VARIOUS GENERAL TOPICS CLARIFIED BY H O -- HELPFUL TO MANY

REPLY FROM HO FOR GENERAL MATTERS CLARIFIED TO GENERAL PUBLIC :

HOPE THIS WILL BE USEFUL FOR SOMEONE SEEKING ANY CLARIFICATIONS ON THESE 19 TOPICS :

We aim to respond to general enquiries regarding British nationality and the right of abode in the UK within ten working days.



You do not need to re-send your enquiry, or reply to this message.



You will not receive another response if your enquiry is about one of the following subjects, and the information you require is provided below.





1. Return of Documents



2. Earned Citizenship - Transitional Arrangements & Implementation Date



3. Proposed changes in registering on a UKM form.



4. Enquiries from abroad



5. HSMP Judicial Review - Naturalisation Implications



6. Confirming receipt of applications



7. Outstanding Applications



8. Requesting an application form



9. Current Fees & Payment Information



10. Confirmation of Nationality Status



11. Requesting a duplicate certificate of naturalisation or registration



12. Proof that you have not acquired British citizenship - Letter of Non-Acquisition



13. Knowledge of Language & Life in the UK



14. Acceptable Referees



15. Transfer of certificate of entitlement to the right of abode



16. Notifying a change of address



17. Allegations



18. Immigration queries: Further/Indefinite leave to remain & Certificate of Approval.



19. EEA Nationals & Family Members





We hope that this information will be of assistance to you.

















1. Return of Documents



If you have submitted your passport in support of your application for British Citizenship, we generally advise that you should not make any travel plans within 12 weeks of submitting your application.

However, there may be occasions when you need to travel before your application has been decided and will need to request your passport back.

We will try to return your travel documents within 10 working days of you making us aware of your travel plans.

If you need to request your documents for emergency travel (because you will be travelling within the next 10 days), you must contact the UK Border Agency helpline on 0845 010 5200 and speak to a member of staff about your request. You must provide details of when you need to travel. This will help to make sure that we can deal with your request and return your documents to you as soon as possible.

Please note that we do not routinely accept emergency requests and may require you to provide evidence of travel details.

If your expected date of travel is more than 10 days in the future, you may email your request to UKBAnationalitypassportreturns@ukba.gsi.gov.uk or contact us on 0845 0105200. This is a dedicated email address that has been set up specially for non-urgent returns of passports. It is strictly monitored, and only non-urgent requests for passport returns should be sent to it - any other requests, including urgent requests and general queries about the progress of your application, will automatically be deleted and will not be progressed. Please do not submit your email request more than once.

Important

In order to process your passport request the following information MUST be provided, failure to do so will result in your request being rejected.

* Home Office Ref No (If you have not been allocated a Home Office Ref No please provide the delivery reference number that you sent your application in by).
* Applicants Full Name
* Date of Birth
* Nationality
* Place of Birth
* Address (Please note we will be unable to return your document to an alternative address)
* Documents Required
* Date Documents Required (Must be at least 10 working days away)



2. Earned Citizenship - Transitional arrangements & Implementation Date



The UK Border Agency has announced transitional arrangements for migrants who will be on the journey to British citizenship when earned citizenship is introduced.

The Borders, Citizenship and Immigration Act received Royal Assent on 21 July 2009. Sections 39-41 and 47-49 of Part 2 of the Act give effect to earned citizenship, which we plan to introduce in July 2011. We will announce the specific date of introduction closer to the time.

As the Borders, Citizenship and Immigration Bill progressed through Parliament, the government listened to the views of both the House of Lords and the House of Commons. The government subsequently agreed the following transitional arrangements:

If a migrant has already been given indefinite leave to remain (also known as settlement) on the date when earned citizenship is introduced, they will automatically be considered to be a 'permanent resident'. They will not need to pay or apply for this to occur. They will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

If a migrant has applied for indefinite leave to remain before the date when earned citizenship is introduced, and is subsequently granted indefinite leave to remain, they will be eligible to apply for British citizenship under the current rules during the first two years after earned citizenship is introduced.

The government will continue to meet its obligations to migrants who entered the United Kingdom on the Highly Skilled Migrant Programme (HSMP) and had a legitimate expectation that they would be able to apply for and be granted indefinite leave to remain, in accordance with the Immigration Rules that were in place when they applied to the HSMP.

The introduction of earned citizenship has been postponed by six months, to give people time to adjust to the new system and to allow more applicants who are already in the United Kingdom to apply under the current rules. Earned citizenship will now be introduced in July 2011.

All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system.



3. Proposed changes in registering on a UKM form.

A person who has a British mother currently has a right to register as a British citizen under section 4C of the British Nationality Act 1981 if:

� He or she was born between 7 February 1961 and 1 January 1983; and

� or she would have become a British citizen if women had been able to pass on citizenship in the same way as men at that time.

