The rights to British citizenship - Free Essay Example

Sample details Pages: 7 Words: 1993 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Essay any type Did you like this example? Question A I am asked to advise a number of parties in relation to their right to British citizenship. From the statement of facts, it is clear that all the parties are related by way of family to a British father, Andrew. In relation to his wife Barbara, a Canadian national, the most appropriate course of seeking British citizenship would be to seek naturalisation as a British citizen in accordance with section 6 and schedule 1 of the British Nationality Act 1981. Don’t waste time! Our writers will create an original "The rights to British citizenship" essay for you Create order Under these legislative provisions, there are a number of requirements that one must meet in order to be naturalised as a British citizen. Additionally, these requirements are different for Barbara’s circumstances, as she is seeking naturalisation as the wife of a British citizen. These include: Being of good character; A sufficient knowledge of English; A knowledge of life in the United Kingdom; Being the husband/wife/civil partner of a British citizen at the time the application was lodged; A requirement of UK residency for three years preceding the date of the application (and not being outside the UK for 90 days during this period).[1] Upon analysis of these stringent legislative requirements, it is clear that Barbara could not be afforded naturalisation as a British citizen, as Barbara does not satisfy the three-year residency requirement. Additionally, Barbara does not meet the Crown service requirements which would allow for an exemption from the residency requirement rule.[2] Therefore, in order to be naturalised as a British citizen in this regard, one must already be living legally in the United Kingdom under some form of existing entry clearance, and then seek to become naturalised as a British citizen while still in the UK. There is no scope under section 6 of the British Nationality Act 1981 to seek exemption from this rule, and reliance upon earlier legislation, due to the marriage occurring prior to commencement of the 1981 Act. In regards to Catherine, Andrew’s daughter born in the UK in 1978, reliance must fall upon the Immigration Act 1971, given that Catherine’s birth pre-dates the commencement of the British Nationality Act 1981.[3] As such, it is important to consider the relevant provisions from the 1971 Act that concern Catherine’s circumstances. The 1971 Act mainly refers to the ‘right of abode’, and specifies that: All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.[4] Additionally, the 1971 Act also specifies the substantive requirements to be granted the right of abode, and says: A person is under this Act to have the right of abode in the Isle of Man if- (a) he is a British citizen†¦[5] While this may seem to be an initially problematic and contradictory set of provisions, it is important to note that, prior to the commencement of the British Nationality Act 1981 in 1983, birth within the UK was sufficient in itself to grant UK citizenship onto a person. It was not until the 1981 Act was introduced that the rules relating to British citizenship became more challenging and restrictive. Therefore, due to the absence of any legislative provisions to the contrary, it can be concluded that Catherine can be registered as a British citizen, due to her being born in the UK prior to the commencement of more restrictive legislation in the early 1980s. In regards to Andrew’s second daughter, Deborah, who was born outside the UK in 1983, one must turn to the provisions of the British Nationality Act 1981. Given that Deborah is no longer a minor, and must now make an application for British citizenship of her own accord, she is unable to rely on the provisions relating to children born outside the UK.[6] As such, she must rely on the provisions relating to acquiring British citizenship by des cent, which are outlined in section 2 of the 1981 Act. The relevant legislation reads: A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother— (a) is a British citizen otherwise than by descent†¦[7] Given that it has been established that Andrew is a British citizen otherwise than by descent (i.e. he was born in the UK), it is clear that Deborah will be granted UK citizenship upon application. Question B There are processes that exist which allow a person, who has legally been in the United Kingdom for long enough, to apply to become a British citizen. The processes available differ depending on one’s circumstances. It would appear that, based upon Rizwan’s circumstances, the most appropriate method of applying to become a British citizen would be to seek naturalisation. This process is governed by the British Nationality Act 1981. Under these legislative provisions, there are a number of requirements that one must meet in order to be naturalised as a British citizen. These requirements are significantly different to those required of someone who is seeking naturalisation as a husband/wife/civil partner of a British citizen. These include: Being of good character; A sufficient knowledge of English; A knowledge of life in the United Kingdom; An intention to maintain their home in the United Kingdom; A requirement of UK residency for five years preceding the date of the application.[8] Obviously the first hurdle for Rizwan to overcome would be to meet these requirements. In terms of the residency requirement, it would appear that Rizwan meets this criterion, as the facts indicate he has already been in the UK for five years on a work permit. This is perhaps the most stringent criteria to overcome in the immigration process, and it appears that Rizwan passes it quite considerably. The remaining requirements seem to be more of a subjective determination to be made by an immigration official, such as being of sound mind and character. Perhaps the other most daunting task for Rizwan to overcome in order to seek British naturalisation would be to show that he has sufficient knowledge of life in the UK so as to live freely here. This knowledge is tested by way of a written test, which is presented in English. Generally, applicants must demonstrate that they are proficient at speaking and writing English at a certain standard before they will be permitted to sit the test, either by presentation of a certificate attesting to ESOL Level 3, or by undertaking a course to attain same.