Exam (elaborations)
LPC - Immigration Law Revision Notes - 2022/23
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Fully, comprehensive revision notes for the LPC Immigration Law Exam. I achieved a Distinction using these notes (70%).
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BRITISH CITIZENSHIPBRITISH CITIZENSHIP
People born in the UK BEFORE 1983:
PEOPLE BORN IN • B.C if before 1983, he was born in the UK:
THE UK - i.e., up to and including 31 December 1982.
People born in the UK AFTER 1982 (from 01/01/1983):
• B.C if AFTER 1982, he was born in the UK and at the time of his
birth either of his parents were:
a) A B.C; or
b) Settled in the UK (includes commonwealth citizens with right
of abode).
• Before 1 July 2006, a ‘parent’ in this context did not include a
father of a child who was not married to the child’s mother.
o The person may apply to register as a B.C. (s4G BNA 1981) –
must satisfy SS that he is of good character.
• From 1 July 2006, a child’s father is (s50(9A) BNA 1981):
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);
or
b) Where a person is treated as the father of the child under s28
of the Human Fertilisation and Embryology Act 1990, that
person; or
Where neither paragraph (a) nor (b) applies, any person who is
proven to be the natural father by the production of such evidence
(e.g., a birth certificate, DNA test report, or Court Order) as may
satisfy the SS on this point.
PEOPLE BORN People born outside in the UK BEFORE 1983:
OUTSIDE THE UK B.C if, BEFORE 1983, he was born outside the UK and:
a) His father was born in the UK; or
b) His father was registered or naturalised as a B.C in the UK
before the child’s birth (if a father becomes British after the
child’s birth, this does not retrospectively make the child
British); and
c) His parents were married, or subsequently marry in a country
where that marriage operates to legitimise the child.
• An illegitimate child could not ‘inherit’ B.C through his father.
• A mother could not pass on her B.C acquired by her birth,
registration, or naturalisation in the UK to any child born outside the
UK.
o HO allowed for the child to be registered as British – now
possible under s4C BNA 1981.
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, People born outside the UK AFTER 1982 (from 01/01/1983):
• B.C if, AFTER 1982, he is born outside the UK and:
a) His father or mother was a B.C otherwise than by descent by
birth in the UK; or
b) His father or mother was a B.C otherwise than by descent,
having been registered or naturalised as a B.C in the UK
before the child’s birth (if either parent becomes British after
the child’s birth, this does not retrospectively make the child
British).
• Subject to satisfying condition (c) of s50(9A) BNA 1981 (above), an
illegitimate person born outside the UK ON or AFTER 1 July 2006 is a
B.C. if his father was a B.C otherwise than by descent, or registered,
or naturalised as a B.C before the child’s birth.
• Illegitimate child born outside the UK BEFORE 2006 can register as a
B.C (s4G BNA 1981) – must satisfy SS that he is of good character.
DESCENT B.C otherwise than by descent:
• Person who acquires B.C:
o By birth in the UK; or
o As a child by registration in the UK; or
o As an adult by naturalisation in the UK.
• He can automatically pass on B.C to a child born OUTSIDE of the UK.
B.C by descent:
• Person born outside the UK who acquires B.C only because one or
both of his parents is a B.C.
• Cannot automatically pass on B.C to a child who is also born
outside of the UK.
• Second Generation child can be registered abroad at British
Consulate as B.C by descent if:
o One of the parents is a B.C by descent; and
o The British parent has a parent who is or was British
otherwise than by descent; and
o The British parent had at some time before the child’s birth
lived in the UK for a continuous period of 3 years not being
absent for more than 270 days in that period.
• Applicant aged 10 or over will have to satisfy SS of their good
character.
• If (a) and (b) are met but not (c) possible to register the child in the
UK as B.C if during his childhood:
o His father and mother come and live in the UK with him;
o For a continuous period of 3 years; and
o Are not absent during that time for more than 270 days.
o Both parents must live in the UK unless one of them is dead
or they are divorced.
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, o Applicant aged 10 or over, must satisfy SS of his good
character.
o Will be registered as B.C otherwise than by descent because
registration in the UK.
REGISTRATION Child born IN the UK AFTER 1982:
• A child an apply to register as B.C (s1(3) & (4) BNA 1981) if he was
born in the UK after 1982 and after his birth:
a) One of his parents becomes a B.C or settled in the UK before
he is 18; or
b) He remains in the UK for the first 10 years of his life, and he is
not absent for more than 90 days each year during that
period.
- A longer period of absence may be acceptable (s1(7)).
