Naturalisation & Citizenship
British Citizenship
This is gained when you apply for “British Citizenship” by way of Naturalisation. You must be a permanent resident person with indefinite leave to remain already endorsed on your passport. You can apply because you are married to a British Citizen, or that you have a residence visa for 5 years, on the basis of Ancestry, Right of Abode, Irish Ancestry, or if you are a Spouse and / or Dependants of European Union National. If you are applying for naturalisation on or after the 1 November 2005 you will need to prove knowledge of life in the UK as well as your English language ability. This will apply to all adult applicants (those 18 years and over).
If your application is received in the Home Office before 1 November 2005 you will not need to include evidence of knowledge of life in the UK but you will still have to show that you have sufficient knowledge of English. It is important that you provide the right information with your application; otherwise it may
be returned or refused. There are different ways in which you can do this.
- If you are already at or above ESOL (English for Speakers of other languages) Entry 3 standard of English you will be able to undertake aspecially developed computer-based short test called the "Life in theUK Test". The test will be available at a number of different sitesaround the UK.
- If you are below this level, you will need to complete an "ESOL with citizenship" course successfully at the appropriate level for yourlearning needs.
- If you are aged 65 or over, or if you have a physical or mental impairment, you may not have to meet either the language requirement or the knowledge of life in the UK requirement.
If you think you qualify for exemption, you can apply by ticking the appropriate box at section 1.20 of the naturalisation application form.
Advice
Always
- You must be aged 18 or over and not of unsound mind;
- You must be of good character;
- You should have a sufficient knowledge of the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if one is old or mentally handicapped;
- You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom;
- You should have fulfilled the five-year requirement as detailed below.
If you are relying on the 5 year rule
Always
- You must have been in the United Kingdom at the beginning of the five year period; and
- In the five year period the candidate must not have been outside the United Kingdom for more than 450 days; and
- In the last 12 months of the five year period the candidate must not have been outside the UK for more than 90 days; and
- In the last 12 months of the five year period the candidate's stay in the United Kingdom must have been not subject to any time limit under the immigration laws;
Never
- You must not have been in the United Kingdom in breach of the immigration laws at any time in the five-year period.
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If you are relying on your Marriage
Always
The requirements are as follows:
- You must have been in the United Kingdom at the beginning of the three year period; and
- On the date that the candidate's application is received in the Home Office, her/his stay in the United Kingdom must be not subject to any time limit under the immigration laws; and
- In the three year period the candidate must not have been outside the United Kingdom for more than 270 days;
NEVER
- The candidate must not have been in the United Kingdom in breach of the immigration laws at any time in the three-year period
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If you are relying on your Ancestry
A child born, whether in the UK or anywhere else in the world, BEFORE 1st January 1983, is a British Citizen if at the time the father was a Citizen of the United Kingdom and Colonies. However, a child born in the UK after 1st January 1983 will only be a British Citizen if:
- At the time of the birth, the mother or father of the child is either a British Citizen or settled in the UK; and
- The father was married to the mother at the time of the child’s birth.
A child born outside the UK after 1st January 1983 will only be a British Citizen by descent if:
- At the time of the child's birth the father or mother of the child is a British Citizen by birth, adoption, registration or naturalisation, but not by descent.
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Right of Abode
A person who is a dual national (holds two nationalities), is entitled to hold a Right of Abode stamp in the foreign passport to enable travel into the UK without any hindrances should they wish to travel into the UK on the second passport.
It is also possible to have the Right of Abode if, as a Commonwealth National, you are a person who has a British born parent at the time of your birth, or if you are a Commonwealth woman married to a British Citizen on or before 1st January 1983. A person with the right of abode if not already British, may also apply to register as a British Citizen. |
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