees raise concerns over Immigration Bill
By Richmond Chambers -

In the past couple of weeks, two separate UK Parliamentary Committees have raised concerns over the Government’s proposed Immigration Bill, which is currently making its way through Parliament. Immigration Bill The...

 Bill was introduced by the Home Office in October last year, and proposes a number of major reforms to the UK’s immigration system, including: Cutting the number of decisions that can be appealed...

Applications for naturalisation as a British citizen
By Richmond Chambers -

Persons who have successfully obtained settlement in the UK may wish to consider making an application to naturalise as a British citizen. These applications are considered at the discretion of the...

 Secretary of State; section 6 of the British Nationality Act 1981 provides that, having met various requirements the Secretary of State ‘may, if [she] thinks fit, grant […] a certificate of...

Applying for ILR under the 10 year rule: the continuous residence requirement
By Richmond Chambers -

Paragraph 276A of the Immigration Rules states that continuous residence means residence in the UK for 'an unbroken period'. Certain events, such as absences from the UK for extended periods, being removed from...

 the UK or receiving a custodial sentence may break the period of continuous residence. they have been absent from the UK for a period of six months or more at any one time; They have spent a total of more...

Applying for ILR under the 10 year rule: the lawful residence requirement
By Richmond Chambers -

Applicants who intend to make an application for settlement in the UK having resided in the UK continuously and lawfully in...

 accordance with paragraph 276B of the Immigration Rules must demonstrate that they have in fact acquired a period of ten years lawful residence.

Returning residents and the two year rule exception
By Richmond Chambers -

For many migrants, achieving settlement, or indefinite leave to remain, can be one of the most expensive and time-consuming goals that any individual can strive to achieve.  So, once obtained, foreign nationals...

 will usually do all that they can to protect their long sought after status. One thing that a migrant who has obtained ILR must ensure is that if they ever leave the UK, they return within 2 years of...

Settlement and naturalisation applications after 28 October 2013
By Richmond Chambers -

Since 2005, applicants seeking to obtain British citizenship have had to satisfy the Knowledge of Language and Life requirement. This requirement was then extended in 2007 to those who were applying for settlement...

 (also known as Indefinite Leave to Remain). This requirement was met by the applicant by either taking the Life in the UK test or by obtaining an ‘English for Speakers of Other Languages’ (ESOL)...

New requirements for settlement and naturalisation
By Richmond Chambers -

The Home Office has published a statement of intent outlining planned changes to requirements for those applying to settle in the UK, or become naturalised as British citizens. From 28th October 2013, applicants...

 in both categories will be required to pass the Life in the UK Test and to hold a B1 (intermediate) level English language speaking and listening qualification. This change will strengthen the citizenship...

UK to become more ethnically diverse
By Richmond Chambers -

Immigration is a subject that has frequently been debated in Parliament and the UK media, and many research studies have been commissioned to investigate the scale and impact of immigration across the country. Despite...

 the level of interest, it is apparent that the issues posed by immigration are long-term in nature, and the challenge will be for Government to manage these issues in the most effective way to achieve...
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