£1,000 child citizenship fee found unlawful
19 December 2019
1 Comment
The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners
The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners
Citizenship in Times of Turmoil?, a book which I edited and published with Edward Elgar Law earlier this year, was launched a few days back.
We’ve received the following enquiry about the rules on settled status for EU citizens and their families after Brexit: Can the third country national spouse
Most people born in Northern Ireland have or are entitled to dual citizenship, British and Irish. Generally people apply for the passport of the country
A law preventing men from passing on British citizenship to their biological offspring where the child’s mother is married to someone else may now be
A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that
As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together
A student who ran away to join ISIS in Syria has lost a legal challenge to the UK government’s decision to take away his British
Back in January, the Home Office updated and expanded its guidance on the “good character” requirement in British citizenship applications. One of the big changes
A recent change in the Home Office’s good character policy for citizenship applications is set to have a significant impact on people with a history
The UK government did not begin its deprivation of citizenship policy yesterday, when Home Secretary Sajid Javid signed an order stripping Shamima Begum of her
The controversial story of British teenager Shamima Begum has dominated the news in recent days. Shamima left the UK in February 2015 to travel to
Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This
The latest version of the Home Office’s Good character requirement guidance published on 14 January 2019 incorporates long-awaited new sections on children and refugees. There
In the case of KV v Secretary of State for the Home Department [2018] EWCA Civ 2483 the Court of Appeal accepts that future statelessness
Appellants in immigration cases would normally be delighted if a court made an unambiguous finding that the government had acted unfairly towards them. Not so
Yet again the Home Office has come under fire for its treatment of a European citizen, this time for denying an EEA residence card to
To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports.
In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt
Sajid Javid delivered a speech today at the Conservative party conference that is likely to generate headlines for what he had to say on immigration,
A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to
The Independent and the Telegraph are reporting on the upsetting case of a little boy, born in Leeds, who is being denied re-entry to the UK
Despite our remarks in previous blogs about the useless nature of British Overseas Citizen status, a series of judgments handed down by the High Court
The British Nationality Act 1981, which took effect on 1 January 1983, introduced British citizenship into UK nationality law. In doing so, it removed the
In 1985, immigration solicitor Sheona York read an article in the Guardian about a new technology for proving someone’s identity. She called the inventor, Professor
What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade,
Yesterday’s judgment in Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 saw the Court of Appeal uphold the Home
It is said to be a wise child who knows his own father. It might be thought, having read the facts of this case, that
New figures from the Home Office show that hundreds of British citizens have unlawfully had their citizenship nullified since 2013. A Freedom of Information request
In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC)
Home Office profit on the fees charged to children exercising their right to British citizenship comes to nearly £100 million over the past five years,
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for
So, the Royal Wedding approaches. But once the bunting is bought, the flags are flown and the merchandise marketed, what happens next for Meghan Markle
Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June
Like Commonwealth citizens unable to pay for residence cards, children entitled to register for British citizenship are prevented from taking up their rightful status in
The number of cases of deprivation of British citizenship has risen sharply in recent years. For an in-depth look at the issues, see my earlier
Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to
The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983.
The High Court has ruled that charging a citizenship fee of over £1,000 to children is unlawful. The decision will be widely welcomed by campaigners who have long argued that the fee charged to register a child as British, which is set far above the administrative cost of processing applications,...
Citizenship in Times of Turmoil?, a book which I edited and published with Edward Elgar Law earlier this year, was launched a few days back. Hosted by the law firm Anthony Gold’s housing law team, the event was attended by legal practitioners, activists and academics of several disciplines. This was...
We’ve received the following enquiry about the rules on settled status for EU citizens and their families after Brexit: Can the third country national spouse of a dual EU/British national apply for the EU Settlement Scheme? “Third country national spouse” is immigration lawyers’ jargon for a non-European husband or wife....
Most people born in Northern Ireland have or are entitled to dual citizenship, British and Irish. Generally people apply for the passport of the country which they identify with — nationalists for Irish passports, unionists for British — and are never troubled by the legal fact that they may technically...
A law preventing men from passing on British citizenship to their biological offspring where the child’s mother is married to someone else may now be reconsidered in light of a government decision to drop its appeal against a landmark ruling made last summer. The original case of K [2018] EWHC...
As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together an explainer on the right of abode. A quick Google search showed up no great explanations either, so I thought it was time to try...
Back in January, the Home Office updated and expanded its guidance on the “good character” requirement in British citizenship applications. One of the big changes in the guidance is the long overdue recognition of the existence of Article 31 of the Refugee Convention. As I’ll explain in this post, Article...
A recent change in the Home Office’s good character policy for citizenship applications is set to have a significant impact on people with a history of overstaying. The department expressly states for the first time that any overstaying in the last ten years will see an application for British citizenship...
The UK government did not begin its deprivation of citizenship policy yesterday, when Home Secretary Sajid Javid signed an order stripping Shamima Begum of her British nationality. The deprivation of citizenship power has been increasingly used in recent years, with 104 citizens deprived of their British nationality in 2017 alone....