[9] The test consists of 24 questions which are drawn from information presented in the publication â€Å"Life in the UK: A Journey to Citizenship†, available from the Stationary Office.[10] Thus, Rizwan would need to be proficient in the information contained in this publication before sitting the test, in order to maximise his chances of passing the test first time. Additionally, Rizwan would be responsible for paying the  £34 fee for the test.[11] Upon successful completion of the test, Rizwan will receive a pass notification letter which he can then attach to his application for British naturalisation on form AN, as proof that he has passed the knowledge of UK life test. The test should be completed before a formal application is submitted. In summary, the procedures for Rizwan applying to become naturalised as a British citizen are relatively straightfo rward. It is assumed that, as Rizwan has five years of working experience, he will have some understanding of the English language. Additionally, he may also have some practical knowledge of life in the UK, which will help come time to undertake the UK life knowledge test. There is every likelihood that Rizwan’s application will be approved, provided he adheres to the strict procedures of applying to do so. Question C A question has been raised as to whether British immigration law takes sufficient account of a British resident’s wishes to maintain their family life in the UK. In order to make such an assessment, it is fundamentally important to consider the relevant legislative provisions relating to the issue. Firstly, it is important to note that, in order to become naturalised as a British citizen where one has no marital link to the UK, one must prove that there is sufficient intention to maintain their home in the United Kingdom.[12] This represents not so much a wish but a requirement. However, if one was to attempt to naturalise as a British citizen, with a marital link to the UK (e.g. husband or wife), the standards are a little more relaxed. There is no specification for a requirement that says one must maintain their home in the UK after naturalisation,[13] thus indicating a gap in the law in regards to this. Essentially, it appears that the law is significantly more restrictive on those who are seeking naturalisation who come from overseas, without a UK link, rather than those that have effectively married into the UK. While people in either circumstances may already have entry clearance and, possibly, indefinite leave to remain in the UK, the law does take into account an foreign British resident’s wishes to maintain family life in the UK, whereas it does not for those that have (effectively) already started a family with a UK spouse. The above mentioned scenarios highlight key comparative examples of particular times where the UK immigration law can conflict in relation to taking into account one’s wishes to maintain a family life in the UK. It is also important to consider relevant provisions of the Immigration Rules in order to make a more substantive determination. Perhaps one of the most key provisions in the Immigration Rules on this issue is in relation to spouses who intend to enter and remain in the UK with their partner. Under Rule 281(iii), there is a requirement that the two persons who seek to have the spousal status approved for entry will permanently live together following the approval of such a status. It also prescribes for the marriage to be â€Å"subsisting†,[14] in other words that it continues to flourish and work. This promotes the idea that the two people will maintain a family life in the UK. In summary, while the immigration law can be conflicting in some circumstances, it is clear that it does take sufficient account of a person’s wishes to main tain family life in the UK upon being granted leave to remain. The law in fact requires, in many circumstances, that people do so in order to be continually granted leave to remain in the UK, or even granted entry at all in some instances. It would be difficult to contend that the law does not provide for maintenance of family life based on the few examples (of many) that exist in UK immigration law. Bibliography Books Clayton, G, Textbook on Immigration and Asylum Law (2004), London: Oxford University Press Jackson, D.C., and Warr, G (eds), Immigration Law and Practice (2001), London: Sweet and Maxwell Karatani, R, Defining British Citizenship: Empire, Commonwealth and Modern Britain (2003), London: Frank Cass MacDonald, I.A., and Webber, F (eds), Immigration Law and Practice in the United Kingdom (2005, 6th ed), London: LexisNexis Butterworths Legislation British Nationality Act 1981 Immigration Act 1971 Other Sources Border and Immigration Service, ‘Knowledge of Life in the UK’ (2007) lt;https://www.ind.homeoffice.gov.uk/applying/nationality/knowledgeoflifeintheukgt; at 18 April 2007 1 Footnotes [1] British Nationality Act 1981, sch 1 paras 3-4. [2] British Nationality Act 1981, sch 1 paras 3-4. [3] British Nationality Act 1981, s 1. [4] Immigration Act 1971, s 1(1). [5] Immigration Act 1971, s 2(1). [6] British Nationality Act 1981, s 3. [7] British Nationality Act 1981, s 2(1). [8] British Nationality Act 1981, sch 1 paras 5-6. [9] Border and Immigration Service, ‘Knowledge of Life in the UK’ (2007) lt;https://www.ind.homeoffice.gov.uk/applying/nationality/knowledgeoflifeintheukgt; at 18 April 2007. [10] Ibid. [11] Ibid. [12] British Nationality Act 1981, sch 1 para 5. [13] British Nationality Act 1981, sch 1 para 3. [14] Immigration Rules, rule 281(iii).

