UK IMMIGRATION NATIONALITY AND CITIZENSHIP
UK IMMIGRATION NATIONALITY AND CITIZENSHIP
© visas uk 2012 A Specialist Self-Help eBook Publication All rights reserved
Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise) without the prior written permission of the author.
DISCLAIMER This publication was written by a registered OISC specialist immigration lawyer. Please note that rules change regularly and a guide such as this is no substitute for professional advice from a qualified UK immigration lawyer or practitioner. The personal views and opinions on policy expressed in this work are those of the writer’s only. For your ease of reference, the term ‘UKBA’ and ‘Home Office’ are used in the eBook to mean the same agency.
CONTENTS Introduction Settlement Work permit employment Requirements for leave to enter the United Kingdom for work permit employment Indefinite leave to remain for a work permit holder Changes in the rules from the 9 July 2012 New Residence requirements for Settlement Applications received on or after 9 July 2012 under the 10-year family or private life route Children Life in the UK test LITUK and Skilled and Highly Skilled Migrants Transitional arrangements for skilled and highly skilled migrants after 6 April 2011 After 23 November 2010 Biometrics The 28 Days zombie maker Settled status and living abroad Recognised Refugees Gateway Protection Programme GPP Discretionary Leave/ Discretionary Leave Granted under Marriage Nationality British nationality The situation before 1949 - and why do I need to know all this fraff…? So…back to 1949 British Nationals British Overseas Citizen (BOC) British Dependent Territories Citizen (BDTC) British Overseas Territories Citizen (previously British Dependent Territories Citizen) Citizen of the United Kingdom and Colonies British Nationality Act 1981 British National Overseas Citizen (BNOC) British Protected Person (BPP) British Subject (BS) Example: What are Tokunbo’s chances of Visa Success? Can I pass on my status to my children? Ancestry visa Evidence of entitlement to ancestry visa Born overseas British by descent British otherwise than by descent Citizenship Application Example checklist of documents and information required Good character Citizen or Immigrant? Waiting for Citizenship
Switching visa categories during the qualifying period Continuous Employment Requirement British Citizenship through mothers before 1961 New Rules on Long Residence Transitional Provisions Key Changes to Long Residence Effect of Changes Birds of the same feather must not flock together Current criteria: Where the applicant… The Future
Introduction Settlement
This ebook looks at UK Settlement, Nationality and Citizenship. It highlights the common assumptions about these two areas of law that tend to cause applicants the most head scratching and hairpulling. Not to mention loss of hard earned cash. To begin let’s have a look at the currrent rules eg 2012 for settlement. Yes I know but it has to be done. You want excitement? Try putting in a solo application without reading up on useful information (such as you'll find here, or without seeking some form of professional advice.) Although there are others, the work permit route is the most common to settlement. The basic rules for the work permit route are listed here but these are subject to short notice amendments, so check the Home Office's UKBa website regularly:
Work permit employment Requirements for leave to enter the United Kingdom for work permit employment
128. A person coming to the UK to seek or take employment must be otherwise eligible for admission under these Rules or eligible for admission as a seaman under contract to join a ship due to leave British waters. The requirements for applications for work permit employment set out in paragraphs 128 to 133 of these Rules were deleted on 6 April 2012 by Statement of Changes HC 1888 except insofar as relevant to paragraphs 134 to 135.
