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LOCATION: Home » Settlement and Citizenship » Page 7

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CENTRE

Changes to the Hong Kong BN(O) Household Member Route
By Stefania Patuto - Immigration Barrister

The Hong Kong BN(O) Household Member Visa is an immigration route for adult children (aged 18 or over) of a BN(O) Status Holder or a BN(O) Status Holder’s partner, born on or after 1 July 1997, to live, work and...

 study in the UK.   The government announced in February 2022, that the BN(O) Household Member route was going to be expanded to allow adult children (born on or after 1 July 1997) of BN(O) Status Holders...

British Citizenship by Naturalisation: Absences from the UK
By Richmond Chambers -

The British Nationality Act 1981 allows individuals to naturalise as a British citizen under section 6(1) or 6(2) of the Act.  Although there are strict absence requirements, the Home Office may exercise discretion...

 where these have not been met. In this post we will explore the absence requirement for British citizenship by naturalisation as well as when discretion might be exercised when absences exceed the...

Why Do I Need a BRP Card?
By Geraldine Peterson - Immigration Barrister

We are currently receiving many enquiries about the need for Biometric Residence Permits or cards (BRPs) from people who have held indefinite leave to remain for many years, often evidenced by stamps in...

 expired or lost passports.  For instance, it may come as a surprise to many to discover that a BRP card may be requested, even by current employers, to prove the right to work in the UK.   This post explains the...

What is British Citizenship by Double Descent?
By Richmond Chambers -

Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983.  If you were born outside the UK, and so was your British parent, you are unlikely to be British...

 by descent.  British Citizenship by Double Descent Section 2 of the British nationality Act 1981 says:  A person born outside the United Kingdom and the qualifying territories after commencement shall...

Long Residence ILR: Section 3C & Paragraph 39E
By Richmond Chambers -

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...

Hong Kong BN(O) Visa for BNO Status Holders
By Richmond Chambers -

The BN(O) Status Holder route is for an adult BN(O) who is ordinarily resident in Hong Kong or the UK. The route opens on 31 January 2021.   There are validity, suitability and eligibility requirements that you...

 must meet to make the application. The eligibility requirements include having BN(O) Status, proving your ordinary residence, showing adequate maintenance and accommodation, and providing a TB Certificate...

Transferring ILR Visa to a Biometric Residence Permit
By Stefania Patuto - Immigration Barrister

A Biometric Residence Permit (BRP) is proof of a right to reside, work or study in the UK. It will include the following information: Name Date of birth  Place of birth Biometric information including fingerprints  A...

 photograph  Immigration status.  For those who have obtained indefinite leave to remain but do not have a BRP, a No Time Limits (NTL) application can be made to transfer ILR to a BRP.  When to...

Indefinite Leave to Remain (ILR): Frequently Asked Questions
By Olivia Waddell - Immigration Barrister

Not quite British citizenship, and yet more than just a visa…the status of ‘Indefinite Leave to Remain’ 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 this status, including how to prove it, the rights that it gives you, and how it can be lost or maintained.  Q: What is ILR? A: Indefinite Leave to Remain...

Revocation of ILR which has been obtained by deception
By Richmond Chambers -

Section 76 of the Nationality, Immigration and Asylum Act 2002 gives the Secretary of State the power to revoke indefinite leave to enter or remain (ILE or ILR) in the United Kingdom in various circumstances including...

 where: … 2) leave was obtained by deception; This provision applies to anyone who has indefinite leave to remain, whatever the reasons for granting ILR. It can therefore apply to those who were...

Deprivation of British citizenship
By Alex Papasotiriou - Immigration Barrister

Who said immigration woes are reserved for the non-British? Section 40 of the British Nationality Act 1981 (“1981 Act”) affords the Secretary of State a power to deprive an individual of their British citizenship...

 on two occasions: If the Secretary of State is satisfied that deprivation is “conducive to the public good” (section 40(2)); or If the Secretary of State is satisfied that the registration or...

Right of Abode in the UK for Commonwealth Citizens
By Richmond Chambers -

In this post we look at some of the most frequently asked questions about the right of abode in the UK for Commonwealth citizens. This post covers: what the right of abode is, how to find out if you have the right...

 of abode in the UK if you are a Commonwealth citizen and how to prove you have it. What is the right of abode? The right of abode is an immigration status which means a person is free to live in, work in,...

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,...
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