Because of anomalies in UK Nationality laws dating between 1914 and 1983, many people mistakenly think they do not qualify for UK citizenship and then go through arduous visa application processes unnecessarily.

The reason for the anomalies relate amongst many other things, to two different factors. Firstly, recent gender anti-discrimination legislation has been introduced that retrospectively allows British women to pass on their nationality to their children (subject to certain conditions). And secondly, instances where a Commonwealth citizen has a UK-born grandparent can often lead to British Nationality claims through Double Descent legislation. Applicants who were disadvantaged by the gender discrimination of the previous laws can bring claims forward for their own children, provided that certain other criterion is met. Such applications fall to Home Office discretion and have to be lodged before the 18^th birthday of the child concerned.

The UK Ancestry Visa is, strictly speaking, an employment visa. It is available to any Commonwealth citizen (which includes South Africa, Zimbabwe, Australia, New Zealand and Canada) who has a grandparent born in the UK (including Ireland before 1922). A successful applicant must be over the age of 17, and while there is no stipulated upper age limit, any applicants over 60 will have to demonstrate further abilities to generate income and to be economically active whilst in the UK. Age should in theory be no bar to the acquisition of this status. And although an applicant past retirement age can expect to encounter difficulties, cases have been won on anti-age discrimination precedents.

1st Contact Visas offer a free online assessment of your nationality status. Alternatively, speak to an experienced and knowledgeable 1st Contact Visas consultant, who will be able to advise you and assist with any British nationality applications.

Visit www.1stcontactvisas.com or call 0808 141 1664 (in the UK) 0800 003 163 (in South Africa) and 1800 039 300 (in Australia).

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As part of what is being called “A crackdown on settlement”, Minister Green has said there should be a very clear distinction between those who are allowed to stay permanently and those who should be here only temporarily. Permission to stay will for instance be restricted to a maximum of 5 years for skilled workers, while the only most highly skilled candidates will be allowed to apply to stay on.

In particular, the government wants to restrict ‘switching’ between visa categories and through this practice eventually gaining the right to stay on.

“We urge Tier 1 and Tier 2 visa holders who may qualify for Indefinite Leave to Remain prior to April 2012 to apply as soon as possible,” says Robyn Cory of 1st Contact Visas. “The same goes for those wanting to apply for a Tier 5 (Youth Mobility Scheme) visa – they should apply as soon as possible to obtain the current 2 year visa before the proposed 1 year validity on the visa potentially kicks in next year.  Foreign nationals wanting to switch categories should do so immediately while there is still the opportunity to switch.”

Anyone with questions about visas and the changes to be implemented should visit www.1stcontactvisas.com, e-mail visas@1stcontact.com or call 0808 141 1664 to speak to a consultant about their visa needs.

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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.”

A Complicated System

British nationality law – the UK law concerning British citizenship – is complex because of the UK’s former status as an imperial power.

Anyone who has attempted to assess their own eligibility for UK citizenship will know it is a long and complicated process through an even more complicated system, with an enormous number of variables.

The bottom line is that if you’re a citizen of a commonwealth country like South Africa, Australia or New Zealand, Canada etc, you may be able to claim UK nationality depending on a combination of factors including marriages, births, legislation and past relationships between the countries.

Professional Trace Service

1^st Contact Visas is well positioned to assist with ascertaining your rights to British citizenship by either naturalisation or registration.

Naturalisation as a British citizen can occur after you have lived in the UK for a qualifying period of up to 5 years on a relevant visa and successfully applied and obtained Indefinite Leave to Remain (ILR). After holding ILR for a further 12 month period and meeting of continuous residency requirements in the UK, you can apply for Naturalisation, British Citizenship.

British citizenship can also be obtained by Registration. If for instance you were born prior 1 Jan 1983 and your mother was born in the UK, you will qualify for registration as a British citizen straight away. If you were born prior to 07 Feb 1961, you will only be eligible to hold Right of Abode (RoA) and then once you have resided in the UK for 5 continuous years on this status, you will be eligible to naturalise.

To find out more or complete the FREE online assessment, visit www.1stcontactvisas.com or call 0808 141 1664 (UK), 021 657-2180 (South Africa) or 1800 039 300 (Australia).

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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.

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The Life in the UK test is used to test applicants’ knowledge of UK culture and civics and consists of 24 multiple choice questions. The test lasts for 45 minutes and a grade of 75% or higher (at least 18 correct answers out of 24 questions) is required to pass. Tests are carried out by Ufi Limited via a secure web connection and the cost for each test is £34.73.

Those affected are ILR applicants currently in the UK under the following visas:

• Tier 1 (Exceptional talent, General, Entrepreneur, Investor)
• Tier 2 (General, Intra company transfer, Minister of Religion and Sportsperson)
• Work permit holder
• Highly skilled migrants
• Representative of overseas newspapers or broadcasting organisations
• Representative of overseas businesses and overseas government employees
• Ministers of religion
• Airport-based operational ground staff of foreign-owned airlines
• Writers, composers and artists

Passing the Life in the UK test fulfils the requirement for “sufficient knowledge of life in the United Kingdom” which was introduced for naturalisation on 1 November 2005.

To find out more about UK visas and Indefinite Leave to Remain, visit www.1stcontactivisas.com.

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The Kingston Crown Court found Rong Yang and Steven Lee guilty, advising that fines of up £100,000 may be payable, with an alternative of up to 18 months in jail. Those who pass the ‘Life in the UK Test’ can apply for a UK passport. As a result desperate applicants had been willing to shell out thousands of pounds to increase their chances of success.

convicted of using high-tech spy equipment to transmit answers to applicants writing the Life in the UK Test in 2008

However, those keen to do well don’t need to resort to illegal means according to experts. International immigration group, 1st Contact has created a simulated ‘Life in the UK’ test, comprising a computer based exam for those wishing to apply for Indefinite Leave to Remain (ILR) or for naturalisation as a British Citizen.

As a free simulated program, applicants can undertake it as many times as they see fit in order to obtain a “real life” feel for what to expect in the official test.

“We have presented the test in a similar format to the official test you will take,” says 1st Contact’s Visas manager Robyn Cory. “Whilst the questions you’ll answer are not the actual questions in the test they will give you a feel for whether or not you are ready to take the test.”

Start the free simulated test now

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Eligibility is an option for applicants who meet various criteria, including possession of a UK degree-level qualification or UK Higher National Diploma relevant to the role on offer, sponsorship, future expected earnings, English language requirement, and maintenance funds.

“Tier 2 allows individuals to enter the UK and expand their career horizons”

In addition to applicants meeting a points criteria for eligibility, the visa is based largely on the offer of sponsorship from a qualified company in the UK. “Your employer must be able to demonstrate that the role cannot be filled by a suitably qualified or experienced resident worker,” notes Cory.

“The Tier 2 visa offers a validity period of one to three years, depending on the company. Furthermore it can open up the doors to permanent residency through the continuation of successive Tier 2 visa(s) to accumulate five years after which the visa holder is able to continue the path towards naturalisation through applying for Indefinite Leave to Remain (ILR).”

1st Contact says the first step of making an application under the new Tier 2 scheme involves requesting that a potential employer becomes a Licensed Sponsor. Those interested in further information can direct their employers to http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/employingmigrants/ .

“Once your employer becomes a Licensed Sponsor, we step in to aid the process. For all those whose idea of getting a UK visa was based on Tier 1 applications, Tier 2 is great news; the opportunities in the UK, from work to naturalisation, are endless if you can meet the criteria to qualify under any of the broad terms on offer,” adds Cory.

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