Archive for » January, 2010 «

Friday, January 29th, 2010 | Author: admin

This is an important question to ask if you are looking into acquiring the British citizenship, because this act doesn’t necessarily mean that you want to give up your original nationality; it just means that, for a number of reasons, it is best for you now to live in the UK.

The fast and direct answer is yes, immigration UK law allows you to keep your old citizenship when becoming a British national.  However, there are many other countries that will not let you keep the nationality if you choose to get another one; they only allow one nationality.

If you decide to become a British citizen and you are already a citizen of a country that does not allow dual nationality, the authorities will consider that you lost your previous nationality or may refuse to recognize your British one.

It is important that you check with the pertinent authorities how applying for the British nationality will affect your current one.

In the case of the UK, you normally don’t lose your British citizenship when you decide to become a citizen of another country.  If you are a British subject otherwise than by connection with the Republic of Ireland, you will lose that status when acquiring any other nationality.  Equally, if you are a British protected person, you lose that status when you acquire any other nationality.

Some countries have citizenship laws that automatically give a person’s partner citizenship after marriage.  Children will also automatically acquire their parents’ nationality even if they were born in another country.

If your partner, husband or wife, or your children, are visiting the country you are a national to, check with the country’s consulate or high commission in the UK before travelling.

British authorities are not able to give you diplomatic help, under international law, if you are in a country where you are a national.  This is, if for example, you hold both citizenships, the British and the Brazilian, British authorities will not be able to offer diplomatic help while you are in Brazil.

In case you are planning a trip to your previous homeland and are not sure if you still hold its nationality, the first thing you should do is check with the country’s consulate or high commission in the UK to ensure you know under what conditions you are setting foot there.  If you are still a citizen but don’t want to be anymore, they will inform you what to do to achieve that.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).


Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.

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Friday, January 29th, 2010 | Author: admin

The Borders, Citizenship and Immigration Act 2009, has established changes to the United Kingdom’s citizenship law that became effective as of January 13th 2010.

These are the changes effective as of this date:

1.    Children born overseas to parents in the armed forces
After January 13th, if a child is born outside the UK, he or she can be registered as a citizen if:

-    He or she was born to a Foreign and Commonwealth member of the United Kingdom armed forces,

-    The parent was serving outside the United Kingdom when he or she was born,

-    Both parents agree with the registration.

2.    Children born outside the United Kingdom to British citizens by descent
These children can be registered after January 13th, 2010 under section 3(2) of the British Nationality Act 1981, as long as the request is made any time before the child turns 18 years old.

3.    British nationals who are overseas with no other citizenship or nationality

These people can be registered under section 4B of the British Nationality Act 1981 as long as they don’t have another citizenship or nationality.  A BN(O) will not enter in this category if he or she has done something, after March 19th 2009, which made him or her lose another nationality.

4.    Children of British mothers

Any person whose mother is British, will be able to register as a British citizen under section 4C of the British Nationality Act 1981 if he or she would have become a United Kingdom citizen when they were born if women had been able to pass on citizenship as men were.

Even more, the new law supports automatic citizenship for any person born in the United Kingdom after January 13th 2010, to a parent in the armed forces.  The children born to such a parent but who were born before this date also have the right to citizenship; however, this change leaves no doubt in this respect.

In case of questions or doubts, consult with a UK immigration lawyer to clarify your situation.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.

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Thursday, January 28th, 2010 | Author: admin

The Migration Advisory Committee (MAC) has issued the first review of the high-skilled workers migration, the Tier 1, of the Government’s Points Based System, and it advocates this course of action.

MAC has made recommendations on crucial Tier 1 areas that work to benefit the UK’s economy and work market, and whose goal is to keep immigration processes efficiently designed to catch the attention of the best of the best out there.

MAC’s recommendations are:

1.    People who have an undergraduate degree as their highest education level should be allowed in the country under the Tier 1 General route, dependent on previous earnings.

2.    The arguments listed on the Tier 1 General route should be revised to make sure only the best of the best is allowed in.

3.    The first ‘leave to remain’ privilege under the Tier 1 General route should change from three to two years, with the possibility of a three-year extension if the person is doing high-skilled work.

