British Citizenship & Naturalisation

Understanding British Naturalisation

British naturalisation is the primary pathway for individuals with foreign citizenship to obtain British nationality. Those who successfully naturalise gain the full spectrum of rights enjoyed by British-born citizens.

As a naturalised British citizen, you can live and work in the UK without any immigration restrictions, making this a pivotal step for anyone looking to permanently reside in the UK.

To qualify for British naturalisation, applicants must satisfy specific requirements and exhibit attributes that indicate their suitability for British citizenship, including:

1. Completing the Life in the UK Test: This government-administered test evaluates your knowledge of British life, traditions, and societal norms, as outlined by the Home Office.
2. Demonstrating Language Skills: Proficiency in a recognised British language, such as English, Welsh, or Scottish Gaelic, is required. This often necessitates passing an IELTS test to confirm your ability to speak, read, and write the language competently.
3. Exemplifying Good Character: Applicants must show a clean criminal record and adherence to immigration laws, reflecting their integrity and respect for legal norms.

By meeting these conditions, you can advance your application for British naturalisation, ultimately integrating into British society as a fully recognised citizen.

Assessing Your Eligibility for British Citizenship

Becoming a naturalised British citizen eliminates the need for visa applications and removes the limitations associated with Indefinite Leave to Remain (ILR).

For non-EEA citizens looking to settle in the UK from outside Europe, naturalisation is generally required after living in the UK legally for five years or holding settled status for twelve months. Alternatively, those with ancestral ties to the UK may have a claim to British citizenship.

The criteria for British citizenship are stringent, marking the culmination of a foreign national’s journey to full UK citizenship. As a British citizen, you can apply for a British passport, enabling visa-free travel to many countries.

Due to the intricate nature of British nationality laws and immigration policies, it is highly recommended to seek professional legal advice. immigration solicitors provide thorough guidance and support, evaluating your eligibility and assisting in the preparation of your application to improve your chances of success.

For adult non-EEA nationals aspiring to British citizenship, meeting the residency requirement is essential. Typically, this involves five years of lawful residence in the UK. However, spouses of British citizens may qualify after three years. Your eligibility period will be determined by your current and previous immigration status.

General Requirements for British Naturalisation

To become a naturalised British citizen, you must satisfy the detailed eligibility criteria set out in the British Nationality Act 1981. The key requirements are as follows:

1. Age and Mental Capacity:

   • You must be at least 18 years old.
   • You must be of sound mind, possessing full mental capacity.

2. Residence in the UK:

   • You must have lived in the UK for a minimum of five years, known as the ‘five-year route’.
   • During these five years, you should not have spent more than 450 days outside the UK.
   • In the 12 months before your application, you must not have spent more than 90 days outside the UK.
   • If you are married to a British citizen, you need to have lived in the UK for at least three years and not have spent more than 270 days outside the UK during that period.

3. Immigration Status:

   • You must have held Indefinite Leave to Remain (ILR) for at least one year prior to your application.
   • At the time of your application, you must be free from any immigration restrictions.
   • Depending on your nationality, this can be shown through ILR, a UK permanent residence card, or an EU settled status visa.

4. Compliance with UK Laws:

   • You must have adhered to all UK immigration laws and have no history of breaches.

5. Good Character:

   • Demonstrating good character is essential, typically indicated by a clean criminal record and compliance with laws and regulations.

6. Intent to Reside:

   • You must intend to live permanently in the UK once you obtain citizenship.
   • You are also eligible if you plan to live and work abroad for the UK government or a British company.

7. Language Proficiency:

   • You must meet the English language requirements, usually by showing evidence of B1 CEFR level proficiency.
   • Exemptions exist, and proficiency in Welsh or Scottish Gaelic is also accepted.

8. Life in the UK Test:

   • You need to pass the Life in the UK Test, which assesses your knowledge of British culture, traditions, and customs.

Meeting these comprehensive criteria is essential for a successful application for British naturalisation, allowing you to become a fully integrated member of British society.

