VISA NATIONALS
Before travelling to the UK it is vital for you to ascertain whether you are a Visa National. A Visa National is a person who always needs to get Entry Clearance in advance of travelling to the UK, for whatever reason.
Such applications must be made through your nearest British Embassy, Consulate or High Commission.

COMMONWEALTH CITIZENS
High Commissions exist in Commonwealth countries. The citizens of such countries can qualify for several categories under the Immigration Rules which are not available to non-Commonwealth nationals.

UK IMMIGRATION CATEGORIES
There is one important distinction to be made from the outset between certain of these categories. Some give rise to a right to remain indefinitely in the UK after spending a period (usually five years) in the category, whereas others will not.

Categories which may in themselves lead to settlement are:-
EC/EEA Nationals with Residence Permits
Investor Category
Business Visa holders
Persons of Independent Means
Sole Representatives of Foreign Firms
Work Permit holders
HSMP Visa holders
UK Ancestry (Commonwealth only)
Writers and Artists
Elderly Relatives
Asylum Seekers / Refugees
Marriage to a British Citizen or U.K. Permanent Resident

Categories which do not in themselves lead to settlement are:-
Visitors - whether single, multiple or business
Visitors in the UK for medical treatment
Students
Working holiday makers (Commonwealth only)
Au Pairs (Europe only)

PERMANENT RESIDENCE
Generally speaking, if you spend 5 years in the UK in a category that leads to settlement, you will be able to apply at that time for the restrictions governing your stay in the UK to be removed. The authorities will usually want to be satisfied that you have spent the majority of the time in the country and that you intend to remain in the UK indefinitely.

NATURALISATION
Where settlement (indefinite leave to remain) has been granted, it is normally possible to apply for Naturalisation as a British Citizen after one further year (i.e. six years).

In order to qualify, you will again have to prove that you have been in the country for at least 75% of the time during the year immediately before the application is submitted - and 75% of the time during the last five years. You will also have to show that you are able to converse in the English language and that you are of good character i.e. that you are and have been financially stable and that you do not have a criminal record.

MARRIAGE TO A UK CITIZEN OR PERMANENT RESIDENT
Special rules apply to your case if you marry a UK national or a person settled in the UK. You will be able to become settled twenty four months after your marriage application has been granted. However, you will be free to travel in and out of the UK and take employment during the interim period. In this situation, you are entitled to apply for naturalisation as a British Citizen after just three years provided that you have been married for at least two of the three years.

BRITISH PASSPORT
On qualifying for naturalisation you will be given a naturalisation Certificate after you have participated in the citizenship ceremony. You will subsequently receive a British Passport which will allow you to travel without hindrance throughout the European Union.

With the right advice, immigration to the UK need not be difficult.

Please contact us on 020 8346 3448 or email us at brendan@bederlaw.com