How Do I Apply for British Citizenship?

Applying for citizenship is the last step in the immigration process. If your application gets approved, you will have identical rights as British born citizens, these include the right to right to live and work in the UK permanently without any immigration restrictions, the right to vote in all referendums and elections as well as the right to spend any amount of time outside the UK without risking your immigration status on your return.

Find out if you are eligible to apply

Before you start the process it’s important to check whether you are eligible or whether you even need to apply. Some people already may have British citizenship and won’t need to apply. You may already have British citizenship if youhave a British parent, were born in the UK or a British overseas territory, or if you were born in a British colony before 1983. You can check whether you're a British citizen on the UK government’s website.

Citizenship by naturalisation

If you are not already a British citizen, you can still apply for citizenship by ‘naturalisation’ after five years of living in the UK, or after three years as the spouse of a British citizen. This is a common way of obtaining citizenship if you were born outside the UK and don’t have a British parent. As long as you’re over 18 and have moved to the UK you’re eligible to apply.

Anyone can apply for British Citizenship as long as they meet the following requirements:

You will need to have:

• lived legally in the UK for the past 3 years
• passed the ‘Life in the UK’ Test
• a qualification that shows you speak and understand English - unless you’re exempt
• a ‘good character’ – this means you've had no recent or serious criminal convictions, or problems with debts, unpaid taxes or immigration

Applying for settled status

Another way of applying to live in the UK permanently is through being granted ‘indefinite leave to remain’, or ‘settled status’ from the EU Settlement Scheme. 

Even if your partner is a British citizen you will still need to apply for yourself. If you don’t yet have indefinite leave to remain, settled status or permanent residence, check if you’re eligible for either settled status if you or a family member is an EU, EEA or Swiss citizen, or indefinite leave to remain if you and your family are from a country outside the EU, EEA or Switzerland.

If none of these apply to you there are other ways of applying for British citizenship for example if you are stateless, have another type of British nationality what’s sometimes called a ‘British overseas citizen’, or if you have a connection with a past or present British territory like Gibraltar. You can find out on the Gov.uk website whether you’re eligible.

Applying for British Citizenship can be stressful but it doesn’t have to be. At Gherson we specialise in UK immigration law and have extensive experience with advising and helping people to relocate to live, work, or join family in the UK. Call us today to see how we can help with your British Citizenship application.

Tier 1 Investor – a Route to a British Passport

The Tier 1 Investor visa is an immigration route available to individuals who have a minimum of £2 million to invest in the UK. If granted, the visa will allow the individual to come to the UK with their spouse and children (under the age of 18).

As a Tier 1 Investor you can study, work and live in the UK. The visa is initially granted for three years but can be extended. Each time your visa is extended, you will receive an additional two years to remain in the UK.

Your funds will need to be invested in permitted investments in line with the rules. They are complex and you should seek expert advice to confirm that your proposed investments comply with the rules. Essentially, the funds should be invested in share or loan capital in active and trading UK companies. You are not permitted to invest in property or government bonds. There are further rules which are applicable and seeking expert advice is highly recommended.

To qualify to naturalise as a British citizen and apply for a British passport, you first need to obtain indefinite leave to remain and hold that status for one further year.

Depending on the level of investment, you may qualify for indefinite leave to remain after two, three or five years, as follows: 

Level of investment	Indefinite leave to remain
£2 million	5 years
£5 million	3 years
£10 million	2 years

 
To qualify for indefinite leave to remain, you will need to meet a number of requirements. One of these requirements is that you should not have been absent from the UK for more than 180 days in any 12-month period during the qualifying period.

Please note, however, that your dependent spouse will only qualify after five years of residence, irrespective of your level of investment, and your children will only qualify once both parents hold or are applying for indefinite leave to remain.

If you do not qualify for indefinite leave to remain, you can extend your visa instead and wait until you meet the requirements.

Once you have been granted indefinite leave to remain (depending on your level of investment, as above)you may be eligible to apply to naturalise as a British citizen after one further year of residence in the UK. In order to qualify for British citizenship you will need to have resided in the UK for five years and held indefinite leave to remain for one year (unless you are married to a British citizen).Therefore, depending on your level of investment, the earliest you can apply to naturalise is as follows:

Level of investment	Naturalisation possible after
£2 million	6 years
£5 million	5 years
£10 million	5 years

If your application for naturalisation is successful, you will then be eligible to apply for your first British passport.





The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

Everything you need to know about applying for an Investor Visa

Recently it has become more challenging to relocate to the United Kingdom. However, for those in a privileged financial position obtaining an Investor Visa can work as a fast track to entering and obtaining residence in the UK. If you’re in a position to be able to invest in a business in the UK this can be a quickand route to achieving leave to remain status for you and your family.

