Monday, 15 July 2013

Child born in the UK, do we need to apply for a Dependant visa?

‘Can apply’ is not the same as ‘need to apply’.  To start with, the child’s parents can wait until it’s time to apply for the parents’ next visa, such as a Tier 2 General extension, and then include a child in that application. In this example the child will receive a Tier 2 Dependant visa at the same time as his/her parents receive a main Tier 2 visa and a Tier 2 Spouse visa.  

If the next visa happens to be an ILR then again, a child can be included into an ILR application.
However, both actions above are not compulsory because of this: if a child is born in the UK he/she can be registered as a British citizen as soon as at least one parent secures an ILR. It may be worth applying for a Dependant visa if the parents want to take a child abroad then he/she would need a visa to come back to the UK, so in this case parents have no choice but to apply for a Dependant visa for the child. Or perhaps some non-immigration authorities want to see a proof of the child’s immigration status, such as to register him/her with a doctor. In this case it is possible to make an application for the child only and he/she will get a visa in line with parents’.

For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training   

Saturday, 13 July 2013

What is the Date of Application and why it is so important?

Imagine this: you are making an application today but tomorrow the Rules are changing, which rules would apply? Or you have made an application a month ago, your visa expires in 2 weeks time and your application is not going to be decided before then, are you going to become an overstayer through no fault of your own?

A Date of Application idea deals with such issues. If the date of your application is before the Rules changed then your application is going to be considered under the Rules in place before the changes. For example, Spouse/Partner visas rules were significantly changed on 9 July 2012, yet those who applied before that, even on 8 July 2012, had their applications considered under the old rules, even if the decision was made a few months after the rules changed.
If the date of your application is before your last visa expired then your status remains the same as it was on the date of application for as long as it takes for a new application to be considered. However long it takes, even if the last visa expired by then. Officially it is extended by virtue of section 3C of the Immigration Act 1971, which automatically extends the ‘last visa’ for as long as it is going to take for a decision on the new application. This means migrants do not become overstayers through no fault of their own?

When is the Date of Application? This is determined by the Immigration Rules and depends whether you are applying inside or outside the UK, whether applying by post or on same-day service and how you are paying a UKBA fee.
For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training   

Thursday, 11 July 2013

What is Switching? And when can a migrant apply inside the UK?

Switching is not an official term. Switching simply means changing a visa category while inside the UK, ie switching from one to another, such as from a Tier 4 Student to a Tier 2 General; or from Tier 4 to a Spouse visa. Officially it is called ‘applying for a leave to remain in a Tier 2 General category’ or ‘applying for a leave to remain as a Spouse of a UK citizen’. So, we can simply say ‘Switching from a Student visa to a Spouse visa’.
The significance of switching is this: switching means applying inside the UK and it is only allowed if the Rules specifically allow so. If switching is not allowed then the applicant has to return to their country and apply for a visa from there.
Whether a migrant can switch or not is a matter of the Rules. It has nothing to do with an inconvenience of having to travel to one’s country of origin just to make a new application can come back. If the applicant is trying to switch where the Rules don’t allow so then he/she will be refused a visa just because of being at the wrong place (even if all other requirements are perfectly met). 
Common examples when switching is not allowed even though the migrants are desperate to do so:
-          From a Visitor to a Spouse visa.
 
-          From a Tier 1 or 2 visa to a Tier 1/2 Dependant visa.
 
-          From a Tier 4 Student to a Tier 1 Entrepreneur (with exception of having funds from the specified sources which makes it applicable to only a small minority of the students).
 
-          From a Tier 5 Youth Mobility Scheme (working holiday) to a Tier 2 visa.
 
And now common examples when switching is allowed:
 - From a Tier 5 YMS to a Spouse visa.

- From a Tier 4 Student visa to  Tier 2 General subject to specific requirements, such as that the applicant has completed a degree course in the UK.

- From a Tier 1 General to a Tier 2 General if the migrant cannot score enough points for a Tier 1 extension.

- From any visa to an EEA Residence Card.


For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training 
 

Fast Same-day UK / British passport renewal for summer holidays. No appointments required!

