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Naturalisation

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Naturalisation

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  • This enquiry has been dealt with in a private message by one of our immigration solicitors

  • This enquiry has been dealt with in private by one of our legal advisors

  • Thank you for your question.

    Under the EEA Regulations, you are only required to prove you have obtained Permanent Residence to show you are settled in the UK. If you were the non-EEA family member of an EEA national, this would have been confirmed by way an endorsement in your passport. This endorsement will state it is a Residence Documentation, have your picture on it with the date it was issued and will have confirmation that it is a Permanent Residence card. According to the

    Home Office's Right to Work guidance (see here), it is still an acceptable way for you to prove your right to work. It follows having said this, we are in the midst of Brexit. The Home Office has created new rules know as Settled Status for EEA nationals and non-EEA nationals who are/were family members of EEA nationals. You will be required to apply through the scheme to obtain Settled Status. They will ask you to provide basic information through which the Home Office will confirm whether you have been in the UK for over five years by checking with HMRC. The deadline to do so is currently 30 June 2021 if there is a Brexit deal and 31 December 2020 if there is no Brexit deal. We recommend applying as a matter of urgency.

  • Thank you for your enquiry. As you are an overstayer, you may make an application on the basis of you having children in the UK. When considering your application, the Home Office will consider the period of time you have all lived in the UK, the age of the children and the strength of ties that both you and the children have to the UK. What the Home Office is in law considering is whether under human rights law it is proportionate for your human rights to be breached and for you to be required to leave the UK. Generally, if the children have been in the UK for seven years or more or are British, it will be more difficult for the Home Office to justify that it is proportionate to expect the children to continue their family life abroad. The longer a child is in the UK, the more that they have developed ties through family, friends and education to the UK. It is therefore potentially harder for a child to integrate to a country they may have never been to or have no memory of. If your application is successful, you will be granted 30 months of Leave To Remain ('LTR') under Appendix FM of the Immigration Rules. You will be allowed to work, study and enter and exit the UK during this time. You will be on the ten-year route to settlement (known as Indefinite Leave to Remain ('ILR'). You will, therefore, be required to extend your visa a number of times before you are eligible for ILR. We strongly recommend you contact us so that we may advise you on the specifics of your case and the merits in making an application.

  • Enquiry has been dealt with in private by one of our specialist advisors

  • Enquiry has been dealt with in private by one of our specialist

  • Your eligibility for British Citizenship is dependent on your "deemed date of acquiring Permanent Residency". If you have been in the UK for a continuous period of 8 years, you may rely on any 5 continuous years provided that during this relevant period, you are able to evidence that you are " exercising Treaty rights" This would mean that you must either be in employment, self-employment or as a student or self-sufficient. If you rely on a 5 year period for example 2012-2017 and your deemed date of acquiring Permanent Residency is 2017, this means that it has now been more than 12 months since that date and you may submit an application for Naturalisation without having to wait for a further 12 months.

  • This enquiry has been dealt with privately by our immigration advisers. Click here to know more about permanent residence application

  • Our immigration lawyers have answered this question in a private email.

  • permanent resident card

  • British Citizenship

  • eea permanent residence, Apply for permanent residency UK

  • UK Resident card Resident permit card

  • EEA family permit EEA family permit apply for residence card

  • resident card UK for European resident permit card

  • Permanent Residency under the EU rules is applied for either online or using a paper form if you are not an EU national and not applying with the EU national at the same time for PR.

    Settled status applications, which in theory replace Permanent Residence, is an online application of which is streamlined to make the application and processing times more efficient. I would recommend that the settled status scheme is the most suitable for those people that would have previously made an application for a Permanent Residence Card.

    I would like to have answers for the following questions which can be sent via email or telephone:

    What is your nationality?

    What visa do you currently hold?

    How long have you been on this visa in the UK?

    Before this visa, did you have another one, if so what visa was it?

    Have you been in the UK illegally in the last 10 years?

    In the last 5 years, do you have a record of the time you have spent outside of the UK?

    Have you worked continually for the last 5 years?

    Do you have any criminal convictions?

    Once I have the above information, I can safely direct you on the appropriate action to take. After holding PR or settled status for 1 year, you may be eligible to apply for naturalisation, which is the way you secure a British passport to remain in the UK.

  • UK Resident card Resident permit card

  • When visiting the UK, an application cannot be made from inside the UK to switch to another visa category. All options we discuss will need to be applied for from your home country of India, or a country where you have the right to remain beyond a short visit.