The new Act extends the provisions of section 4C to those born before 1961.

Please Note: You should not make an application on the basis of these changes until they have become law. If you apply before then and you do not meet the current requirements for registration, we will not be able to register you - you should wait until an announcement is made on this website that the changes have come into force.

When the changes have become law, we will make application forms and guidance notes available. Until then, the current versions of the forms and guides are still in use.



4. Enquiries from abroad



Unfortunately we are unable to respond to enquiries submitted from overseas. All enquiries should be made via your nearest British Embassy, High Commission or Consulate. In order to find your nearest British diplomatic post please click here <BLOCKED::http://www.fco.gov.uk/en/about-the-fco/ ... -overseas/> .





5. HSMP Judicial Review - Naturalisation Implications



If you wish to apply for naturalisation under Section 6(1) you must ensure that you meet all of the requirements including those relating to 5 years lawful residence and the requirements to be free of immigration time restrictions on the date of application and for 12 months preceding the date of application.



The UK Border Agency will be issuing a letter to all beneficiaries of the recent judgement in relation to the HSMP. This will confirm the date that you are considered to have gained settlement. You should not apply for citizenship until you have this letter and are sure that you satisfy all of the requirements for citizenship. The letter should be included with any application that you make for citizenship.



Quick Links

AN Guide <http://www.ind.homeoffice.gov.uk/siteco ... ide_an.pdf>

AN Form <http://www.ind.homeoffice.gov.uk/siteco ... orm_an.pdf>





6. Confirming Receipt of Applications



It is currently taking 6 weeks to acknowledge all applications.



If you sent your application by Recorded or Special Delivery, its receipt can be confirmed on the Royal Mail website at:



Royal Mail <BLOCKED::http://www.royalmail.com/portal/rm>





7. Outstanding Applications



We are unable to respond to enquiries about outstanding applications by e-mail. UK Border Agency will contact you if further information is required to complete your application. The current processing time for nationality applications is around 6 months.



For further information regarding waiting times please see the link below.

Waiting Times <http://www.ind.homeoffice.gov.uk/britis ... tingtimes/>





8. Requesting an application form.



Application forms can be downloaded from the UKBA website via the following link :



Application Forms <http://www.bia.homeoffice.gov.uk/britis ... tiontypes/>



By clicking on the relevant application type a link to the application form and guidance will appear in the top right corner of the screen.



Alternatively if you require a hard copy of the form please contact our Literature Fulfilment Line by dialling 0845 010 5200 and selecting option one. Please note to use this service you must know which specific form you require.





9. Current Fees and Payment Information.



New fees came into effect on the 6th April 2009. Applications received on or after this date will be subject to the new fees. Fees for applications must be submitted when making an application. Details of current fees and methods of payment can be found by clicking here <http://www.ukba.homeoffice.gov.uk/sitec ... from060409> .







10. Confirmation of Nationality



Our procedure for dealing with enquiries of this nature has changed. You now have 3 options:



1. You may test the strength of your claim to British nationality by submitting an application for a United Kingdom passport. Advice about the passport application process, and relevant forms, can be obtained at www.ips.gov.uk <BLOCKED::http://www.ips.gov.uk/> or by calling the Identity and Passport Service on 0300 227 0000.



2. You may apply to us for a nationality status certificate, using Form NS. Advice about the nationality status certificate application process, and relevant forms, can be obtained from here <http://www.ukba.homeoffice.gov.uk/briti ... itizenship> or by calling us on 0845 010 5200 selecting option 1. A fee of �75.00 will be payable with this application. This fee is non-refundable.



Quick Links to FORM NS, Guide and payment slip.



FORM NS <http://www.ukba.homeoffice.gov.uk/sitec ... orm_ns.pdf>

Guide NS <http://www.ukba.homeoffice.gov.uk/sitec ... ide_ns.pdf>

Payment Slip <http://www.ukba.homeoffice.gov.uk/briti ... ying/cost/>



3. You may seek advice from a professional legal adviser in private practice. A list of suitably qualified advisers can be obtained from www.oisc.gov.uk <http://www.oisc.gov.uk/> or by calling the Office of the Immigration Services Commissioner on 0207 211 1500.







11. Requesting a duplicate certificate of naturalisation or registration



To obtain a duplicate copy of your naturalisation / registration certificate, you will need to fill in FORM NC and submit this with the current fee of �75.00. Find below Links to both the form and payment slip.



FORM NC <http://www.ind.homeoffice.gov.uk/siteco ... rationcert>

Payment Slip <http://www.ukba.homeoffice.gov.uk/sitec ... from060409>



Please note UKBA does not retain records of grants of British nationality prior to October 1986. These records are now held by The National Archives. Information on how to access these records is available at the National Archives website <BLOCKED::http://www.nationalarchives.gov.uk/fami ... ralisation> .