Eligibility

First it’s important to check whether you’re eligible an investor visa. The application process has clear government guidelines but you must ensure that you meet all the requirements.

• You must be at least 18
• You must invest at least minimum of 2 million pounds (£2,000,000 sterling) in the UK
• Your finances must be regulated and be held by a bank or venture capital firm, and your funds must be available to spend as cash (i.e. not tied up in securities or shares)
• You will need to provide evidence that the money belongs to you or your partner
• You must be able to prove that you've had the money for a minimum of 3 months, or evidence of how you obtained the money
• If the money belongs to your partner you will also need a statement from then as evidence of their permission for you to invest the money in the UK as well as a statement from a solicitor confirming that your partner's statement of permission is legally valid and not falsified
• You must have a UK bank account to use for your funds.

It’s important to note the following

• · Your money can be in the UK or overseas when you apply
• · During your stay you will not qualify for public funds such as benefits
• · Family memberscan come with you when you travel to the UK on this visa. However, they must have a visa if they’re from outside the European Economic Area (EEA) or from Switzerland.
• · A family member is classed as a dependent if they are your husband, wife, or partner, your child who is under the age of 18 or your child over the age of 18 if they’re currently in the UK, family members can be added to your application online
• · You don’t need to provide evidence of English language proficiency when you apply
• · Investors on this visa must not invest in any company whose activities involve managing, developing, or investing in property

Applying

You can apply 3 months before you travel to the UK. If you’re applying from outside the UK your decision should take less than 3 weeks. However, if you need a more urgent response you can pay extra to get a decision within 5 days.

Cost

It costs £1,623 for an Investor visa plus a healthcare fee of about £400 for yourself in addition to any dependents.

Length of Stay

You can stay in the UK with an Investor visa for a maximum of 3 years and 4 months. Once this period has passed you can apply for an extension for an additional 2 years.

Leave to remain

If you have invested more than £2 million pounds you can apply for indefinite leave to remain. You can apply to settle in the UK after 2 years if you invest £10 million, after 3 if you invest £5 million or after 5 years if you invest £2 million.

Documentation

When you apply you’ll need to provide documentary evidence of:

• a passport or other valid travel identification
• a passport photograph
• tuberculosis test results if you’re from a country where you have to take the test
• a criminal record certificate from any country you have stayed in for a total of 12 months or more over the last 10 years

You will also have to have your fingerprints and photograph taken at a visa application centre (to get a biometric residence permit) as part of your application.

How to Apply for a Passport for your child

Travelling with children can be stressful at the best of times, put your mind at ease by applying for a passport for you child well in advance of your travel dates and to ensure your holiday goes smoothly.

Eligibility

• You may apply for a passport for your child if they are under 16
• The person applying for the passport must be someone with parental responsibility
• You need to give both parents’ details when you apply
• Your child must have British nationality to be able to apply for a British passport. This is usually through one or both parents having a British passport or Indefinite Leave to Remain.
• If your child is under 16 but has had a child passport before you will need to follow the process to renew their passport
• If your child is over the age of 16, or will be in the next month and had previously had a child passport you will need to follow the process for renewing or replacing an adult passport

How much does it cost?

It costs £49 to apply for a child’s passport online and £58.50 to apply with a paper form which is available from the Post Office. They also operate a check and send service to check your documents are correct for an extra fee.

How long is it valid for?

Unlike adult passports which are valid for 10 years a child passport is only valid for 5 years. It’s important to check that your child’s passport expiry date before you travel as you will not be able to travel with an expired passport.

Details required

Your child's first passport must include information from both parents including their full names and contact information. If you are the only parent, you will need to state why, for example if you have adopted the child on your own.

How long it takes

If you apply online it can take up to six weeks to get a passport delivered to you. Applying through the post office usually takes longer. If you need a passport urgently for work, for compassionate reasons or to prove your child’s identity you can contact the Passport adviceline on 0300 222 0000 or +44 (0)300 222 0000 from outside the UK. It is important that you don’t book your travel until you have a valid passport as your new passport will not have the same number as the old one.

How to apply

You can either apply online or through the post. To apply online you will need the following:

• A digital photo of your child, or a smart device that takes photos
• The child's full birth or adoption certificate (the one which has the parent's details on it)
• Evidence that your child has British nationality (for example a British registration certificate)
• The parent's passport details or parent's birth certificates
• Any valid passports from a different country belonging to the child.
• A credit or debit card

To apply through the Post Office you will need the above documentation plus

• Two identical photos which are 45mm high by 35mm wide (standard UK size)
• These should not be cut from a larger picture
• The photos should show the child facing forwards
• They must have their eyes open and visible (unless they are under one)
• They must not have anything covering their face or have any shadows on their face
• Their head may be supported with your hand if they are very young but your hand must not be visible

If you apply using a paper application form from the post office you will need to ask someone eligible to counter sign section 10 and write on the back of the photo that ‘I certify that this is a true likeness of (full name of child who is getting the passport)’. 

