Wesley Gryk Solicitors LLP

Specialists in UK immigration and nationality law

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Helpful new guidance makes it easier for children to register as British citizens

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17th November 2022 By Swabra Natabi

If a child is born in the United Kingdom and lives here until they turn 10 years old, they may have an entitlement to register for British citizenship. However, if they are born outside of the United Kingdom and move here as a child, they have no entitlement to citizenship, even if they, too, live here for 10 years. Fortunately, the Home Office recently updated their citizenship guidance meaning that children in this situation have a much better chance of registering as British citizens.

Section 3(1) of the British Nationality Act 1981 (BNA 1981) states that ‘if while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen’. This means that the Home Office can exercise a wide discretion to register children as British citizens. They have published detailed guidance setting out the circumstances in which they will do so.

On 19 July 2022, the Home Office updated its guidance relating to the registration of children as British citizens under Section 3(1) of the BNA 1981, specifically for those who were not born here but have lived in the United Kingdom for more than 10 years. The reason for this change is to recognise that 10 years “constitutes a significant period of residence for a child to demonstrate a strong connection with the UK”, irrespective of whether they were born here.

Children who have lived in the United Kingdom for more than 10 years

Children born abroad who have lived in the United Kingdom for more than 10 years will now “normally” be granted British citizenship under Section 3(1) of the BNA 1981 provided they meet all the relevant parts of the guidance as follows:

  • They are in the UK lawfully;
  • Their parents have regularised their own status;
  • Where necessary, both parents consent to registration or any objections by the non-applying parent are ill-founded; and
  • There is no reason to refuse on character grounds

Previously, the guidance stated that they would only grant British citizenship to a child in this scenario if they were an older teenager (16 years old and above) who had spent most of their life in the UK, on the basis that those were exceptional circumstances. This is a significant change which means many more children are likely to have successful British citizenship applications.

What if the child does not meet the criteria in the guidance?

There will still be children who have lived in the United Kingdom for more than 10 years, but cannot meet those criteria, for example because the child and/or their parents do not have lawful immigration status.

In this scenario, it is always open to those children to apply for registration at the Home Office’s discretion. However, as before, they will be expected to provide evidence of exceptional circumstances why they should be granted British citizenship, such as their length of residence, connection to the United Kingdom and proof that their future lies here.

The Home Office must always treat the best interests of the child as a primary consideration. These cases will be considered on their own merits. Therefore, immigration advisers should not be deterred from making these applications even if the child’s circumstances are not perfectly in line with this guidance. They must, however, ensure that these applications are well evidenced.

We have a lot of experience assisting children to register as British citizens. If you require advice in relation to this updated guidance, we would be happy to help. Please contact us on 0207 401 6887 or via email on contact@gryklaw.com.

 

Filed Under: Uncategorised

Wesley Gryk Solicitors maintains its top tier rankings for 2023

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20th October 2022 By Diana Baxter

We are delighted to announce that Wesley Gryk Solicitors LLP continues to be ranked as one of the UK’s leading Immigration firms by both Chambers 2023 and the Legal 500 2023.

WGS is ranked as a Tier 1 firm by the Legal 500 2023 for ‘Immigration: Human Rights, Appeals and Overstay’ and by Chambers 2023 for both ‘Immigration: Human Rights, Appeals and Overstay’ and ‘Immigration: Private’.

All of our three partners, Alison Hunter, Barry O’Leary and Diana Baxter, are ranked as ‘Leading individuals’ by the Legal 500, with senior solicitor Katie Dilger listed as a ‘Key lawyer’.

Described by Chambers 2023 as a “fantastic firm”, partners Alison Hunter (“absolutely fantastic”) and Barry O’Leary (“truly outstanding”) are ranked as Band 1 lawyers in two immigration categories, and Diana Baxter (“a star lawyer in the ascendant”) is in Band 2. For private immigration work, senior solicitor Katie Dilger is an Associate to watch.

We are particularly proud of our fantastic testimonials this year:

‘They know their stuff like no-one else. At Wesley Gryk, clients are guaranteed to have a service which is second to none. They are at the top of their game in relation to tactics, case preparation, and expertise in the areas of immigration law they practice in. Briefs are always prepared to an exceptionally high standard.’

‘Besides the outstanding technical competence, the relationship with clients is very humane, which provides much needed reassurance and comfort during stressful moments.’

‘The level of expertise demonstrated by Wesley Gryk Solicitors was exceptional. Their lawyers provided excellent guidance, and a deep understanding of the Home Office was used with good impact.’

