Scouse Mouse wrote:I have two options to obtain the documentation needed to satisfy the Employer I can legally work in the UK, a Biometric Residence Permit or British Citizenship. From the Home Office helpline I was led to understand once an application for British Citizenship has been received, the reference number issued will satisfy the right to work checks, the same as a Biometric application.
Except that it's not clear that an application for
citizenship will trigger a Certificate of Application that allows a right to work. It's very unusual for someone in the U.K. to apply for UKM. Most people with ILR or Right of Abode would be applying for naturalisation instead.
From what's been said above the home office are not applying the good character requirement to UKM or UKF Citizenship application?
Those requirements will still be applied (although to a lesser extent) to any Biometric application?
Should I take the chance of applying to register for British Citizenship through UKM, or safer to apply for a Biometric?
Would you advise I consult an immigration lawyer first?
Based on Obie's comments, the Home Office may not be applying the good character requirement to UKM/UKF cases but unless they update the published guidance, you likely find out by actually applying.
Consult an immigration solicitor? Maybe- but only if that solicitor has actually handled similar cases before. The one thing an immigration solicitor could clarify is whether your bankruptcy issues could impact your ILR status. As far as I understand it is unusual for bankruptcy to impact ILR (I cannot see any related questions on the NTL form) but it is something you would want to check before drawing attention to yourself.
Scouse Mouse wrote:Why I wonder has the law not been challenged to give automatic citizenship by descent to children born to a British mother? Could it be challenged?
Anything can be challenged if you have enough time and money- challenging it successfully is another question. Parliament decided not to automatically confer British citizenship, in part because some of those concerned might not wish to have British citizenship. Especially if they hold another citizenship from a country that restricts dual citizenship. I would be difficult to show that the arrangements already in place are unreasonable.
Can you help me understand how I have indefinite leave to live and work in the UK yet since 2014 I no longer have the right to work in the UK?
Or do I still have the right to work in the UK, just not able to be offered that work? Can I still work as self employed?
You have the right to work- what you are lacking is
evidence of the right to work. Others may comment further, but you may well be able to work as self-employed provided a potential customer is not under similar requirements to verify your status before offering you a contract. Perhaps ask on the General U.K. Immigration forum- or discuss with an immigration solicitor?
Scouse Mouse wrote:That's interesting about claiming Irish Citizenship as my Great Grandparents were Irish. However they left Ireland before the turn of the 20th century and my grandfather was born in St Helens in 1901.
As the Foreign Births Register wasn't created until 1956 they wouldn't have been able to register him as an Irish Citizen would they? So that avenue seems closed to me?
Your grandfather was automatically Irish under the 1956 Act (first generation Irish by descent) and your mother would have been eligible for registration as an Irish citizen under the Foreign Births Register. If she had registered before 1 July 1986, her citizenship would have been retroactive to the earlier of her date of birth or the commencement of the 1956 Act- in that case, you would likely be eligible to register as an Irish citizen yourself. However, the number of persons in mainland Britain who actually claimed Irish citizenship by Foreign Birth Registration between 1956-1986 is, as far as I understand- quite low.
This is not intended to be legal or professional advice in any jurisdiction.
