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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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Wednesday, December 30th, 2009 | Author: admin

So you just moved to the UK and are excited about your new life?  Sure you are!  Now all that’s left is for you to feel at home, and to achieve this you have to start meeting people around your area and learning what goes on around there.

Here we give you some ideas as to what to do to settle in fast and start calling the UK your home:

1.    Join the local library
Besides books, CDs, and videos, there you will find lots of information about societies, organizations, local groups, events, and classes, and you can join for free.

2.    Support local shops
If your area is small, it will have a few shops, and you should try to visit them regularly.  You will feel great when the local owners and shopkeepers start greeting you and calling you by your name.

3.    Visit the local pub
Having an occasional drink there offers you a great chance to meet people, since it is commonly the heart of the local activity.

4.    Get involved
Depending on your interests, join a club, a society or sports’ team; you will meet people with your same interests there.  If you are a foreigner, you should join an expat society. These offer lots of support; however, remember that the best way to make a new place your home is to mingle with the locals.

5.    Benefit from your children
Schools are great places to meet other parents.  There are also support groups for mums and babies that offer lots of help if you have no family close by.

6.    Get driving
You may find out that your car is more than a means of transportation… it can set you free!  Make sure you know everything there is to know about driving in the UK, especially if you are used to driving on the ‘wrong’ side of the road:

-    The minimum driving age is 17 years old

-    In the UK you must drive on the left side of the road

-    Be careful with speed limits… there are cameras

-    Never drink and drive, you could lose your license and go to jail

-    Seat belts are mandatory for everyone

-    Bikers and their passengers must wear helmets

-    The vehicle must have a license

-    The vehicle must be insured

-    The tax disc must be displayed

-    If it is older than three years, the vehicle has to have a MOT certificate

-    You can use EEC and EEA licenses in the UK.  Other types can be used for up to twelve months after the date of arrival in the UK, after that, you must take a driving test

Once you get all your affairs in order with the help of your UK immigration lawyers, it’s time to concentrate on starting your new life.  The best way to make a new place home is to absorb the culture and learn to enjoy it the way it is.  There will always be challenges, but you have the choice of seeing them as an annoyance or as a new opportunity to learn, grow, and feel at home anywhere you go.

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, December 29th, 2009 | Author: admin

If you are an EEA national currently living in the UK and wish your non-EEA national family members to come live with you, it is possible, but a bit more complicated than if they were EEA nationals.

Some non-EEA national family members have more rights than others, for example:

-    Spouses
-    Civil partners
-    Children, grandchildren and great grandchildren up to 21 years of age (or over this age if they are dependent), of the EEA national, his or her spouse, or civil partner
-    Dependant parents, grandparents and great-grandparents of the EEA national or his or her spouse or civil partner

These family members can visit you in the UK, however, whether they are visa nationals or not, they will have to get an EEA family permit before travelling, if they are going to live in the country.  If they don’t get this permit, the immigration officer will probably deny them entry.  In any case, immigration officials can’t reject your family members without giving them the chance to get the right documents and prove that they have the right to be there.  If this happens to any member of your family, request professional advice.

These family members have the right to get a job or work independently in the UK.

It gets a little more complex for distant family members or couples that live together but are not married or in a civil union.  There are special rules for ‘extended family members’ who want to go live in the UK, thus, you will definitely need to be advised by an UK immigration lawyer on the right procedure to make this happen.

If you are a student, everything changes.  Students have the right to be with their spouse or civil partner, and children under 21 or dependant.  Any other family member is not allowed to live in the UK; however, they can have a smooth entry and residence process.

Among the family members that can enjoy this treatment are:

-    Parents, yours and your spouse or civil partner’s
-    Grandparents, yours and your spouse or civil partner’s
-    Distant relatives that have been a part of your family for a long time or are dependent on you or your spouse or civil partner
-    A partner with whom you have a solid relationship even if you are not married or united in a civil way

You have to be very careful, because family members can lose their rights given several situations, for example, if you leave the country for good, or if you get a divorce and the partnership didn’t last at least three years.  Children have the right to stay in school even after the parents leave, so divorced spouses have the right to stay in the country if they are the children’s main caretaker or if they have a court order allowing them to stay in contact with the kids.  Again, this is serious matter, so get proper advice.

Non-EEA national family members have to apply for a Residence Card to prove that they can stay in the UK with you, and they can only get one if you are entitled to a Registration Certificate, thus, you are advised to obtain one.

It may sound very complicated, but your UK immigration lawyer can give you loads of support when going through this process in order to ensure you get to enjoy your life in the UK with your family sooner than later.

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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Monday, December 28th, 2009 | Author: admin

If you are an EEA citizen living in the UK, you can bring your family to live with you.

EEA nationals can stay in the UK for up to three months without a specific reason.  If they want to stay longer, they have to be working (it could be a mix of work and study), have a business or be self-employed, or be studying after having already worked there.

If an EEA citizen is looking for a job, is studying without any previous work experience, or simply wants to live in the UK, he can stay only if he can support himself without any help from public funds, which include benefits such as income support, housing, and council tax benefits.

To work in the UK, EEA nationals do not need a work permit.  They can work for a company, open their own business, or work independently, either part time or full time schedules.

EEA citizens living in the UK pay the same tax and have the same welfare benefits as UK nationals who are doing a similar job.  If an EEA national loses his job after working at least a year, he can keep his worker status if he is registered with the Jobcentre Plus.  If he has been employed for less than a year and he is fired, the EEA citizen can keep his worker status for over six months if he has good possibilities of finding another job and is still listed as a work seeker.

If an EEA national has to stop working due to sickness, he can still live in the UK unless going back to work is not a possibility.  In this case, he should register with the local Jobcentre Plus to protect his rights, because job, pay, or working conditions discrimination due to nationality, is a crime.

One of the main reasons why EEA citizens move to the UK is because of study.  There are three types of students:

-    Independent students
The person can live in the UK until he finishes his studies, but he must support himself.  If the student loses his capacity to look after himself at some point, he may be able to keep his student status and ask for some benefits, or apply for a student loan.

-    Worker students
These are people who have worked in the UK prior to becoming students.  In this case, the students are still considered workers, thus, they maintain their rights to claim benefits.

-    Children of EEA citizen workers
The children of workers who are EEA citizens can study in the UK even if they are not EEA nationals.  They can remain in the UK to continue studying even after their parents leave.

Every person should review his or her specific case with the appropriate UK immigration lawyers to ensure he or she is aware of family members’ responsibilities as well as rights.  Living in the UK can be an amazing and promising experience for the whole EEA national’s family; it can easily be the place they will soon call home, not just because you are there but also because the country is full of attractive possibilities.

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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