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  • Extension of the Workers Registration Scheme (WRS) finally ruled unlawful

    The decision to extend the WRS requirement for A8 nationals from 1 May 2009 to 30 April 2011 had previously been ruled unlawful, however, the Home Office appealed this ruling. The Supreme Court finally decided the Secretary of State for Work and Pensions v Gubeladze case on 19 June 2019, where the appeal was dismissed and the extension is now officially unlawful.

    This decision can have several implications for nationals of A8 countries who worked in the UK during the extension period,...
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  • Supreme Court rules WRS extension unlawful

    The case of Secretary of State for Work and Pensions v Gubeladze was finally ruled on by the Supreme Court on 19 June 2019, after the Home Office had appealed the ruling by the Court of Appeal that ruled the extension of the WRS (Worker Registration Scheme) from 2009 till 2011, was unlawful.

    This case only affects nationals of the A8 countries that joined the EU in 2004:
    • Czech Republic
    • Estonia
    • Hungary
    • Latvia
    • Lithuania
    • Poland
    • Slovakia
    • Slovenia
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  • Applying for a child's first British passport when parents have settled status

    A child born in the UK to a parent who was granted Indefinite Leave to Remain (ILR) before the child was born is British from birth and parents can apply directly for a British passport for the child.

    Some people who were granted ILR under the EU Settlement Scheme may have already been settled, this would be the case if they had acquired PR status under EU law, by exercising treaty rights for a continuous 5 year period years (such as by being a worker or a self-employed...
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  • Referees for children - MN1 registration

    The requirements for referees for children to be registered are as follows:

    Each referee should know the child personally.
    One referee should be a professional who has engaged with the child in a professional capacity, such as a teacher, health visitor, social worker or minister of religion.
    The other referee must normally be the holder of a British citizen passport and either a professional person or over the age of 25.

    What happens if...
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  • Allowed absences and discretion

    The usual absence allowances are:
    • Up to 90 days in the last 12 months; and either
    • Up to 270 days in the last 3 years if you are married to a British citizen at the time of your application; or
    • Up to 450 days in the last 5 years if you are not married to a British citizen.
    The Home Office has discretion to waive excess absences in individual cases, for example, as a result of your work.

    The individual circumstances of each case will be looked at, includin...
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  • Children and their rights to British citizenship

    Many children are growing up in the UK, including many who were born in the UK, either unaware that they are not currently regarded as British citizens, or that they have rights to British citizenship. They include many children in care. It is vital that children, their parents and carers, including local authorities, understand these rights and are able to ensure children secure these rights.

    Information leaflets published by the Project for the Registration of...
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  • Changing the PR acquired date

    Changing the PR acquired date

    It may be possible to get the Home Office to change the date they deemed you to have acquired PR status if you write to them stating why you think you should have an earlier date.

    The dates are particularly important if you have children born in the UK before the date written in the letter sent by the Home Office.

    If you don't know the date when you acquired PR status, see How to find the date when you acquired PR status.

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  • Children of British parents - Forms UKF and UKM

    Form UKF

    Form UKF is used for children born before 1 July 2006 to British fathers and whose parents were, and continue to be, unmarried. If the parents got married after the child’s birth, the child should now be able to apply for a passport​ directly without having to register.

    Form UKF guidance

    Online UKF application form

    Form UKM

    Form UKM is used for people born before 1983 to British mothers.

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  • Registration of UK born children as British - forms MN1 and T

    Children born when neither parent had acquired PR status or been granted ILR before they were born will have to be registered to be British. After registration, they can apply for a British passport.

    Children born in the UK who were not born British will need to have settled or pre-settled status to continue living in the UK after the end of June 2021.

    You need to make an application under the EUSS for each child who is not a British citizen by the...
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  • British passport applications for UK born children

    If a child is born in the UK after at least one parent has acquired PR status, ILR or Settled Status, then they would be automatically British and all you need to do is apply for a British passport. You will need to send supporting documents, see the government documents below for full details:

    Treaty Rights Guidance

    Treaty Rights Policy

    If you fill in the online passport application, the counter signatory will be sent an email...
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  • Children born in the UK to a British parent

    Children are automatically British citizens if they were born in the UK after 1 January 1983 and one of their parents was a British citizen or settled here at that time, even if the other parent wasn’t. They don’t need to register, the can go ahead and apply for a British passport.
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  • Registration of children born abroad as British citizens

    Unlike children born in the UK, the fact that a parent later acquires PR or citizenship doesn't allow them to be deemed British from birth and they have no entitlement to register as British in the same way children born in the UK may be able to do.

    This document provides guidance on the registration of children under 18:

    MN1 Guidance

    On page 13, it says the following:

    Although the requirement to have held PR...
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  • Children of Irish nationals

    Irish nationals are considered as settled in the UK immediately on taking up residence.

    Unlike other EU nationals, they don't need to have a minimum period of residence, nor be exercising treaty rights. Therefore, UK born children of Irish citizens were born to a settled parent and are already British.

    If a child was born in the UK before 1 July 2006 and the parents were not married, it is advisable to get legal advice.
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  • Children of British citizens by naturalisation

    If the British parent became naturalised after the child was born, the child is not automatically British, however, they may still be British if either parent had PR status or ILR at the time of the birth, provided the child was born in the UK.
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  • UK citizenship for UK born children of EEA parents

    All persons born in the UK before January 1st 1983 are British from birth. A change in the law with effect from that date means different rules apply to people born after that depending on date of birth and parents' status at the time of birth.

    UK born children who are automatically British from birth

    Children born in the UK before 2 October 2000

    In this case, at least one EU citizen parent must be able to show that they were exercising EU Treaty Rights...
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