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Historical background information on nationality

Historical background information on nationality British nationality remains one of the most complex part of British law, due to changes in the Nationality Law's as well as countries gaining their independence. The history of British nationality law falls into 4 periods, which are marked by key pieces of legislation: before 1915; between 1915 and 1948; between 1949 and 1983; after 1983. The 1948 Act, which came into force on 1 January 1949, introduced the status of citizen of the UK and Colonies (CUKC) whilst retaining the term British subject to cover every citizen of a Commonwealth country, including the UK and the Colonies. Between 1947 and 1951, the 9 Commonwealth countries which became independent (for nationality purposes) on 1 January 1949 introduced their own citizenship laws. The dates of the citizenship laws were as follows: Australia - 26 January 1949. Canada - 1 January 1947. Ceylon - 1 January 1949. India - 26 January 1950. Newfoundland - 31 March 1949. New Zealand - 1 January 1949. Pakistan - 13 April 1951. South Africa - 2 September 1949. Southern Rhodesia - 1 January 1950. UK - 1 January 1949. Persons closely connected with the UK or existing British territories remained British...

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088

Neutral Citation Number: [2018] EWCA Civ 1088 Case No: C9/2017/3535 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE UPPER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) The Royal Courts of Justice Strand, London, WC2A 2LL Friday, 20 April 2018 Before: LORD JUSTICE SINGH - - - - - - - - - - - - - - - - - - - - - Between: BAIGAZIEVA Appellant - and – SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent - - - - - - - - - - - - - - - - - - - - - (DAR Transcript of WordWave International Ltd trading as DTI 8th Floor, 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 704 1424 Web: www.DTIGlobal.com Email: TTP@dtiglobal.eu (Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - - - - - - The Appellant did not appear and was not represented The Respondent did not appear and was not represented - - - - - - - - - - - - - - - - - - - - - Judgment (Approved) LORD JUSTICE SINGH: 1.     Introduction Because of the relatively...

Statement of changes to the Immigration Rules: HC1154, 15 June 2018

Statement of changes to the Immigration Rules: HC1154, 15 June 2018 The purposes of the main changes are to: Make provision for returning residents, including those affected by Windrush. Create a route for Afghan locally engaged staff to apply for settlement in the UK and to extend the ex-gratia redundancy scheme by six years, to include those made redundant on or after 1 May 2006. Create a new settlement route for Turkish ECAA business persons, workers and their family members. Create a new form of leave for people, transferred to the UK under the Dubs amendment, who do not qualify for international protection. Exempt all doctors and all nurses from the annual Tier 2 (General) limit.  Create new provisions in the Tier 1 (Exceptional Talent) category. The changes to Part 7 set out in paragraph 7.2, to Part 8 set out in paragraphs 8.1 and 8.2, to Part 11 set out in paragraph 11.1, to Appendix A set out in paragraphs A14 to A17 and A21 to A25, to Appendix ECAA set out in paragraph ECAA1., to Appendix FM set out in paragraphs FM1. to FM4. and to Appendix FM-SE set out in paragraphs FM-SE1. and FM-SE2. of this...

SS (Nepal) v Entry Clearance Officer [2013] EWCA Civ 1206

Case No.: C5/2012/2370 Neutral Citation Number: [2013] EWCA Civ 1206 IN THE COURT OF APPEAL (CIVIL DIVISION) Date of Hearing: 25/07/2013 Date of Ruling: 25/07/2013 Before: LORD JUSTICE MOORE-BICKLORD JUSTICE ELIASLORD JUSTICE LEWISON Between: SS (NEPAL) Appellant - and - ENTRY CLEARANCE OFFICER Respondent Judgment - - - - - - - - - - - - - - - - - - - - - (DAR Transcript of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400 Fax No: 020 7831 8838 Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - - - - - - Mr Zane Malik and Mr Nazir Ahmed (instructed by Messrs Ash Norton) appeared on behalf of the Appellant. Mr Andrew Sharland (instructed by Treasury Solicitors) appeared on behalf of the Respondent. - - - - - - - - - - - - - - - - - - - - - Lord Justice Elias: 1.     The appellant, a citizen of Nepal, was born on 31 July 1994. He is the son of a Ms Pardhan(inaudible) who has a residence permit(inaudible) as a domestic worker allowing herhim to...

European Court of Justice rules directive on freedom of movement includes same-sex spouses

European Court of Justice rules directive on freedom of movement includes same-sex spouses Press and Information Court of Justice of the European Union PRESS RELEASE No 80/18 Luxembourg, 5 June 2018 Judgment in Case C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrӑri and Others The term 'spouse' within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex Although the Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory Mr Relu Adrian Coman, a Romanian national and Mr Robert Clabourn Hamilton, an American national, lived together in the United States for four years before getting married in Brussels in 2010. In December 2012, Mr Coman and his husband contacted the Romanian authorities to request information on the procedure and conditions under which Mr Hamilton, in his capacity as a member of Mr Coman's family, could...

Home Secretary says paragraph 322(5) refusals of highly skilled migrants have been put on hold pending review findings

In a letter to the Home Affairs Committee, the Home Secretary has said that applications for indefinite leave to remain (ILR) by highly skilled migrants that could face refusal under paragraph 322(5) of the Immigration Rules have been put on hold pending the findings of a Home Office review. For background on the controversy over highly skilled migrants being refused under paragraph 322(5) for minor and non-criminal tax discrepancies, see our earlier article here from last week. The Home Secretary, Sajid Javid, wrote a letter to the Home Affairs Committee Chair, Yvette Cooper, on Friday and gave the following further details on the matter: "As you are aware, I have asked the Immigration Minister to conduct a review of the cohort of cases who arrived under the Tier 1 General route and were refused due to discrepancies with their HMRC records. I expect the review of the initial cohort of applications identified to be completed by the end of May after which I will report back to the Committee "I can confirm that all applications potentially falling for refusal under the character and conduct provisions of paragraph 322(5) in the Tier 1 (General) ILR and 10-year Long Residency routes, where...