IAS Webinar January 2021: Immigration Rule Changes

Naturalisation is the legal process by which a person becomes a national of another country, such as the United Kingdom. Once you become a British national, you will gain the same rights as anyone born in the UK. This includes living and working freely in this country and applying for a British passport.

British naturalization requirements

To be eligible for British naturalization, you must meet the following requirements:

• Be at least 18 years old
• Have spent at least 5 years of continuous residence in the UK
• Be a settled person (meaning that you must hold Indefinite Leave to Remain)
• Meet the B1 CEFR level English language requirements
• Pass the Life in the UK Test, to demonstrate your knowledge of British customs, traditions and culture
• Not have been in breach of any UK immigration rules.

The criteria may vary based on your personal background.

At present, the process of applying for British citizenship remains open to all eligible individuals.

This means that applicants can still complete and submit their requests to the Home Office.

Successful applicants have now six months to book their British citizenship ceremony, as opposed to the typical three-month period. This ceremony is essential, as it is the last step to legally complete your application and it validates your new acquired status as a British national.

Currently, the Home Office is considering granting British Citizenship for migrant NHS workers.

To discuss your options with one of IAS’ OISC-accredited immigration lawyers, you can contact our care team today and book your first advice session with your dedicated adviser.

The Home Office initially allowed non-EEA nationals who were in the UK during the pandemic and who had overstayed, to obtain an extension of stay until 31^st May 2020. However, the Home Office has confirmed that the concession on short-term stays in the UK to Covid-19 came to an end on 21^st July 2020. At the moment, it is no longer possible for a person to make an application to extend their stay from inside the UK using this concession.

If your leave to remain in the UK expires between 24^th January 2020 and 31^st August 2020, and if you cannot live the UK or switch into another visa category, you will be given a grace period and be allowed to remain in the UK until 31^st August 2020. If you cannot leave by this day, you can apply for an exceptional indemnity.

Those who are in the UK and are eligible to switch into another immigration category can make their application in the usual manner.

Those who would ordinarily have had to leave the UK to submit their forms overseas because of the rules of their immigration route can benefit from a temporary concession by submitting their application from inside the UK.

Reuse of fingerprints

The UKVCAS service was suspended in full on 27^th March 2020, but centres started to reopen on 1^st June 2020.

UKVI announced that, for some applicants, it may be able to reuse fingerprints previously provided.

Meanwhile, the Home Office is finalizing a new app – “IDV app”, and eligible applicants should receive further communication from UKVCAS.

Overseas applications

It is still possible to submit an online UK Visa application, as several visa application centres overseas have now reopened.

If your 30-day visa has expired

If your application made from overseas is successful, you will get a visa which allows you to enter the UK within a 30-day window.

However, if this timeframe expires before you can travel to the UK, you will have to wait until the end of 2020 to request a free replacement, which will be valid for 90 days.