How do I get a British passport after obtaining Indefinite Leave to Remain?

Majority of the new immigrants will choose to apply for naturalisation after obtaining permanent residency status, and they can become British citizens only after the naturalisation application is approved. In this article, we will introduce to you some things you need to pay attention to when applying for a British passport after your naturalisation application is successful.

After your naturalisation application is approved, you need to attend the Citizenship Ceremony before you can apply for your first British passport. Only applicants who are over 18 years old or 18 during the application process need to participate in the naturalisation ceremony. Minor applicants will be directly awarded a Certificate of Registration, so they do not need to participate in the naturalisation ceremony. We will introduce you the process and precautions of naturalisation application in detail later.

Many people have a misunderstanding about holding a British passport, believing that it is a document that grants the naturalisation applicant the right to British nationality, but in fact the right to British nationality is granted by the Certificate of Naturalisation issued at the Naturalisation ceremony. A British passport is mainly an important identity document presented when British citizens travel in and out of the country or need to prove their identity.

All citizens who have obtained British nationality can apply for a British passport. The validity period of an adult passport is 10 years, and the validity period of a child passport is 5 years. It should be noted that if the passport applicant is 16 years old or will be 16 years old within 3 weeks, then the applicant should apply for an adult passport instead of a child passport.

Passport applicants can complete the application online or fill out the form and post the application. The online application fee is £75.50, and the postal application fee is £85. Currently, the processing time for online adult passport application is 7 weeks, and for child passport application is 6 weeks. Whilst the processing time for postal applications will be longer. Therefore, we will mainly explain to you the process of an online application.

The documents required to apply for the first British passport online are:

• Passport-sized electronic photo;
• Naturalisation certificate or registration certificate;
• Foreign passport used before becoming a British citizen.

At the same time, the passport applicant also needs to provide a countersignatory. The staff of the HM Passport Office will contact the countersignatory via email to confirm the identity of the passport applicant. Countersignatory must meet the following requirements:

• At least 18 years old;
• Currently living in the UK;
• Hold a British passport;
• Know the passport applicant for at least 2 years (if the passport applicant is a minor child, the witness needs to know the guardian of the minor child for at least 2 years);
• Work in or be retired from a “recognised profession” such as teacher, doctors, lawyers, accountants and other professional workers. (The list of acceptable professions can be found on the official website of the UK government).

After completing the online application, the passport applicant needs to post the documents specified in the confirmation email to the designated address. After the application is approved, the new passport and the previously posted documents will be sent back separately.

In addition to the application process that must be completed above, applicants for the first British passport may also be required to attend an identity confirmation interview. Generally speaking, only minor applicants who have reached the age of 16 or will be 16 years old during the passport application period will be notified of the interview. Adult applicants over 18 years of age and child passport applicants will not be required to attend.

The purpose of the interview is to help the HM Passport Office confirm the identity of the applicant and confirm that the passport application is actually initiated by the applicant, this reduces the number of cases of identity fraud.

The UK passport interview will last approximately 20-30 minutes. During this period, the applicant may be asked the following questions:

• Applicant's full name and spelling of the name
• The full names of the applicant's parents and their current occupation
• Applicant's current residence address in the UK and the previous address outside the UK
• The name and address of the applicant’s school and the name of their teacher
• The full name of the applicant’s closest friend in the UK

All in all, the interview questions will relate to the applicant. Answering interview questions confidently will help the interviewer make judgments and issue the passport.

If you have any further questions about the passport application process and passport interview or need help, please contact our immigration team.

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How different interpretation of the Immigration Rules can alter the outcome of a visa application?

In this complex body of law, it is hard not only to find the relevant rules and policy guidance but also to correctly interpret the relevant provisions of the Rules. In recent years the Home Office has vowed to simplify the Rules, make them more accessible and easier to understand. Sadly, it remains challenging for an ordinary person who does not practise immigration on a day-to-day basis to navigate the Rules.

In practice, issues often arise when applicants’ interpretation of the Rules does not align with that of the Home Office, resulting in refusals with a right to administrative review or appeal as the only remedy.

In this article, we would like to focus on the interpretation of ‘existing limited leave to enter or remain upon their departure and return’ as stated in the definition of ‘continuous residence’ in relation to indefinite leave to remain applications on the grounds of Long Residence (10 years route).