 

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50+ Years A Gay Man: A Personal Life in A Historical Context – an essay by Wesley Gryk

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7th July 2022 By Barry O’Leary

For Pride month, the US Presidential Scholars Foundation & Alumni Association project ‘Scholar Perspectives on Societal Change: Sexuality, Gender, and Identity’ published an essay by our founder, Wesley Gryk. In that essay, Wesley recounts his very personal experience of being a gay man during more than half a century of what have been unprecedented historical positive changes in societal attitudes in some parts of the world. He cautions that the impact of such changes may often depend on the personal circumstances of the individual concerned and, in particular, warns against complacency, given that large swathes of the globe remain unaffected by such progress and, further, that such progress which has been achieved could easily be erased.

Read the essay here:

Wesley Gryk 2022 — Presidential Scholars Foundation




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SBS Partnership Extended for Women Fleeing Gender-based Violence

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31st March 2022 By Diana Baxter

We are pleased to announce the extension for another year of our partnership with Southall Black Sisters, a not-for-profit women’s rights organisation established to meet the needs of Black (Asian and African-Caribbean) women facing domestic and gender-related violence.

Under the partnership, SBS has funding to refer women who seek their assistance for legal advice and representation in immigration applications and appeals to experts in our team at Wesley Gryk Solicitors LLP. The partnership has been a great success during its pilot year in 2021, enabling us to represent women in immigration matters who are unable to access legal aid due to the nature of their immigration problem, but who cannot afford legal fees and disbursements.

In its pilot year, Wesley Gryk Solicitors LLP has advised and represented women fleeing violence from India, Pakistan, Jamaica and Zimbabwe. This has included: assisting victims of transnational spouse abandonment to return to the UK and obtain indefinite leave to remain as victims of domestic violence; assisting a woman with complex mental illnesses stemming from childhood sexual violence with a successful appeal under Article 3 ECHR based on her medical condition and risk of suicide on return overseas; and assisting a refugee fearing honour-based killing in Pakistan with a successful appeal to the Upper Tribunal following refusal at the First Tier Tribunal.

We look forward to another year working together with Southall Black Sisters to seek immigration solutions for women facing gender-related violence.

Filed Under: News and Updates, The Firm, Uncategorised

Updates to the Youth Mobility Scheme – but Indian Citizens will need to be patient.

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20th January 2022 By Barry O’Leary

Updates to the Youth Mobility Scheme


This month, UK Visas & Immigration has updated its guidance to caseworkers on the Youth Mobility Scheme.

The guidance has been updated to reflect the addition of Iceland and India to the scheme from 1 January 2022.

The guidance now states that an applicant must be one of the following:

• a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas) as defined by the British Nationality Act 1981

• a national or citizen of a country or the holder of a passport issued by a territory, listed in Appendix Youth Mobility Scheme: eligible nationals. The countries and territories listed in Appendix Youth Mobility Scheme: eligible nationals of the Immigration Rules are:

• Australia
• Canada
• Hong Kong
• Iceland
• India
• Japan
• Monaco
• New Zealand
• Republic of Korea
• San Marino
• Taiwan Page

However, potential Indian citizen applicants are going to have to be a little patient, the first Indian ballot has not yet been announced and the general guidance to applicants states:

India Young Professionals Scheme

Do not use this page to enter the ballot for the India Young Professionals Scheme. The ballot for Indian nationals is not open yet.

No date for the ballot has yet been given.

When the scheme does open, Indian Citizens will need to be aware that there are 3000 visas available per year (relatively few given the size of population) and Indian Citizens need to meet an extra requirement based on qualifications or work experience.

Filed Under: Uncategorised

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26 Jan

In December 2022, the High Court ruled that the way the government is implementing the EU Settlement Scheme is unlawful.

Our Beatrice Windsor (@bearosewindsor) explains the judgement: https://www.gryklaw.com/high-court-rules-that-potential-loss-of-rights-for-those-with-pre-settled-status-under-euss-is-unlawful/

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24 Jan

Our monthly partnership session went really well! Thank you so much to pro bono lawyers Karma Hickman
@BindmansLLP and Barry O'Leary @WesleyGrykLLP for their free advice to our #LGBTQ service users.🏳️‍🌈

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12 Jan

At the end of last year, the High Court ruled that the Home Office's plan to remove some asylum seekers to Rwanda was lawful. Our Elena Musa explains the judgment: https://www.gryklaw.com/high-court-rules-that-rwanda-plan-is-lawful/

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13 Dec

Tech Nation, one of the Global Talent endorsing bodies, has recently published a report about Global Talent visas.

Our Alison Hunter explains what this report says, assesses the likely impact on Global Talent applications and summarises the process: https://www.gryklaw.com/global-talent-in-the-uk/

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6 Dec

Moud Goba (@MsMGoba) has been named in the #BBC100Women 2022 list. Congratulations!
Thoroughly deserved recognition of her work with @MicroRainbow

BBC 100 Women @BBC100women

🚨 The #BBC100Women 2022 list is out 🚨

It features inspiring and influential women from all around the world.

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Wesley Gryk Solicitors LLP
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