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British Citizenship

Applications to become British are being subjected to increased scrutiny. The good character requirements are being interpreted increasingly strictly, and there is no right of appeal if your application is refused for any reason. As a British Citizen, you can live and work in the UK free from immigration controls. Unless you are British by descent, you must apply to be granted British citizenship. To make absolutely sure why not contact us for advice and assistance on completing your application. You can speak directly to a specialist immigration adviser by calling 07596 408273 or alternatively you can complete our British Citizenship form. At Immigration Street Legal, we have extensive experience of British Citizenship applications and can provide the following service regarding your application; Advise you about the relevant immigration laws, UKVI / Identity & Passport Service procedures and policies Discuss your immigration history and advise you about the merits of your application Check that you meet the good character requirement Ensure that your absences from the UK are fully documented Assist you with the type of documents you must submit in support of your naturalisation application Certify your passport and other documentation which means that you do not have hand over your passport whilst your application is pending consideration at UKVI / Identity & Passport Service Complete the application with you and check your referees have correctly completed their section Prepare the covering letter to introduce and support your application Submit your application and liaise with the UKVI / Identity & Passport Service for an expeditious decision on your application Deal with all enquiries from UKVI / Identity & Passport Service Advise you about the implications of the UKVI / Identity & Passport Service decision on your application

Settlement / ILR

Settlement for Partners and Family Members Have you, or a loved one, received a UK visa refusal from within the UK or overseas? With the introduction of the Immigration Act 2014, it is now more important than ever to secure specialist and competent advice as quickly as possible. The new Act removes what were standard rights of appeal from numerous immigration categories, leaving applicants with severely restricted options. Expert advice should be sought immediately following receipt of a refusal to ensure your options are weighed carefully as the next steps are critical to a successful outcome. Following the removal of rights of appeal, applicants, depending on the nature of the refusal and application, may consider lodging a fresh application, or pursing an Administrative Review or Judicial Review. At Immigration Street Legal we understand that receiving a refusal is not only hugely disappointing, but moreover a worrying and distressing time for many. Get in touch with us as soon as possible and we will assess your situation and help salvage your application. Email us your refusal decision asap, and we will contact you to discuss your options. Immigration into the UK is becoming harder so unless you are already settled in the UK you immigration position is not secure. The rules and requirements are becoming stricter, and the current immigration climate has become colder and harsher. That is because the present government wishes to reduce immigration substantially and so are enforcing the rules more strictly as well as frequently introducing new and harder ones. A significant step in this has been the curtailing of appeal rights such that since 06 April 2015 there is no longer a full right of appeal if your visa is refused. You can only appeal if your application was on the basis of your family life in the UK, generally with a family member who is settled in this country, or if it was on the grounds that you have lived here for so long you have established a private life in the UK. You can only appeal on human rights grounds – that is, if you say that refusing your application is a breach of your human rights. Even before 6 April 2015 when the climate was more favourable appeals weren’t straightforward and Tribunal statistics from October – December 2014 showed that only 39% of appeals were successful. If you receive a refusal to your application due to the complications of UK immigration law it may be difficult for you to know what to do next. Should you appeal or re-apply? What is the time limit to do so? What is the appeals process? Having had one visa refusal, how do you know that another application will succeed? Fortunately, you don’t need to face this on your own – you can give yourself the best possible chance of success by contacting us at Immigration Street Legal. We will realistically assess the merits of your case and advise you on all the options open to you.

Long Residence

If you are a non-UK national and have lived in the United Kingdom continuously and lawfully for 10 years, then you may qualify for indefinite leave to remain (ILR) in the UK on the basis of long residence. You can apply for indefinite leave to remain on the ground of long residence regardless of the type or length of leave previously granted. This can include periods when you were waiting for a decision on an application for further leave to remain, provided that you submitted your application before your previous leave expired. Requirements for ILR on the ground of long residence: the 10 year ILR rule In order to qualify for settlement under the 10 year ILR rule, you will need to satisfy UK Visas and Immigration that: You have spent a period of at least 10 years residing in the United Kingdom continuously and lawfully; and There are no public interest reasons why it would be undesirable to grant you indefinite leave to remain; and There are no general grounds for refusing your application (such as a relevant criminal conviction); and You have demonstrated sufficient knowledge of the English language and about life in the United Kingdom; and You are not in the United Kingdom in breach of immigration laws. Continuous lawful residence Your 10 year period of lawful residence must be unbroken. It will be broken if at any time during the period relied upon: You were absent from the UK for more than 18 months in total; or Your were removed or deported from the UK; or You left the UK having been refused leave to enter or remain; You evidenced a clear intention not to return to the UK on leaving; or You left the UK with no reasonable expectation of being able to return lawfully; or You were sentenced to a period of imprisonment (not suspended) or directed to be detained; or You were absent from the UK for more than 6 months at any one time; or You were absent from the UK for less than 6 months but had no leave either upon departure or return (or both). Public interest If you are able to establish 10 years continuous lawful residence, UK Visas and Immigration will consider whether there are any reasons of public interest why your settlement application should not be approved, taking into account your: Age; Strength of connections in the UK; Personal history (e.g. character, conduct, associations, and employment record); Domestic circumstances; Compassionate circumstances; and Any representations submitted on your behalf. Relevant criminal conviction Amongst other grounds, your application will be refused if you: Have ever been sentenced to imprisonment for 4 years or more; or You have ever been sentenced to imprisonment for between 12 months and 4 years, but less than 15 years has passed since the end of your most recent such sentence; or You have ever been sentenced to imprisonment for less than 12 months but less than 7 years have passed since the end of your most recent such sentence; or Within the 2 years immediately prior to the date your application is decided you have been convicted of, or admitted, an offence for which you either received a non-custodial sentence (such as a fine or community sentence) or for which an out of court disposal is recorded on your criminal record (such as a penalty notice or caution). Breach of immigration laws You may still apply for indefinite leave to remain under the 10 year ILR rule if you have overstayed the expiry of your most recent period of leave, provided that you do so within 28 days. Dependents An application for settlement on the grounds of long residence is an individual application. Therefore, any dependents will be required to submit separate applications in their own right. Some dependents (such as children born in the UK) may be entitled to British Citizenship by Registration upon their parent being granted indefinite leave to remain in the UK.

