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First virtual citizenship ceremony welcomed by Home Office minister

Local authorities will now be able to conduct citizenship ceremonies for individuals and households virtually. As a result of coronavirus restrictions, group citizenship ceremonies have been suspended. However, citizenship ceremonies will now be allowed to take place via video conferencing. The move will allow applicants to complete their unique citizenship journey and become British citizens. The first virtual citizenship ceremony has been led by Southwark Council, London, who will begin offering the option from today. To mark the momentous occasion Home Office Minister, Kevin Foster, attended the UK’s first virtual citizenship ceremony. He said: This ceremony is a moment in history as it is the first to be undertaken virtually. It is good to see how the process has been adapted by local Councils to allow ceremonies to still take place during these difficult times. Citizenship ceremonies are important as they recognise the commitment the new citizen has made to the UK, in establishing their home here, contributing to the economy, and having learned about life in the United Kingdom, its culture, laws and history. Those aged 18 or over who have successfully applied to become a British citizen must attend a citizenship ceremony. During the ceremony, individuals make an...

Get British citizenship

There are various approaches to apply for British citizenship depending on your conditions. While you were born in the UK You do not naturally get British citizenship in the event that you were born in the UK. It relies upon when you were born and your parent’s conditions. You might be qualified to apply for citizenship in the event that you were born in the UK and are not a British resident. While you moved to the UK You may be eligible to apply for British citizenship by naturalisation which depends on your condition. When you are married to or in a civil partnership with a British citizen You must have lived in the UK for the last three years to apply as the spouse or civil partner of a British citizen. You will require having Indefinite leave to remain. You have settlement status under the EU settlement scheme. A permanent residence document confirming you have permanent residence status. Indefinite leave to remain You can apply for indefinite leave to remain after you have lived in the UK for five years. If you aspire to apply for citizenship with ILR you must live in the UK for 12 months after...

How to get British Passport

If you are living in the UK and wish to settle permanently you can apply for UK permanent residency which is also known as Indefinite Leave to Remain. Once you are holding ILR you have the chance to apply for full UK citizenship. Applicants can apply for ILR after five years of legal residence in the UK. However in some cases it will be sooner. You can apply for UK citizenship after five years of residence. There are different ways to become UK citizenship. By birth By Registration By naturalisation By adoption UK citizenship by Birth You do not get British citizenship if you were born in the UK. It depends on where you were born and your parent’s circumstances. You are usually automatically a British citizen if you were born in the UK on or after 1 January 1983. You will be automatically British citizen when one of your parents was British citizen or settled in the UK. British citizenship by registration If you are not qualified for British citizenship automatically you are more likely eligible for registration as a British citizen. In order to be entitled to register as a British citizen you will need to satisfy the...

Application process for Indefinite Leave to Remain and British Citizenship and advantages of having British Citizenship

Indefinite Leave to Remain is provided to those who have not held the rights of abode in the UK. This article will discuss the rules and regulation needed to follow before applying for Indefinite Leave to Remain. Let’s consider first about qualification. To be eligible an individual must be presented for a certain time in the UK for a specific reason on a temporary visa. However, you are not automatically for ILR. You must submit an application form to UKVI to consider. In addition you also require submitting proof of your abilities. With the presence in the UK for the required qualify period, an individual is not allowed to stay away of the UK for 180 days in any 12 months. Moreover, you must show evidence of your English skill including speaking and listening qualification. Then it is time for an application form. To complete form you must consider in which visa category you are applying for. There are two forms of visa categories. One is if you apply for indefinite leave to remain while you have a partner who is settled in the UK and another one is when you under Tiers 1 and 2 of the points-based system...

The principles of case laws related to illegal entrant to the UK impacting British Nationality Applications

We have seen a rise on the number of British Nationality application's being refused, on the sole notion of failing to meet the Good Character requirements. British Nationality law itself is complex. It's policies and definitions are drawn from policy guidance's drawn up by the Home Office and then case laws provides us clarifications on how these rules are supposed to be interpreted. I have found that not all case laws provides us the absolute guidance which means an application for British Nationality must contain the correct references as well as the correct arguments. We start on the case of MA (Illegal entrance - not para 395C) Bangladesh [2009] UKAIT 00039. The appeal was related to the definition of illegal entrance to the UK. In the circumstances and the factors mentioned in paragraph 395 of the Immigration Rules Hc395 are relevant only to a Section 10 Removal and not to the case of removal of an illegal entrant. Had it been intended that these criteria were to be made to be applicable to the case of an illegal entrant whose removal was contemplated, then the Rule would have said so - the forward slashes in the heading of the notice of immigration decision clearly...

Naturalisation as a British citizen by discretion – changes published on August 2017

Naturalisation as a British citizen by discretion. A person may be granted a certificate of naturalisation under section 6 (1) of the British Nationality Act if, the applicant: is at least 18 years old; is of full capacity; meets the residence requirements or is serving outside the UK in Crown Service under the government of the UK; is of good character; has sufficient knowledge of English, Welsh or Scottish Gaelic language, and can provide the required evidence to support this; has sufficient knowledge of life in the UK and provides the required evidence to support this; if successful, intends to have their main home in the UK or enter into or continue in any of the following: o Crown service under the government of the UK o service under an international organisation of which the UK or the UK government is a member o service in the employment of a company or association established in the UK. Full capacity is defined in section 50(11) of the British Nationality Act 1981 as being ‘not of unsound mind’. It is not further defined in the act, but the requirement can be regarded as having been satisfied if the standard set out below...

STATELESSNESS

A stateless person is one who is not regarded as a national by any state under the operation of its law.  As a result of the United Kingdom's obligations under the United Nations Convention on Statelessness 1961 (Cmnd 1825), the British Nationality Act 1981 contains a number of provisions relating to stateless persons. The principal statelessness provisions are contained in Schedule 2 to the Act but the point does arise elsewhere too. The following paragraphs provide a brief summary of the statelessness provisions - for a more detailed description, see the appropriate chapters in Volume 1 (as indicated). Under s.50(7) (and, since 21 May 2002, s.50(7A) and (7B)), a child born on a British ship or aircraft neither of whose parents is a BC (or BOTC, as the case may be) at the time of the birth will only acquire that citizenship if the child would otherwise be stateless. If you would like to get legal advice on complex British Nationality cases, please contact us today on 0207 237 3388 or e-mail us your query to info@icslegal.com. You may want to speak with one of our specialist lawyers, so please click here to book a consultation: https://icslegal.com/book_consultation.php. 

7 years concession for under 18

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions.The changes to the policy from 9th July 2012, brought a new legislation under Appendix FM of the Immigration Rules. It states the following: Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below: (a) They have a genuine and subsisting parental relationship with a child who is under 18. (b) The child is in the UK. (c) The child either 1. is British; or 2. has lived in the UK for at least 7 years preceding the date of the immigration decision. (d) It would not be reasonable to expect the child to leave the UK. (e) There is no other family member who is able to care for the child in the UK. If you believe your case can benefit from this policy, then please speak to ICS...