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules); (ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant; (iii) he is still required for the employment in question, as certified by his employer; and (iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J and (v) the applicant provides the specified documents in paragraph 134-SD to evidence the employer's certification in sub-section (iv), and (vi) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless he is under the age of 18 or aged 65 or over at the date of his application; (vii) he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974 134-SD Specified documents The specified documents referred to in paragraph 134(v) are either a payslip and a personal bank or building society statement, or a payslip and a building society pass book. (a) Payslips must be: (i) the applicant's most recent payslip, (ii) dated no earlier than one calendar month before the date of the application, and (iii) either: (1) an original payslip, (2) on company-headed paper, or (3) accompanied by a letter from the applicant's Sponsor, on company headed paper and signed by a senior official, confirming the payslip is authentic. (b) Personal bank or building society statements must: (i) be the most applicant's most recent statement, (ii) be dated no earlier than one calendar month before the date of the application, (iii) clearly show: (1) the applicant's name, (2) the applicant's account number, (3) the date of the statement, (4) the financial institution's name, (5) the financial institution's logo, and
(6) transactions by the Sponsor covering the period no earlier than one calendar month before the date of the application, (iv) be either: (1) printed on the bank's or building society's letterhead, (2) electronic bank or building society statements from an online account, accompanied by a supporting letter from the bank or building society, on company headed paper, confirming the statement provided is authentic, or (3) electronic bank or building society statements from an online account, bearing the official stamp of the bank or building society on every page, and (v) not be mini-statements from automatic teller machines (ATMs). (c) Building society pass books must (i) clearly show: (1) the applicant's name, (2) the applicant's account number, (3) the financial institution's name, (4) the financial institution's logo, and (5) transactions by the sponsor covering the period no earlier than one calendar month before the date of the application, and (ii) be either: (1) the original pass book, or (2) a photocopy of the pass book which has been certified by the issuing building society on company headed paper, confirming the statement provided is authentic. Various UK governments has been talking for several years now about ending chain migration which would allow family members (those defined as such) to join others in the UK. Well here- in a very complex and costly nutshell -it is.
Changes in the rules from the 9 July 2012
These are expanded below but to summarise briefly new requirement on applications that could lead to settlement:
Minimum income of £18,600 to be demonstrated by the UK sponsor.£22,400 for a partner with one child and an additional £2,400 for each further child; The probationary period for settlement extended from two years to five years. Immediate settlement when living outside the UK together for four years has been abolished and replaced with a 5 year probationary period;
allowing adult and elderly dependants can settle in the UK only upon evidence that they require a level of long-term personal care that can only be provided by a relative in the UK. Application must be made from overseas; in-country switching(from within the UK is abolished Restricting family visit visa appeals, by redefining who is a family and who is a sponsor. Refusing subject to future legislation, the full rights of appeal against refusal of a family visit visa.
New Residence requirements for Settlement
The residence requirement for those looking to settle in the UK will affect all of the following groups. To begin, partners of:
British citizens; someone settled in the UK; someone in the UK with refugee leave; or someone in the UK with humanitarian protection.
The following applies to those applications where permission has been granted Applications received on or before 8 July 2012 where permission was granted: You will need to be in the UK for TWO years before you can apply for settlement. Applications received on or after 9 July 2012 for the 5-year family route You will need to be in the UK for FIVE years before you can apply for settlement. Leave will be granted in two stages of 2 and a half years each. The second grant of leave is NOT automatic. You must apply before the first 2 and half years stage of leave has expired.
Applications received on or after 9 July 2012 under the 10-year family or private life route
You will need to be in the UK for 10 years before you can apply for settlement. If your application is successful, you’ll initially be given leave to enter for 2 and a half years. When this is up you can then apply for THREE (that’s right – three) more periods of 2 and a half years. Once you’ve been in the UK – legally – for the prescribed length of time, you’ll be granted permission to settle, otherwise known as indefinite leave to remain.
Children
Anyone applying to enter as the dependent child (those under 18) of a British citizen or legally settled resident will normally be granted settlement on entry. Children do not need to take language tests.
Life in the UK test LITUK and Skilled and Highly Skilled Migrants
From 6 April 2011 skilled and highly skilled migrants are no longer exempt from this test and will have to include evidence of passing it as part of their settlement application. However there are a few exempt groups who fall under transitional protection. These groups will not have to take the test.
Transitional arrangements for skilled and highly skilled migrants after 6 April 2011
If you enrolled on an ESOL course or gained an ESOL qualification before the above date eg by 22 November 2010, you will be able to use your successful results for your settlement application – regardless of when you make your application.