Gender Inequality in Education - 757 Words

Gender inequality is frequent in all institutions in the world. From media to family to religion and even education there are inequalities that either males or females deal with on a daily basis. The culture that we live in is one dominated by masculinity and in each of these institutions, women are the who struggle to reach an equal level of men. In academia, which is education at the college and university level women are strongly unequal to their male counterparts. They are found to have less jobs than men in academia, lower pay, and much more pressure upon them from their home lives. While women have made great strides in academia they are still not at a level to their male counterparts, but women will continue to grow and hopefully able to get to a equal part as their male professors. Female professors in academia are growing every year but they are much lower than male professors. Right now the majority of people in college are women and they continue in graduating more frequently than men (Watson, 2004).The question becomes why do women not follow up with post-grad education and become professors? Graduate school is an extremely time consuming and the role that society puts on women greatly hinders their progress to the upper levels of academia. Women who do however graduate with their PhD’s and go to find work in academia find it a struggle between their lives at home and at work. Research was done looking at the percent of women and men who go on to achieve tenureShow MoreRelatedInequality Between Gender And Education2181 Words   |  9 PagesThis essay will provide evidence of how inequalities are found in both gender and education, and will show how these inequalities intersect. An important tool in overcoming any form of oppression and injustice is education, education withholds the power to destroy, to correct and to defeat (Bagher and Hanna, 2016). Sociologists argue that gender inequalities in education, particularly the more rapid improvement in girls’ results, can be best explained by external and internal factors. This essayRead MoreThe Inequality Within Education With Sex And Gender1850 Words   |  8 Pageswill examine the inequality in education that is present in our society in accordance with sex and gender. In recent years, females have been outperforming males in all subject areas. The term sex refers to the biological characteristics of a person’s body that makes them either male or female while gender refers to someone being masculine or feminine. (Stoller 1968, p.9) This essay will demonstrate why males are underachieving in the education system looking at it in terms of gender and sex differencesRead MoreGender Inequality and Post-Secondary Education in Canada2381 Words   |  10 Pagesï » ¿ Gender Inequality and Post-Secondary Education in Canada INTRODUCTION Historically, gender differences have been at the core of social and economic injustice and women have faced fundamental disadvantages (Tepperman Curtis, 2011, p. 351). Despite recent changes in formal equality – the introduction of protection for women in the Constitution Act, 1982 and the Charter of Rights and Freedoms, for example - informal barriers are still present which lead toRead MoreHow Education Is Affected By People s Socioeconomic Status, And Gender Inequality905 Words   |  4 PagesThe Earth was once focused on war but now society has shifted our attention to humane equivalence and malady’s bombardment. Three of these issues are Ebola, how education is affected by people’s socioeconomic status, and gender inequality. Thousands have died and many are in danger from the effects of Ebola. In 2013, the pestilent virus began in Guinea where it then meandered into Liberia, Sierra Leone, Nigeria and Senegal. The African countries are now facing challenges to fight and prevent theRead MoreGender Inequalities And Gender Inequality922 Words   |  4 PagesGender Inequalities in Education Judge Sonia Sotomayor states, â€Å"Until we get equality in education, we won t have an equal society. That quote resonates throughout the world because of gender inequality in education. Researchers believe gender inequality still exists in the 21st century. Through research, controversial opinions exist about inequality in schools and what has been done to address this situation. What is gender equality? Gender inequality refers to disproportionate dealing or assessmentsRead MoreAchieving Gender Equality : Education1520 Words   |  7 PagesAchieving Gender Equality: Education in China In Gish Jen’s short story Who