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LOCATION: Home » Settlement and Citizenship » Page 8

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Life in the UK Test Top 10 Questions
By Richmond Chambers -

Here are the top 10 questions that our clients ask us about the Life in the UK test. What is the Life in the UK test? A requirement of your indefinite leave to remain and citizenship application will be to demonstrate...

 sufficient knowledge about life in the United Kingdom in accordance with the requirements of the Immigration Rules.  In order to satisfy this requirement you will need to take and pass the Life in the...

Good Character Requirement in Citizenship Applications
By Alexandra Pease - Barrister Partner

The British Nationality Act (BNA 1981) contains a good character requirement, which applies to certain applications for registration and naturalisation for those over 10 years old at the date of application.   The...

 good character requirement previously only applied for naturalisation applications, but in 2010 this was extended to other routes to citizenship. Definition of Good Character The BNA 1981 does not...

Registration of a child born in the UK as a British Citizen
By Richmond Chambers -

Children born in the UK on or after 1 January 1983, whose parents have only limited leave (for example, visitors, students, Point Based System migrant, refugees granted status after 30 August 2005 and who are granted...

 limited leave initially), or who have a form of limited exceptional leave (for example humanitarian protection, discretionary leave, leave outside the rules), or who have no leave (for example asylum...

UK Visa Requirements for South African Citizens
By Richmond Chambers -

Many South African citizens have some connection to the UK which may give rise to a basis on which they can apply for a visa to move to the UK.  For example, as a citizen of South Africa, you might have a British...

 parent, grandparent, or partner. In this post we look at the options you might have for relocating to the UK as a South African with a British parent, grandparent or partner, as well as alternative UK visa...

Visit Visas and 10 Years Long Residence ILR
By Stefania Patuto - Immigration Barrister

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. This post provides an update in the case...

 law addressing continuous lawful residence requirement for 10 year long residence ILR in light of the case of R (Mungur) v Secretary of State for the Home Department [2021] EWCA Civ 1076. Specifically the...

Overstaying and 10 Years Long Residence ILR
By Dr. Catherine Taroni - Immigration Barrister

In order to qualify for indefinite leave to remain (ILR) in the UK on the ground of long residence, applicants need to satisfy UK Visas and Immigration that they have spent a period of at least 10 years residing...

 in the UK continuously and lawfully.  In two recent cases, the Upper Tribunal and Court of Appeal have looked at overstaying and 10 years long residence ILR, with a particular focus on overstaying between...

British Citizenship Application Refused - What Now?
By Alexandra Pease - Barrister Partner

The requirements to become a British citizen are set out in British Nationality Law; the relevant law is mainly in the British Nationality Act 1981. Some children and adult applicants may be entitled to register...

 as British citizens, provided they meet the relevant requirements. Other applicants will rely on the Secretary of State’s discretion to either be registered (children) or be naturalised (adults) as a...

Hong Kong British National (Overseas) Visa Application: FAQs
By Annie Ee - Senior Legal Associate

The Hong Kong British National (Overseas) visa route was launched in January 2021. Eligible applicants are able to apply for a Hong Kong BN(O) Visa visa from within the UK or from outside the UK. In this...

 post, we answer some frequently asked questions relating to the Hong Kong BN(O) Status Holder Visa.  Who Is Eligible for a Hong Kong BN(O) Status Holder Visa? A British National (Overseas) is someone who was a...

UK Returning Resident Visa - A Practical Guide (2)
By Alexandra Pease - Barrister Partner

This is the second part of our practical guide to applying for a Returning Resident Visa in which we address a number of frequently asked questions regarding returning residence visa applications.  In our previous...

 post we looked at the position for returning residents who have been away from the UK for less than 2 years.  In this post we consider what happens if you were granted Indefinite Leave to Enter or...

UK Returning Resident Visa - A Practical Guide (1)
By Alexandra Pease - Barrister Partner

There are many benefits to holding Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR), as we examined in this earlier post.  In this post we examine the position for those  who wish to enter...

 the UK as a Returning Resident after having been away from the UK for less than 2 years.  In the next post in this series we will consider what happens if you were granted Indefinite Leave to Enter or...

British Citizenship & Naturalisation - How To Apply
By Dr. Catherine Taroni - Immigration Barrister

If you are at least 18 years old and have been granted indefinite leave to remain, EU settled status, or have acquired a right of permanent residence in the UK under the EEA Regulations, you may be eligible to...

 apply for British Citizenship on the basis of Naturalisation as a British citizen.  A naturalisation application to become British is not the same as applying for a British passport – you must submit...

Updated Guidance on Registration of Children as British Citizens by Discretion
By Richmond Chambers -

Section 3(1) of the British Nationality Act 1981 (‘the Act’) states that:  ‘If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if...

 he thinks fit, cause him to be registered as such a citizen.’  This is known as registration by discretion. The factors guiding the exercise of discretion are set out in the Home Office policy guidance. This...
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