After 23 November 2010
If you enrolled on an ESOL course on or after the above date, you will need to pass the Life in the UK Test if you apply for settlement on or after 6 April 2011. Anyone else in the following categories are now subject to the test: · · · · · · · · · · · · · · · ·
Tier 1 (Exceptional talent) Tier 1 (General) Tier 1 (Entrepreneur) Tier 1 (Investor) Tier 2 (Intra company transfer) Tier 2 (General) Tier 2 (Minister of religion) Tier 2 (Sportsperson) work permit holder highly skilled migrant (excluding those covered by the HSMP ILR Judicial Review policy document) representative of an overseas newspaper, news agency or broadcasting organisation representative of an overseas business overseas government employee minister of religion, religious missionary, or member of a religious order airport-based operational ground staff of overseas-owned airlines person intending to establish themselves in business
· · · ·
innovator person intending to establish themselves in business under the provisions of EC Association Agreements investor writer, composer or artist
Biometrics
Biometrics are a normal part of your application. Once your application has been received it will be checked to see if it valid. Unfortunately, many people believe that the term ‘valid’ means that their application will be successful. It doesn’t. Valid simply means that you have included all the correct documents for consideration including the all-important fee. In other words, you have submitted your application correctly. Again be wary of advisers who tell you that having an acknowledgement letter that indicates your application is valid is a ‘sure guarantee’ of success. Once your application has been correctly submitted, UKBA will send you an appointment to get your fingerprints and facial image taken. Following attendance at this appointment they will issue you with a biometric residence permit. Anyone who is applying with you eg spouse and dependants, will also have to provide this biometric information.
The 28 Days zombie maker
Many people who are organised and like to get things done early may struggle with this concept. However it is important – no, critical - to note. Do not send your application MORE than 28 days BEFORE you are eligible to apply. I’ve found that so many people cannot get their head around this idea. It simply befuddles the brain so that when they are asked about the 28 days requirement a drooling Homer Simpson like duh is the only response. But - believe it or not - it’s a common high risk factor of submitting an application. To simplify this requirement :
On the calendar, check the date on which your visa expires Count 28 days backwards from that date on the calendar. Put an x or a heart or a circle on those two dates. Now, any day between those two dates is when you can submit your application.
I very strongly recommend posting your application on a date that falls just after the first symbol - rather than just before the last one. Post your application and DOCUMENTS by SPECIAL DELIVERY and keep your proof of posting in a secure place.
Show a little sympathy and remember that UKBA have a great deal of already existing backlog. If you submit your application before the prescribed 28 day period, you may well be refused. If that happens you will very likely lose your application fee. I repeat – you will very likely LOSE your application fee. That means NO REFUND. For those who aren’t aware, most application fees now increase twice yearly, around every April and November. So pay particular care to those pennies - and that application - if your visa is due to expire around March or October. Imagine all that money to the Home Office on an application where there’s no guarantee of a refund if you get it wrong. How cool is that?
Settled status and living abroad
Returning residents may be able to resettle after living abroad providing that they’ve not been absent for more than 2 years. In most cases, if you fall outside these rules, the Home Office will look at the level of your connection with the UK. If successful you should be granted automatic settlement in the UK.
Recognised Refugees
Individuals who are granted refugee status, or humanitarian leave will be given permission to stay in the United Kingdom for an initial period of five years. Please note that this is NOT settlement but 'leave to enter' or 'leave to remain'. Applications for settlement will still have to be made at the end of this period. People in this group without travel documents eg passport will be issued with the relevant documents by UKBA. Although you can travel, you will not be allowed to travel to travel to your country of origin. Gateway Protection Programme GPP
Another way to obtain settlement is through the Gateway Protection Programme. However this is an exceptional scheme and grants of settlement via this method are extremely limited. It’s also separate from the standard asylum application, and is applied only to the most vulnerable refugees. GPP is run in partnership with the United Nations High Commissioner
for Refugees (UNHCR) who refer the applications directly to the Home Office, and is used to grant settlement to up to 750 refugees each year.If you are an asylum seeker thinking about this route, be aware that it is an arduous process and that each case is decided on individual merit and following comprehensive checks. UKBA will look at assessing applicants via:
their refugee status; their need for resettlement (including whether their human rights are at risk in the country where they sought refuge, and whether they have long-term security in the country where they currently live); security risks (whether the applicant has committed a serious crime or represents a threat to national security, for example); their family status (including dependants and their relationship to the applicant); and their health and the health of their dependants.