Multi Travel Visas can submit applications on next working day after receiving your documents, to the Passport Office in London, with authorisation from you as per the government requirements. For an extra charge we can submit on the same day if we receive your documents before 12pm, see below. No need to wait for an appointment, which can be weeks away and no need to travel to a passport office.

We offer practical help when you need a new passport very quickly but cannot get an appointment soon enough. For example, if you are living/working abroad (you can courier documents to our London office) and we can submit them promptly for same-day service, this includes if your passport has run out of pages. Or you don't have time to travel to a Passport Office yourself we can apply on your behalf (you don't have to come to London). Plus we check the documents, help complete the form and advise on requirements.

FEES:
Official fees of Passport Office (we pass them on to the government):
To renew an adult 10-year 32-page passport costs:
•£103 for the one-week Fast Track Service
•£128 for the same-day Premium service

Multi Travel Visas fees: £152 per application (incl VAT) in London passport office. Appointments are on the next working day.

For an extra charge we can submit on the same day as we receive your documents, if we have all papers before 12pm and they are in order. Our service fee for this is £202 (in addition to official Passport Office fees above).

Contact us now: 0871 472 1468. Email info@multitravelvisas.co.uk , we reply on the same day! Web-site: www.multitravelvisas.co.uk  with the visa requirements and clients' feedbacks. Calls to 0871 number cost £0.10 per minute, emails are free.

Our office is based at an iconic building of The Royal Mint in Central London, conveniently located near Tower Hill tube station, Tower Gateway DLR station. Close to the City and Canary Wharf.

Office address: 4 Royal Mint Court, London, EC3N 4JH. Near Tower Hill tube station and DLR Tower Gateway.

www.multitravelvisas.co.uk

Tuesday, 9 July 2013

Online CPD course 4.5 hours What's Next after Post-Study Work and Tier 4 Visas?

For our colleagues Immigration Advisers and Solicitors: Our online training course is accepted by The OISC and SRA, CPD ref number EJE/14IM.
 
What’s Next after Post-Study Work and Tier 4 Visas? 4.5 hours CPD credit.
 
Download from our website, study in your own time on any computer, iPad or iPhone, complete the test and we will award your CPD hours and send you a certificate.
 
 
The course is offered by our company, 1st 4Immigration Ltd, which is a practising immigration company, registered by The OISC at a highly respectable Level 2, based at the Royal Mint in Central London.
 
We are also accredited by the UK Border Agency in Croydon and submit applications using Premium service for accredited representatives. We provide biometric appointments every week (ILR, Tier 1, Spouse/Partner etc) and we have permanent slots to submit Settlement (ILR) applications every week without appointments. We’ve had 100% success rate in 2012!

1st 4Immigration Ltd, OISC no F200800152, SRA ref EJE/14IM.
 
4 Royal Mint Court, Tower Hill, London, EC3N 4HJ.
 
 
CONTENTS:
 
PART 1: What's next after Tier 1 (Post Study work) visa?
OPTION 1: TIER 1 (ENTREPRENEUR)
ENTREPRENEUR VISA - SHORT SUMMARY
ENTREPRENEUR VISA - DETAILED GUIDANCE
 
CONDITION 1: applying inside the UK
TIP - ‘Date of application’
 
CONDITION 2: £900 of Funds maintained for 90 days.
How to count 90 days and when should this period end, a day before applying or when? | TIP 1 – multiple accounts | TIP 2 – reminder to plan | What is the applicant does not have ‘£900 for 90 days’? | What if the applicant cannot meet this Condition before PSW visa expires? | Foreign currencies and foreign banks | Dependants and Funds | For applications inside the UK | Example 1 – main applicant and a spouse applying at the same time inside the UK | Example 2 – main applicant, partner and their child applying at the same time inside the UK | What if applicant cannot provide enough funds for all dependants? | Whose name should be on the bank account?
 
CONDITION 3: registering a business.
Legal types of business entities in the UK (limited companies, partnerships etc) | Limited company | TIP- Company Director is not the same as a company owner. | Sole Trader | Partnership | Limited Liability Partnership (LLP)
 
CONDITION 4: Funds of £50,000
Can the money come from the family? | TIP - Husband or wife is considered to be a third party | Can the money be held on a business account? | Entrepreneurial Teams | TIP-how many people can be in the Team? | TIP-Can one team member apply inside the UK and other one outside the UK? | TIP- Can a family member be also a team member?
 