The Chair of the Committee, Professor David Metcalf, clarified that the route of high-skilled professionals of the Points Based System is vital for the economy of the UK; this is why it must be retained and perfected, to make sure that the UK stays attractive for the best professionals out there.

Obviously, UK workers should not be dismissed to make room for Tier 1 migrants; employers should continue to invest and work on improving the skills of the local workforce, and what these recommendations do is provide strength to face the changing global economy and make the UK attractive for foreign investment.

The goal the government wants to achieve with the Tier 1 is to catch the attention and keep hold of the right people who can help enhance the UK’s workforce abilities and knowledge, while keeping the flexibility of the country’s work market.  This is why MAC recommends that the four Tier 1 routes be maintained, these are: General, Post-Study Work, Entrepreneur, and Investor.

Among the specific recommendations MAC proposes for the Tier 1 General route are:

1.    That the Government reviews the salary multipliers employed to convert prior earnings from outside the UK into a UK equivalent, fast and thoroughly.

2.    That the UK Border Agency contemplates the operational possibility of an employer acting as a guarantor for an individual’s maintenance requirement.

In regards to the Post-Study Work route, MAC recommends:

1.    That the Government investigates the economic returns related to studying at specific institutions and for specific subjects in the UK so as to review the access to the Post-Study Work route for foreign students.

2.    That the grant of leave remains in two years.

In regards to the Entrepreneur route, MAC recommends:

1.    That the UK Border Agency devotes enough resources to confirm that the jobs created by entrepreneurs signify a real net increase in jobs.

The Government must decide if these recommendations are valid, and if so, when these will be implemented under immigration UK law.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.

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Wednesday, January 27th, 2010 | Author: admin

About 50% of the new expat assignments in Europe may be influenced by important changes in the EU social security legislation starting in 2010.

These changes were actually ratified several years ago; however, the regulations to put this new legislation into practice were very recently approved, establishing thus the beginning of a six-month process leading to its introduction on May 1st 2010.  The last major change to EU social security legislation took place more than 35 years ago, when the processes for acquiring E101 certificates were established.

The intention behind the new changes is to simplify the regulations by making them shorter; nevertheless, this goal is still pending confirmation of success.  Many rules regarding certain employee types have been completely eliminated, for example, those for aircrew and transport workers, and rules that involve the new short-term and long-term expats, as well as cross border workers, have changed considerably.

Short-term expats will have to keep giving to their home countries after they are assigned to work outside for two years or less, and it will be very difficult for long-term expats to stay insured within their home country for as long as the five year limit.

The new regulations focus importantly on pan-European compliance.  Now, foreign social security authorities will be allowed to put responsibilities into effect through their UK counterparts, and vice versa.

There are new rules about electronic data exchange between authorities, which will help make cross-border compliance stricter, and the introduction of a EU social security database makes it more possible to implement the action being taken against companies which have not paid the social security contributions or have paid them in the incorrect location.

There will be less flexibility and much more control over UK employers sending expats to work abroad and for the ones taking expats in.  UK employers will have to adapt to the new regulation very fast so that they are not penalized with higher social security expenses.

The current expat assignments are not controlled by this new legislation; however, every case has to be presented to the pertinent authorities before May 1st 2010.  In any case, it is expected that within time, any flexibility in treating old cases will diminish.

Employers will certainly centre on the changes in social security contributions, and employees should worry about their personal benefits, like state pension and child benefit.  It is important that every communication regarding the changes is handled with care.

Probably, the most affected employees will be the long-term expats and commuters.  For the former, it will be difficult to remain a part of the UK National Insurance system starting 2010, and for the latter, their social security status will get even more complicated.  In order to avoid penalties, employers should have a great deal of clarity as to their obligations in regards to commuters.

It is important to talk to the pertinent authorities and to get the help of proficient UK immigration lawyers to ensure every expat gets a fair treatment and his or her rights and duties are clear and accounted for.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.

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Tuesday, January 26th, 2010 | Author: admin

When you have finally received word that your visa application is being processed you can’t help but be relieved, but along with that relief and excitement comes the fear and uncertainty of facing the visa interview.  While it is natural to be intimidated by the process, it is important to remember that the officer conducting the interview only wants to make sure that everything is honest and genuine in your application.  To make the process more comfortable and less nerve wracking, here are some things (such as taking a UK Immigration Lawyer with you), to consider doing, as well as a few things that you must avoid:

Do fully prepare for the meeting.  In your communication with immigration offices, you will be asked to bring certain documents and forms with you to the interview.  Be sure to gather them all together in an organized folder.  Try to familiarize yourself with the information contained in the documents in order to answer the officer’s questions.  Should you give a different answer to a question than the answer that is contained in your application, it could make you look suspicious.  Read and re-read your application before the interview.

