Gherson team continues to provide advice and recommendations in response to enquiries concerning UK Immigration, Nationality, Human Rights Law (amongst others).
Please see below a compilation of some of the recent enquiries we have received and our answers to them.
Getting British Citizenship for a Child – Gherson Answers
Children born in the UK
Question: Our child was born in the UK but neither my husband, nor I are British nationals. Is our child still eligible for British citizenship?
Answer: A child born in the UK may be eligible for registration as a British citizen where after their birth, one of their parents becomes settled in the UK or obtains British citizenship. The registration application would need to be submitted prior to the child’s 18th birthday.
Children born outside the UK
Question: My husband is a British citizen but we live outside the UK, and our children were born outside the UK after my husband acquired his British citizenship. Can my children apply for British passports?
Answer: Your children’s eligibility for British citizenship will depend on how your husband obtained his British citizenship. If your husband naturalised as a British citizen, he is considered to be a British citizen otherwise than by descent. Any child born outside the UK to a parent who is a British citizen otherwise than by descent will be a British citizen by descent.
In order to make an application to the HM Passport Office for a first child British passport, you will need to provide sufficient evidence of:
- the child’s entitlement to British citizenship;
- the child and parent’s residence abroad;
- the child’s identity; and
- the child’s relationship to the British parent.
This may include the child’s school records, birth records, antenatal records, photographs and evidence of the parent’s British citizenship. Please note that the Passport Office will require substantial evidence to prove the relationship between the father and the child. You will also need a counter signatory who is able to confirm your identity (or the identity of your child if aged 16 or over) as part of their passport applications.
Travelling abroad and Coronavirus restrictions: What is allowed and what is not?
Question: I have to attend to an urgent family matter back in my home country. Can I travel from the UK and come back in a couple of weeks?
Answer: In light of COVID-19 restrictions, you are presently only able to leave the UK from England and travel overseas if you have a reasonable excuse. You are required to complete a mandatory ‘Declaration to Travel’ form prior to leaving the UK which states your reason(s) for overseas travel. Government guidance currently lists the following as possible permissible reasons for overseas travel:
- Travel for business or work purpose where it is not reasonably possible to complete that work within the UK;
- Travel to fulfil legal obligations;
- Travel to carry out activities related to buying, selling, letting or renting a residential property;
- Travel for academic studies or professional qualifications where physical presence outside the UK is reasonably necessary or where activities must be completed overseas;
- Travel for accessing reasonably necessary medical treatment or to accompany someone to such a medical appointment where you are a member of their household, close family member or friend;
- Travel to access maternity services, or to be with someone who is giving birth if the mother has requested you;
- Travel to attend your wedding or civil partnership or a close family member’s wedding or civil partnership;
- Travel to attend a funeral; and/or
- Travel to leave the UK where you hold a temporary visa which is expiring.
The latest information and full list of permissible reasons for overseas travel is available here.
Relocating to the UK on an Investor Visa (Tier 1)
Question: I would like to relocate to the UK as an investor. What are the requirements?
Answer: The UK Tier 1 (Investor) scheme allows high net worth individuals to relocate to the UK providing they have a minimum of £2 million (or equivalent in foreign currency) available to them for investment in qualifying UK investments, as designated by the Home Office.
You are required to show that you hold a minimum of £2 million in your name that is available to invest in the UK. You must further demonstrate that you have opened an investment account with a UK regulated banking institution prior to the submission of your initial Tier 1 Investor application.
This visa route may enable you to eventually apply for Indefinite Leave to Remain, but the length of time that you must spend in the UK before being able to apply for settlement depends on the level of your investment. Investment of a minimum of £2 million may lead to settlement after 5 years, investment of a minimum of £5 million may lead to settlement after 3 years and investment of a minimum of £10 million may lead to settlement after 2 years. If you do wish to settle, you are not permitted to be absent from the UK for more than 180 days in any 12 months during your qualifying period. You may apply for naturalisation as a British citizen having held Indefinite Leave to Remain for 12 months. There are separate residence requirements for citizenship applications.
Gherson has extensive experience in all aspects of UK immigration law and all the available visa routes. If you have any specific questions regarding relocation to the UK or you would like to talk to us about your specific circumstances, please do not hesitate to contact us. Alternatively, follow us on Twitter to stay up-to-date
The information in these blogs is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss, which may arise from accessing, or reliance on information contained in these blogs. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021