Amidst pressure on the UK Government to find a solution to the high levels of unemployment, the tightening of visa rules for workers outside of the EU is threatening many New Zealanders’ rights to stay in Britain long-term.

Up until now, New Zealanders working in the UK have been able to apply for “settlement” after five years, allowing them to confidently settle into careers, marry and have children. Read the full story

The UKBA’s public consultation on reforms to work routes (including routes that lead to settlement, Tier 5 and overseas domestic workers) closes on Friday 9 September.

The consultation sets out the government’s proposals for breaking the link between temporary and permanent migration. Read the full story

What are the rights of British Citizens when it comes to passing on British Nationality to their children?

If you’re a naturalised UK Citizen planning to return to your country of birth, have you thought about the implications for your planned children?

• If you have children after naturalisation while in the UK, will they be considered British?
• What if you’ve left the UK after your naturalisation and had children back in your country of origin? Read the full story

Justice 4 Domestic Workers this week led a protest outside parliament, which saw hundreds of migrant domestic workers demonstrating against proposed changes to their visa conditions. Read the full story

A recent study revealed that almost 15% of people who qualify for and hold a UK Ancestry Visa are already British Citizens but don’t  know it! Read the full story

In light of recent announcements made by Immigration Minister Damien Green, 1st Contact Visas is encouraging Tier 1, 2 and 5 visa holders as well as foreign nationals wanting to switch categories, to make the necessary applications soon so as not to be affected by the proposed changes by the UK Border Agency with a suggested date taking effect on 1 April 2012. Read the full story

Could you be eligible for a British Passport?

No?

Are you sure?

According to Robyn Cory from 1^st Contact Visas, there are thousands of people – particularly from Commonwealth countries – who often are not aware they may be eligible through Nationality law at the time of their birth and their ancestry that they may be eligible for a UK passport, when in fact they do qualify.

“A nationality status trace through 1^st Contact Visas, along with the relevant supporting documentation could well put you on your way to British citizenship, and all the possibilities that opens up.” Read the full story

‘Readers Ask’ has been a recent addition to our email newsletter.

We’ve rounded up some of the best questions and answers and provide them here.

This month, we look at Visas, naturalisation and continuous residency.

Robyn Cory of 1st Contact Visas was on hand to give an expert opinion.

___________________________________

Question: If my mother was born in the UK am I eligible for UK citizenship.

Answer: After 13 January 2010 a person who has a British mother will have a right to register as a British citizen under section 4C of the British Nationality Act 1981 if he or she would have become a British citizen at birth had women been able to pass on citizenship in the same way as men

Question: Hi, I have indefinite leave to remain since 2007. How do i go about applying for my british passport and how much would it cost? Thanks

Answer: Once you’ve held Indefinite Leave to Remain (ILR) for 12 continuous months, you will be eligible to apply for naturalisation; you are required to have passed the Life in the UK Test and should not have spent more than 90 days outside the UK in the final year prior to applying.

Question: I am a South African Passport holder with an Indefinite leave to Remain Stamp in my Passport and will be visiting SA soon Do I require a Visa to re-enter the UK ? The stamp is in my old passport as I have had to renew my passport recently

Answer: Indefinite Leave to Remain (ILR) is a Permanent Residency status in the UK. Transfer of Conditions (ToC) is an application whereby your current Indefinite Leave to Remain (ILR) can be transferred to your new passport by the UK Home Office. Alternatively, in the interim, you can carry both your expired and new passports to provide evidence of your holding of Permanent Residency (ILR) in the UK.

Question: Hi I came uk in june 2008 on 2 years HSMP visa. last year in May 2010 i got an extension in my visa for next three years.After completing 5 years in UK i will apply for the ILR.My question is that when i will apply for the ILR is there any points of the income.As previously when i applied for the extension of my visa I submit all my Bank statements and my employer letter,pay slips which was confirming that i am getting the required salary.

Answer: HSMP /Tier 1 visa issuance after December 2006 will require the HSMP/Tier 1 holder to meet the points criteria including the income criteria as per their last HSMP/Tier 1 extension application.

Question: I obtained a Ancestral Visa for the first time in 2004, and again when I was married in 2007. I left the UK two years ago. Is there a limit to the number of times a person can apply for an Ancestral Visa? Can I apply for another one?

Answer: The UK Immigration law and policy allows for the re-application of Ancestral Visas providing the foreign national can provide all the relevant documenation. To meet the settlement requirement of the Ancestral Visa it is imperative to provide sufficient evidence that the intent is to settle in the United Kingdom. Should your current Ancestral Visa still be valid, in that the expiration date has not yet been met, the Ancestral Visa is a multiple entry visa, and will allow for entry clearance into the UK, until such time as the visa has expired.