- An Applicant aged 10 or over will have to satisfy the SS that
he is of good character.
Such a person is a B.C otherwise than by descent.
Child born OUTSIDE the UK before 1983:
• British mother could not before 1983 transmit her B.C acquired in
the UK to her child born outside the UK.
• HO did allow such child to be registered as British (by descent),
provided the application was made before the child reached 18.
• If registration did not occur such a person born before 01/01/1983
can now apply to register as a B.C (s4C BNA 1981) – must satisfy SS
that he is of good character.
• Such person is a B.C by descent.
NATURALISATION • Home Secretary has a discretion to grant a certificate of
naturalisation to any person aged 18 or over who is not a B.C (s6 BNA
1981).
• Requirements slightly different depending on whether Applicant is
married to a B.C or not.
- See requirement page 12 – 14 of textbook.
RIGHT OF ABODE
GENERAL • Two categories of Commonwealth Citizens have the right of abode
in the UK.
1. Those with a parental link.
2. Those who have acquired right of abode by marriage.
• Commonwealth citizen with the right of abode will travel under his
or her own country’s passport.
Before travelling to the UK for the first time, he/she should apply to
the British High Commission for a certificate showing that right of
abode.
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, PARENTAL LINK Requirements:
a) The person was a Commonwealth Citizen on 31/12/1982 and
continues to be such; and
b) Either parent was born in the UK.
• ‘Parent’ in this context includes the mother, but not the father, of
an illegitimate child.
• To get the certificate, the Applicant will need to produce:
- Evidence of being a Commonwealth Citizen on 31/12/1982,
and that he remains a Commonwealth Citizen;
- His own full birth certificate naming the appropriate parent;
- The appropriate parent’s full UK birth certificate; and
- If claiming through the father, the parent’s marriage
certificate or evidence of the relationship.
ACQUIRED BY Requirements:
MARRIAGE a) The woman was a Commonwealth Citizen on 31/12/1982 and
continues to be such; and
b) On or before 31/12/1982 she married a man who at the time
of the marriage was either:
i) Born, registered, or naturalised in the UK; or
ii) Was a Commonwealth Citizen with a right of abode
through a parental link.
• Subsequent divorce or death of husband does not affect her status.
• To get the certificate the Applicant will need to produce:
- Evidence of being a Commonwealth Citizen on 31/12/1982
and that she remains a Commonwealth Citizen;
- Her marriage certificate; and
- Evidence that her husband was either British by birth,
registration, or naturalisation in the UK (e.g., his UK birth,
registration, or naturalisation certificate), or a Commonwealth
Citizen with his own right of abode.
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, VISITORS
WHO IS A ENTRY CLEARANCE:
VISITOR? • Except in the case of visa nationals, no entry clearance is normally
required for a visit to the UK of up to 6 months.
• It is possible for non-visa nationals to arrive at a UK port and seek
leave to enter from an immigration officer.
- May reduce any potential problems for those who are not
simply tourists if entry clearance is obtained in advance.
• There are some exceptions to the normal rule, as a non-visa
national must apply for entry clearance if:
a) Visiting the UK to marry or to form a CP, or give notice of
this, unless they are an EEA national or a national or
Switzerland; or
b) When seeking to visit the UK for more than 6 months.
LEAVE (PERMISSION) TO ENTER AND CONDITIONS:
• Most visitors under Appendix V: Visitor will be given leave to enter
the UK for a period not exceeding 6 months, subject to a condition
prohibiting employment.
• This does not prohibit any work-related permitted activities.
• There will also be a condition of no study, although this does not
prohibit the incidental study allowed by the permitted activities.
• Visitors will be subject to the condition that they cannot have
recourse to public funds.
• Within the period for a which a visit visa is valid, a visitor may enter
and leave the UK multiple times, unless the visit visa is endorsed as a
single or dual entry visa.
FREQUENCY OF VISITS:
• There is no restriction on the number of visits a person makes to
the UK or a specified time period that must elapse between
successive visits.
• HO Guidance: A person who has made a series of visits to the UK
with only brief intervals between them would not, in the absence of
any other relevant factors, be refused entry as a visitor.
- However, an immigration officer will consider the stated
purpose of a visit in light of the length of time that has
elapsed since previous visits.
• HO accepts that, occasionally, a visitor carrying out a permitted
activity associated with business, may be required to stay for a period
of weeks or even months in the UK.
• HO Guidance: Accepts that there is no specified maximum time a
visitor can spend in the UK in any period.
- However, it is clear from a visitor’s travel history that he is
making the UK his home, the application will be refused.
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