If it is believed that their resettlement would not be conducive to the public good, UKBA will refuse the application.
Discretionary Leave/ Discretionary Leave Granted under Marriage
If UKBA don’t grant refugee status or humanitarian protection, they may grant another type of leave instead, known as 'discretionary leave to remain'. Discretionary leave means that your circumstances will be reviewed during the time you’ve been granted. You’re very unlikely to be granted more than 3 years initially and usually less than that. Discretionary leave is given in very limited circumstances, so don’t expect to be granted as an automatic right if either refugee status or humanitarian protection is refused. If you’ve been granted this on the first stage of a marriage application e.g. as an overstayer who applied under human rights and family life, don’t waste time submitting leave for an extension on an Humanitarian Protection/Discretionary Leave form. Make sure that you apply on the right form. You will need a marriage related form such as FLR(M) - not HPDL. If you submit an HPDL for extension of a marriage application it will quite simply be returned and you will have to resubmit all over again. If you’re granted Humanitarian Protection or Discretionary leave, please remember that it’s not permanent and that further leave can be refused or current status revoked. External factors will be taken into account. For example, any changes in your country that might make it safe for you to now return.
Criminal activity is especially not recommended if you have discretionary leave – and remember that a parking offence when you have to appear in court or bankruptcy will come under the heading of ‘bad character’.
Nationality
British nationality is a specialist area of law all in itself, and could probably have been better designed when the British Nationality Act (BNA) 1981 was created. For a number of individuals who carry the term “British national”, the BNA 1981 can only be described as a public relations exercise. This is because most of them have very few or no rights at all in the expected sense of the term.
© visas uk 2012 A Specialist Self-Help eBook Publication All rights reserved
Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise) without the prior written permission of the author.
DISCLAIMER This publication was written by a registered OISC specialist immigration lawyer. Please note that rules change regularly and a guide such as this is no substitute for professional advice from a qualified UK immigration lawyer or practitioner. The personal views and opinions on policy expressed in this work are those of the writer’s only. For your ease of reference, the term ‘UKBA’ and ‘Home Office’ are used in the eBook to mean the same agency.
CONTENTS Introduction Settlement Work permit employment Requirements for leave to enter the United Kingdom for work permit employment Indefinite leave to remain for a work permit holder Changes in the rules from the 9 July 2012 New Residence requirements for Settlement Applications received on or after 9 July 2012 under the 10-year family or private life route Children Life in the UK test LITUK and Skilled and Highly Skilled Migrants Transitional arrangements for skilled and highly skilled migrants after 6 April 2011 After 23 November 2010 Biometrics The 28 Days zombie maker Settled status and living abroad Recognised Refugees Gateway Protection Programme GPP Discretionary Leave/ Discretionary Leave Granted under Marriage Nationality British nationality The situation before 1949 - and why do I need to know all this fraff…? So…back to 1949 British Nationals British Overseas Citizen (BOC) British Dependent Territories Citizen (BDTC) British Overseas Territories Citizen (previously British Dependent Territories Citizen) Citizen of the United Kingdom and Colonies British Nationality Act 1981 British National Overseas Citizen (BNOC) British Protected Person (BPP) British Subject (BS) Example: What are Tokunbo’s chances of Visa Success? Can I pass on my status to my children? Ancestry visa Evidence of entitlement to ancestry visa Born overseas British by descent British otherwise than by descent Citizenship Application Example checklist of documents and information required Good character Citizen or Immigrant? Waiting for Citizenship
Switching visa categories during the qualifying period Continuous Employment Requirement British Citizenship through mothers before 1961 New Rules on Long Residence Transitional Provisions Key Changes to Long Residence Effect of Changes Birds of the same feather must not flock together Current criteria: Where the applicant… The Future
Introduction Settlement
