DJ Webb & Co. - Immigration Solicitors

BRITISH CITIZENSHIP
British Citizenship confers the right to live in the UK and freedom of movement in the European Union.

British Citizenship may be acquired through birth, descent, registration or naturalisation.

UK CITIZENSHIP THROUGH NATURALISATION
The general rule is that a foreign or Commonwealth national who has lived in the UK for five years or more can apply for naturalisation as a British citizen if they:

are of good character;
have sufficient knowledge of English;
intend, once naturalised, to have their principal home in the UK; and
meet the residence requirements outlined below.

UK CITIZENSHIP — RESIDENCE REQUIREMENTS
Persons applying for British citizenship through naturalisation must normally have:

been in the UK at the beginning of the period of 5 years ending with the date of application;
spent not more than 450 days outside the UK in the period and not more that 90 days outside the UK in the final 12 months immediately preceding the application for naturalisation;
held UK permanent residence (indefinite leave to remain) for at least the final 12 months immediately preceding the UK naturalisation application;
not been in breach of the UK Immigration Law during the 5 year period.

If, however, the applicant is married to a British Citizen on the date of application a three-year residence requirement is applicable. The applicant must show that he or she:

Was in the United Kingdom at the beginning of the three year period; and

On the date the application is received in the Home Office, his or her stay is not subject to any time limit under the immigration laws; and
In the three year period he or she was not outside the United Kingdom for more than 270 days; and
In the last twelve months of the three year period he or she was not outside the United Kingdom for more than 90 days; and
He or she was not at any time in the three-year period in the United Kingdom in breach of the immigration laws.

UK CITIZENSHIP THROUGH BIRTH Since the British Nationality Act of 1981 came into force, being born in the UK does not automatically result in the acquisition of British Citizenship.

British Citizenship can be obtained through birth, descent, registration or naturalisation. Our specialist nationality solicitors can advise on all aspects of this complex area of law.

UK DUAL NATIONALITY
The UK does not require that you give up other nationalities when you become a British citizen, although you are free to do so if you wish.

Persons with dual citizenship may apply to have a ‘Right of Abode’ stamp placed in their foreign passports to enable them to travel in and out of the UK on these if they wish. See Right of Abode under the ‘Types of UK entry and the rights to residence & citizenship they confer’ section later on this page.

The UK does not report your acquisition of citizenship to other countries or to the government of the country of which you are a citizen. However, some countries do not allow dual citizenship and may deprive you of their citizenship if they become aware of your UK naturalisation.

UK RESIDENCE
Residence in the UK that counts for naturalisation purposes is officially called ‘leave to enter’ or ‘leave to remain’ in the UK.

Residence is normally granted for short periods (often 1 year) and renewed annually, but may in certain circumstances be granted for a four year period. This depends on the immigration category under which the residence was granted and other factors.

Do not confuse "leave to enter" (permission to enter the UK granted by an immigration officer at the time of entry) with "leave to remain", which is granted by the Immigration and Nationality Directorate of the Home Office.

UK PERMANENT RESIDENCE
Permanent residence is known as "indefinite leave to remain" and is often referred to as ‘settlement’.

An application for permanent residence can be made after four years of residence under some immigration categories (for example, work permit holders, business entrepreneurs and investors), as long as the conditions specified by the Immigration Rules continue to be met.

A person with permanent residence may stay in the UK indefinitely so long as they do not leave the country for extended periods. The "returning resident" rules state that a person should not normally leave the UK for a period of over two years without returning to reclaim their residency.

Some types of residence, notably those relating to dependant relatives, confer immediate permanent residence. A more complete discussion of each type of UK entry and the rights to residence & citizenship it confers may be found below.

THE TEN YEAR CONCESSION
Students, like visitors, are not entitled to apply for permanent residence. This is because the rules specifically state that they must intend to leave the UK at the end of their studies or visit.

However, under a special concession, persons who have been lawfully in the UK ten-years can apply for permanent residence even if they were not legally resident (with ‘leave to remain’) for part or all of that period. This is not automatic right and each case is viewed on its own merits.

TYPES OF UK ENTRY AND THE RIGHTS TO RESIDENCE & CITIZENSHIP THEY CONFER
The following brief explanations describe each type of UK entry and the possibilities it offers to obtain residence, permanent residence and citizenship.

More information about the entry type can be found by following the underlined hyperlinks.

