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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I am a NZ citizen and have lived in the UK for 25 years.

Resolved Question:

Hi,
I am a NZ citizen and have lived in the UK for 25 years. I came on a Right to Enter visa, because of a UK Grandperent on my mothers side, in 1985. I am now married to a British Citizen and have 2 Children born here. My question is I would like to remain but not especially interested in becoming a UK Citizen, I have heard that i can get a "red Label" in my NZ Passport that allows me entry into the UK, how do I obtain this?, also if I did pursue UK Citizenship, would I have to sureender my NZ nationality?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Who told you about this "red label", did they mention specifically what it said?

 

Tom

Customer: replied 3 years ago.

Hi Tom,

 

I sent you a reply yesterday, don't know if you recieved it, anyway, I was told of this "red label the last time I entered the UK, by a Passport Control Offical. I carry my original Passport with the "given right to enter for an indefinite period " stamp in it, I could probably persue UK Citizenship through my marriage but we are now seperating after 3 years, I didn't marry for a Passport, and would rather not get her involved, and would prefer to retain my NZ Passport with some kind of entry stamp in it, any ideas?

By the way, I am full time employed and a UK Tax payer.

 

Many thanks.

Expert:  Thomas replied 3 years ago.

Right.

 

Basically, a non-eea national can secure what is called Indefinite Leave to Remain in their passport confirming their right to remain in the UK. This means they can come and go provided they do not leave the country for longer than two years, otherwise the UKBA may revoke the indefinite leave if you are out of the country for longer than two years. A person can defend having it revoked on the basis of being able to explain the the absence and also proving strong family ties to the UK.

 

The stamp in your passport is, I believe, effectively ILR. So I assume you are free to come and go as described above.

 

In order to apply for naturalisation as a UK citizen a foreign national must first have ILR.

 

The eligibility criteria for naturalisation if you are now unmarried is as follows:-

  • You must be aged 18 You must be of sound mind.
  • You must intend to continue living in the UK
  • You must be able to communicate in English
  • You must have sufficient knowledge of life in the UK by passing the life in the Uk test.
  • You must be of good character.
  •  

    You must also meet the following residential requirments:-

  • been resident in the UK for at least five years (this is known as the residential qualifying period); and
  • been present in the UK five years before the date of your application; and
  • not spent more than 450 days outside the UK during the five-year period; and
  • not spent more than 90 days outside the UK in the last 12 months of the five-year period
  •  

    There is no restriction in etiher the UK or in New Zealand as to holding dual citizenship:-

    http://www.nzembassy.com/egypt/new-zealanders-overseas/new-zealand-documents/new-zealand-citizenship

     

    If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

    Kind regards,


    Tom

    Thomas, Solicitor
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    Experience: BA (Hons), PgDip, Practising Solicitor
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