British Citizenship by Naturalisation

If you are at least 18 years old and hold Indefinite Leave to Remain (ILR) or have acquired the right of permanent residence in the UK, you may be eligible to apply for British Citizenship by Naturalisation.

Can I Apply for British Citizenship by Naturalisation?

To be naturalised as a British citizen, you must meet specific statutory criteria regarding your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character. The requirements for British Citizenship by Naturalisation vary slightly depending on whether you are married to a British citizen.

Apply for UK Citizenship: Not Married to a British Citizen

If you are not married to a British citizen (or do not wish to rely on your marriage to a British citizen), the Home Office must be satisfied that:

• You were in the UK on the day five years before the date of your application;
• You have not been absent from the UK for more than 450 days during the intervening five-year period;
• You have not been in the UK in breach of immigration laws at any time during that five-year period;
• You have not been absent from the UK for more than 90 days during the 12 months immediately preceding the date of your application;
• You are not subject to any time limit on your stay in the UK and have not been subject to any such time limit at any time during the 12 months immediately preceding the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh, or Scottish Gaelic language;
• You have taken and passed the Life in the UK test; and
• Your intention is that, if your application is successful, your home (or principal home) will be in the UK.

Apply for UK Citizenship: Married to a British Citizen

If you are married to a British citizen, the Home Office must be satisfied that:

• You were in the UK on the day three years before the date of your application;
• You have not been absent from the UK for more than 270 days during the intervening three-year period;
• You have not been in the UK in breach of immigration laws at any time during that three-year period;
• You have not been absent from the UK for more than 90 days during the 12 months immediately preceding the date of your application;
• You are not subject to any time limit on your stay in the UK at the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh, or Scottish Gaelic language; and
• You have taken and passed the Life in the UK test.

The specific requirements you need to satisfy will depend on your individual circumstances. For expert guidance and support with your British Citizenship by Naturalisation application, contact Axis Solicitors today.

English Language Requirements for Naturalisation

To be eligible for British citizenship as a non-EEA adult applicant, you must demonstrate sufficient knowledge of a British language, which can be English, Welsh, or Scottish Gaelic.

The UK Visas and Immigration (UKVI) department only recognises officially approved English language test qualifications from approved test centres. This typically requires passing an IELTS (International English Language Testing System) test and obtaining at least a B1 level certificate certified by ESOL (English for Speakers of Other Languages). You must prove your language proficiency by passing both the listening and speaking components of the test.

Most other English language qualifications, such as NVQs and GCSEs, are not accepted. Furthermore, some valid qualifications are only valid for about two years before they need to be renewed. Expired certificates are generally not accepted by the Home Office, unless they were previously used for another immigration application, such as Indefinite Leave to Remain or a visitor visa.

Meeting these language requirements is necessary to ensure your application for naturalisation is going to be approved.

Exemptions from the English Language Requirements for Naturalisation

There are specific situations where you may not need to prove your proficiency in a British language when applying for naturalisation. These exemptions include:

1. Educational Background:
   • If you hold a degree that was taught or researched in English, you can use this as proof of your language skills.
2. Age Consideration:
   • Applicants aged 65 or older are not required to demonstrate language proficiency.
3. Medical Conditions:
   • If you have a long-term physical or mental condition that significantly impacts your ability to learn or demonstrate language skills, you may be exempt.

If your degree was obtained from an overseas institution and you wish to use it for exemption purposes, you may need to provide an Academic Qualification Level Statement (AQUALS). This statement confirms that your degree is equivalent to a UK degree and was conducted in English.

These exemptions can help streamline the naturalisation process by removing the need for additional language testing under qualifying conditions.

Understanding the Life in the UK Test

The Life in the UK Test is a mandatory requirement for many adults applying for British citizenship. This test evaluates your knowledge of British history, culture, values, and everyday life through 24 randomly-selected questions.

Key Information

• Test Fee: £50 per attempt.
• Retakes: You can retake the test as many times as needed, with the same fee applicable for each attempt.
• Study Resources: The Home Office provides a comprehensive Life in the UK Handbook, which covers all relevant topics. The handbook is also available as an official mobile app.