VISIT VISAS (including visas for tourist visits, business trips & other short-term visas) – allow short-term entry for periods of up to six months. Leave to remain will not normally be extended beyond six months or switched to another basis of stay, but it is worth checking with a specialist immigration solicitor if you decide to remain in the UK for another purpose while already in the UK.
UK Tourist Visas & other short term visas
UK Business Visas & Residence.
STUDENTS – may be granted leave to remain for extended periods in order to complete a course of study. However their status does not normally lead to indefinite leave to remain.
UK Study Visas.
TRAINING – leave to enter or remain is granted for the period of the training but will not lead to the grant of indefinite leave to remain.
UK Training & Work Experience.
WORK EXPERIENCE – leave to remain is normally granted for a maximum period of twelve months and will not lead to the grant of indefinite leave to remain.
UK Training & Work Experience.
COMMONWEALTH WORKING HOLIDAYMAKER – leave to enter is granted for a maximum period of two years.
UK Work Permits.
WORK PERMIT – a work permit holder can apply for indefinite leave to remain if he or she remains in work permit employment for a period of four years and can show that he or she is still required for the employment in question.
UK Work Permits.
SOLE REPRESENTATIVE – an employee of an overseas firm may be granted leave to enter in order to establish a subsidiary or branch office in the UK. An application for indefinite leave to remain may be made after four years.
UK Work Permits.
EC ASSOCIATION AGREEMENT - self-employed persons from certain Central and East European countries may be granted leave to enter or remain under the provisions of the relevant Association Agreement. Such persons may apply for indefinite leave to remain (permanent residence) after four years in the UK.
UK Work Permits.
ENTREPRENEUR - self-employed persons may be granted leave to enter under the business entrepreneur rules. An application for leave to remain can be made after four years on condition they continue to meet the requirements of the relevant rules.
UK Residence through Investment.
INVESTORS - can apply for permanent residence after four years in the UK as long as they continue to meet the requirements of the relevant rules until indefinite leave to remain (permanent residence) is granted.
UK Residence through Investment.
RETIRED PERSON OF INDEPENDENT MEANS - can apply for permanent residence after four years in the UK.
UK Retirement.
HUSBAND/WIFE/MINOR CHILD - can normally apply for indefinite leave to remain (permanent residence) after a probationary period of twelve months.
UK Family Related Immigration.
FIANCÉE - if married within six months of arriving with a husband/fiancé visa, the person may then apply for permanent residence (leave to remain) as a spouse.
UK Family Related Immigration.
PARENTS & OTHER RELATIVES - may be granted indefinite leave to remain if certain conditions are met.
UK Family Related Immigration.
UK BORN GRANDPARENT – persons entering on the basis that they are a Commonwealth citizen with a grandparent born in the UK may apply for indefinite leave to remain (permanent residence) after four years.
UK Family Related Immigration.
ASYLUM - individuals recognised as UN Convention refugees are granted indefinite leave to remain.
UK Asylum & Political Refugee Information.
RIGHT OF ABODE – UK citizens holding dual citizenship (two or more nationalities) are entitled to a ‘Right of Abode’ stamp in their foreign passport/s to enable travel to the UK without hindrance should they wish to enter or leave the UK on their foreign passport/s. See UK Dual Nationality above.
RIGHT OF ABODE FOR COMMONWEALTH CITIZENS - Commonwealth citizens with a British born parent may claim UK Right of Abode. Women Commonwealth nationals married to a British Citizen on or before 1 January 1983 may also claim UK Right of Abode. In limited circumstances some Commonwealth women may be eligible to be issued with a certificate of entitlement to the right of abode.
RETURNING RESIDENT - persons with indefinite leave to remain (permanent residence) should not leave the UK for more than two years without returning to reclaim their residency. Failure to do so may result in loss of their indefinite leave to remain status.
EU CITIZENS – EU citizens have the right to live and work in the UK. Non-EU family members accompanying or joining an EU national may also obtain UK residence if the relevant procedures are followed.

RENEWAL OF RESIDENCE

Persons with ‘leave to remain’ must be sure to apply for extensions of their stay prior to the expiry of their existing leave.

Applications are made to the Immigration and Nationality Directorate of the Home Office (usually using a mandatory application form) and must include supporting documentation to show that the individual continues to be eligible for further ‘leave to remain’.

Care must be taken to make applications in good time otherwise the residency will lapse and the individual will become an overstayer which makes them liable to enforcement action.

DJ Webb operates a reminder service for our clients to ensure that renewal applications are made in good time.

PROFESSIONAL ADVICE & ASSISTANCE

DJ Webb are specialist immigration solicitors with years of experience in all aspects of UK residence and nationality.

We offer professional advice & assistance from the first stages of preparation of applications through all the stages or residence to citizenship.

IMPORTANT NOTE: Material included in this site is provided for informational purposes only and does not constitute legal advice. Transmission of this information is not intended to constitute a lawyer-client relationship between DJ Webb & Co. and the user of the browser. No reader of this information should act or refrain from acting on the basis of this information without first taking professional advice on the basis of the specific facts and circumstances at issue.