Returning Resident

If you are a non-UK citizen and are not currently in the UK, but have previously been granted indefinite leave to remain in the UK, you may be eligible to return to the UK for settlement as a returning resident. The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a returning resident will vary depending upon whether you have been away from the UK for more, or less, than 2 years. If you have been outside the UK for more than 2 years then you should apply for a Returning Resident visa before travelling. You may also apply if you have been away for less than 2 years. In each case, entry to the UK may be refused if the requirements of the Immigration Rules are not satisfied. Requirements for entry as a Returning Resident: absent from the UK for less than 2 years You may be admitted to the UK for settlement as a returning resident if the Immigration Officer on arrival is satisfied that you: Had indefinite leave to remain in the UK when you last left the UK; and Have not been away from the UK for more than 2 years; and Did not receive assistance from public funds towards the cost of leaving the UK; and Now seek admission for the purpose of settlement. If you consider that the Immigration Officer may have concerns in relation to your ability to satisfy any of the above requirements then you should consider applying for a Returning Resident visa before you travel. Requirements for entry as a Returning Resident: absent from the UK for more than 2 years If you have been absent from the UK for over two years then you should apply for a Returning Resident visa before travelling to the UK. You will need to satisfy UK Visas and Immigration that you: Had indefinite leave to remain in the UK when you last left; and Did not receive assistance from public funds towards the cost of leaving the UK; and Now seek readmission for the purpose of settlement; and There are good reasons for you to be admitted as a returning resident. Having strong family ties in the UK, or having lived in the UK for most of your life, may be good reasons for you to be admitted as a returning resident. However there may be other good reasons. Intervening visits to the UK may assist; however they may also undermine an application for a returning resident visa depending upon the timing and circumstances of the visits.

Refugee Settlement

If you are a non-UK national and have been granted international protection in the United Kingdom for 5 years, you may qualify for indefinite leave to remain in the UK. You can apply for settlement if you have been granted asylum or humanitarian protection status in the UK and have held this status for 5 years. Any dependants granted asylum or humanitarian protection in line may also be included in the application. Requirements for settlement as a refugee or person with humanitarian protection status In order to qualify for indefinite leave to remain in the UK as a refugee or person with humanitarian protection status, you will need to satisfy UK Visas and Immigration that: You have held a UK Residence Permit as a person granted asylum or humanitarian protection status for a minimum period of 5 years; and Your UK Residence Permit has not been revoked or not renewed; and You have not been: Sentenced to imprisonment for 4 years or more; or Sentenced to imprisonment for between 12 months and 4 years, if less than 15 years has passed since the end of your most recent such sentence; or Sentenced to imprisonment for less than 12 months, if less than 7 years has passed since the end of your most recent such sentence; or Been convicted of an offence for which you either received a non-custodial sentence (such as a fine or community sentence) or for which another out of court disposal is recorded on your criminal record (such as a penalty notice or caution), if less than 2 years has passed since you received your sentence; or The Secretary of State considers that you have persistently offended and shown a particular disregard for the law, if less than 7 years has passed since your most recent sentence was received. Revoked or not renewed A grant of asylum may be revoked or not renewed if the Secretary of State is satisfied that you no longer need the protection of the UK. Circumstances which may lead to such a decision include: You have voluntarily returned to your country of nationality; or Having lost your previous nationality, you have voluntarily re-acquired it; or You have acquired a new nationality and enjoy the protection of that new country; or You have re-established your life in the country in which you previously claimed to fear persecution; or There have been significant and long lasting changes in the circumstances giving rise to your grant of asylum which mean that you cannot reasonably refuse to seek the protection of your country of nationality or former habitual residence; or You should be, or are, disqualified from being a refugee (e.g. due to having committed a crime against peace, a war crime, a crime against humanity, or acts contrary to the purpose and principles of the United Nations); or You have used a misrepresentation, submitted false documents, or omitted facts which were decisive for the grant of asylum; or There are reasonable grounds for regarding you to be a danger to the security of the UK; or You have been convicted of a particularly serious crime and constitute a danger to the community of the UK. A grant of humanitarian protection status may be revoked or not renewed for analogous reason Refugee Family Reunion. If you have already been granted refugee status in the UK and have not yet completed your 5-year leave to remain period, you can apply to have your wife and children join you in the UK. Please see our section entitled refugee family reunion for more information.

Or call us on 07596 408273