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1) Which ONE of the following statements is WRONG?• Your client is a citizen of India who has indefinite leave to remain in the UK.
She is currently on holidays for 3 weeks in India visiting relatives. She will
have to obtain a visa before travelling back to the UK.
[A person with indefinite leave to remain in the UK (settled status) who
returns in two years does not normally require entry clearance, although they
will need leave to enter the UK under Immigration Rules, para 18].
2) Malcolm was born in 1973 in the UK. In 1998 he married Nadir, a visa
national. In 2000 their son, Rudolph was born outside the UK.
• Malcolm is a Brit Citizen otherwise than by descent. Rudolph is a british
citizen by descent.
Malcolm was born in the UK before 1983 and so is a British Citizen otherwise then
by descent. Rudolph is born outside the UK after 1982. As his father is a British
Citizen otherwise then by descent and was married to his mother, so he is a british
citizen by descent.
3) Aaron was born outside the UK in 1981 as a visa national. In 1993, he
entered the UK with his family for the purposes of settlement. He had
inde nite leave to remain in the UK when his girlfriend, Bella, gave birth to his
daughter, Carol, in 2009 in the UK. Bella had limited leave to remain in the UK
at that point in time. The couple remain in the UK in the same immigration
status and they have not married.
In which ONE OR MORE of the following circumstances is Carol a BRITISH
CITIZEN? You may choose one, more or all answers.
• If Aaron is named as Carol's father on her birth certi cate and that is
accepted as evidence of paternity by the Secretary of State.
• If the secretary of state accepts other evidence that Aaron is Carol's
father.
• If Aaron and Bella subsequently marry in the UK or any other country
where their marriage operates to legitimise Carol.
Carol is born after 1982 in the UK. To be a British citizen one of her parents had to
be at the time of her birth either a British citizen or settled in the UK. Her mother,
Bella with limited leave does not qualify. What about her father, Aaron? He was not
married to her mother. But as Carol was born after the Nationality, Immigration and
,Asylum Act 2002 came into force on 1 July 2006, section 50(9A) means that her
father is (a) the husband, at the time of the child!s birth, of the woman who gives
birth to the child (and remember that if the parents subsequently marry that may
operate to legitimise the child); (b) where a person is treated as the father of the
child under s 28 of the Human Fertilisation and Embryology Act 1990, that person;
or (c) where neither paragraph (a) nor (b) applies, any person who is proven to be
the father by the production of such evidence (eg a birth certificate, DNA test
report or court order) as may satisfy the Secretary of State on this point.
4) Jewel was a citizen of South Africa on 31 December 1982 and continues to
be such. In 1981, she married Kelvin. He had been born in the UK in 1961.
TRUE or FALSE: Jewel acquired the right of abode in the UK by marrying Kelvin.
• False. Because South Africa was not a member of the Commonwealth on 31
December 1982.
5) Victor is a visa national. Victor has been in the UK for 2 years and he wants
to be naturalised as a British Citizen. Which ONE of the following statement is
CORRECT?
• He must be settled in the UK, at the time he applies.
6) Alan was born in the UK. In 1979, he married Brenda (who is not a British
Citizen and is a visa national. In 1980, their daughter Chloe, was born outside
the UK.
• David was born in 1955 in the UK. In 1970, he started a relationship with
Erica (who is not a Brit Citizen and is a non visa national). In 1981 their
son, Frederick, was born outside the UK. In 1982, David and Erica married
in a country where their marriage operated to legitimise Frederick.
• Gloria was born in 1964 in the UK. In 1989, she gave birth to her
daughter, Harriet, in the UK.
• Judith was born outside the UK in 1969 as a visa national. In 1975, she
entered the UK with her family for the purposes of settlement. She had
inde nite leave to remain in the UK when she gave birth to her son,
Kelvin, in 1990 in the UK.
On the available facts, which of these ten people are BRITISH CITIZENS?
• Alan, Chloe, David, Frederick, Gloria, Harriet and Kelvin.
,7) Ann-Marie was born in 1975 in the UK. In 1995, she gave a birth to her son,
Bryan, outside the UK.
Clive was born in 1979 in the UK. In 2004, he married Davina, a visa national.
In 2006, their son Ewan, was born outside the UK.
Gary was born in the UK in 1981. In 2010 his wife, Hazel gave birth to his son,
Ian outside the UK, Hazel is a visa national.
(i) Ann-Marie, Clive and Gary are British citizens otherwise than by descent.
(ii) Bryan and Ewan are British citizens by descent.
(iii) Ian is a British citizen by descent, if Gary and Hazel marry in a country
where their marriage operates to legitimise him; or if the Secretary of State
accepts evidence that Gary is his father.
• All the statements are accurate.
8) Zach was born in South Africa in 1979. His father, William, was born in the
UK in 1950. William had married his mother in 1969.
In 1999, Zach married Megan, a South African national. In 2010, their son,
Richard was born in South Africa.
Which of the statements is WRONG?
• If Zach, Megan and Richard all come to live in the UK whilst Richard is still a
child and do so for a continuous period of five years, Richard may be
registered as a British citizen by descent.
If Zach, Megan and Richard all come to live in the UK whilst Richard is still a child
and do so for a continuous period of three years, Richard may be registered as a
British citizen by descent.
9) You act for 4 clients who have been refused naturalisation as a British
citizen.
Which ONE of the following statements in each of the decision letters from
the Home Of ce is the only CORRECT ground for the refusal in the
circumstances described? You may assume that the facts given in each
statement are accurate.
, • Whilst it is accepted, that you are lawfully married to a British citizen, you are
only 17 years of age.
Any applicant must be aged 18 or over.
10) Your client, Ria is currently visiting the UK. She hands to you her passport.
This was issued by Guyana, a Commonwealth country. Ria tells you that she
was born in Guyana in 1960. She has always been a citizen of Guyana, like her
parents. In 1979 she married Alexander. He was a citizen of Saint Lucia, also a
Commonwealth country. Sadly he died in 1980 in a car accident. Ria has never
re-married. Until last month Ria had not known that Alexander!s mother, Ella
had in fact been born in the UK. She hands to you a certi ed copy of Ella!s
birth certi cate con rming this. She also provides you with a copy of her
marriage certi cate to Alexander. She tells you that she has no other
documents nor any other information about Alexander.
Which ONE of the following statements about Ria's claim to be a
Commonwealth citizen with the right of abode in the UK through her marriage
to Alexander is CORRECT?
• Provided Ria can produce evidence that Alexander was a Commonwealth
citizen, then he had a right of abode in the UK through his UK-born mother,
and Ria has acquired the right of abode in the UK herself by marrying him.
11) A citizen from which ONE of the following countries is NOT a visa national?
• Chile. Citizens of Chile are non-visa nationals is not listed in the Appendix
Visitor.
12) Which ONE of the following statements is CORRECT?
• A PPE visit visa can be granted for up to 1 month.
Appendix V: Visitor paragraph V 17.2(c).
13) True or False: a decision maker might consider that an applicant fails to
meet paragraph V 4.2(b) of Appendix V: Visitor if they are sending their
children to a school in the UK.
• True. These facts suggest that the applicant is making the UK their main
home contrary to paragraph V 4.2(b) of Appendix V: Visitor. This is an
example given in the UKVI Home Office Visit Guidance.
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