Findings
The Immigration Rules for this visa route were first laid before the House of Commons on 31 March 2003 (Statement of Changes HC 538). Since then, the wording of paragraph 276A(a) has remained unchanged. ‘Continuous residence’ in the Immigration Rules is defined as:
‘residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return…’

In its ordinary meaning, the phrase ‘existing limited leave to enter or remain upon their departure and return’ should mean existing visa upon departure from the UK and upon arrival to the UK. However, it has come to our knowledge that in the past the Home Office expected that applicants had existing visas upon departure from the UK and upon arrival to the UK under the same visa category.

We would like to address the two following successful appeals in which the applicants challenged the Home Office and their own interpretation of ‘existing limited leave to enter or remain upon their departure and return’.

TT v The Secretary of State for the Home Department
In 2008, in the case of TT v The Secretary of State for the Home Department [2008] UKAIT 00038, the appellant appealed against the Home Office’s decision to refuse her indefinite leave to remain application on the grounds of long residence in the UK, namely due to ‘breaks in continuous residence.
Throughout the concerned 10-year qualifying period, on two occasions the appellant left the UK with leave to remain, which expired whilst she was out of the country, and she obtained valid leave to enter prior to returning to the UK. The Home Office argued that because she had not returned on those two occasions with the same leave which she had when she left the UK, there was a break in the continuous residence and, therefore, the appellant could not satisfy the requirements of the ten-year rule.
It was subsequently held by the Immigration Judge that, for the purposes of 276A-176D of HC 395, a period of continuous residence, as defined in paragraph 276A(a) is not broken in circumstances where a person with leave to remain in the UK obtains further leave from an Entry Clearance Officer while temporarily outside the UK prior to the expiry of the leave to remain. The tribunal was of the view that ‘if it had been thought to be sufficiently important to make that a requirement of the Rule, then we can see no reason why it would have been drafted in those terms’.

Sawehli v Secretary of State for the Home Department (IA/24415/2012)
In 2012, in the case of Sawehli v Secretary of State for the Home Department (Appeal Number: IA/24415/2012), the Upper Tribunal reaffirmed the judgment of TT and its interpretation of ‘continuous residence’. The issue in the appeal also concerned whether or not the appellant had acquired the necessary 10 years of continuous residence to qualify for indefinite leave to remain on the grounds of long residence. In the judgment, Upper Tribunal Judge Kopieczek reiterated the interpretation of the Rules in TT, stating that ‘paragraph 276A does not require a person to have the same leave when returning to the UK as the leave he had when he left.’

Conclusion
It is imperative to contest the Home Office in their own interpretation of the Rules. Challenging the Home Office's decision is not only a tactical ploy in order to preserve one’s immigration status. The successful appeal or administrative review can set a precedent as to how certain provisions of the Rules should be interpreted.
As a result of the abovementioned appeals, the interpretation of the phrase ‘existing limited leave to enter or remain upon their departure and return’ was re-instated to its original meaning.

If you believe that this issue concerns you and that you could be entitled to indefinite leave to remain based on historic 10 years’ continuous residence because of the unfair refusal, please do not hesitate to contact our Immigration team.

Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.

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What is the Seasonal Worker Pilot Scheme and how can this address the current shortages of workers in the UK?

After 2013, the Seasonal Agricultural Workers Scheme (SAWS) was closed as the government thought that the lower-skilled labour in the horticultural sector could be replaced by migrant workers through freedom of movement from the A8 countries. Six years and one Brexit referendum later, the UK government has announced the Seasonal Worker Pilot Scheme in 2019, which allows migrants to come to the UK to work in edible horticultural jobs temporarily. This article will give a brief overview of the current Seasonal Worker Pilot Scheme and how this has addressed the shortages of workers in the horticultural sector in the UK.

Seasonal Worker Pilot Scheme

The Seasonal Worker Pilot Scheme was first announced on 6 March 2019. This scheme allows workers to come to the UK to work on farms for up to six months within one calendar year. This scheme allows the pilot operators to recruit temporary migrant workers for specific roles in the horticulture sector. As a response to the success of the initial pilot for 2019 and 2020 and the growing demand of seasonal migrant workers in the edible horticultural and agricultural sector, the UK government announced that 30,000 seasonal worker visa will be made available in 2021, three times the amount compared to 2020. Following the end of EU Freedom of Movement, this scheme has also become available to EEA citizens.

Under the scheme, the Pilot Operator may not source labour for themselves, but only as a third-party provider, whereas in the pre-2013 Seasonal Agriculture Workers Scheme growers were licensed to recruit their own labour.