Question: I have been granted HSMP Visa until Oct 2012, but my passport is up for renewal in May 2011. Do I need to transfer the HSMP Visa from my old passport to the new passport or can I keep holding on to both expired passport which has the HSMP Visa stamp as well as the new passport?

Answer: You would be able to obtain a new passport and then request a Transfer of Conditions from the Home Office, which is in effect another visa in your new passport, without having to reapply for your current HSMP visa.   Alternatively, you are allowed to obtain a new passport and carry your expired passport with your valid visa. 1^st Contact Visas can assist you with the Transfer of Conditions application.

Question: I’m a Kiwi who came to the UK in 2007 on a 2-year HSMP. In 2009 I switched to a 3 year tier 2 permit having been sponsored by my brand new employer (my old employer thinking it was “too hard”…). As the scheme was new there was a really long wait for my employer’s registration to go through – they were saying on the phone and the internet it would be 6-8 weeks but it ended up being  more like 12 weeks before it was sorted. Unfortunately this meant I had to leave the country as my HSMP ran out after about 9 weeks of waiting, and I had to do the application from NZ. So I was gone from the UK for 2 months and for around 6 weeks of that time, I did not have any legal right to live/work in the UK. My question is, how does this affect my continuous residency? I was hoping that next year at the end of this permit I would have 5 years residency and could apply for permanent residency, but does this enforced departure mean that my first 2 years have to be disregarded and I started from scratch again in 2009?

Answer: Continuous residency is determined by breaks in residency of no more than 90 days at one time out of country, and a total of 180 days within the 5 year period preceding your intention of application for Indefinite Leave to Remain. So you’re OK! Your 6-week period is not enough to hamper your application!

Question: Myself and my daughter have indefinite leave to remain visas. Can you please tell me when we can apply for British passports? We have being in the UK for 4 years now and came in on my wife’s British passport.

Answer: Naturalization is possible after 12 months on Indefinite Leave to Remain.  Some additional criteria of continuous residency must be met. And you should have no more than 90 days within the last year spent out of the country.

Question: My great grandfather was born in Wendron, Cornwall on 17 April 1862. Would I qualify for an ancestral visa based on these details?

Answer: Ancestral Visas are issued for foreign nationals whose grandparent was born in the UK. Unfortunately great grandparents are not considered to meet the criteria.

Do you have a pressing question you think our experts may be able to help with?

cforms contact form by delicious:days

Since the 6th of April this year, skilled and highly skilled migrants were added to the list of those required to pass the Life in the UK test in order to qualify for ILR (indefinite leave to remain) in the UK. Read the full story

Earlier this week, Immigration Minister Damian Green issued a Written Ministerial Statement proposing certain immigration and nationality fees increases, set to take effect from 6 April this year. Read the full story

Yesterday we reported that the temporary cap on Tier 1 (General) and Tier 2 (General) had been deemed unlawful by the UK High Court. Unfortunately, this ruling has been nullified by this morning’s sitting of parliament. Read the full story

There are loads, but here are five good reasons to pack your bags and move to the UK. Read the full story

The UK government has launched an international action plan to encourage ‘circular migration’ and prevent illegal immigration. Through a points-based system, skilled temporary residents may be able to ‘pause’ their journey to UK citizenship, returning home to contribute their expertise. Read the full story

Leading immigration company 1^st Contact says it will keep costs low, despite the sharp rise.

Walking the path to British Citizenship or simply applying for a visa such as the Tier 1 Visa is set to become a costly exercise after the UK government signaled its intention to increase UK visa fees as of April this year. Read the full story

International immigration group, 1^st Contact has its offices ready for the large number of enquiries already coming through from eligible individuals in an attempt to obtain British Citizenship. A new development in the UK immigration law, which came into effect on 13 January 2010, has made it possible for individuals with British born mothers to gain UK citizenship through registration. Individuals who qualify for this right, under section 4C of the British Nationality Act of 1948, no longer need to apply via the standard ancestral visa route in order to become British citizens. Read the full story

In an attempt to reduce the economic pitfalls experienced in the UK, brought upon by the recession, the UK Home Office have yet again announced another potential regime aimed at tightening British Citizenship law. It has been stated that foreigners residing in the UK may no longer be entitled to gain British passports as a consequence of staying in the UK for up to 5 years, but may be subject to a new points based system. The Home Office (UKBA) has opened a consultation for a points based system that has not been implemented as of yet. Following the results of this consultation process, and if the UK government approves the new points based system, the proposed implementation date has been set for summer 2011. Read the full story