British Citizenship
Under UK immigration laws, if you are not already a British citizen, you may be able to register or become naturalised as a British citizen. Depending on your current citizenship or nationality you may be able to apply in several ways.
NATURALISATION AS A BRITISH CITIZEN
If you are over 18 and have been living in the United Kingdom for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen. You may also be able to apply for naturalisation if you or your husband, wife or civil partner is in crown or designated service outside the United Kingdom.
If you are not married to or a civil partner of a British citizen, there are seven requirements that you need to meet before you apply:
- You must be aged 18 or over.
- You must be of sound mind.
- You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
- You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
- You must have sufficient knowledge of life in the UK.
- You must be of good character.
- You must meet the residential requirements for naturalisation, in that you must have:
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- 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; and
- not been in breach of the Immigration Rules at any stage during the five-year period.
In addition you must be free from immigration time restrictions when you apply for naturalisation. You should have been free from immigration time restrictions during the last 12 months of the residential qualifying period, although the UK Border Agency does have a discretion to allow applications from people who do not meet this requirement in appropriate cases.
If you are married to or a civil partner of a British citizen, there are seven requirements you need to meet before you apply:
- You are aged 18 or over; and
- You are of sound mind; and
- You can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
- You have sufficient knowledge of life in the United Kingdom; and
- You are of good character; and
- You are the husband, wife or civil partner of a British citizen; and
- Your husband, wife or civil partner is in Crown or designated service outside the United Kingdom; or
- You meet the residential requirements, in that you must:
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- have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
- have been present in the United Kingdom three years before the date of your application; and
- have not spent more than 270 days outside the United Kingdom during the three-year period; and
- have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
- have not been in breach of the immigration rules at any stage during the three-year period.In addition, you must be free from immigration time restrictions on the day you make your application.
REGISTRATION AS A BRITISH CITIZEN
Registration as a British citizen is possible in a number of different categories and the rules are complex.
If you are unsure whether you meet the requirements or which type of application to make you should contact us for advice.
We can assist with applications to register as a British citizen a child who has been born in the UK to a parent who has subsequently been granted indefinite leave to remain or British citizenship.
We can also assist with applications for registration as a British citizen if you are:
- a British overseas territories citizen, a British overseas citizen, a British protected person, a British subject or a British national (overseas); or
- a British overseas citizen, British protected person or British subject with no other citizenship or nationality; or
- a person who is eligible for registration as a British citizen under the British Nationality (Hong Kong) Act 1997; or
- a person born before 1983 to a British mother;
- a British overseas territories citizen with a connection to Gibraltar;
- a person born in the United Kingdom on or after 1 January 1983 who lived here for the first 10 years of their life;
- a person who has previously given up citizenship of the United Kingdom and Colonies or British citizenship.
CONTACT US
For advice and assistance with an application for naturalisation or registration as a British Citizen, call our immigration barristers direct on 0203 617 9173 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it
