Sunday, November 8, 2009

Citizenship here is how it works in Europe - UNITED KINGDOM

UNITED KINGDOM
Normative references
British citizenship is regulated by the British Nationality Act 1981 came into force on 1 January 1983, some changes were introduced, among others, with the British Overseas Territories Act of 2002 [6], the Nationality, Immigration and Asylum Act 2002 [7], the Immigration, Asylum and Nationality Act of 2006 [8].


The discipline of citizenship
The institution of citizenship is articulated in different forms on three separate territorial areas: so that is covered not only British citizenship itself - on the United Kingdom, the Channel Islands and the Isle of Man - but also the British Dependent Territories Citizenship and British Overseas Citizenship. In the second and third cases, special rules are set down for citizenship.
Birth in the United Kingdom


It is a British citizen at birth if one parent is a British citizen or is authorized by the competent authority to reside permanently in the United Kingdom (known as settlement, "establishment"), that is no longer succumb to time limits of stay dictated immigration law (Immigration Act of 1971, as amended), nor be more so in an irregular situation.


When the time of birth of the child neither parent is a British citizen or is established in the United Kingdom, there are several ways to acquire citizenship.


First, if one parent later becomes a British citizen, or is entitled to establish (to settle) the child can apply for "naturalization" but before the age of majority.


The child may also apply if you have lived in the UK for the first 10 years after the birth, not being absent for more than 90 days in each of these years. In this case there are no time limits.


Naturalization of foreign nationals
If a person is married to a British citizen, the acquisition of citizenship is relatively simple. The applicant must prove that: he has the highest age is established (settled) in the UK (no matter when); lived there legally for at least 3 years and has not been absent from the country for more than 270 days in this period and for no longer than 90 days in the year preceding the application, satisfies a state of mental health (sound mind and good character) and integrity (in other words is in order for tax and criminal).


If a person is not married to a British citizen, the law imposes instead a set of requirements more onerous. The applicant must prove that: he has the highest age is established (settled) in the UK for at least 1 year; lived there legally for at least 5 years and has not been absent from the country for more than 450 days in this period and no more than 90 days in the year preceding the application, satisfies the above conditions of mental health and integrity; intends to continue living in the United Kingdom.


Since 1 November 2005, all applicants must: pass a test demonstrating adequate knowledge of English, Welsh or Scottish Gaelic (Entry 3 level of English for Speakers of Other Languages - ESOL), pass another test to demonstrate "sufficient knowledge of life in the United Kingdom", in the form of questions on social and civil institutions of the country for a total duration of 45 minutes [9] and local involvement to a "citizenship ceremony" in connection with the granting of itself, which provides for an oath ceremony (Oath and Pledge to the United Kingdom).


The two tests can be sustained after following special courses offered by accredited and are paid for the candidate.


The Ministry of Interior (Home Office) may refuse the application for citizenship in theory but not the obligation to give reasons, but the Court has required that it should convey, in principle, the reasons for the rejection and that applicants can submit comments before the final decision. There is no general right of appeal (right of appeal). Instead, you can submit a new application.


Under anti-terrorism legislation, the same ministry may decide to deprive a person of British citizenship if it had engaged in acts seriously prejudicial to the vital interests of the United Kingdom. This power is added to the revocation of citizenship, already foreseen in case of fraud, misrepresentation or concealment of facts.

In both cases it is possible the right of appeal.


Finally, it allowed the possession, by the person who receives the British nationality, other nationalities, provided this is permitted by the State of origin.

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