The controversial story of British teenager Shamima Begum has dominated the news in recent days. Shamima left the UK in February 2015 to travel to Syria at the age of 15. She was very recently found in a Syrian refugee camp, heavily pregnant, after she had escaped from an Islamic...
Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This is a mandatory requirement set out in the British Nationality Act 1981. Where a person is deemed by the Home Office not to be “of...
The latest version of the Home Office’s Good character requirement guidance published on 14 January 2019 incorporates long-awaited new sections on children and refugees. There are also new sections on absolute and conditional discharges, detention and training orders, extremism, deportation orders, NHS debt, and failing to pay litigation costs. The...
In the case of KV v Secretary of State for the Home Department [2018] EWCA Civ 2483 the Court of Appeal accepts that future statelessness is a relevant consideration in an appeal against deprivation of British citizenship obtained on the basis of fraud. The court also gives guidance on the...
Appellants in immigration cases would normally be delighted if a court made an unambiguous finding that the government had acted unfairly towards them. Not so the family of Bashar Al-Assad. In a very unusual judgment, the Special Immigration Appeals Commission (SIAC) in LA & Ors (Natualisation : Substantive) [2018] UKSIAC...
Yet again the Home Office has come under fire for its treatment of a European citizen, this time for denying an EEA residence card to the American husband of an Irish national living in Northern Ireland. The case of Gemma Capparelli and her husband was reported in the Guardian, and...
To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports. The phenomenon of citizenship by investment has emerged over the last few decades and developed into a billion dollar industry. These “CIP” schemes enable the...
In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt by the UN High Commissioner for Refugees to make it easier to establish statelessness. The court ruled that the standard of proof for determining a...
Sajid Javid delivered a speech today at the Conservative party conference that is likely to generate headlines for what he had to say on immigration, integration and citizenship. Upon closer inspection, there is less substance to these pronouncements than meets the eye and nothing on serious issues like child registration...
A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the Home Department [2018] EWCA Civ 2064. The case is interesting, thought-provoking and concerning in equal measure. Taking...
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they meet certain requirements. These include residence requirements. The basic residence requirement...
The Independent and the Telegraph are reporting on the upsetting case of a little boy, born in Leeds, who is being denied re-entry to the UK because the Home Office has revoked his British passport. Mohamed Bangoura, aged six, was staying with relatives in Belgium over the summer and “marched away from...
Despite our remarks in previous blogs about the useless nature of British Overseas Citizen status, a series of judgments handed down by the High Court this summer demonstrate that this unusual version of British nationality is sufficiently valuable to encourage the pursuit of lengthy and expensive litigation against BOC passport...
The British Nationality Act 1981, which took effect on 1 January 1983, introduced British citizenship into UK nationality law. In doing so, it removed the principle of jus soli – the principle by which citizenship is acquired by being born on the territory – from the operation of that nationality...
In 1985, immigration solicitor Sheona York read an article in the Guardian about a new technology for proving someone’s identity. She called the inventor, Professor Alec Jeffreys, at the University of Leicester to see whether this “DNA testing” could help to resolve an immigration dispute. The Home Office was demanding...
What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade, incorrectly thinks that he is eligible to apply for British citizenship and applies for that instead? You might think that, for example, the Home Office...
Yesterday’s judgment in Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 saw the Court of Appeal uphold the Home Secretary’s decision to use her power to strip members of a notorious Rochdale grooming gang of their British citizenship. The use of a power...
New figures from the Home Office show that hundreds of British citizens have unlawfully had their citizenship nullified since 2013. A Freedom of Information request by the author revealed that there were 262 decisions to nullify British citizenship between 2007 and 2017, peaking at 176 cases in 2013. In December...
In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC) can be stateless under the Immigration Rules if he or she has no other nationality. This is an interesting and pragmatic finding which highlights the...
Home Office profit on the fees charged to children exercising their right to British citizenship comes to nearly £100 million over the past five years, Free Movement analysis has shown. The controversially high fee for the citizenship process known as registration — set this year at £1,012 — is far...
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and had British children. She was elected a...
So, the Royal Wedding approaches. But once the bunting is bought, the flags are flown and the merchandise marketed, what happens next for Meghan Markle and Prince Harry? Will they live happily ever after and, if so, where and with what visa? Princes and princesses often seem to come from...
Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June 1968. By virtue of section 11(1) of the British Nationality Act 1981, read with section 4 of the British Nationality Act 1948 and section 2(1)(a)...
Like Commonwealth citizens unable to pay for residence cards, children entitled to register for British citizenship are prevented from taking up their rightful status in the UK by swingeing Home Office fees, write Solange Valdez-Symonds and Steve Valdez-Symonds. The Home Office fee for residence cards has been one part of...
The number of cases of deprivation of British citizenship has risen sharply in recent years. For an in-depth look at the issues, see my earlier post on The rise of modern banishment: deprivation and nullification of British citizenship. The increasing use of the power by the Secretary of State has...
Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens at the Home Secretary’s discretion under section 6 of the British Nationality Act 1981, and invariably they concern criminal convictions (except for one, which...
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they: are 18 or over are of “good character” meet the knowledge...
The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered a simple solution to a question of...
