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Giambrone & Partners' immigration team advises and assists a range of individuals who require assistance with immigration matters in Italy, Spain, Portugal, and those who wish to adopt British citizenship in a wide range of applications leading to dual nationality.
Immigration law is complex and changes continuously and now, more than ever, impacts significantly on the lives of European Union citizens living in the UK. Our lawyers’ well-deserved reputation and breadth of specialist knowledge combine to make Giambrone & Partners is one of the leading immigration service providers. Giambrone & Partners immigration teams also assist with Italian immigration and Spanish Immigration
The UK is often the country of choice for many young Europeans hoping to expand their experience and forge a career, countless Italian and Spanish citizens have made Britain their home. Since Brexit and the loss of freedom of movement and residence in Britain for EU citizens, the possibility of dual citizenship has become a serious option.
Giambrone & Partners can help guide you as to the best route for you and your particular circumstances, helping you with the challenges and taking you step by step through the process ensuring that your application is sound and will not fail due to an avoidable error or breach.
If you have had an application rejected due to incorrect documentation, we may be able to assist with a re-application.
The lawyers in our immigration teams have years of experience in advising and assisting EU citizens with all aspects of the steps to dual British citizenship. Our lawyers offer pragmatic solution-based advice based on your individual circumstances, including assisting with navigating complex applications.
Where necessary, our immigration team can draw on the expertise of our lawyers in associate practice areas and also those in our European offices. Giambrone & Partners' lawyers are multi-lingual and can discuss your situation in your own language to ensure complete clarity and avoid misunderstandings. We ensure that you have a comprehensive understanding of all the requirements that need to be met to achieve British citizenship, including the supporting documentation necessary.
Our lawyers take a realistic approach and have a track record of satisfactorily resolving complicated issues for our clients, including managing discretionary waivers. We fully recognise that the situation has changed between the EU and Britain and our clients need to be certain of their position to enable them to remain in the UK.
The first step to achieving British citizenship is to apply to the EU Settlement Scheme. EU citizens also EEA, (which includes Iceland, Liechtenstein and Norway).and Swiss citizens can apply to the EU Settlement Scheme in order to remain living in the UK after 30 June 2021. Your dependent family can also be included in the application. Giambrone’s immigration lawyers will assist you with your application and ensure that all your documentation is in order.
To make an application you will require the following evidence:
You must declare all criminal convictions, even those committed overseas. The Home Office will check anyone over the age of 18 years to establish whether you have committed serious or repeatedly committed crimes and whether you are considered to pose a security threat.
However, “spent” convictions do not require disclosure, nor do “warnings” or alternatives to prosecution such as fines. You will be checked against the Home Office database. Minor crimes will not count against you and you will still be eligible for pre-settled or settled status. However, if you have been to prison, your five years continuous residence starts from the day you were released.
If successful, it will result in receiving either pre-settled or settled status. The status you receive depends on how long you have been living in the UK.
If you have pre-settled status you can upgrade to settled status enabling you to remain in the UK for an additional five years from the date your status was granted. You will need to apply again to the EU Settlement Scheme, this must be done before your pre-settlement status expires.
If you left the UK for more than six months in a 12 month period during your period of pre-settled status you may not be eligible for settled status.
The five year period that you may remain in the UK begins from the first day you arrived in the UK
You are permitted to:
You will have the right to remain in the UK and to apply for British citizenship.
You can spend five years in a row outside the UK without losing your settled status.
If you have a valid UK Permanent Residence Document in the form of a certificate inside your blue ‘residence documentation’ booklet (or pink if you’re a Swiss national) or a certificate inside your passport, your application to the EU Settlement Scheme will not require proof of five years continuous residence in the UK.
There are a number of conditions attached to ILR. Giambrone & Partners' immigration team will be able to establish whether any of the qualifying criteria apply to you, The following are examples:
If you have ILR you can remain living in the UK. The advantage of applying to the EU Settlement Scheme is you can spend up to five years living outside the UK as opposed to two years under ILR.
You are eligible to apply for British citizenship following five years legal continuous residence in the UK and also have, in the past 12 months, had one of the following:
From 1 January 2021 if you had permanent residence prior to obtaining Settled Status the time under permanent residence can count towards the 12-month requirement following five years permanent residence.
There are a number of criteria for application for British Citizenship, as follows:
Other ways leading to British citizenship are:
Giambrone & Partners' immigration teams can discuss your individual situation with you and advise you on the best route to British citizenship. If your application is not straightforward our lawyers will be able to assess your circumstances and provide a realistic assessment of your situation and likelihood of success.
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