CONDITION 5: Business occupation
 
THE OUTCOME AND WHAT ENTREPRENEUR VISA ALLOWS TO DO
Does an Entrepreneur visa allow to work in the UK?
 
MAKING AN APPLICATION
 
OPTION 2: TIER 2 (GENERAL) - SPONSORED WORK PERMIT
Special arrangements for Post-Study Work visa holders switching to Tier 2 General inside the UK | What happens if a PSW visa holder applies outside the UK?
 
STEP 1: SPONSOR LICENCE FOR EMPLOYER
 
STEP 2: CERTIFICATE OF SPONSORSHIP (CoS)
TIP - Is there an annual limit on Tier 2 General visas? | Type of job offered | Special arrangements for PSW visa holders switching to Tier 2 General inside the UK | Does applicant need to have experience or qualification for job sponsored under Tier 2? | Does an applicant need to work for this employer before he/she can be sponsored for Tier 2? If yes, foe how long? | Does employer need to advertise the job to the local workers first? | Salary offered | New Entrant category from 6 April 2013 | Part-time workers | What if employer cannot offer £20,000?
 
STEP 3: TIER 2 (GENERAL) VISA APPLICATION
Main requirements for a visa application | Maintenance (Funds) | What is the applicant cannot provide £900 held for full 90 days? | Dependants and Funds | What if applicant cannot provide enough funds for all dependants?
 
STEP 4 - MAKING AN APPLICATION
If the CoS has expired | If Tier 2 application was refused, does the applicant need a new CoS?
 
STEP 5 – THE OUTCOME
What if the applicant wants to change an employer? | Can the applicant work for other employers?
 
OPTION 3:SPOUSE/PARTNER VISA including the New Rules from 9 July 2012, on the basis of a relationship with a British citizen; or with a person who has a permanent residency in the UK.
 
Tip - These rules apply not only to spouse/partners of British citizens | Does matter when marriage took place? | Minimum age
 
UNMARRIED PARTNERS
 
WHAT ABOUT NEW RULES FROM 9 JULY 2012?
Whose earnings can be counted? | How is income calculated? Can applicant get a job paying £18,600 and apply? | Earnings from employment, categories A and B | What if salary fluctuated? | Can employment earnings be combined with other income? | Can someone else guarantee financial support, such as sponsor’s parents? | Can ‘property’ be used? | Category C: specified non-employment income (rental income from property etc) | Category D: Savings | Can savings be used, instead of the £18,600 threshold or to make up the difference? | Category E: pension and allowances | Earnings from self-employment, category F | TIP - What's meant by a 'full financial year'? | If a person has a limited company | Does one have to be self-employed for a 'full financial year'? | TIP - Deadline for submitting a tax return in the last day, not the only day ! | TIP - Director's Salary | TIP - Once and for all - what is a 'contractor'? | Self-employment and Savings | Earnings from self-employment, category G | And here is what CANNOT be used | The only exception from the income threshold | TIP - Maintenance requirement is not the same as Financial Requirement | Maybe the UKBA can sometimes make an exception?
 
HOW TO EVIDENCE INCOME?
Major change from 9 July 2012 – specified documents | Minimum income has been reached, visa has been granted. Is it the end of the Financial Requirement?
 
OTHER REQUIREMENTS FOR A SPOUSE/PARTNER VISA (they were in place before 9 July 2012 and still remain in force)
Accommodation | Evidence of relationship | English language
 
MAKING AN APPLICATION:
Applying inside the UK | What is the applicant’s status while application is being considered? | Applying outside the UK, such as after PSW visa has expired or when the income threshold can be finally met
 
THE OUTCOME
Does this visa allow to work?
 
WHAT’S NEXT?
Permanent Residency | What counts as ‘5 years’? | What if the applicant does not qualify for Permanent Residency? | Examples when people don’t qualify for Permanent Residency | Does the income threshold apply at the time of extension or at the time of Permanent Residency?
 
