Gherson - Nationality

Paths to citizenship - the new draft Immigration and Citizenship Bill

Gherson — Tue, 15 Jul 2008 00:00:00 -0700

The government yesterday published a draft version of its immigration and citizenship Bill. Back in February we reported the government’s Green Paper Path to Citizenship. The consultation period announced then closed at the end of May. The Bill’s consultation period now begins. If the timetable announced in February is met the Bill will commence its passage through parliament at the end of this year.

Permanent residence - EU Parliament admits petition challenging EEA Regs

Gherson — Thu, 5 Jun 2008 00:00:00 -0700

The European Parliament’s Commission on Petitions has decided that a petition questioning the correctness of the United Kingdom’s “transposition” of Article 16 of Directive 2004/38/EC (the “Citizens’ Directive) is admissible. Article 16 of the Citizens’ Directive gives nationals of the European Union the right to reside permanently in member states in which they have resided for five years. “EEA nationals” (nationals of the European Economic Area) are citizens of the European Union as well as nationals of Norway, Iceland, Liechtenstein and Switzerland.

Green Paper : citizenship changes - all existing immigration laws to go

Gherson — Wed, 27 Feb 2008 00:00:00 -0800

The government has this month issued a new green paper setting out further major changes to the United Kingdom’s system of immigration. The changes will be set out in a draft bill in the summer. This will be followed in November of this year by a single piece of legislation which, according to the Border and Immigration Agency will “replace all existing immigration laws”. The proposals are apparently the consequence of several months of public listening sessions carried out by the Central Office for Information. In December of last year the Immigration Minister Liam Byrne was quoted as stating that (happily) this consultation programme had revealed that the UK was not a nation of “Alf Garnetts”.

Gherson success in dual national refugee case

Gherson — Fri, 8 Feb 2008 05:09:55 -0800

In a determination demonstrating the Immigration Judge’s inspired interpretation of international refugee law a client of Gherson has succeeded in his appeal against the Secretary of State’s refusal to vary his leave to remain to that of a refugee.

New AIT Case on Five Year Residence Requirement for Accession State Nationals

Gherson and Co — Fri, 10 Aug 2007 00:00:00 -0700

EU law has become a valuable instrument for EEA (European Economic Area) nationals and their non-EEA family members when exercising their rights to live, work and settle in the UK. However, the transposition of EU law into UK domestic law by the Immigration (EEA) Regulations 2006 has also caused confusion and concerns.

Proposals for Radical Simplification of UK Immigration Law

Gherson and Co — Fri, 13 Jul 2007 00:00:00 -0700

The UK Home Office is consulting on proposals radically to ‘simply’ UK immigration law. The consultation paper includes a discussion of the Points-Based system being introduced for those coming to work or undertake economic activity in the UK.

British Citizenship Ceremonies: oath and pledge in Welsh

Gherson and Co — Wed, 20 Jun 2007 00:00:00 -0700

Citizenship ceremonies have been an integral part of the process of naturalising as a British Citizen since January 2004 when it was decided that private affirmations of allegiance to the British Crown (the Queen) were not celebratory enough to mark such a momentous occasion. It was felt that public ceremonies were a much more fitting way of marking a person’s welcome into British society. Until 1 June 2007, these ceremonies were conducted in English. Now, however, it is possible to make the oath or affirmation and pledge in Welsh if you naturalise or register in Wales. The wording of the affirmation or oath and pledge in Welsh are as follows:

Earning British Citizenship?

Gherson and Co — Fri, 8 Jun 2007 00:00:00 -0700

Two UK government ministers have suggested that immigrants could have the chance to "earn" British citizenship under a points-based system. This comes just four months after the British Chancellor and future Prime Minister, Rt Hon Gordon Brown MP, suggested on 27 February 2007 that immigrants should do community work to help them settle before being granted British citizenship. Mr Brown was reported as saying:

Diego Garcia: Court of Appeal finds abuse of power

Gherson and Co — Tue, 29 May 2007 00:00:00 -0700

On 24 May 2007 the UK Court of Appeal upheld a decision that two Orders made by the UK government about the British Indian Ocean Territory, the Chagos Islands, which include the island of Diego Garcia, constituted an ‘abuse of power’.

Life in the UK test: costs expected to rise

Gherson and Co — Thu, 24 May 2007 00:00:00 -0700

It is a requirement of UK immigration and nationality law that those wishing to naturalise as British Citizens or to settle (get Indefinite Leave to Remain, ILR) in the UK must demonstrate a knowledge of life and language in the UK. There are two ways in which this can be done. One is to take the official ‘Life in the UK’ test, the other is to complete a recognised and accredited course in English as a Second Language (ESOL) with citizenship as part of its curriculum.