Why more Americans are seeking British citizenship in 2025

As political and economic uncertainties continue to shape the global landscape, a growing number of Americans are setting their sights on the United Kingdom, not just for travel or business, but for a new life altogether.

The history of British nationality law has been marked by instances where individuals were unfairly denied British citizenship or were excluded from it. To address this historical legislative unfairness and offer a pathway for these individuals, the Nationality and Borders Act 2022 introduced Section 4L into the British Nationality Act 1981 (‘the 1981 Act’).

Thursday 22 June 2023, marks 75 years since HMT Empire Windrush docked in Tilbury, Essex in 1948.

This blog post examines the issue of how having more than one citizenship impacts asylum claims in the UK.

In February 2019, shortly after the launch of EU Settlement scheme for EU nationals to apply for their UK status, my colleagues and I visited one of our global media client’s offices to present on the new EU Settlement Scheme at a town hall meeting with all of their EU national employees. 

EU free movement rules ended for the UK on December 31 2020. As a result, recruiting an EU citizen who is not already living in the UK now involves a visa application.

Citizens’ Rights were one of the first and most important components to be negotiated and protected in the November 2019 Withdrawal Agreement.  However, whilst the rights of British citizens resident in the EU and EU citizens resident in the UK before 11pm on 31 December 2020 are protected, free movement of people ended on that date.

The coronavirus crisis has caused huge disruption across the world. The distress that it is causing is compounded in circumstances where intended parents of surrogacy children are in the middle of their surrogacy journey. In this blog, we address some of the most common issues people are experiencing and provide practical tips on how to navigate the current situation. These challenges include access to fertility treatment, pregnancy and birth, international travel restrictions, immigration status, parental orders and Wills among others.

Kingsley Napley assists with global immigration applications with the assistance of its well established local co-counsel partners, such as Tremblay Immigration, PC in Canada.  Here, Philippe Tremblay provides insight into the Canadian immigration options for Harry and Meghan.

The good character requirement in nationality applications has recently been put in the spotlight with Parliament’s Human Rights Committee expressing its 'deep concern' for children who are being denied their right to claim British nationality. We look at the application of the good character requirement to adults applying to naturalise as British citizens and the possible knock-on effect on their children’s applications to register as a British citizen.

With less than four months to go until the UK leaves the European Union (EU), we still don’t know what deal, if any, the UK will have with the EU. A big part of that deal relates to securing the rights of the more than 3 million EEA citizens living in the UK. While the Government has confirmed their intention to roll out the proposed Settled Status scheme regardless as to whether the withdrawal agreement is approved, those seeking greater certainty about their status and who are eligible, are looking to naturalise as British citizens. For some Europeans, the decision to naturalise is a simple one. For others, it may mean giving up their existing nationality.

Tough fees and bureaucracy put EU citizens off naturalisation. Making the process easier is win-win for both Home Office and society.

‘Positive, welcoming, liberal, forward-looking’. This is how Michael Gove summarised the Government’s approach to immigration only this week. Did he not get the Windrush memo? Immigration lawyers, human rights organisations and migrant communities have for years now tried to draw attention to the dangerous impact of the Government’s policy of establishing a ‘hostile environment’. However public discussion of immigration has instead focused on net migration figures and linking immigration to crime and a crisis in public services.  There has been publicity about successful appeals against deportation and doubts over the true age of asylum seeking children.

Since 13 December 2012, Americans coming to the UK with a visa issued under one of the popular ‘Points Based System’ categories, have been allowed to spend up to 180 days outside the UK in each 12 month period and still qualify for indefinite leave to remain at the end of five years. This 180 day period was calculated by looking back at each fixed 12 month period in the five years leading up to the date the applicant applied for indefinite leave to remain. Unfortunately, a change to the Immigration Rules which came into effect on 11 January 2018, has thrown this careful planning into disarray. The 180 day limit is now to be applied to a rolling 12 month period. This new calculation is also to be applied retrospectively and will impact anyone who applies for indefinite leave to remain after January 2018.

According to the Office of National Statistics, over a quarter (27.5%) of live births in England and Wales in 2015 were to women born outside the UK. It’s reasonable to assume that a number of other births were children with foreign fathers. What will happen to such families comprised of EU citizens when Britain leaves the EU? 

Avoiding the pitfalls when applying for indefinite leave to remain in the UK as partner

Our June 2017 global immigration update provides details of key changes to immigration rules in global jurisdictions. Countries in this month's issue include Australia, Sweden, Slovakia, Ukraine and the United States.  Please note that all immigration rules are subject to change and whilst correct at the time of publication, they should not be relied upon as legal advice or a statement of accuracy at a later date.

So, for the third General Election in a row, the Conservatives have decided to retain the target of reducing net migration to the tens of thousands in their manifesto. Despite failing comprehensively to achieve this in either of the last two parliaments and regardless of the voices from all sides of the electoral spectrum calling for it to be dropped, Theresa May will not be swayed.

The House of Commons has voted to reject the House of Lords amendment which sought to guarantee the rights of EU nationals resident in the UK before Brexit negotiations begin. This paves the way for Article 50 of the Lisbon treaty to be triggered later this month, when the two year negotiation process will begin for the UK to leave the European Union. Although this two year period can be extended with the agreement of all 27 members, it is unlikely in reality that this will be achievable. Whilst the government has stated that negotiations regarding the rights of EU citizens will be a priority once Article 50 is triggered later this month, until this issue is decided many EU nationals will remain in limbo in the UK with on-going uncertainties regarding whether or not they can continue to reside in the UK.

Theresa May’s eagerly anticipated speech on the UK’s starting point for negotiations on Brexit, has sketched a very broad outline of her intentions with respect to immigration from the EU moving forward. However when you get up close there is little new detail and her comments have, arguably, raised more questions than they have answered.