Passing Criteria

• Pass Mark: You need to score at least 75% to pass.
• Unlimited Attempts: You may take the test multiple times until you achieve a passing score.

Exemptions from the Test

• Previous Certification: If you have already passed the Life in the UK Test for your Indefinite Leave to Remain application, you do not need to retake it for naturalisation.
• Age Exemptions: Applicants under 18 or over 65 years old are exempt.
• Health Exemptions: Those with long-term mental or physical health conditions are also exempt.

Booking the Test

• Online Booking: You must book the test online at least three days before your desired test date.
• Test Centres: Select from one of the five nearest approved test centres.

Test Day Requirements

• Identification: Bring valid ID and proof of address on the day of the test. Without these, you will not be allowed to take the test, and the fee will not be refunded.
• Security Measures: These requirements help prevent fraud and ensure the test taker is the actual applicant.

After Passing the Test

• Notification Letter: Upon passing, you will receive a notification letter.
• Application Process: Include this letter with your naturalisation application to the UKVI, along with any other required documents, such as your permanent address form, to confirm your test result as part of your citizenship application.

By meeting these requirements and passing the Life in the UK Test, you take a crucial step toward achieving British citizenship.

The ‘Good Character’ Requirement for Naturalisation

A vital aspect of the naturalisation process is proving that you possess ‘good character’. This requirement ensures that applicants have consistently respected UK laws and have maintained a responsible and lawful record both in the UK and abroad.

Key Elements of the ‘Good Character’ Requirement

1. Legal and Responsible Living:
   • You must demonstrate that you have lived in the UK legally and responsibly.
   • This includes following all UK laws and regulations during your residence.
2. Comprehensive Background Check:
   • The Home Office will review your entire background, including your previous immigration statuses, travel history, financial conduct, and any criminal records.
   • These checks are essential to confirm your eligibility for British citizenship under stringent nationality laws.
3. Criminal Records and Their Impact:
   • Applicants with criminal records may be deemed not to meet the ‘good character’ requirement and thus be ineligible for naturalisation.
   • Those with custodial sentences of four years or more will generally be considered not to have ‘good character’, leading to automatic denial of their applications.
4. Full Disclosure:
   • It is crucial to disclose all details of your criminal history and any relevant records to UK authorities.
   • Failure to provide complete information will result in the automatic rejection of your application.

Demonstrating ‘good character’ is essential for a successful naturalisation application. Maintaining a clear legal record and being transparent about your past are key to meeting this requirement and achieving British citizenship.

How to Apply for British Citizenship

If you’ve determined that you meet the eligibility criteria and are ready to begin the application process for UK naturalisation, here’s a comprehensive guide to help you through it:

1. Complete the Application Form:

   • Begin by filling out Form AN, the official application for naturalisation as a British citizen, provided by UK Visas and Immigration (UKVI).
   • The entire process typically takes between three to six months. Upon approval, you will be invited to attend a citizenship ceremony, where you will receive your certificate of naturalisation.

2. Gather and Submit Supporting Documents:

   • Alongside your completed Form AN, you must provide all necessary supporting documents, including proof of residence, identification, and other relevant documents.
   • Ensure that all documentation is accurate and up to date to avoid delays or rejections.

3. Provide Biometric Information:

   • Schedule an appointment at a local UKVCAS (UK Visa and Citizenship Application Services) centre to provide your biometric information, which includes a photograph and fingerprint scans.
   • You can scan your documents at the UKVCAS service point or upload copies online, eliminating the need to send them by post.

4. Choose Your Application Method:

   • You have two primary options for submitting your application:
     • Self-Application: You can complete and submit the application independently.
     • Representative Agent: You can hire an immigration lawyer or representative to manage the application process on your behalf.

Tips for a Successful Application

• Ensure Completeness: Double-check all sections of Form AN and your supporting documents for completeness and accuracy.
• Prepare Thoroughly: Gather all necessary documentation and ensure your application is fully prepared before submission.
• Seek Professional Assistance: Consider consulting with an immigration lawyer to guide you through the process and enhance your chances of success.