Do arrive on time for the interview.  You have probably already waited quite a while for this appointment and being late could result in the appointment being rescheduled.

Do dress appropriately for the interview and present a neat and tidy appearance.  Making a good first impression is always important.  Try to be as confident and as positive as you can.

Do follow all of the officer’s directions willingly, stay focused on, and answer succinctly only the questions asked of you.

Don’t hesitate to ask the officer to repeat any questions that you don’t understand.

Do feel comfortable bringing an interpreter with you if you feel your English is not adequate to complete the interview.

Do try to remain calm and relaxed.  Getting flustered may result in you being unable to answer simple, routine questions.

Do be honest in your answers.  If you can’t answer a question, it is better to admit that you don’t know than to make something up that could later cause you problems.

Don’t make joking or sarcastic remarks about any illegal activities that you may be asked about.

Do ask a UK immigration lawyer to accompany you if you are just too uncertain of the proceedings to attend on your own.

Don’t argue with the officer.  In the event that a part of your application is said to be incomplete, simply try to pleasantly correct the omission by using the documents and forms you have brought with you.

Don’t refuse to answer any of the officer’s questions.  While they may seem unrelated or irrelevant to you, the officer has a reason for asking them, and your refusal to answer could unnecessarily raise suspicion.  If you don’t know or can’t remember details, it is quite acceptable to refer to your documents for verification.

Attending your interview with a positive attitude is of utmost importance.  Keep your objectives clearly in your mind, and you won’t forget the reason for it all.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.

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Tuesday, January 26th, 2010 | Author: admin

In the spring of 2008 immigration UK law underwent a series of changes that introduced a five tier, points-based visa system.  The newly designed system is intended to make the visa process far more streamlined and logical.  Where once there were over 80 different types of visa application processes, there will now be fewer, more simplified procedures. All applicants under the new system must provide passport with photo, application, required fee, biometric details and any other tier specific documents.

Here is a breakdown of the five tiers:

Tier One Visa:
It applies to migrants who possess specific job-related skills, or wish to become a self-employed person in the country.  No sponsor is required but you must provide proof that you have the funds to support yourself.  A spouse or partner and dependent children under 18 may accompany you if they have received the proper visas as well, and you can demonstrate proof that you can support them. This visa is good for a maximum of two years.

Tier Two Visa:
It applies to skilled workers who have obtained an offer of employment.  A sponsor and certification of sponsorship must be obtained prior to making your application.  You must demonstrate proof of funds to support yourself and any dependants who will be accompanying you.  This visa is good for a period of three years and one month, or the period of time stated in your certificate of sponsorship plus one month, whichever is shorter.

Tier Three Visa:
It applies to workers with minimal skills wanting to work temporarily in the country.  This visa is only good for a maximum period of twelve months and the individual is required to return home at the end of that time.  Dependents are not permitted to accompany you with this visa.

Tier Four Visa:
It applies to students wishing to complete studies in the UK.  A certificate of sponsorship is required for this visa and is generally provided by the school that has accepted the applicant to a study program.  The school will be asked to verify your ability as a student, and this visa is good for the duration of the specific course of study.

Tier Five Visa:
It applies to young persons in the country for short term specialty projects.  The government of your home country must act as your sponsor and you will need to provide proof that you have funds to support yourself.  This visa is good for a period of two years, and dependants or spouses are not permitted to accompany you.

This is just a basic description of each of the main five tiers to the new points-based visa system.  Each main tier also contains sub tiers that carry their own specific application details and requirements.  If you are uncertain as to which tier your application falls under, it is always wise to seek the advice of a respected and professional immigration lawyer in the UK.  There are also many government web sites and offices that can provide visa details, application procedures and the answers to many of the frequently asked questions regarding UK Immigration today.

If you liked this article, tell all your friends about it. They’ll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don’t forget to mention www.ukmigrationlawyers.co.uk as the original source).

Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.

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