Naturalisationo If not British at time of birth, may be entitled to register as British if parent...

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Naturalisation University of Reading 15 February 2017 Alex Russell, Principal Associate

Transcript of Naturalisationo If not British at time of birth, may be entitled to register as British if parent...

Page 1: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

NaturalisationUniversity of Reading

15 February 2017

Alex Russell, Principal Associate

Page 2: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Agenda for todayo Brexit – the implications

o Naturalisation

– Link with permanent residence

– Eligibility requirements

– Application process

o Practical tips

o Questions

Page 3: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

The caveat….o Complex area of law

o Personal circumstances relevant

Page 4: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

‘Brexit means Brexit’o Recent developments

o The current status of EEA nationals

o Possible future developments

o Actions EEA nationals should consider

– Confirming permanent residence

– Registration certificates

– Naturalisation

Page 5: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

British citizenship – naturalisation

Page 6: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Why consider naturalisation?o Possibly the best way of ensuring ongoing right to live

and work in the UK following Brexit

o Permanent

o UK passport

o Consular assistance

o But some potential drawbacks…..

Page 7: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation – home nationalityo Dual nationality not permitted by all countries

o Can result in applicant or family members losing

citizenship of other countries

o Potential implications for EU freedom of movement

rights for applicant and family members in UK

o May also affect tax and pension position

Page 8: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation – overviewo British Nationality Act 1981

o Most common way for adults to acquire citizenship

o Not an entitlement – discretionary

o Various requirements, some compulsory and some

discretionary

o Permanent residence application required first

Page 9: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation - routeso Two main categories depending on whether applicant

is spouse of partner of a British citizen

– No British citizen spouse – 6 year route

– British citizen spouse – 5 year route

o Different requirements apply to each route

Page 10: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation – no British citizen

spouse or partner

Page 11: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Eligibility requirementso Requirements on date of application

– 18+

– Be of sound mind and good character

– Intend to

o have home or principal home in UK, or

o to continue to work in service of international organisation, company, or association established in UK

– Meet KOLL requirements

Page 12: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Residence requirementso In addition, must meet residence requirements

– Minimum of 5 years in UK ending on date of application

– During 5 years spent no more than 450 days outside UK

– During last 12 months of 5 year period spent no more

than 90 days outside UK

– Free from immigration restrictions for 12 months ending

on date of application

Page 13: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Residence requirementso Free of immigration restrictions

– For EEA nationals = permanent residence

o So effectively a six year route

Page 14: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation – British citizen

spouse or partner

Page 15: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Eligibility requirementso Requirements on date of application

– 18+

– Be of full capacity and good character

– Be married to or registered as the civil partner of British

citizen on date of application

– Meet KOLL requirements

Page 16: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Residence requirementso In addition, must meet residence requirements

– Minimum of 3 years in UK ending on date of application

– During 3 years spent no more than 270 days outside UK

– During last 12 months of 3 year period spend no more

than 90 days outside UK

– Free of immigration restrictions on date of application

Page 17: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Residence requirementso Free of immigration restrictions

– For EEA nationals = permanent residence

o So effectively a five year route

Page 18: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation – eligibility

requirements in more detail

Page 19: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Good charactero High standard, checks conducted

o Led law abiding life in UK, respectful of ‘rights and freedoms’ of the UK and will be ‘dutiful’ citizen

o Possible problem areas

– Criminal convictions, cautions, pending prosecution, unpaid fixed penalty notices, non payment of tax, deception, corruption, risk to public order, financial issues

Page 20: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Future intentionso To ensure applicant who is not spouse or civil partner

of British citizen has not decided to break link with UK

o Past behaviour relevant

Page 21: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UKo Sufficient knowledge of

– English language

– Life in the UK

o Limited exemptions

– Over 65

– Mental or physical condition

Page 22: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UK - languageo English language requirements

– National of majority English speaking country

– Speaking and listening qualification at Level B1 CEFR

– Academic qualification at Bachelor’s or above

o Taught or researched in English

o Taught or researched in UK or majority English speaking

country (other than Canada)

Page 23: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UK - languageo Documents

– Current passport or travel document (nationality)

– Approved Home Office test (speaking/listening

qualification)

o IELTS, but also others

o See GOV.UK website

Page 24: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UK – languageo Documents (academic qualification)

– Original degree certificate or original academic transcript

and official letter from institution

– Evidence of academic level of degree and

taught/researched in English – NARIC certificate

Page 25: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UK – life in the UK o Study official handbook

o Take ID to test centre

o Pass notification letter

o No limit on retakes!

Page 26: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UK - multiple choiceo When did Britain become permanently separate from

the continent by the Channel?

A About 5,000 years ago

B About 10,000 years ago

C About 20,000 years ago

D About 30,000 years ago

Page 27: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

KOLL in the UK - multiple choiceo When was the first Union flag created?

A 1506

B 1556

C 1606

D 1656

Page 28: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Naturalisation – application

process

Page 29: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Application processo Form AN, Guide AN, Nationality Instructions

o Supporting documents

o Referees

o Biometrics

o Nationality Checking Service

o Fees and processing times

Page 30: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Citizenship ceremonyo Attend within 3 months of date of letter confirming

approval of application – book

o Held in groups

o Oath of allegiance

o Certificate of naturalisation

– Right of abode

o Apply for passport

Page 31: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Challenging a refusalo No statutory right of appeal

o Reconsideration – Form NR

o Judicial review

Page 32: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

British citizenship – automatic

acquisition and registration

Page 33: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Overviewo Relevant for children (under 18)

o But complex, many potential routes

o Consider personal circumstances

o Guide MN1

o Overview of basic principles only

o Automatic acquisition and registration

Page 34: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Children of EEA nationalso Born in UK before 02/10/2000 to EEA national parent

– Automatically British citizen if parent was exercising

Treaty rights at time of birth

Page 35: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Children of EEA nationalso Born in UK between 02/10/2000 and 30/04/2006 to

EEA national parent

– Automatically British citizen only if parent had ILR in the

UK at the time of the birth

Page 36: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Children of EEA nationalso Born in UK to EEA national after 30/04/2006

– Automatically British citizen if parent had been in UK

exercising Treaty rights for more than 5 years, or has ILR

Page 37: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Children of EEA nationalso If not British at time of birth, may be entitled to register

as British if parent has since become settled or British

citizen

o Settled means

– ILR

– Exercising EEA free movement rights for continuous

period of 5 years ending on or after 30/04/2006

Page 38: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Children – 10 year ruleo If child lives in UK for first 10 years of life, can

potentially register as British even if parents are not

settled

o Absence requirements

o Guide T

Page 39: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Born abroado Born abroad to parents applying for citizenship

– Can apply for children to be registered as part of family

application

– Discretionary

Page 40: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Practicalitieso Different application forms

o Specific advice often required

o Nationality Instructions and Guide MN1

Page 41: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

Questions

Page 42: Naturalisationo If not British at time of birth, may be entitled to register as British if parent has since become settled or British citizen o Settled means –ILR –Exercising EEA

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