OPTION 4: SPOUSE/PARTNER VISA on the basis of a relationship with a European (non-UK) citizen.
This option may sound very similar to the one above but in fact it is very different! |  No minimum income threshold, no English, no biometrics plus possible to apply after the current visa has expired | Spouses/Partners of which European nationals fall under these rules? | Spouses/Partners of Bulgarian/Romanian nationals | Why spouses of UK citizens are excluded? | Are there exceptions when British citizens can be considered under this Option? | What about non-EEA nationals who have a permanent residency in an EU member state?
 
SPOUSES AND CIVIL PARTNERS (but not Unmarried Partners)
TIP - Does it matter when marriage took place? | Direct family members | Why is it important? | Does it mean applicant can apply after current PSW visa has expired? | But is it a good idea in practice? | All sounds good but there has to be a 'catch'? | Examples of exercising Treaty rights by EEA nationals (working, self-employment, studying, self-sufficient, retired, jobseekers and others) | Does it matter what a non-EEA partner is doing? Does he/she have to be working? | What about the new rules from 9 July 2012? | What about English language? | What about Maintenance and Accommodation? | What if the applicant’s current visa has expired, he/she has gone abroad and wants to return? | Is there a way around it? | Returning back - ‘Visa nationals’ | Returning back – Non-Visa nationals
 
UNMARRIED PARTNERS
 
MAKING AN APPLICATION
How long does it take? | Does it really take that long? And what happens in the meantime? Can I work?
 
THE OUTCOME
Does this visa allow to work?
 
SPOUSES AND PARTNERS OF BULGARIAN/ROMANIAN and CROATIAN NATIONALS
 
OPTION 5 - FIANCEE VISA
Can it be used by Unmarried Partners? | Minimum age | Requirements | Can this visa be used to wait until Sponsor can show earnings of £18,600? | The Outcome | Does a Fiancee visa allow to work? | What's next? | When to switch to a Spouse visa?
 
OPTION 6 - NEW TIER 4 STUDENT VISA
Can it be any course? | TIP - there is a maximum limit of time which can be spent studying in the UK | Requirements
 
OPTION 7 - OTHER CATEGORIES:
Dependent visas | Long residence 10 years
 
PART 2: WHAT'S NEXT AFTER TIER 4 STUDENT VISA?
 
OPTION 1: Tier 2 (General) - Sponsored Work Permit
Special arrangements for Tier 4 Student visa holders switching to Tier 2 General | What if a student wants to apply before he/she has graduated? | Why is it different applying from outside the UK?
 
STEP 1 - Sponsor Licence for Employer
 
STEP 2 - Certificate of Sponsorship (CoS)
TIP - Is there an annual limit on Tier 2 (General) visas? | Type of job offered | Does applicant need to have experience or qualification for job sponsored under Tier 2? | Does an applicant need to work for this employer before he/she can be sponsored for Tier 2? If yes, for how long? | Does employer need to advertise the job to the local workers first? | Salary offered
 
STEP 3 - Tier 2 (General) visa application
Main requirements for a visa application
 
STEP 4 - MAKING AN APPLICATION
If the CoS has expired | If Tier 2 application was refused, does the applicant need a new CoS?
 
STEP 5 - The Outcome
What if the applicant wants to change an employer? | Can the applicant work for other employers?
 
OPTION 2 - TIER 1 (ENTREPRENEUR)
SUMMARY
 
Condition 1: When and where to apply
TIP - 'Date of application'
 
Condition 2: Maintenance (Funds) maintained for 90 days
Applying inside the UK | Example 1 – main applicant and a spouse applying at the same time inside the UK | Example 2 – main applicant, partner and their child applying at the same time inside the UK | Applying outside the UK | Example 3 - main applicant and a spouse, both applying inside the UK | Example 4 - main applicant has secured an Entrepreneur visa and is now in UK. A spouse is applying outside the UK to come and join the main applicant in the UK | Example 5 - main applicant has secured an Entrepreneur visa and is now in UK. A spouse and a child are applying outside the UK to come and join the main applicant in the UK | Example 6 - main applicant and a spouse already have Entrepreneur and a dependant visas respectively and are now in the UK. They had a child born in the UK and want to apply for a dependant visa for the child | What if applicant cannot provide enough funds for all dependants?
 