s Irish?, the main character is a determined Chinese grandmother who moved to America with her husband when she was a young woman, and now, in her old age, she is nearing her limit when she cannot handle her granddaughter s behavior and how she is being raised. The story was written in 1956 and while reading it a question of interest grew in knowing about gender inequality in China and if it has changed in the last severalRead Moreâ€Å"Gender Inequality Exists to Some Extent, in Most Areas of Society, in All Countries of the World†. Geographically Examine This Statement.841 Words   |  4 Pagesâ€Å"Gender inequality exists to some extent, in most areas of society, in all countries of the world†. Geographically examine this statement. Gender inequality refers to unequal treatment or perceptions of individuals based on the gender. It arises from differences in socially constructed gender roles, behaviors, and activities and attributes that a given society deems appropriate for men and women. For two years Iceland is the number one country for gender equality followed by Norway in second,Read MoreFactors of Social Inequality723 Words   |  3 PagesDISCUSS FIVE FACTORS OF INEQUALITY IN OUR SOCIETY. Gender refers to socially constructed roles and responsibilities of women and men. The difference in roles and responsibilities among women and men stems from our families, societies and culture. The concept of gender includes our expectations about the characteristics, attitudes and behaviours of women and men, and is vital in facilitating gender analysis. The different roles, rights and resources that both the genders have in society are importantRead MoreGender Inequality : Developing Countries And The Reason For The Human Development963 Words   |  4 PagesSince the beginning of time gender inequality has been an obstacle towards the human development of countries around the world. The Human Development Index was created to showcase the average achievement of males and females. However, females have been oppressed of their opportunities throughout time, which contradicts the main idea of the Human Development Index. To understand the difference between developed and develop ing countries and the reason for the gender gap between males and females thereRead MoreGender Inequality : A Critical Issue That Affects Women s Rights1662 Words   |  7 PagesGender Inequality Research Paper Gender inequality is a critical issue that affects more women than their male counterparts all around the world. Gender inequality is a form of legal discrimination towards women’s rights. In order to progress and grow as a community and society, gender equality needs to be acknowledged. According to LISTVERSE, the top ten â€Å"extreme† examples of gender inequality towards women that exists around the world today, specifically in the Middle East and North Africa, are

Worldview of Nichiren Buddhism free essay sample

The major problem for human is as human cannot avoid and every human must go through Born(? ), Old(? ), Suffering(? ), and Death(? ). This also the reason why Shamuniyah leave his luxary life as prince and go for journey to discover the reason and salvation. As mentioned before, all human have Buddha nature and they can manifest Buddha nature and challenge any difficulties around us by evoking Nam-Myo-Ho-Renge-Kyo ( ) Ritual and Symbols Ritual are actions repeated according to exact required order and it also serve the way of human communicates with God. The prayers will face Gohonzon morning and evening everyday. The Gohonzon actually is the mirror image of the prayer. It is a practises which named as Gong-Kyo ( ). Gohonzon( ) is the object of devotion in Nichiren Buddhism. Go means â€Å"worthy of honour† and honzon means â€Å"object of fundamental respect†. The prayers carry out their daily practice to the Gohonzon, a visual representation of the life-state of Buddhahood inherent in all people. We will write a custom essay sample on Worldview of Nichiren Buddhism or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Life after deathPeoples always wondering where will they go after died and that why religion is exists and required to provide an answer. But, different religion will interpret different view and perspectives about the issue. In Nichiren Buddhism, lifes is internal and there is no external or last forever ( ). A person’s life comes from the universe and it will go back universe when the person died. Then, the person will be reborn again, but it might not on earth gain, it may goes to other planet or will be reborn in other form.