This ebook looks at UK Settlement, Nationality and Citizenship. It highlights the common assumptions about these two areas of law that tend to cause applicants the most head scratching and hairpulling. Not to mention loss of hard earned cash. To begin let’s have a look at the currrent rules eg 2012 for settlement. Yes I know but it has to be done. You want excitement? Try putting in a solo application without reading up on useful information (such as you'll find here, or without seeking some form of professional advice.) Although there are others, the work permit route is the most common to settlement. The basic rules for the work permit route are listed here but these are subject to short notice amendments, so check the Home Office's UKBa website regularly:
Work permit employment Requirements for leave to enter the United Kingdom for work permit employment
128. A person coming to the UK to seek or take employment must be otherwise eligible for admission under these Rules or eligible for admission as a seaman under contract to join a ship due to leave British waters. The requirements for applications for work permit employment set out in paragraphs 128 to 133 of these Rules were deleted on 6 April 2012 by Statement of Changes HC 1888 except insofar as relevant to paragraphs 134 to 135.
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules); (ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant; (iii) he is still required for the employment in question, as certified by his employer; and (iv) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J and (v) the applicant provides the specified documents in paragraph 134-SD to evidence the employer's certification in sub-section (iv), and (vi) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless he is under the age of 18 or aged 65 or over at the date of his application; (vii) he does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders act 1974 134-SD Specified documents The specified documents referred to in paragraph 134(v) are either a payslip and a personal bank or building society statement, or a payslip and a building society pass book. (a) Payslips must be: (i) the applicant's most recent payslip, (ii) dated no earlier than one calendar month before the date of the application, and (iii) either: (1) an original payslip, (2) on company-headed paper, or (3) accompanied by a letter from the applicant's Sponsor, on company headed paper and signed by a senior official, confirming the payslip is authentic. (b) Personal bank or building society statements must: (i) be the most applicant's most recent statement, (ii) be dated no earlier than one calendar month before the date of the application, (iii) clearly show: (1) the applicant's name, (2) the applicant's account number, (3) the date of the statement, (4) the financial institution's name, (5) the financial institution's logo, and
(6) transactions by the Sponsor covering the period no earlier than one calendar month before the date of the application, (iv) be either: (1) printed on the bank's or building society's letterhead, (2) electronic bank or building society statements from an online account, accompanied by a supporting letter from the bank or building society, on company headed paper, confirming the statement provided is authentic, or (3) electronic bank or building society statements from an online account, bearing the official stamp of the bank or building society on every page, and (v) not be mini-statements from automatic teller machines (ATMs). (c) Building society pass books must (i) clearly show: (1) the applicant's name, (2) the applicant's account number, (3) the financial institution's name, (4) the financial institution's logo, and (5) transactions by the sponsor covering the period no earlier than one calendar month before the date of the application, and (ii) be either: (1) the original pass book, or (2) a photocopy of the pass book which has been certified by the issuing building society on company headed paper, confirming the statement provided is authentic. Various UK governments has been talking for several years now about ending chain migration which would allow family members (those defined as such) to join others in the UK. Well here- in a very complex and costly nutshell -it is.
Changes in the rules from the 9 July 2012
These are expanded below but to summarise briefly new requirement on applications that could lead to settlement:
Minimum income of £18,600 to be demonstrated by the UK sponsor.£22,400 for a partner with one child and an additional £2,400 for each further child; The probationary period for settlement extended from two years to five years. Immediate settlement when living outside the UK together for four years has been abolished and replaced with a 5 year probationary period;
allowing adult and elderly dependants can settle in the UK only upon evidence that they require a level of long-term personal care that can only be provided by a relative in the UK. Application must be made from overseas; in-country switching(from within the UK is abolished Restricting family visit visa appeals, by redefining who is a family and who is a sponsor. Refusing subject to future legislation, the full rights of appeal against refusal of a family visit visa.