Condition 3: Funds of £50, 000/ £200, 000 available to start, buy or join a UK business
Evidence of £200, 000 or £50, 000
 
Condition 4: Business occupation and registering a business
 
Condition 5: English Language
 
OPTION 3 - SPOUSE/ PARTNER VISA including the new rules from 9 July 2012 on the basis of a relationship with a British citizen; or with a person who has a permanent residency in the UK
 
OPTION 4 - SPOUSE/ PARTNER VISA On the basis of a relationship with a European (non-UK) citizen
 
OPTION 5 - FIANCEE VISA
 
OPTION 6 - NEW TIER 4 STUDENT VISA plus Doctorate Extension Scheme.
 
OPTION 7 - OTHER CATEGORIES
 
In addition - Tier 1 (Graduate Entrepreneur)

Saturday, 6 July 2013

Same-day UK visa: Tier 2, Tier 1, ILR, Spouse, Partner visas. Sooner appointments. UKBA-registered.

1st 4Immigration Ltd is an OISC-registered immigration consultancy. We regularly use same-day Premium service at UK Border Agency in Croydon. 

We are based at an iconic building of The Royal Mint in Central London. We are licensed at a high Level 2 and specialise in Settlement, Work (Tier 1 General, Tier 2), Spouse/Partner/Fiancee Visas, applications for EU citizens and their family members of European citizens; British Citizenship.

Authorised by The Office of Immigration Services Commissioner (OISC), ref. F200800152. Our office is conveniently located near Tower Hill tube station or Tower Gateway DLR station. Close to the City and Canary Wharf.

Applications which are available on same-day service in Croydon:   
- Indefinite Leave to Remain (permanent visa) for those currently holding Tier 1 General, Tier 2 General, Work Permit, Spouse, Partner, Ancestral visas (SET O form).
- Indefinite Leave to Remain for those currently holding a Spouse/Partner visa (SET M form).
- Tier 1 General (extensions), Tier 2, Tier 4 (Student).
- Spouse visa , Unmarried Partner visa (FLR M form).
- Transfer of an ILR to a new passport (NTL form).

Applications which we can submit using postal service (ie same-day service is not offered by the authorities): 
- Applications for EU citizens and their family members: EEA Residence Card, Permanent Residency under European law.
- Registration Certificates and permanent residency for Bulgarian and Romanian citizens including HSMP, Blue certificate for recent graduates from UK universities, Yellow certificate for students, Permanent Residency.
- BRITISH CITIZENSHIP for all.
- Indefinite Leave to Remain on the basis of 10 years Long Residence.
- Applications falling under the Private Life or Family Life.
- Tier 1 Entrepreneur and Tier 1 Investor.
 
Applications where we can help with checking the documents, completing the forms but where the applicant has to apply outside the UK (Entry Clearance):
- Visas for spouses and partners to come to the UK.
- Fiancee visa.
- Tier 1 Entrepreneur and Tier 1 Investor.
- Tier 2 and Tier 4.

Consultations and eligibility assessment: £70, can be either by email or face-to-face at our office at Tower Hill in Central London. We would count this towards our service fee when you apply for a visa later.

Contact us: email info@1st4immigration.com , we reply on the same working day. Tel. 0871 472 1468 (£0.10p/min from standard landlines, from mobiles may vary) but emails are free. Website: www.1st4immigration.com with clients' Testimonials.

Office address: 4 Royal Mint Court, Tower Hill, London, EC3N 4HJ.   

Thursday, 4 July 2013

Fast Schengen visa and appointments

Multi Travel Visas Ltd has been accredited for years with various Embassies in London. FRENCH SCHENGEN VISA takes 4 working days from the date of the biometric appointment for most nationals (personal a...ttendance required for the biometrics). We use separate appointments for agencies and can provide one much sooner.

PORTUGUESE SCHENGEN VISA takes 1 week from the nearest available Wednesday. No biometrics, no personal attendance needed.

FAST CHINESE VISAS: we can submit applications any day without appointments. processing time 3 or 4 working days.

RUSSIAN VISAS and INVITATIONS: work, business and tourism on next-day service or 1-week service.

SAUDI ARABIAN visas in 3-4 working days.

INDIAN VISAS: Same-day business visas are available without appointments. 1 week service is also available as standard for both business and tourist visas.