Why Choose Axis Solicitors?

At Axis Solicitors, we provide expert guidance and support throughout your British citizenship application. Our experienced team will help you navigate the complexities of the process, ensuring your application is robust and meets all legal requirements. Contact us today to make your journey to British citizenship smooth and successful.

Reasons for Naturalisation Refusal

There are several reasons why a British naturalisation application might be refused, often related to issues of criminality or compliance. Some of the most common reasons include:

• Outstanding County Court Judgments (CCJs)
• Tax-related issues
• Employment history concerns
• Failing to meet the good character requirement

Previous convictions can also result in refusal, with the decision influenced by factors such as the type of sentence (custodial or non-custodial), the duration of the sentence, and whether the offence was isolated or repeated.

No Appeal Process

Currently, there is no appeal process if your naturalisation application is refused. However, there are alternative steps you can take:

1. Request for Reconsideration:

   • If you believe your application was wrongly refused, you can submit a Request for Reconsideration. This costs £450 and involves the Home Office reviewing their original decision.

2. Submit a New Application:

   • You can choose to submit a new application, though this will require paying the application fee again.

Professional Guidance

If you think your application may be at risk of refusal, consulting with an immigration lawyer is highly recommended. A lawyer can help you understand your options and develop a strategy to strengthen your application.

At Axis Solicitors, our team of experienced immigration lawyers is here to assist you with your naturalisation application. We can help you navigate potential issues and improve your chances of success. Contact us today for expert advice and support.

Renouncing your Nationality

If you are a holder of dual nationality (citizen of another country), you can renounce your UK citizenship by naturalisation status. Nonetheless, you may not need to give up your British nationality if you wish to register as a citizen of another country that allows dual Citizenship. However, if you are willing to give up your British citizenship, for instance, to become national of any other country that does not allow British Citizenship. You will receive a ‘declaration of renunciation’ once your request is approved. While this may affect your UK naturalisation, other family members can retain their UK citizenship as British nationals.

Please keep in mind, that you must be:

• at least 18 years old
• meet the ‘sound mind’ requirements (be legally considered to make your own decisions)

Apply for resumption if you have changed your mind and want to resume your British nationality status. It is crucial to keep in mind while ‘resuming’ your Citizenship in the UK that you continue to satisfy the good character requirements per Home office Policy to reclaim your citizenship status in the UK.

Requirements to apply for UK Citizenship by descent

ou may apply for UK citizenship/naturalisation by descent if:

• You were born (outside the UK/ abroad).
• Your grandfather was a British born employed in crown service.

Please bear in mind that you will not ‘automatically’ acquire nationality by descent in the UK if your parents were British Citizens.

Applying for UK Citizenship as a refugee

Stages to apply for UK Citizenship by refugee status

With the announcement of Borders, Citizenship and Immigration act 2009, there are three stages for refugees to acquire permanent residence and UK naturalisation (Citizenship), and these include:

Stage-1: Securing Temporary residence status (five years).

Stage-2: Probationary Citizenship (One to three years). This stage requires:

• passing the UK Citizenship Test/Life in the UK.
• satisfying ‘good character’ requirements.

Stage-3: Getting full Citizenship (naturalisation) or Indefinite status.

Track Naturalisation application UK

Generally, the average processing time for a UK Citizenship application is within three to six weeks or even longer, depending on the complexity of your case.

Interestingly, you are free to travel abroad while your UK Citizenship application is still in the process. Although the online tracking system is not available, you may stay in contact with the UKVI via email or a call to inquire about your status.

UK Citizenship by Birth & by Descent

UK Citizenship by Birth

You would be British by birth if you were born in the United Kingdom prior to 1 January 1983, however if you were born after 1 January 1983, you would only be British if one of your parents was British or hold an Indefinite Leave to remain at the time of your Birth.

UK Citizenship by Descent

If you are born outside the UK to a British parent you will be British by descent but will require registration as a British Citizen.