The Department for Environment, Food and Rural Affairs (Defra) has identified that approximately 50,000 workers are employed seasonally on UK farms. The government also voiced their concern that the sector should show ‘greater urgency in modernising its business practices through automation for labour substitution and the recruitment of domestic UK workers’.

However, most of the employers in these sectors have become reliant on temporary migrant workers over the years, and the response to Pick for Britain campaign has shown that the current supply of domestic UK workers is limited as an estate of only 5-11% of Britons have taken up the 70,000 harvesting roles in 2020. If anything, it has highlighted the demand for seasonal migrant workers. In the short term, the demand for migrant workers in the seasonal sectors such as edible horticultural still remains.

Seasonal Worker Visa Requirements

Seasonal Worker Visas applicants and sponsors are subject to validity, eligibility, financial and other requirements as set out by the Home Office in the Immigration Rules.

First, the applicant needs to meet requirements for entry clearance such as fees, biometrics, valid passport, as well as receiving a Certificate of Sponsorship (referred to as “CoS” hereinafter) from a sponsor (the Pilot Operator employer). The applicant needs to be aged over 18 and applications can be made as early as three months before the start date of the role.

Second, the CoS must have been issued by a sponsor which has an endorsement from Defra in relation to the seasonal worker route; is licensed by the Gangmasters and Labour Abuse Authority; and is listed as A-rated on the Home Office’s published register of licensed sponsors; and is still approved as a sponsor on the date on which the application is decided.

The job offer must not have been withdrawn since the CoS has been issued. The CoS must also not have been used in a previous application that was already decided, and must state the role is in the edible horticultural sector, which means those growing protected vegetables, field vegetables, soft fruit, top fruit, vines and bines, and mushrooms.

Third, on application a financial requirement has to be met by either the applicant or the sponsor. The applicant must show that they have held £1,270 for a 28-day period and as specified in Appendix Finance. Alternatively, the sponsor can certify that they will maintain and accommodate the applicant up to the end of the first month of employment up to at least the amount of £1,270.

Once the application has been approved, the applicant will be granted permission to work in the UK for either the period of the role on the CoS plus 14 days before and after, or a maximum of a 6 months stay in any 12-month period, whichever is shorter. The applicant will also have no access to public funds and the work is only permitted in the role the applicant is being sponsored for. The applicant is, however, permitted to study, subject to the ATAS condition.

Uptake of the Seasonal Worker Visa Pilot Scheme

According to the Managed Migration Datasets published by the Home Office, Since the introduction of the Pilot, the number of applications has increased year on year. The total number of applications made for this visa in the year of 2019 was 2,494. In 2020, despite the economic downturn and restrictions resulted from the coronavirus (COVID-19) pandemic, the number of applications made in Q2 2020 alone was more than the whole year of 2019, at 3,229. Following the extension of the pilot and the increasing of the cap to 30,000 at the end of December 2020, this combination has resulted in a huge increase in the number of applications of this visa. In Q1 2021, the number of applications were 4,035 and in Q2 2021 alone the figure skyrocketed to 12,375.

When looking at the countries of origin of the applications, Ukraine, in particular, has been the most responsive country to this scheme, with 20,504 applications having been made since the pilot has opened to Ukrainian nationals. In Q2 2021, 8760 applications were made. Following Ukraine, the countries with more than 1,000 applications are Russia, Georgia and Moldova, with 1,427, 1,239 and 1,064 applications having been made respectively since the launch of the scheme for these countries. In total, as of Q2 2021, nationals of 45 countries have submitted applications to the Pilot.

Most applications under this visa category were approved.  From the launch of the pilot scheme in Q1 2019, 26,182 visa applications have been made and 25,975 visas have been issued under this scheme by the end of Q2 2021.

The above data have shown the response to this pilot has been positive, and that the scheme has provided temporary relief of seasonal labour shortages in the UK edible horticultural sector. As the current extension of the pilot is still ongoing, we await the figures for Q3 and Q4 2021 to understand the full extent of the uptake and response of the current extended pilot, particularly from EEA citizens.