SAME-DAY UK PASSPORT RENEWAL: We can assist with renewing a UK passport using same-day or 1 week service at the Passport Office in London. We submit applications on next working day after receiving your documents, there is no need to wait for an appointment. Our service fee £150 plus official fees.
Contact us now: 0871 472 1468. Email info@multitravelvisas.co.uk , we reply on the same day! Web-site: www.multitravelvisas.co.uk with the visa requirements and clients' feedbacks. Calls to 0871 number cost £0.10 per minute, emails are free.

Our office is based at an iconic building of The Royal Mint in Central London, conveniently located near Tower Hill tube station, Tower Gateway DLR station. Close to the City and Canary Wharf.

Office address: 4 Royal Mint Court, London, EC3N 4JH. Near Tower Hill tube station and DLR Tower Gateway.

Office address: 4 Royal Mint Court, London, EC3N 4JH.

Tuesday, 2 July 2013

Online CPD course 7 hours, British Citizenship - a Dream for Many!

For our colleagues Immigration Advisers and Solicitors: Our online training course is accepted by The OISC and SRA, CPD ref number EJE/14IM.

British Citizenship - a Dream for Many! 7 hours CPD credit.

The course includes criminality changes from 13 December 2012 and rules for EEA nationals including Bulgarian / Romanian (A2) whose first applications can be submitted in 2013. 

Download from our website, study in your own time on any computer, iPad or iPhone, complete the test and we will award your CPD hours and send you a certificate.

Visit website now:  



The course is offered by our company, 1st 4Immigration Ltd, which is a practising immigration company, registered by The OISC at a highly respectable Level 2, based at the Royal Mint in Central London. We’ve had 100% success rate in 2012!

1st 4Immigration Ltd, OISC no F200800152, SRA ref EJE/14IM.
4 Royal Mint Court, Tower Hill, London, EC3N 4HJ.
www.1st4immigration.com and www.1st4immigration.com/training
 
CONTENTS:
 
INTRODUCTION  
 
PART 1 – NATURALISATION
 
4 types of rules - 4 groups: Spouses and civil partner of British citizens, EEA nationals, family members of EEA nationals and 'Everyone else'.
 
SECTION 1: We start from the most common group – ‘Everybody else’.
 
ELIGIBILITY CONDITIONS:
Condition 1: No ILR – No Citizenship! | Common mistake: ‘skipping’ an ILR | TIP -The main challenge on the way to Citizenship is to qualify and secure an ILR  | Example: A client asks “I have an Entrepreneur visa, when can I apply for a British passport?” |
 
Condition 2:Having an ILR for at least 12 months | CASE STUDY: Canadian national holds and ILR and is married to another Canadian national who holds a Spouse visa | TIP - Spouses and civil partners of the UK citizens don’t need to wait for 12 months after an ILR.
 
Condition 3: Five years of continuous legal residency in the UK and being present in the UK on a day 5 years before receipt of application by the UKBA | 3.1) Legal residency | Exemption from immigration control | Being in any place of detention or prison | Illegal residency | 28 days of overstaying is not ‘overstaying’.  | 3.2) Continuous residency | CASE STUDY – from Tier 1 General straight to Citizenship? | 3.3) Being present in the UK on a day 5 years before receipt of application by the UKBA
 
Condition 4: Good character | 4.1) Paying taxes | TIP – Unemployed clients | CASE STUDY – Chinese national who doesn’t have a job | 4.2) Criminal convictions, civil judgments, driving offences, fines, fixed penalty notices, cautions | Before 13 December 2012 - Spent and Unspent criminal convictions | From 13 December 2012 - Criminal convictions | TIP – applicant’s offence may have happened after he obtained an ILR | Table of offences and impact on applications | TIP – changes under 4. in the above table (non-custodial sentence) actually means ‘good’ news for many | Single conviction for a minor offence | Driving offences: drink-driving, driving without insurance, driving whilst using a mobile phone and similar | Fixed Penalty Notices | Fines | More than one sentence | TIP – It is the prison sentence that counts, not the time served | TIP  - Suspended sentence | TIP – Admonished sentence (in Scotland) | Charged with offence and awaiting trial or sentencing | Terrorism | CASE STUDY – Russian national with a ‘spent’ drink-driving offence | 4.3) Bankruptcy.
 