    The Home Office have immigration rules that dictate the options available to us. The immigration routes that I would suggest we discuss are as follows:

    Tier 1 Investor visa – This requires access to £2 million

    Tier 2 General visa – This is a form of work visa and requires the applicant to have a skilled occupation where they will work for a specific company. For example, a lawyer or solicitor would be seen as a skilled role. Using the same example of a solicitor, if a law firm has a sponsor licence and are willing to offer a job to one of you, this will allow you to apply for a Tier 2 General visa. There are other requirements, which are easier to discuss in an initial telephone call so that we can be sure this is a route that is suitable for your objectives.

    Tier 4 student visa – this allows you to study in the UK and work part-time, depending on the course of study.

    Startup or Innovator visa – These visa categories replaced the Tier 1 Graduate Entrepreneur visa and Tier Entrepreneur visa. If you have a business idea and can get an endorsement from an endorsing body, these routes may be suitable for you. We can discuss them further once you confirm which route interests you most.

    A representative of an Overseas business – If you work for a company in India and they want to set up a UK office, the ROB visa may be worth exploring.

    All routes allow depends to apply too, so one of you would need to be eligible for one of the above and the other can apply as the main applicant’s family member.

    I hope the above helps and welcome your reply by email or call to further expand.

  • I would recommend that we make an application using the Home Office settled status scheme rather than via the EU Regulations PR scheme. This will future proof your immigration status as PR will only be valid until the Home Office transitional arrangement comes to end in December. That said, your absence from the UK will still need to be addressed and it will become a discretionary application for settled status. If we discuss this matter further and decide that it has less prospects of success, we may want to consider going the route of pre-settled status. This will still allow you to work and remain in the UK even after Brexit.

    You mention that you were sent abroad for work. If you were still being paid into your UK bank account, this will help with our argument as to why discretion needs to be exercised. If you were not being paid into your UK bank and spent more than 6 months per year outside of the UK, my opinion is that your application will become difficult for settled status or PR.

    Gathering the facts to your case and establishing which immigration route fits those facts is the sensible first step that should be taken. We do this without charge and will direct you on what options make sense, the cost and how we can help.

  • Permanent residence

  • UK Naturalisation, UK Permanent residence

  • In order to offer a fixed fee, I need to know on what basis you are a qualified person. We quote a fee based on the time we expect to spend on a case. As each case differs, it would not be fair to charge all clients the same fee. We offer competitive fees from a central London firm. The questions I will need for you to answer include: 1. What nationality are you? 2. You say you are a qualified person. Can you explain what you have been doing for the past 5 years so I can confirm if you are eligible for the right of permanent residence? I suggest you call and speak to one of our immigration lawyers in London so we can confirm what options you have. We will also confirm our fee after this so you can prepare in advance of our cost. Permanent residence

  • From the information that you have provided, you may be able to apply under the 10-year rules. This allows people that have had a combination of visas to apply for indefinite leave to remain after being the in UK for 10 years. We will need to check that your absences from the UK are not over 18 months in the 10-year qualifying period and that you have no gaps between the visas issued. Gaps of 28 days or less may be OK, but I suggest you call one of our immigration lawyers to discuss this further.

  • Thank you for your email and immigration question.

    You refer to your wife having a 5-year visa. With you being an Italian national, I assume that the visa that she has is a Residence Card under the EU Regulations based on you exercising your treaty rights in the UK.

    England has opted to leave the European Union. Your wife’s visa was issued under the EU Regulations in place at that time and it remains valid. However, at some stage, EU based visas all need to be changed to a UK immigration visa. The Home Office has introduced the settled and pre-settled status schemes to help with situations like the one you are in. Unlike the rules related to applying for a Permanent Residence Card, we do not need to show the EU national had been working for a continuous 5-year period or exercising his treaty rights. Instead, we concentrate on evidence of living in the UK for the qualifying period.

    You had mentioned that you would like to extend the 5-year visa instead of what I have advised above. An extension is not in your best interests as it will need for you to follow the above advice at some point and will come at an additional unnecessary cost to you. This route is the quickest to lead to naturalisation becoming British. When you apply for naturalisation, you will need to pass English exams as well as the life in the UK test. For settled status, these tests are not required.

    I suggest that the next sensible step to take would be a verbal discussion on the requirements. We can explain the process to expect and provide an agreed fixed fee for our support with this application.

