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Immigration to UK

Acquisition of British citizenship
Occupation-specific Visa Categories
Work permit Visa category
Business Status
Sole Representative Status
Investor Status
Position of Dependents

 

Acquisition of British citizenship

The British Nationality Act 1981 is the governing statute. In addition to providing for people who were citizen of UK and colonies (CUKC) on December 31, 1982 automatically to become British citizens, British Dependent Territories Citizens (BDTC) or British Overseas Citizens (BOC) on January 1, 1983. The act also includes provisions enabling British citizenship to be acquired after January 1, 1983 by birth, descent and grant.

  1. By Birth: Anyone born in the UK under the 1981 Act is a British citizen if at the time of birth either parent of that child is British citizen or settled in UK
  2. By descent: The general rule is that a person born abroad becomes a British citizen by descent if at the time of birth either parent is a British citizen otherwise than by descent
  3. By registration or Naturalization: Naturalization is the most commonly used process and it is reserved for adults. Registration is used in wide variety of special circumstances and most importantly is the normal form of grant in respect of minors (person under 18). The hallmark of naturalization is that it is wholly discretionary whereas many forms of registration are by entitlement. As far as the registration of minors is concerned, the British Nationality act 1981 simply provides that the Secretary of state has the discretion to register any minor as British if he thinks fit. It therefore remains for Secretary of State to decide how to exercise that discretion. However, as far as naturalization is concerned, the statute gives a lot of detail, generally providing that there are a number of requirements that must e satisfied and once they are satisfied the Secretary of State may then decide whether it would be appropriate to naturalize the individual. The naturalization requirements re reduced in respect of applicants who at the time of application have a British citizen’s spouse. The full catalogue of requirements, however, can be grouped into four categories: residence, intention, language, and good character.
Occupation-specific Visa Categories

There are number of categories of UK immigration law which are aimed at enabling persons with specific occupational qualification to enter he UK to practice the occupation. The person accommodated by these categories include following:

  1. Representatives of overseas newspapers, news agencies and broadcasting organizations
  2. Ministers of religion, missionaries and members of religious orders
  3. Writers, composers and artists
  4. Private servants in diplomatic households, and
  5. Overseas government employees

The Home Office (HO) regulates these categories and where eligible the individual is granted an immigration status by the immigration authorities which enables him or her to practice that occupation for a period of up to four years. The Overseas Labor Service (OLS) which is responsible for issuing work permits has no involvement whatsoever. It follows, therefore, that they are work-permit free categories.

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Work permit Visa category

OLS rather than HO administer this category. The task of the OLS is, therefore, perceived to be the providing of a service to UK employers who are unable to find within the UK or the rest of European Economic Area, the staff they require. The fundamental character of this category is that there must be a UK employer who is willing to apply for a work permit to recruit an employee who is subject to UK immigration control. The work permit scheme does not extend to all types of employment. It is restricted to what might be referred to as professional, executive or highly skilled posts and therefore excludes unskilled and semi-skilled employment.

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Business Status

The essential concept of business status is that it is for individual coming to UK to set up in self-employment as a business person. The business may take the form of a limited company, a partnership, or a sole tradership, and the individual may be settling up an entirely new business, joining an existing business or taking over an existing business.

Some of the important general requirements for this type of visa application are:

  1. Minimum investment GBP 200,000 which will be imported into UK and invested in a business
  2. A business plan demonstrating that the investment is necessary
  3. Create employment for at least two persons who are already lawfully settled in UK
Sole Representative Status

This visa is sponsored by an overseas company to establish registered branch or wholly owned subsidiary. A sole representative can only pursue work relating to the establishment of the business in question. That which will have been described in the original application and approved by the immigration authorities.

Investor Status

It requires n applicant to demonstrate that he/she owns at least one million pounds and is willing to commit three quarters (GBP 750,000) of that to a specific four year investment in UK and during the first year locate the remaining quarter (GBP 250,000) in UK in any form the investor chooses. This category provides that an investor does not need to be economically active at all. The investor can take any form of self-employment without he details of that self-employment having to be approved in any manner. The investor my simply take any self-employment whether short or long duration, at any time he/she pleases without specific approval being required.

Position of Dependents

During the approved staying period (usually four years and then upgraded to unlimited period) the principal may also be accompanied to or joined in UK by his/her spouse and unmarried children under 18 years of age. They are usually free to take any employment they wish and at the end of the four-year period will usually be included in the principal’s indefinite leave, even if any child is then over 18. Once indefinite leave has been granted, such a person then find it possible to be joined here by other family members, such as parents, grandparents, siblings and overage children (in exceptional circumstances). After having indefinite leave for 12 months, acquisition of British citizenship may be considered.

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