Condition 5: English language and Knowledge of Life in the UK | Examples of applicants who still need to meet English and/or Life in the UK requirements, even though they did not need it for Settlement | And those who are exempt altogether | 2 ways of meting this condition |  Life in the UK Test | TIP -Life in the UK Test does not have expiry date | On a humorous note | ESOL with Citizenship course.
 
Condition 6: Absences from the UK (rules are not the same as for an ILR!) | Date of Application (and how far back absences are counted) | Basic rules on absences | Differences from the ILR rules (and will be confusing for your clients) | Exceptions when more absences are allowed during the 5 years | Exceptions when more absences are allowed during the last 12 months | CASE STUDY – Indian executive with frequent global travel | TIP – last 5 years before Date of Application are assessed | Why is it important? Because you will have clients who get an ILR and then take up a lucrative job offer abroad | What’s the solution? | TIP – absences while application is being considered |
 
FLOWCHARTS: common paths to Citizenship, various examples -  9 scenarios
 
FOR ALL 4 GROUPS - MAKING AN APPLICATION:
Do we need to send original passports? | ID document used for a Life in The UK Test | Referees | Who can be a Referee? | TIP – Can a representative of the applicant act a Referee? | Common question – “I don’t have anyone who’ve known me for 3 years and who is British or a professional” | Full List of Acceptable Professional Persons | Processing time | CASE STUDY - a Greek doctor | CASE STUDY - Lithuanian national who was a worker and a student | Is same-day service available?
 
THE OUTCOME:
Citizenship ceremonies | TIP - Date of ceremony | TIP -This is where he/she becomes a British Citizen! Not when he/she gets a British passport
 
‘British by descent’ and ‘British otherwise than by descent’ – the difference | British ‘otherwise than by descent’ | Who is British otherwise than by descent? Common examples | ‘British by descent’ | Who is British by descent? Common examples.
 
SECTION 2: Spouses and Civil Partners of British citizens.
ELIGIBILITY CONDITIONS, WHICH ARE THE SAME AS 'EVERYBODY ELSE' generally but some details are different.
Condition 1: No ILR – No Citizenship!
Condition 2: Good character.
Condition 3: English language and Knowledge of Life in the UK.
 
ELIGIBILITY CONDITIONS, WHICH ARE UNIQUE TO SPOUSES AND CIVIL PARTNERS OF BRITISH CITIZENS:

Condition 4:  Three (3) years of legal continuous residency in the UK| Anomaly in this requirement | Before 9 July 2012  |
Transitional arrangements
|
From 9 July 2012 | Even more common mistake – skipping an ILR or skipping extension application | The right route now is | Alternative right routes.
 
Condition 5:waiting 12 months after an ILR (not actually applicable).
 
Condition 6:Absences from the UK | Basic rules | Exceptions when more absences are allowed during the 3 years | Exceptions when more absences are allowed during the last 12 months.
 
FLOWCHARTS: common paths to Citizenship for Spouses and Civil Partners of British citizens  - 8 scenarios
 
SECTION 3: European (EEA) nationals
Rules are the same as for ‘everybody else’ but applied differently | Who are EEA nationals? | TIP - EEA is not the same as Schengen area | How to count residency | Most EEA nationals – from 30 April 2006 | You can count residency of the following nationals from 1 May 2004 | You can count residency of the following nationals from 1 January 2007 | European citizens often don’t have visa stamps in their passports (they don’t have to) | A growing number of Greeks and Italians are applying for British Citizenship.
 
General rules:
Condition 1: 5 years of residency in the UK
Condition 2: Good character and criminality | ‘Criminality’ rarely prevents from Permanent Residency under the EU law… | … but does apply under the British Nationality law.
 
Condition 3: English language and Knowledge of Life in the UK | EU/EEA citizens don’t have to meet this rule for Permanent Residency… | … but have to meet for Citizenship:
 
Condition 4: Absences from the UK | Absences are not the same as for Permanent Residency | Exceptions.
 