  • In order to qualify for Further Leave to Remain as the spouse of a British national, you will need to meet the relevant criteria found in Appendix FM. See the requirements below for your ease of reference: Suitability: you will need to show that there are no issues as to your character such as criminal convictions (whether pending or previous), immigration breaches or otherwise which suggest that you are of bad character and therefore should not be permitted to remain in the UK. Relationship: you would need to show that your relationship continues to be genuine and subsisting and that you and your husband continue to intend to live together permanently. The predominant method in order to establish this is to provide evidence that you and your husband have lived together for the duration of the grant of the initial 2.5 years spouse visa. Financial: you would need to show that through income and/or savings that you can meet the relevant financial threshold. Assuming you do not have any non-British children, the relevant threshold is? 18,600 gross (before tax). We would be happy to arrange a time to talk in order to take further instructions from you in order to ascertain whether your income meets this requirement as this requirement is very case-specific and can be difficult to provide general advice on. Accommodation: you would need to establish that you have adequate accommodation to reside in moving forwards. This can be through renting, owning your own property or living with family/friends. Subject to your housing arrangements, a property inspection report may also be required in order to demonstrate that the living conditions do not amount to over-crowding. English Language: unless you are exempted (which will be primarily based on your nationality or having a degree or higher taught in English) you will need to sit and pass the A2 Life Skills examination from an approved English Language provider. We would be happy to arrange a consultation in order for us to take further instructions from you and to advise you further on how we can assist and present an application for further leave to remain on your behalf. Visa Renewals

    In light of the fact that your wife's EEA Residence Card is due to expire, we can potentially assist her in an application for Permanent Residence in the UK as the family member of an EEA national. We will need to establish first that you have been a qualified person for 5 consecutive years. This means that you have been a- 1.Worker/employment 2.Jobseeker (as a rule of thumb for no more than 6 months) 3.Self-employed person 4.Student (with comprehensive sickness insurance for both you and your wife) 5.Self-sufficient (with comprehensive sickness insurance for both you and your wife) You can rely on a combination of these activities as opposed to simply relying on one category. We will also need to establish that your marriage is a genuine one and not one of convenience. Finally, the Home Office will consider your character as well as whether or not either you or your wife have been absent from the UK for more than 6 months in every 12 months for the last 5 years. We would invite you to call us so that we can take further instructions from you in order for us to advise you further on the application, process, timeframes and costs involved.

  • When did you have indefinite leave to remain? When it was issued, how long did you stay in the UK for? Have you left the UK for more than 2 years in a row? If so, you may your ILR will have been, in law, revoked. If not, you may be able to return without having to do too much. We will need to speak on the phone about your immigration matter to start with. Free immigration advice

  • This enquiry has been dealt with privately by one of our immigration solicitors

  • This enquiry has been dealt with privately by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • If you are in the United Kingdom under the Tier 5 (Charity Worker) category, you are not authorized to make an application for permanent residence.


  • You are permitted to apply for ILR 28 days before you complete 2 years of stay in the UK as a UK Spouse visa holder if your UK spouse visa was firstly granted to you in conformity with the Immigration Rules existing prior to the 9th of July, 2012.

    You are permitted to make an application for ILR 28 days before you complete 5 years in the United Kingdom as a UK Spouse visa holder if your visa was firstly issued in conformity to the Rules of Immigration in existence from the 9th of July, 2012.

    In a situation where your first spouse visa was granted to you in conformity of the Immigration Rules that existed from the 9th of July, 2012 and it was granted to you relying on paragraph EX1 of the Appendix FM of the rules that oversea the United Kingdom Immigration, you may apply for ILR 28 days before the completion of 10 years residence in the country as a UK spouse visa holder.
  • When you successfully stay in the country for up to five years unbroken stay, you will be permitted to apply for permanent residence as a Tier 2 Sportsperson.

  • This enquiry has been dealt with phone email by one of our immigration solicitors

  • This enquiry has been dealt with phone email by one of our immigration solicitors

  • This enquiry has been dealt with phone email ty one of our immigration solicitors

  • This enquiry hes been dealt with phone email by one of our immigration solicitors

  • This enquiry hes been dealt with phone email by one of our immigration solicitors

  • This enquiry hes been dealt with phone email by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by one of out immigration solicitors

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • This enquiry has been dealt with phone email ty one of our immigration solicitors

  • This enquiry has been dealt with by our legal advisers

  • This enquiry has been dealt with by our legal advisers

  • This enquiry has been dealt with in a private email by one of our immigration solicitors

  • Each case is dealt with on a case by case basis and there is a large number of documents that you will need to provide to evidence that you have been self-employed in the UK. For a free consultation, please give a member of our team a call to guide you on what is required.

  • The enquiry has been responded to privately by one of our immigration solicitors

  • The enquiry has been responded to privately by one of our immigration solicitors

  • This enquiry has been dealt with privately by one of our immigration solicitors

  • To qualify for Indefinite leave to remain. You must have lived in the country and on a work visa for at least 5 years. Unfortunately, the Tier 5 visa category you are currently on does not lead to Indefinite leave to remain. You will need to make an entry clearance as a Tier 2 General, Tier 1 Entrepreneur, or investor or any of the other business immigration routes. Let us have a chat so we can access your situation and advice on which visa category you qualify for that leads to settlement.
  • The enquiry has been responded to privately by one of our immigration solicitors
  • The enquiry has been responded to privately by one of our immigration UK solicitors
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