Sunday, November 22, 2009

Citizenship And Naturalisation (UK)

Unless you have a claim to Citizenship based on ancestry you will probably have to apply for naturalization in one of the following two categories

  Naturalisation after six years in the UK
  Naturalisation after three years in the UK as a spouse of an UK Citizen

Please note that as of November 1, 2005, you also have to pass the UK government's new Life in the UK test before you can apply for citizenship. Once you have passed the life in the UK test and received your certificate, please feel free to contact us. With our extremely competitive rates, our expert immigration caseworkers will be able to assist you in making your successful application immediately!

Naturalisation after six years in the UK.

Citizenship and Naturalisation UK
If you are not married to a British Citizen you will need to meet the following requirements to Apply for Naturalisation:

You must be aged 18 or over and are not of unsound mind.
You must be of good character.
You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped.
You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.
If you are not married to an UK Citizen you will need to meet the following residence requirements over the last six years.
You must have been living in the UK exactly six years before the date the application reaches the Home Office; and
During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months); and
During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and
During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR); and
You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the six-year period ending with the date that the application is received by the Home Office.
The processing times for naturalization applications is currently about six to seven months. If you would like assistance with a naturalisation application made on the basis of having permanent residency, please contact our office on (0)207 842 0800 or complete our online enquiry form for naturalization.

Naturalisation after three years in the UK as a spouse of an UK Citizen
The requirements for naturalisation as a spouse of a British citizen are very similar to those mentioned above. The main difference is that there is a shorter residency requirement of three years in the UK as opposed to six years. The three years of the residency requirement are counted from the date your naturalization application is received by the Home Office.
Further details on residency requirements are as follows:
You must have been living in the United Kingdom at the beginning of the three- year period; and
On the date that your application is received in the Home Office, you must have permanent residence/ ILR in the UK; and
During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months); and
During the last 12 months of the three-year period you must not have been outside the UK for more than 90 days; and
You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.

UK Immigration Tier System


The following information is about the UK's new points based system, which has not been fully implemented yet. It's possible that information may change over the course of the following months, so please check back periodically.


UK Immigration Tier System

Introduction:

During 2008, the United Kingdom will be overhauling its immigration law and implementing a points based system for non-European Union migrants wishing to come to the UK to work, study, and train.

The new immigration system will be broken into a five tiers that will replace the current 80 or so routes that exist now. Each tier will have different conditions,
entitlements, and entry requirements for migrants wishing to work in the UK.

Tier 1 was implemented in early 2008. Tier 1 is meant for highly skilled migrants, post-graduates, entrepreneurs, and investors.

Below is the current outline that the government has provided about the new points based tiered immigration system. However, this information is subject to change as the system comes closer to launch, so please refer back to this page from time to time in case anything changes.

Five Tiers

The five tiers are outlined below. Click each Tier to get more information:

Tier 1: For highly skilled migrants, entrepreneurs, investors, and graduate students. This is designed to replace the Highly Skilled Migrant Programme (HSMP), the Entrepreneur and Investor schemes, and the International Graduates Scheme.

Tier 2: This is for skilled workers who have a job offer. This tier will encompass the current UK Work Permit rules.
Tier 3: For a limited numbers of lower skilled workers to fill temporary shortages in the labour market.
Tier 4: Students.
Tier 5: For youth mobility and temporary workers, such as those who come under Working Holiday agreements with other countries.
Tiers 3 and 5 are temporary migration schemes and migrants who fall under these tiers will not be able to switch to a different tier from within the UK. The UK has also suspended Tier 3 in favour of migrants from the EU; however, this may change depending on labor market demands.
Tiers 1, 2, and 4 will be eligible to switch to another tier once they are in the UK if they can meet the requirements of that tier. Tiers 1 and 2 can potentially lead to settlement if the permanent residence requirements are met at the time of application.

Points Structure

Each tier will require the migrant to score a sufficient number of points to gain entry clearance or extend his or her leave to remain in the United Kingdom. Points will be awarded for various criteria specific to each tier. In all tiers, points will be awarded for criteria which indicates that the individual is likely to comply with immigration requirements.

In Tiers 1 and 2, points will be awarded for criteria such as age, previous salary or prospective salary, and qualifications; a system similar to the current Highly Skilled Migrant Programme (HSMP) which has proven very successful. To get an idea of how this system will work, please see our HSMP Points Calculator.

When more details are known about the points structure, workpermit.com will have tools in place to help people assess themselves to see how likely they are to successfully qualify for each tier
.

Sponsorship

All migrants applying under Tiers 2-5 will be required to have sponsorship from a licensed sponsor (an employer or educational institution). The certificate of sponsorship assures that the migrant is able to perform the particular job or course of study.

Highly skilled Tier 1 migrants do not require a job offer and thus do not require sponsorship.

Dependants

Dependantsare allowed to come to the UK with the main applicant. However, they will not be allowed to work if they accompany a student under Tier 4 or a temporary worker under Tier 5 if -- in both cases -- the individual has been given less than 12months leave to remain in the UK.

Followers

Immigration Information