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Immigration Update : November 2012
1 November 2012

Immigration Update : October 2012
1 October 2012

Immigration Update : September 2012
1 September 2012

Immigration Update : August 2012
1 August 2012

Immigration Update : July 2012
1 July 2012

Immigration Update : June 2012
1 June 2012

Immigration Update : May 2012
1 May 2012

Immigration Update : March 2012
1 March 2012

Closure of Biometric Resident Permits Management Service
24 February 2012

IMMIGRATION UPDATE : February 2012
February 2012

Immigration Update Newsletter : January 2012
31 January 2012

Taiwan is added to the Tier 5 youth mobility scheme
26 January 2012

English Language Requirements for spouses, partners and points-based applications
26 January 2012

Closure of Tehran visa application centre
26 January 2012

Call for evidence on the level of the annual limit on Tier 2
07 November 2011

Tier 1 Post Study Work route will close in April 2012
07 November 2011

Additional requirements for applicants submitting NikahNamas and Afghan marriage certificates
25 Oct 2011


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Naturalisation
In February 2008, the UK government outlined proposals to change the way that applicants can become British citizens involving earned, or active citizenship.  Further information on the implementation of the proposed changes will be announced following parliamentary approval in 2009.  Until then, the existing arrangements for naturalisation as detailed below will continue to remain in place.

Standard requirements for naturalisation as a British citizen are that applicants must:

  •   be aged 18 or over; and
  •  be of sound mind; and
  • can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
  • have sufficient Knowledge of Life in the UK (by having passed the Life in the UK Test); and
  •  be of good character; and
  • meet the necessary residence requirements


Requirements for spouses and civil partners of British citizens

An applicant who is the spouse or civil partner of a British citizen and is applying for British citizenship on this basis must demonstrate that they have lived in the UK for a period of at least three years immediately preceding submission of their application to UK Border Agency, and are free from immigration restrictions on the date of application (i.e. have Indefinite Leave to Remain in the UK). 

During the three year residential qualifying period, applicants may not have spent more than 270 days outside the UK, of which no more than 90 days may be in the final 12 month period prior to submission of the application. 

Applicants must also not have been in breach of their immigration conditions at any stage during their three year residential qualifying period.

Applicants must have been physically present in the UK at the start of their three year qualifying period.

Requirements for those applicants who are not married to British citizens:

An applicant who is not the spouse or civil partner of a British citizen must demonstrate that they have lived in the UK for a period of at least five years immediately preceding submission of their application to UK Border Agency.  Applicants must demonstrate that they have been free from immigration restrictions for at least 12 months before the application is made. 

During the five year residential qualifying period, applicants may not have spent more than 450 days outside of the UK, of which no more than 90 days may be in the final 12 month period prior to submission of the application. 

Applicants must also not have been in breach of their immigration conditions at any stage during their five year residential qualifying period.

Applicants must have been physically present in the UK at the start of their five year qualifying period.

Applicants must intend to continue to have their principal home and live in the UK.


Registration of minor children:

Children born in the UK

A child born in the UK, whose parents were not settled or British citizens at the time of the birth but who have since become settled or have acquired British citizenship, will have an entitlement to register as a British citizen.

Children born outside the UK

Children born outside the UK may be apply to be registered as British citizens if one or both parents are applying for British citizenship.

For all applications for registration, children must:

  • be under 18 on the date that the application is received; and
  • be of good character if they are 10 years or over on the date of application.


Right of Abode:
A certificate of entitlement to the right of abode in the United Kingdom is proof of a person's right to live and work in the United Kingdom without any immigration restrictions.  Certificates are only issued if a person has the right of abode but has no other way of proving it eg. a United Kingdom passport or identity card showing the holder to be a British citizen or British subject with right of abode.

Who has right of abode?

A person will have the right of abode in the UK if they:

  •  were registered or naturalised as a British citizen on or after 1 January 1983; or registered or naturalised as a citizen of the United Kingdom and Colonies in the United Kingdom before 1 January 1983; or
  •  were born in the United Kingdom before 1 January 1983; or
  • are a Commonwealth (not British) citizen born before 1 January 1983 to a parent who was born in the United Kingdom; or
  • If you are a female Commonwealth citizen who was married before 1 January 1983 to a man with right of abode in the United Kingdom
 
For full details of the documentary requirements and a breakdown of the whole application process specific to your case contact us by email: info@definitive-is.com or call one of our experienced UK Immigration Consultants on 0870 240 7825.   Alternatively forward an online enquiry.
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