New Residence requirements for Settlement
The residence requirement for those looking to settle in the UK will affect all of the following groups. To begin, partners of:
British citizens; someone settled in the UK; someone in the UK with refugee leave; or someone in the UK with humanitarian protection.
The following applies to those applications where permission has been granted Applications received on or before 8 July 2012 where permission was granted: You will need to be in the UK for TWO years before you can apply for settlement. Applications received on or after 9 July 2012 for the 5-year family route You will need to be in the UK for FIVE years before you can apply for settlement. Leave will be granted in two stages of 2 and a half years each. The second grant of leave is NOT automatic. You must apply before the first 2 and half years stage of leave has expired.
Applications received on or after 9 July 2012 under the 10-year family or private life route
You will need to be in the UK for 10 years before you can apply for settlement. If your application is successful, you’ll initially be given leave to enter for 2 and a half years. When this is up you can then apply for THREE (that’s right – three) more periods of 2 and a half years. Once you’ve been in the UK – legally – for the prescribed length of time, you’ll be granted permission to settle, otherwise known as indefinite leave to remain.
Children
Anyone applying to enter as the dependent child (those under 18) of a British citizen or legally settled resident will normally be granted settlement on entry. Children do not need to take language tests.
Life in the UK test LITUK and Skilled and Highly Skilled Migrants
From 6 April 2011 skilled and highly skilled migrants are no longer exempt from this test and will have to include evidence of passing it as part of their settlement application. However there are a few exempt groups who fall under transitional protection. These groups will not have to take the test.
Transitional arrangements for skilled and highly skilled migrants after 6 April 2011
If you enrolled on an ESOL course or gained an ESOL qualification before the above date eg by 22 November 2010, you will be able to use your successful results for your settlement application – regardless of when you make your application.
After 23 November 2010
If you enrolled on an ESOL course on or after the above date, you will need to pass the Life in the UK Test if you apply for settlement on or after 6 April 2011. Anyone else in the following categories are now subject to the test: · · · · · · · · · · · · · · · ·
Tier 1 (Exceptional talent) Tier 1 (General) Tier 1 (Entrepreneur) Tier 1 (Investor) Tier 2 (Intra company transfer) Tier 2 (General) Tier 2 (Minister of religion) Tier 2 (Sportsperson) work permit holder highly skilled migrant (excluding those covered by the HSMP ILR Judicial Review policy document) representative of an overseas newspaper, news agency or broadcasting organisation representative of an overseas business overseas government employee minister of religion, religious missionary, or member of a religious order airport-based operational ground staff of overseas-owned airlines person intending to establish themselves in business
· · · ·
innovator person intending to establish themselves in business under the provisions of EC Association Agreements investor writer, composer or artist
Biometrics
Biometrics are a normal part of your application. Once your application has been received it will be checked to see if it valid. Unfortunately, many people believe that the term ‘valid’ means that their application will be successful. It doesn’t. Valid simply means that you have included all the correct documents for consideration including the all-important fee. In other words, you have submitted your application correctly. Again be wary of advisers who tell you that having an acknowledgement letter that indicates your application is valid is a ‘sure guarantee’ of success. Once your application has been correctly submitted, UKBA will send you an appointment to get your fingerprints and facial image taken. Following attendance at this appointment they will issue you with a biometric residence permit. Anyone who is applying with you eg spouse and dependants, will also have to provide this biometric information.
The 28 Days zombie maker
Many people who are organised and like to get things done early may struggle with this concept. However it is important – no, critical - to note. Do not send your application MORE than 28 days BEFORE you are eligible to apply. I’ve found that so many people cannot get their head around this idea. It simply befuddles the brain so that when they are asked about the 28 days requirement a drooling Homer Simpson like duh is the only response. But - believe it or not - it’s a common high risk factor of submitting an application. To simplify this requirement :
On the calendar, check the date on which your visa expires Count 28 days backwards from that date on the calendar. Put an x or a heart or a circle on those two dates. Now, any day between those two dates is when you can submit your application.
