14 year long residence

Our specialist immigration lawyers can advise on indefinite leave to remain (also known as settlement and the equivalent of permanent residence). They can also advise on moving from that status to British citizenship. In certain circumstances those with historic links to the UK or its colonies may be entitled to the right to live in the UK or citizenship.

Applying for settlement in the United Kingdom

Our experienced immigration lawyers are able to explain how our clients can apply for permanent residence in the United Kingdom. (which is often called ‘indefinite leave to remain’ and is also often called ‘settlement’)

We can assist those who have lived legally in the United Kingdom for a certain length of time. This is commonly 5 years, but in some cases as few as 2 years. After speaking to our immigration lawyers we can assist you in advising whether you may be able to apply to live here permanently, depending on the type of visa you have and your previous immigration history.

As you may know, every type of visa carries with it a different length of time before it leads to settlement, but as a quick guide it is useful to remember that settlement categories tend to be those that come out of work, business, marriage, family reunion, refugee or human rights categories. Students tend not qualify but our experienced immigration lawyers have been successful in arguing that they should gain permanent residence on the basis of long stay here (usually 10 years).

In order to apply for permanent residence, you will usually need to show that you have both knowledge of life and language in the United Kingdom. This usually applies to those who are over 18, but under 65 years of age.

Whilst your application for permanent residence in the UK should not be sent to the Home Office more than 28 days before the end of your qualifying period, we advise that clients see one of our experienced immigration lawyers well before this. This will help us give you high quality advice as to both the requirements you need to fulfil, the evidence required and the procedure adopted. As you must make your application before your current permission to stay in the United Kingdom expires this will give us enough time to give you the best possible prospect of success.

Changes to the Path to Nationality

British Citizenship and Nationality mean essentially the same thing. Those with permanent residence are entitled to apply for British Nationality, but the government has introduced many provisions which is marking increasingly difficult to gain a British Passport.

On 20 February 2008 the Government published the Green Paper ‘The Path to Citizenship: Next Steps in Reforming the Immigration System’. This document explained proposals for changing the way that someone can become a British citizen or even remain here as a permanent resident.

These proposals are introduced a concept called ‘Earned citizenship’.
The Home Office introduced a 3 stage road to British citizenship The three stages are:

1.    Temporary residence
2.    Probationary citizenship
3.    British citizenship/permanent residence

Further information on the implementation of the proposed changes will be announced following parliamentary approval in 2009.

As can be seen the proposals are fast moving and will change over the course of 2009. We advise our clients to continue to check this website for updates on the new changes and of course, whether you are an existing client or not, to call one of our experienced immigration lawyers for up-to-date guidance.

The Home Office have advised that existing arrangements for gaining British citizenship (what is known as ‘naturalisation’) will continue until these proposals come into force and become law.

Current rules on Nationality

Nationality Law is complex with entire books devoted to its rules and history, our experienced immigration lawyers are able to quickly and efficiently identify if and when you should apply for citizenship. A quick guide however follows:

·    You can gain nationality after having had 5 years residing in the United Kingdom (or 3 years if you are married to or the civil partner of a British National). You will need to be over 18 to do this. This is called ‘naturalisation’.
·    Certain people can register as a British Citizen. These tend to be people with historic links to British Overseas Territories or are British Protected Persons or even those who are stateless. This area is complex, specialised and lengthy, if you think you may be able to qualify to register as a British citizen, please contact one of our immigration lawyers straight away.
·    You also need to be of good character and of sound mind in order to gain British Citizenship.