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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...

New Guidance on Varying a Settlement ILR Application and Granting Permission to Stay
By Alexandra Pease - Barrister Partner

The Home Office has published new guidance on when a decision maker should vary an application for settlement/indefinite leave to remain and grant permission to stay instead. Settlement: guidance on when to vary...

 a settlement application and grant permission to stay, Version 1.0 was published for Home Office staff on 24 June 2022.   Which Applications Does the Guidance Apply to? The new guidance on varying a...

Applying for Indefinite Leave to Remain: Special Considerations for Closed Categories
By Gillian McCall - Barrister Partner

In the last three years, the Entrepreneur, Investor and Sole Representative of an Overseas Business category have all closed to new entrants. Those who already have a grant of leave in the category or have applied...

 to enter prior to the relevant deadline are permitted to stay in the relevant category until they reach settlement. However individuals in these categories may have to pay closer attention to their...

British Citizenship by Automatic Acquisition: FAQs
By Richmond Chambers -

In this article we provide guidance on when an individual may have an automatic claim to British citizenship. What is British Citizenship by Automatic Acquisition?  Many people acquire British citizenship without...

 having to make any sort of formal application. This is known as British Citizenship by Automatic Acquisition. If you have British Citizenship then you can enter and reside in the United Kingdom free from...

Affordability Fee Waivers: Citizenship Registration for Under-18's
By Richmond Chambers -

The fee for a British citizenship application for a child is £1,012. However, the Home Office has recently introduced fee waivers for registration citizenship applications for children under the age of 18 if they...

 or their parents can prove they cannot afford it.  Detailed guidance on affordability fee waivers for citizenship registration applications for children under the age of 18 was released on 26 May 2022. A...

Recent Changes to 10 Year Family Settlement Routes
By Richmond Chambers -

There have been a number of recent changes to the Immigration Rules relating to Private Life and Family Life applications and Settlement under these routes.  In previous posts we have focused on changes made...

 to the Private Life route for leave to remain and settlement.  This article provides a summary of the new Rules for settlement on the basis of Family Life and continuous residence.  Appendix Settlement Family...
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