12. Proof that you have not acquired British citizenship - Letter of Non-Acquisition



If you require proof that you have not obtained British citizenship you must request a Letter of Non-Acquisition. In order to obtain this you are required to complete FORM NQ and submit this with a payment of �75.00. Please complete all details that are applicable to you in order to assist with the processing of your application.



Quick Links

FORM NQ <http://www.ind.homeoffice.gov.uk/siteco ... orm_nq.pdf>

Payment Slip <http://www.ukba.homeoffice.gov.uk/sitec ... from060409>







13. Knowledge of Language and Life in the UK





If you are applying for naturalisation in the United Kingdom and are aged between 18-65 you are required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements. Unless you are asking to be exempt then you may satisfy the requirement for both knowledge of English language and knowledge of life in the UK by:



� Successfully completing a course of study in ESOL with citizenship. You will need to provide a certificate showing the level you have attained together with a letter from the college certifying that the course had the requisite citizenship content. OR

� Passing a short test on knowledge of life in the UK at a Life in the UK Test Centre. This test is set in English and passing the test will indicate both knowledge of English and Life in the UK. OR

� Confirming that you already satisfied these requirements when you obtained indefinite leave to remain (ILR)



Exemptions



� Long residence is not a reason for exemption. People often ask if they can be exempted from the test on the basis of their qualifications, or the fact that they are from an English speaking country. The requirement to demonstrate knowledge of life in the United Kingdom is specified in law and these are not recognised grounds for exemption.



� If you have a long term physical or mental condition that prevents you from learning English or being tested on your knowledge of life in the UK, you may not have to meet either the language requirement or the knowledge of life in the UK requirement. You may apply for exemption by ticking the appropriate box on the application form. Please note that physical or mental illness will not automatically exempt you from this requirement. You will need to provide proper evidence from your doctor. You will not be exempted on grounds of illiteracy.



For more information regarding the Life in the UK test and ESOL courses please see the links below:



Home Office ESOL and Life in the UK test information <http://www.bia.homeoffice.gov.uk/britis ... feintheuk/>

Official Life in UK Test website <BLOCKED::http://www.lifeintheuktest.gov.uk/>





14. Acceptable Professional Referees



Please find below a link to the UKBA website which provides a list of acceptable referees for applications :



Referees <http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary>





15. Transfer of certificate of entitlement to the right of abode

In order for you to transfer your certificate of entitlement from your old passport to your current passport, you will need to make a new application.



Details of how to do this can be found here <http://www.ind.homeoffice.gov.uk/britis ... htofabode/> .





16. Notifying UKBA of a change of address



Unfortunately we are unable to accept notifications of a change of address by email. Should you need to advise us of a change of address please contact us on 0845 0105200 selecting option 3 then option 1. Alternatively you may wish to provide the information by post. The address is:



UK Border Agency

Department 2

PO Box 306

LIVERPOOL

L2 0QN





17. Allegations



If you have emailed an allegation be assured that we take all information received concerning the actual or potential abuse seriously and any such information is forwarded to the relevant department and investigated accordingly.



We are grateful for the information you have provided. However, we will not be able to advise you of the progress or results of any investigation relating to this information. This is for the following reasons:



� The Data Protection Act (1998) - the provisions of this Act mean we cannot disclose information we hold on an individual to a third party unless requested to do so by, or with the written consent of, the party concerned.



� The Border and Immigration Agency's Code of Practice - all investigations are pursued in compliance with the Data Protection Act (1998), the Human Rights Act (1998) and the Regulation of Investigatory Powers Act (2000). This prevents us giving feedback to people who provide information which lead to investigations, and if we were to breach this it could compromise the success of any prosecution of an identified offender.



� Potential damage to ongoing investigations - the potential damage that disclosure might have on any investigation conducted by other government agencies.



If you wish to make an allegation by post, please write to us at the following address:





UK Border Agency

Department 2

PO Box 306

LIVERPOOL

L2 0QN





You can remain anonymous, but please include as much detail as possible, including home and/or work addresses and postcodes if you have this information.





18. Immigration queries: Further/Indefinite leave to remain & Certificate of Approval.



Unfortunately enquires relating to the above are not handled by this office. Should you require further information on this you are required to email the Immigration Enquiry Bureau at the following address. UKBApublicenquiries@ukba.gsi.gov.uk <BLOCKED::mailto:UKBApublicenquiries@ukba.gsi.gov.uk> .



Please note enquires regarding obtaining entry clearance from abroad is handled by our partners UK Visas, in the first instance please consult there website for further information. You can access there website by clicking here <BLOCKED::http://www.ukvisas.gov.uk/> .



19. EEA Nationals & Family Members

If you enquiry relates to applying for a registration certificate or permanent residence on the basis of being an EEA National or Family Member of an EEA national can you please resend your enquiry to UKBAeuropeanenquiries@ukba.gsi.gov.uk