Migration to Britain Overview Britain offers seven avenues for obtaining permanent status in the United Kingdom and, one year later, citizenship. They are: employer-specific work-permits, the Highly Skilled Migration Programme, the Business Investment Programme, the Investor Programme, the Innovator Programme, the Retirement Programme for those of “independent means”, the ancestral visa and the marriage visa. Employer-specific work-permits allow immediate entry to those who have pre-arranged employment and fall into three sub-categories; viz., standard work-permits, sector-based work-permits and intra-company, executive transfers.

International Piping Festival, Glasgow, Scotland

In most cases, the migrant enters Britain on a work permit which, assuming that the migrant is self-supporting, may be extended. Other than those sponsored by a spouse, after five years of being on a work permit, migrants who have proven themselves to be financially self-sufficient will, upon application, be granted “indefinite leave to remain”, which is to say, ‘permanent residence’. For the spouse of a British citizen or permanent resident, the period is two years.

One year after having been granted “indefinite leave to remain” the immigrant may apply for British citizenship, which, in addition to requiring five years of residence, necessitates being conversant in English and passing a knowledge test. At present, the process generally is completed within one year. Upon being granted citizenship, one may reside and work in any of the twenty-seven countries comprising the European Community.

Work-permit-holders, or retired persons, may be accompanied by their children under age 18 and their “partner”, to whom a work-permit may also be issued. “Partner” is defined as the person to whom one is lawfully married or with whom one has been living as spouses for at least two years. The definition recognises same-gender couples but not multiple wives.

Permanent Residence

British Law provides a mixture of means to obtain permanent residence in Britain for those who have not been granted asylum in Britain. One approach is to have remained in Britain for five years on a qualifying work-permit or as a self-sustaining retired person. Another method is based upon length-of-residence; viz., ten-years of continuous lawful non-immigrant status or fourteen continuous years of lawful and/or unlawful residence. Finally, permanent residence is conferred upon the spouse of a U.K. citizen or permanent resident after two years of British residence;, or, if they have lived together for at least four years prior to entering, the sponsored spouse enters Britain with ‘indefinite leave’.

With respect to work-permit-holders, the qualifying work-permits are those issued for a specific employer or those conferred under a migrant labour scheme, such as the Highly Skilled Migrant, Innovator, Business or Creative Endeavour programmes, as well as the ancestral work-permit. Work-permits issued pursuant to a work/study agreement for Commonwealth youth, or others, do not qualify in this category.

The other category requires ten years of continuous residence, be it on as a visitor, student or work-permit-holder. Any combination of these non-immigrant authorizations will suffice. Thus, one who had been a student in Britain for six years and on a work/study visa for two years before converting to an HSMP work-permit may apply for “indefinite leave to remain”, which is to say, for ‘permanent residence’, after two years on the HSMP work-permit, whereas those whose British residence began with an HSMP work-permit could not apply until four years had passed.

“Continuous residence” permits absences totaling six months within the five-year period. A stay abroad exceeding ninety days breaks the continuity, eliminating all the time previously acquired.

Big Ben, Wertminster, London

British Citizenship British law confers citizenship under both lex sanguinis and lex solis, which is to say “by blood” and “by sun”. Thus, those born abroad to a British subject or those born in Britain to parents of any nationality are British by birth. Others may obtain British citizenship by naturalisation, a process which, as of January 2007, is usually completed in under seven months. Naturalisation may occur one year after the applicant has been granted “indefinite leave to remain” in Britain. Before taking the oath of citizenship, an applicant must be: at least age 18, conversant in English, Welsh or Scottish Gaelic, of “good character”, of sound mind, not been in breach of the immigration law during the preceding five years have a basic knowledge of Britain and in compliance with the residence requirements.

Residency Requirement

Applicants who are not married to a British citizen must have resided in Britain for six years, one year of which must have occurred after having been granted “indefinite leave to remain”. During this period, the applicant may have been absent from Britain for 540 days; and, during the twelve months preceding application, may not have been absent from Britain for more than ninety days.

The spouse of a British citizen may apply for citizenship after three years of residence in Britain, during which time they may be abroad for up to 270 days, but may not have been absent from Britain for more than ninety days in the twelve months preceding application.

Children under age 18 may not become citizens by application. However, they may become “registered” British citizens if both parents give such consent at the time a parent naturalises.

British citizens may reside abroad indefinitely, and their children born abroad will be British, too. In addition, British citizens have the right to reside and work in any country in the European Union.