Condition 5: No permanent residency status – No citizenship! | Same condition but with a difference | So, how does one get an ILR if one doesn’t get any visa stamps? | Examples of exercising Treaty rights | Worker | Self-employed person | Student | Self-sufficient | Jobseeker | Worker or Self-employed person who has ceased activity due to Retirement | Worker or Self-employed person who has ceased activity due to a work accident | Exercising Treaty rights in the UK continuously qualifies an EU citizen for Permanent Residency (with a ‘visa stamp’ or without) | Not ‘continuous residency’ but ‘continuous exercising of Treaty rights’ | Date when this point has been reached | TIP - Date of issue on the visa document is not relevant.
 
BULGARIAN AND ROMANIAN (A2) NATIONALS
TIP - Romanian/ Bulgarian nationals do have restrictions on working in UK but not on qualifying for an ILR | A2 nationals who had UK visas before Bulgaria/Romania joined the EU in 2007 | CASE STUDY - Romanian national who has been working since 2004 | Summary of restrictions and documents for A2 nationals | Restrictions in place from 1 January 2007 – 31 December 2013 | What about when restrictions on workers are lifted?
 
EASTERN EUROPEAN (A8) NATIONALS
Again the same rights but again with a difference | Unique rule for the A8 nationals - Workers Registration Scheme | WRS was relevant for an A8 national for the first 12 months of working in the UK | What counted as ‘continuous 12 months’? | WRS was stopped in May 2011 but is still important for your applications | What if an A8 applicant didn’t register under WRS? | CASE STUDY – Hungarian national who has never registered under WRS.
 
Condition 6: waiting for 12 months after permanent residency | If your client does not have a Permanent Residency document | If your client has a Permanent Residency document
 
EUROPEAN NATIONALS WHO ARE ALSO MARRIED OR CIVIL PARTNERS OF BRITISH CITIZENS
CASE STUDY – dual Dutch/Brazilian national who is a civil partner of a UK national
 
SECTION 4: FAMILY MEMBERS OF EUROPEAN (EEA) NATIONALS.
European family members of European nationals, such as ‘Polish married Polish’ | Non-EEA family members of EEA nationals, such as ‘Canadian married to German’ | TIP - Direct and extended family members, why does it matter? 
 
DIRECT non-EEA family members of EEA nationals | This is what most non-EU nationals have | And this is what the law allows | Date on a 'visa stamp' does not matter | Example 1: a Canadian meets a German while both are in the UK and a German is working | Example 2: German national is working in the UK and he meets his partner in Canada | Example 3: German national and his Canadian spouse are both living in Canada | CASE STUDY – Russian national married to a Belgian | But bear in mind those who retained residency rights | And bear in mind Surinder Singh route | Spouses and civil partners of the UK citizens under Surinder Singh route | Other family members of the UK citizens under Surinder Singh route.
 
EXTENDED non-EEA family members of EEA nationals | Here dates on ‘visa stamps’ matter!
 
PART 2: REGISTRATION  OF CHILDREN UNDER 18 y.o.
 
SECTION 1: IMPORTANT DATES AND ACTS TO REMEMBER.
British Nationality Act 1981 | From 1 July 2006.  

SECTION 2: CHILDREN BORN IN THE UK.

1) If child's mother is British | 2) If child’s father is British | 3) If child's parent (one or both) is not British but has permanent residency in the UK | 4) If the child's parents hold a limited leave to remain, ie Tier 1, Tier 2, Work Permit, Ancestral visas etc | 5) If the child's parents are European citizens | 6) Children who spent the first 10 years of their life in the UK.
7) Difference between 'British by birth' and 'not British but can be registered as British'?
 
SECTION 3: CHILD BORN OUTSIDE THE UK TO NON-BRITISH PARENTS AND WHOSE PARENTS IMMIGRATED TO THE UK.
Example 1: Indian family who came to the UK together | Example 2: Indian national came to work while his family joined much later | Example 3: Russian step-child of a UK citizen.
 
SECTION 4: CHILD BORN OUTSIDE THE UK TO BRITISH PARENT(S)
Example 1: British parent was born in the UK but his child was born outside the UK | It is possible that both parents are British but only one can pass nationality | Example 2 | Example 3.
 
PART 3: REGISTRATION FOR ADULTS
 
SECTION 1: People born before 1983 to British mothers
Those born before 1983 to a British mother can now register as British.... | ... but only if all other requirements have been met also | CASE STUDY – South African national on Ancestral visa but who is eligible for a UKM application.