Conclusion

One of the objectives of the Extended Pilot is to determine whether the Pilot might provide a longer-term model for responding to seasonal labour shortages in this sector. From the dataset published by the Home Office in relation to this Pilot, it is evident that migrants are responding to this visa route as the number of applications have increased almost eightfold, when comparing first halves of 2019 and 2021.The Pilot has temporarily alleviated shortages in the horticulture sector, and has helped to gather information for the Home Office, Defra, and employers in the horticulture sector, to get a possible approach for seasonal labour in the future. The Scheme has also been used to bring poultry workers and HGV fuel tanker drivers to address the current shortages.

If you have any enquiries, please contact us.

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Update on the UK visa applicants and temporary UK residents under Covid 19

According to the latest regulation published on the government website on 28th Sept 2021, If you’re in the UK.

You are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK. You are allowed to access Visa and Immigration services as these are considered an essential public service. You must follow current COVID-19 rules for where you live, in England, Scotland, Wales and Northern Ireland.

If you intend to leave the UK to return to a country or territory currently listed red but have not been able to do so and you have a visa, leave or ‘exceptional assurance’ that expires before 30 November 2021 you may request additional time to stay, known as ‘exceptional assurance’.

There may also be exceptional cases where you may be unable to return to a country or territory listed as green where that nation has closed their borders or where quarantine facilities are temporarily over-subscribed in which cases you may also request ‘exceptional assurance’.

Please submit your request for an ‘exceptional assurance’ by emailing cihassuranceteam@homeoffice.gov.uk with the following details:

• full name
• date of birth
• nationality
• Home Office, GWF or any other reference number
• type of visa
• expiry date of visa
• reason for request
• evidence of flight or evidence showing reason you can’t leave

The subject header of your email should read “Request for an assurance”.

In your email you should attach evidence to show why you cannot leave the UK. For example, if you can’t leave the UK because you cannot find a flight before your leave/visa expires, you will need to submit a copy of a confirmed flight ticket or evidence of flight unavailability.

During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.

If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your ‘exceptional assurance’. ‘Exceptional assurance’ does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.

If you’ve already been given assurance but your circumstances have changed or you’re unable to leave the UK by the assurance date previously given, you must reapply using the process above. You will need to clearly state that you’re making a subsequent application. You’ll be asked to provide new supporting evidence.

If you intend to stay in the UK

In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK.

You can make an application for permission to stay in the UK if you hold permission in a route that would normally allow you to do so.

You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee. You will not be able to apply for a route for which there is no provision in the Immigration Rules for making an in-country application, such as T5 Youth Mobility Scheme, or Adult Dependant Relative.

The terms of your current permission will remain the same until your application is decided. If you are switching into work or study routes you may be able to commence work or study whilst your application is under consideration, depending on the terms of your current permission.

You are also able to apply for permission to stay to remain in the UK if you have been issued with an ‘exceptional assurance’. You must submit your application before the expiry of your ‘exceptional assurance’.

If you have any enquiries, please contact our immigration team.

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Can I qualify for a UK Global Talent visa?

UK Global Talent visa has been in high demand over the past few years since it is an unsponsored route with a possibility to settle in the UK after 3 years for world-leading talents. Prospective applicants are often overwhelmed with the endorsement requirements as well as puzzled as to what documents can be provided in support of their application. And this is normal; simply because gaining the endorsement can significantly boost applicants’ career prospects.

Regardless of age or experience in your field of talent, you still have a shot at the endorsement. If you are looking to get an endorsement for the field of digital technology, the fundamental rule of identifying whether to apply for a “talent” or “promise” endorsement is the length of your work experience in the chosen field. Namely, if your professional experience in the field amounts to less than 5 years, you have a higher chance of being endorsed as a leading talent (“promise”). However, if the length of your experience is 5+ years, an application for a “talent” endorsement can be made. Remember that sometimes your achievements so far, such as innovations, creativity, or your significant contribution to the company’s growth, matter more than the length of your professional experience.

The next step is to identify whether you are a technical applicant or a business applicant. The examples of suitable skills are listed in the Tech Nation guidance, however, the list is not exhaustive. If you are at the forefront of the digital technology sector but you have not found skills that make you unique in your field, do not be discouraged. The best way to prove the Tech Nation’s independent panel that you are a leader or prospective leader in your field is to provide evidence of your skills and achievement thus far in relation to the relevant mandatory and two optional criteria.

Most importantly, remember that Stage 1 – endorsement application is not an immigration application. As long as you still have enough time on your current visa, there is absolutely no reason why you should not try your luck and test your chances of securing the well-desired endorsement.

The same principle works with other endorsing bodies, not only with the Tech Nation. Don’t fear failure. Be afraid of not trying.

Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.

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Changes to the Immigration Rules announced on 10 September 2021: Skilled Worker, International Sportsperson, Global Talent, and more

This article will address some of the most noticeable upcoming changes to Immigration Rules that were presented to Parliament on 10 September 2021 (HC 617).

Coronavirus (COVID-19) concessions

Tier 1 (Entrepreneur) (come into effect on 6 October 2021)

Under COVID-19 concession, Tier 1 (Entrepreneur) migrants were able to extend their leave as long as they have created the equivalent of two full-time jobs for settled workers at the time of application. They did not have to demonstrate that the jobs have existed for a minimum of 12 months.

However, the 12-month minimum job requirement, in addition to the usual job creation requirement, needs to be met in order for applicants to qualify for settlement.

EU Settlement Scheme (come into effect on 6 October 2021)

From 6 October 2021, coronavirus-related absences from the UK for people with pre-settled status under the EU Settlement Scheme will cease to operate and will be replaced by changes to Appendix EU.

Skilled Worker route and Tier 2 Sportsperson route (come into effect on 6 October 2021)

Those, who applied for a Skilled Worker visa in the UK between 24 January 2020 and 30 June 2021, were allowed to start working for their sponsor while waiting for a decision on their visa application. The Home Office is now introducing changes to the rules so that in future settlement applications, the time applicants were waiting for their Skilled Worker visa would be counted towards the five years that are required for settlement as a Skilled Worker. This also applies to settlement applications as a Tier 2 Sportsperson.

International Sportsperson route (come into effect on 11 October 2021)

A new International Sportsperson route has been announced to replace both the Tier 2 Sportsperson visa and Tier 5 Temporary Worker – Creative and Sporting visa for professional sporting workers. This new route provides a dedicated visa category that is more straightforward for professional sportspeople and their sponsors. The route requires both an endorsement from a Sports Governing body and a Certificate of Sponsorship from a club. There is also a requirement to demonstrate English language ability for those who apply for a stay that exceeds 12 months.

Global Talent route (come into effect on 6 October 2021)

In the field of arts and culture, letters of recommendation required by the endorsing body must specifically come from well-established ‘arts and culture’ organisations. Also, changes will be made to make it easier for applicants who are members of groups (e.g., internationally recognised orchestras or dance troupes) to qualify.

The minimum number of examples required for each of the exceptional promise criteria will also be reduced from two to one. In addition, being a board member of a product-led digital technology company is a role that can be used as evidence of being an exceptional talent in this field in relation to endorsements.

In the endorsed funder fast track pathway, the length of time remaining on an employment contract or hosting agreement has been reduced from two years to one year, to allow greater flexibility for individuals working on qualifying research (minimum of two years in duration).

The new changes also mean that there are more qualifying prestigious prizes that will be able to qualify on the Global Talent route without obtaining an endorsement from a Global Talent endorsing body. It needs to be noted that prizes must be given to named individuals, not to specific works or organisations. The prizes must also be open to all nationalities and the winners must be determined by experts or peers, rather than a public vote.

Youth Mobility Scheme (come into effect on 1 January 2022)

There are also changes to the Youth Mobility Scheme (formerly known as the ‘T5 (Temporary Worker) Youth Mobility Scheme). Iceland is being added to the Youth Mobility Scheme country list as a country without Deemed Sponsorship Status. India is being added to the list of countries where invitation to apply arrangements apply. Moreover, the Scheme will allow citizens of applicable countries/territories without Deemed Sponsorship Status to apply for this route from any post that accepts such applications worldwide.

EUSS Family Permits (come into effect on 6 October 2021)

The amendments also addressed the concession which allows a joining family member of an EEA citizen to apply to the EUSS as a visitor. From 6 October 2021, this concession will cease to exist for certain family members.

ID cards and Travel Documents (come into effect on 1 October 2021)

It has previously been confirmed that consistent with Citizens’ Rights Agreements, EEA citizens and certain EEA family members who are resident in the UK by the end of the transition period (31 December 2020) can continue to use their EEA national ID cards to enter the UK until at least the end of 2025.

On the other hand, EEA citizens that are outside the Citizens’ Rights cohort (e.g. who do not have pre-settled or settled status under the EUSS) will need a passport to enter the UK, like other nationalities. Please be reminded that this will come into effect on 1 October 2021.

Should you have any questions regarding the upcoming changes please do not hesitate to contact our Immigration team.

Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.

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