LPC Immigration Law Workshop 01 answers + points to note

 POINTS TO NOTE:

 Generally, there are two groups of people to consider who are NOT
subject to immigration controls –

(1) British citizens
 You must ask a client two vital questions before you can start to
determine if they might be a British Citizen. (1) You need to know their
date of birth and (2) You need to know their place of birth
 This is because of the British Nationality Act than came into force on
the 1st January 1983

 As a result there are different starting points to determine British
nationality and these depend on –
(a) When the client was born [whether BEFORE or AFTER 1983] and
(b) Where the client was born [whether or not that in the UK]

 In addition, you need to know about how a client might be registered or
naturalised as a British citizen

(2) Commonwealth citizens with the right of abode in the UK
 Before 1983, it was possible for some Commonwealth citizens to obtain
the right of abode in the UK.
 If a Commonwealth citizen did obtain such a right and they remain a
Commonwealth citizen, then they can have a stamp placed in their
passport confirming the right of abode in the UK.
 That will mean they are not subject to immigration controls

 In order to determine if a Commonwealth citizen has acquired this right
of abode you will need to ask your client a set of detailed questions
based on the relevant law




PREP TASK
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, Naturalisation – discretionary power
 section 6(2)
 Full age
 Full capacity

1. Prepare concise and precise notes that you can use when we
meet to discuss the prospects of Alan being naturalised as a
British citizen.
 Your notes must address:
- Explain what facts are in favour of Alan’s application
- Explain what facts are unfavourable to his application
- Explain what additional information including documents are needed

 POINTS TO NOTE
 NATURALISATION: If a foreign national adult living in the UK has settled
status [i.e. indefinite leave to remain, allows an individual to live and
work in the UK indefinitely] then they may wish to apply to become a
British citizen (otherwise than by descent) by a process known as
naturalisation
 There are requirements for naturalisation
 DIFFERENT REQUIREMENTS FOR IF YOU ARE MARRIED TO A
BRITISH CITIZEN COMPARED TO IF YOU ARE NOT.


(a) Favourable facts & more information needed

A. Civil partnership with a British Citizen
 Alan is in a Civil Partnership with a British Citizen
 Zach was born in Manchester [and therefore a British Citizen because
born in the UK]
 PTN: the requirements differ if the applicant is married/in a civil
partnership

 More information needed:
 Proof of civil partnership i.e. certificates
 Proof that Zach is a British Citizen i.e. passport/other documents?

B. At least 18 years old
 He is 40 years old and therefore meets the age requirement [it is a
favourable fact that he meets the age requirement of being at least 18
years old, as he is aged 40]
 Under s6 of the BNA 1981, the Home Secretary has a discretion to
grant a certificate of naturalisation to any person aged 18 or over who
is not a British citizen

 More information needed:
 Proof of identification to establish his age [i.e. passport or other
document?]
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, C. Settled in the UK
 In accordance with section 33(2A) IA 1971, a person is settled in the UK
is they are (a) ordinarily resident in the UK [meaning the applicant
must live in the UK on a regular, habitual basis] or (b) without being
subject to any restrictions under the immigration laws on the period for
which they may remain
 On the facts we know they are ordinarily resident in the UK because he
leaves in the UK on a regular habitual basis…[HOWEVER, we need
more information with respect to (b) and the immigration laws

 More information needed:
 Not in breach of the UK immigration laws – we need to check [student –
there are restrictions e.g. with working hours – make sure he’s been
complying with the terms of his residency]

D. Legal residence in the UK
 i.e. must have been living in the UK legally for at least three years
continuously before making the application.
 Alan has been living in the UK for at least three years continuously
before making the application
 On the facts he entered the UK in January 2017, and it is now March
2025 [he has therefore been living in the UK for 8 years which exceeds
the three year requirement]
 Further, was he living in the UK legally? Yes, we can see that he was
given leave to remain in the UK for an infinite period on the 17th Feb
2025 + he was given leave to remain [with conditions until 06.02.25] in
2019. Therefore he has been in the UK legally for three years.
 PTN: the start of the qualifying period of three years is the day after
the corresponding applicant date [irrelevant point on the facts though
because he has exceeded the 3 years by quite a lot?]

 More information needed:
 Proof he has been living in the UK for at least 3 continuous years
perhaps through showcasing his rent/mortgage payments or any other
alternative documents that showcase bills
 Statement from employer/friends etc

E. Absences
 PTN: He must not have been absent for more than 270 days in total
during the three year qualifying period and no more than 90 days in
the year immediately before the application
 The year before the application he was absent for 88 days [April 2024 –
March 2025]
 The total number of absences in the last year before the application is
only 88 and therefore within the 90 days limit
 PTN: Home office have 10-day discretion [the home office has indicated
that it will normally disregard 10 days over the limit provided all the


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