I very strongly recommend posting your application on a date that falls just after the first symbol - rather than just before the last one. Post your application and DOCUMENTS by SPECIAL DELIVERY and keep your proof of posting in a secure place.
Show a little sympathy and remember that UKBA have a great deal of already existing backlog. If you submit your application before the prescribed 28 day period, you may well be refused. If that happens you will very likely lose your application fee. I repeat – you will very likely LOSE your application fee. That means NO REFUND. For those who aren’t aware, most application fees now increase twice yearly, around every April and November. So pay particular care to those pennies - and that application - if your visa is due to expire around March or October. Imagine all that money to the Home Office on an application where there’s no guarantee of a refund if you get it wrong. How cool is that?
Settled status and living abroad
Returning residents may be able to resettle after living abroad providing that they’ve not been absent for more than 2 years. In most cases, if you fall outside these rules, the Home Office will look at the level of your connection with the UK. If successful you should be granted automatic settlement in the UK.
Recognised Refugees
Individuals who are granted refugee status, or humanitarian leave will be given permission to stay in the United Kingdom for an initial period of five years. Please note that this is NOT settlement but 'leave to enter' or 'leave to remain'. Applications for settlement will still have to be made at the end of this period. People in this group without travel documents eg passport will be issued with the relevant documents by UKBA. Although you can travel, you will not be allowed to travel to travel to your country of origin. Gateway Protection Programme GPP
Another way to obtain settlement is through the Gateway Protection Programme. However this is an exceptional scheme and grants of settlement via this method are extremely limited. It’s also separate from the standard asylum application, and is applied only to the most vulnerable refugees. GPP is run in partnership with the United Nations High Commissioner
for Refugees (UNHCR) who refer the applications directly to the Home Office, and is used to grant settlement to up to 750 refugees each year.If you are an asylum seeker thinking about this route, be aware that it is an arduous process and that each case is decided on individual merit and following comprehensive checks. UKBA will look at assessing applicants via:
their refugee status; their need for resettlement (including whether their human rights are at risk in the country where they sought refuge, and whether they have long-term security in the country where they currently live); security risks (whether the applicant has committed a serious crime or represents a threat to national security, for example); their family status (including dependants and their relationship to the applicant); and their health and the health of their dependants.
If it is believed that their resettlement would not be conducive to the public good, UKBA will refuse the application.
Discretionary Leave/ Discretionary Leave Granted under Marriage
If UKBA don’t grant refugee status or humanitarian protection, they may grant another type of leave instead, known as 'discretionary leave to remain'. Discretionary leave means that your circumstances will be reviewed during the time you’ve been granted. You’re very unlikely to be granted more than 3 years initially and usually less than that. Discretionary leave is given in very limited circumstances, so don’t expect to be granted as an automatic right if either refugee status or humanitarian protection is refused. If you’ve been granted this on the first stage of a marriage application e.g. as an overstayer who applied under human rights and family life, don’t waste time submitting leave for an extension on an Humanitarian Protection/Discretionary Leave form. Make sure that you apply on the right form. You will need a marriage related form such as FLR(M) - not HPDL. If you submit an HPDL for extension of a marriage application it will quite simply be returned and you will have to resubmit all over again. If you’re granted Humanitarian Protection or Discretionary leave, please remember that it’s not permanent and that further leave can be refused or current status revoked. External factors will be taken into account. For example, any changes in your country that might make it safe for you to now return.
Criminal activity is especially not recommended if you have discretionary leave – and remember that a parking offence when you have to appear in court or bankruptcy will come under the heading of ‘bad character’.
Nationality
British nationality is a specialist area of law all in itself, and could probably have been better designed when the British Nationality Act (BNA) 1981 was created. For a number of individuals who carry the term “British national”, the BNA 1981 can only be described as a public relations exercise. This is because most of them have very few or no rights at all in the expected sense of the term.