People eligible to sign include dentists, doctors, accountants, journalists, police officers or government workers. You cannot be related to the person confirming the identity or live together.

Gherson has extensive experience with all types of applications for passports and assistance with travel documentation. Should you require expert advice and assistance with your British passport application, please do not hesitate to contact us.

UK passport application backlog reaches 400,000

Further to our blog on 12 June 2020, the Passport Office is still operating with reduced staff in order to allow for social distancing in the workplace. As a result, a backlog of applications has been building up throughout the Coronavirus period and passport applications are therefore taking longer than usual to process. 

Prior to Coronavirus, passport applications were usually taking between three and six weeks to process, depending on the type of application submitted. The Passport Office are currently unable to confirm how long applications are taking to be processed.

Urgent applications for passports are only being considered on compassionate grounds or for some forms of work travel, for example those travelling on Government business.

Please note that most travel insurance policies only cover lost passports, so it is unlikely you would be able to claim back holiday costs on your travel insurance in the event of a passport not being issued in time for travel.

If you have submitted a passport application and you would like further clarification on the processing of your application, you can contact the Passport Office advice line on 0300 222 0000.

Gherson is actively monitoring this situation and will provide more information as it becomes available.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

Visa Extensions - Covid 19

In March of this year Priti Patel, the Home Secretary, announced unprecedented visa extensions in response to the impact of COVID-19 on overseas migrants who were unable to leave the UK due to self-isolation or travel restrictions, and whose visas were expiring between 24 January and 31 May 2020. Her announcement confirmed that those affected would be able to extend their visas until 31 May 2020 (subject to contacting the Home Office).

This concession was thereafter extended to include migrants whose visas will expire between 1 June and 31 July 2020. 

Currently, all eligible migrants with visas expiring between 24 January and 31 July 2020 can have their leave extended until 31 July 2020. 

To secure this extension, eligible migrants must contact the Home Office by completing its online form. 

It should be noted that those who have already contacted the Home Office, and are currently benefiting from the previous concession, will automatically have their leave extend until 31 July 2020. 

Any immigration queries related to Coronavirus should be directed to the Coronavirus Immigration Help Centre by email (in English) at CIH@homeoffice.gov.uk or by phone on 0800 678 1767 (Monday to Friday, 9am to 5pm). 

Additionally, it should be noted that those overseas migrants with visas expiring before 31 July 2020 may now benefit from an in-country switch to a long-term visa category. For those who wish to discuss their eligibility for an in-country visa switch, please do not hesitate to contact us. 

Please note that the information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice. We shall be monitoring all aspects of UK immigration which may be impacted by the coronavirus closely, so please do keep updated with further blogs and articles which we will be posting on this site.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

I submitted by visa application – when can I attend my appointment?

If you have submitted an application for a UK visa in the last three months, you will likely have been unable to book an appointment to enroll your biometrics. As a result of this, your application will not have been processed.

Making a visa application from outside the UK

If you are making an application from abroad, some visa centres have begun to reopen. This includes Visa Application Centres in:

• Bangkok
• Beijing
• Berlin
• Brisbane
• Canberra
• Chongqing
• Dusseldorf
• Fiji
• Guangzhou
• Hong Kong
• Kuala Lumpur
• Melbourne
• Minsk
• Munich
• Perth
• Shanghai
• Sydney
• Taipei
• Ukraine

This list is subject to frequent change. More centres abroad are planning to reopen in the coming weeks.

Making a visa application from inside the UK

A number of Sopra Steria service points reopened on 1 June. This included those at:

• Birmingham
• Birmingham Premium Lounge
• Chelmsford
• Croydon
• Exeter
• Leeds
• London Mark Lane Premium Lounge
• London Victoria
• Manchester Fountain Street Enhanced Service Point
• Manchester Premium Lounge
• Sheffield
• Southampton

These centres are operating a reduced service to comply with social distancing rules. Appointments are currently only available to those who had already booked their appointments before the lockdown was announced and whose appointments were cancelled. Sopra Steria will contact you by email to rebook your appointment. You will not be charged again for attending an appointment that you have already paid for.

If you submitted your application prior to the lockdown but were unable to book an appointment or you submitted your application after the lockdown began, you will not yet be able to book a replacement appointment. As the Home Office work through the backlog of applications, they will start opening the application centres to applicants who fall into this category. There is currently no definitive guideline as to when this will happen.

There is no guidance from the Home Office as to when the Priority and Super Priority services will start to operate. All applications submitted since they were suspended in late March will be considered under the standard processing timeframes.

Please note that the information in this blog is current at the date and time of posting. The situation regarding policy and guidance based on the COVID-19 pandemic is subject to change at short notice.





The information in this article is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this article. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.