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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.
- 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
- 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
- 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.
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:
- Representatives of
overseas newspapers, news agencies and broadcasting organizations
- Ministers of religion,
missionaries and members of religious orders
- Writers, composers and
artists
- Private servants in
diplomatic households, and
- 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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Immigration
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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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:
- Minimum investment GBP
200,000 which will be imported into UK and invested in a business
- A business plan
demonstrating that the investment is necessary
- Create employment for
at least two persons who are already lawfully settled in UK
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.
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.
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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