Featured Articles

Recent Changes in Nationality/Policy Instructions Following the Civil Partnership Act 2004

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The introduction of the Civil Partnership Act 2004, which came into force on 5 December 2005, has created some changes to the British Nationality Act 1981. Civil partners will now enjoy the same rights as married couples when applying for naturalisation as a British citizen.

Primarily, the changes enable the civil partner of a British citizen to apply for British citizenship following three years? residence in the United Kingdom, under section 6(2) of the British Nationality Act 1981. The civil partner must have indefinite leave to remain in the United Kingdom at the time of making the application, while satisfying various other requirements.

British Citizenship - New Tests of Knowledge of Life in the United Kingdom introduced on 1 November 2005

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With effect from 1 November 2005 all applicants (aged 18 or over) for naturalisation as a British citizen must evidence knowledge of the English language and life in the United Kingdom. This requirement can be demonstrated in either one of two ways: passing the new ESOL citizenship classes OR passing the new Life in the UK test.

ARE YOU A MUSICIAN WISHING TO WORK IN THE UK?

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Article by Julie-sue Fransman as published in FIVE EIGHT, Monthly Music Business Insight, October 2005. Every year a significant number of foreign nationals from outside of the European Union wish to enter the UK for purposes of live work in the music industry.

* The UK market is the third biggest music market globally, accounting for 10% of all records sold in 2004.

* In terms of sales, the UK market is heavily tilted towards UK and US acts.

* In 2004, 85.1% of all singles sold in the UK were by UK and US acts.

* In 2004, 84.1% of all albums sold in the UK were by UK and US acts.

IRIS RECOGNITION IMMIGRATION SYSTEMS (IRIS)

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IRIS was introduced by the Government as part of their e-borders programme. The e-borders programme is designed to complement and enhance the current UK counter terrorism strategy. Pilot IRIS operational barriers are situated at Heathrow terminals 2 and 4.

What is IRIS?

The IRIS scheme is aimed at foreign nationals who are permanently or temporarily resident in the UK and who travel frequently in and out of the UK, however, it is also open to British citizens and others.

IRIS works by taking a picture of your unique iris pattern, which is then stored in a database. Once the picture is stored you should be able to pass through immigration control on arrival in the UK by using automated barriers. Passengers will still be required to carry their passports but will not usually be required to show them at the barriers. It is also important to remember that your passport will not be stamped as you enter the UK and accordingly if you have not yet obtained indefinite leave to remain or been naturalised as a British Citizen it is important to keep accurate records of your travel in and out of the UK.

Rights of Access to a Child Resident in the UK

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The United Kingdom Immigration Rules make provision for persons to be granted leave to enter or remain in the United Kingdom to exercise access rights to their child, resident in the UK.

The United Kingdom immigration authorities implemented a provision for Leave to Enter the United Kingdom on the basis of access rights to a child, following the European Commission for Human Rights case of Hanna Yousef Abdulla. Mr Abdulla had been refused Leave to Enter the United Kingdom following the breakdown of his marriage to a British citizen and as a result was unable to exercise rights of access to his child who was resident in the United Kingdom. At this time there was no provision in the rules for the admission of divorced or legally separated parents to exercise access rights to their children and therefore Mr Abdulla had no effective legal redress or right of appeal against the United Kingdom immigration authorities preventing him from exercising his access rights. The United Kingdom was found to be in breach of Article 13 of the European Convention on Human Rights. Following this case the United Kingdom immigration authorities implemented Paragraphs 246 to 248 of the Immigration Rules. These rules made provision for a person to be granted Entry Clearance to the United Kingdom in order to exercise their access rights a child who is resident in the United Kingdom.

Fee Increase Workers Registration Scheme

It has been announced by the government that due to a number of applicants under the Workers Registration Scheme in order to meet their increasing costs, the application fee will be increased from £50.00 to £70.00 as of 1 October 2005.

SWITCHING INTO THE INVESTOR CATEGORY

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If you are currently in the UK and would like to switch into the Investor category it is important to note that nationals from non EEA countries may only apply to switch into the Investor category without leaving the UK providing they have existing leave as:

UK Nationality and Citizenship Ceremonies

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The first UK citizenship ceremony has now taken place, and new classes in English and citizenship are to be piloted over the coming year as part of the Government's citizenship reforms.
It is recognised that becoming a citizen should be considered as a major life changing event for those who undertake it. Therefore, the Government's reforms are intended to make the process of becoming a citizenship more meaningful and celebratory and prepare new citizens for life in the United Kingdom.
The new requirements include:

* A new and meaningful citizenship pledge;
* Language skills and knowledge about British society, which are a requirement of citizenship;

STUDENTS MUST ENSURE THAT THEY ARE ENROLLED AT A COLLEGE OR SCHOOL WHICH IS REGISTERED IN THE DEPARTMENT FOR EDUCATION AND SKILLS REGISTER OF EDUCATION PROVIDERS AND TRAINING PROVIDERS

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As of 1st January 2005 the Immigration Rules for students changed to reflect the introduction of a Department for Education and Skills Register of Education Providers:

Applicants are now required to apply for study at an institution registered with the DfES.

Student applications should normally fall to be refused if the institution to which they apply is not on the DfES Register.

Students in the UK should immediately check if their educational establishment is registered.

Students intending to apply to enter the UK to commence a course of study should similarly check if the educational institution they wish to attend is registered.

GOVERNMENT ANNOUNCES NEW FIVE YEAR STRATEGY ON IMMIGRATION AND ASYLUM

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On 7 February 2005 the government announced its new five-year strategy on immigration and migration entitled ?Controlling our borders: making migration work for Britain'. The key points of the plan are set out below:

On migration

A points system for those coming in to work or study that will consist of four new tiers: highly skilled, skilled, low skilled and student/specialist.

Financial bonds for specific categories where there has been evidence of abuse, to guarantee that migrants return home.

An end to chain migration - no immediate or automatic right for relatives to bring in more relatives.