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Registering a UK Born Child as a British Citizen After 10 Years
By Alexandra Pease - Barrister Partner

If you do not qualify for British citizenship automatically, you may be eligible to apply for Registration as a British citizen, either by way of an entitlement or on a discretionary basis.  In this...

 article we explore entitlement to registration as a British citizen for those born in the UK on or after 1 January 1983 and who have spent the first 10 years of their life in the UK. What Are the Requirements for...

Supreme Court Weighs in on Long Residence, Validity and Section 3C
By Alex Papasotiriou - Immigration Barrister

In R (on the application of Afzal) & R (on the application of Iyieke) v Secretary of State for the Home Department [2023] UKSC 46 the Supreme Court considered matters arising from two applications for indefinite...

 leave to remain in the UK on the basis of long residence, often referred to as 10 years continuous lawful residence. Issue 1 – Failure to pay the IHS – invalidity – section 3C The first...

No-Notice Citizenship Deprivation Under the Nationality and Borders Act 2022
By Anna Bregstein - Immigration Barrister

This blog is no stranger to the increasing number of challenges against citizenship deprivations. Despite the absence of Home Office data since 2019, ‘transparency data’, Freedom of Information requests and...

 sporadic national security reports suggest a sharp rise and a corresponding increase in the number of challenges.  The controversial dispensation of the requirement to give notice was intensely debated...

Update on Returning Resident Visa Rules (October 2023)
By Alexandra Pease - Barrister Partner

In September 2022, we presented a comprehensive guide on the ‘UK Returning Resident Visa’ in two parts, Part 1 and Part 2. These posts shed light on the intricacies of returning to the UK for those whose...

 indefinite permission to enter or stay had lapsed. However, significant changes have taken place in the immigration landscape in the year 2023. The Immigration Rules for returning residents, originally...

Indefinite Leave to Remain vs. British Citizenship Explained
By Rosanna Atkinson - Legal Associate

In this post, we discuss the similarities and differences between Indefinite Leave to Remain (ILR) and Naturalisation as a British Citizen. Understanding these two paths to residency and citizenship is crucial for...

 anyone navigating the complex landscape of UK immigration law. Indefinite Leave to Remain, or ILR, grants individuals the right to reside in the UK without immigration time restrictions. On the other hand,...

Applying Begum Principles to Non-National Security Deprivation Appeals
By Alex Papasotiriou - Immigration Barrister

In its OPEN Judgment in D5, D6 & D7 v Secretary of State for the Home Department (Deprivation/exclusion – Substantive) SC/176/2020, SC/177/2020 & SC/178/2020, the Special Immigration Appeals Commission (SIAC),...

 confirmed that the principles laid out in (Begum) v Special Immigration Appeals Commission [2021] UKSC 7  regarding deprivation appeals apply, not only to national security cases, but generally...

Indefinite Leave to Remain ILR: A Complete Guide
By Olivia Waddell - Immigration Barrister

Not quite citizenship, and yet more than just a visa … the status of Indefinite Leave to Remain or ILR has its own specific characteristics. In this post, we take a look at some of the most frequently...

 asked questions from those who have been granted Indefinite Leave to Remain status, including how to prove it, the rights that it gives you, and how it can be lost or maintained.  What is ILR? Indefinite Leave...

ILR After 5 Years Residence in the UK
By Stefania Patuto - Immigration Barrister

In This Article 1. Introduction 2. Indefinite Leave to Remain ILR After 5 Years 3. Indefinite Leave to Remain After Less Than 5 Years 4. ILR After 5 Years by Combining Different Immigration Categories 5. ILR...

 180 Day Rule 6. Calculating the 180 Day ILR Rule 7. Excessive Absences and the ILR 180 Day Rule 8. British Citizenship after ILR 9. Contact Our ILR Application Immigration Lawyers 10. Frequently Asked...

Updated UK Returning Resident Visa Rules 2023
By Alexandra Pease - Barrister Partner

In September 2022 we published ‘UK Returning Resident Visa – A Practical Guide’ in two parts: part 1 and part 2.  This post examines the recent changes to this category and updates the previous articles.  Prior...

 to 2023 the Immigration Rules for returning residents were amended in 2018. What Are the Rules for Returning Residents? If you held Indefinite Leave to Enter or Remain when you last left...

Update on British Citizenship for Children of EEA Nationals
By Jasmine Theilgaard - Immigration Barrister

In our previous article, we discussed the complexities arising from the case of R (on the application of Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) for children of EEA nationals...

 and their potential claims to British citizenship. This case raised the question of whether the Secretary of State had been correct to treat children born before  2 October 2000 to EU citizens residing in...

10 Years Long Residence ILR Application Guide
By Alexandra Pease - Barrister Partner

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)...

More Guidance on British Citizenship Deprivation Appeals
By Alex Papasotiriou - Immigration Barrister

In its judgment in Chimi (deprivation appeals; scope and evidence) Cameroon [2023] UKUT 00115 (IAC), published on 19 May 2023, the Upper Tribunal again provided guidance on deprivation of British citizenship appeals,...

 particularly their scope and the evidence that the Tribunal can consider. The headnote of the judgment reads: (1) A Tribunal determining an appeal against a decision taken by the respondent under s40(2)...
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