British Citizenship

What is a British Citizen

A British citizen has the legal right to live and work in the UK indefinitely without immigration controls, allowing you to leave and re-enter the country without restrictions and time limit.

British citizens enjoy various rights, including the freedom to live and work in the UK and the ability to obtain a UK passport. This passport facilitates international travel and ensures consular assistance abroad.

British citizenship can be acquired through three methods: Naturalisation, Registration, or Acquisition. The specific method depends on factors such as how long a person has been in the UK, when and where the individual was born, and their parents' circumstances.

Routes to British Citizenship

Naturalisation

Naturalisation is a common route to British citizenship for adults not born in the UK but have been living in the UK for a certain period. To qualify for British Citizenship by Naturalisation, you must meet specific criteria related to your immigration status, length of residence in the UK, future plans, English language proficiency, knowledge of life in the UK, and good character. The requirements differ slightly depending on whether or not you are married to a British citizen.

Automatic Acquisition

To qualify for British Citizenship by Automatic Acquisition, you must demonstrate that you are a British citizen by law. This applies if you were born in the UK on or after January 1, 1983, with either parent being a British citizen or settled in the UK at your birth; born outside the UK on or after January 1, 1983, with either parent being a British citizen otherwise than by descent; or born before January 1, 1983, and immediately before that date, you were a Citizen of the UK and Colonies with a Right of Abode in the United Kingdom.

Registration

If you do not automatically qualify for British citizenship, you may be eligible to apply for Registration as a British citizen. You may qualify if you were born in the UK after January 1, 1983, or outside the UK to British parents, among other specific criteria. Some individuals, such as those born before 1983 to a British mother or certain stateless persons, may also qualify. If you do not meet the specific criteria, you may apply for Registration under the Discretionary provision.

Other Citizenship and British Nationalities

British Citizenship by Marriage

If you are married to or in a civil partnership with a British citizen, have resided in the UK for the past 3 years and hold status that is free from time restrictions, you are eligible to apply for British citizenship through the marriage route.

Dual Citizenship

The UK allows dual citizenship so that you can hold British citizenship alongside another nationality. However, some countries do not recognize dual nationality, so it’s important to check the other countries' specific laws.

British Citizenship and Other British Nationalities

The UK government recognizes other British nationalities, but these do not have the same status or rights as British Citizens.

British Overseas Territories Citizen (BOTC):

BOTC is linked to one of the UK's 13 Overseas Territories. They can hold a British passport and receive consular assistance but do not have the automatic right to live or work in the UK unless they also hold British citizenship, which many have acquired since 2002.

British Overseas Citizen (BOC):

BOCs retained their British nationality after the independence of former colonies. They do not have the right of abode in the UK and are subject to immigration controls.

British National (Overseas) (BN(O)):

BN(O) status was created for Hong Kong residents before the transfer of sovereignty to China in 1997. BN(O)s can hold a British passport and receive consular assistance but do not have the automatic right to live or work in the UK and are not considered UK nationals by the European Union.

British Subject:

This status applies to individuals connected to the UK or its former colonies before 1949. British subjects can hold a British passport and receive consular assistance but, with rare exceptions, do not have the automatic right to live or work in the UK.

British Protected Person:

British protected persons come from certain former British protectorates or protected states. They can hold a British passport and receive consular assistance, but do not have the automatic right to live or work in the UK.

Renunciation and Restoration of British Citizenship

If you renounced your British Citizenship and decide to restore it later, you can apply for nationality restoration, provided you originally renounced it to retain or acquire another nationality. Our QC Immigration team has achieved this successfully where there were compelling reasons to initially renounce, and later register for British Citizenship.

British Citizenship if you are Stateless

If you are stateless and not recognized as a citizen of any country, you may be eligible to apply to register as a British citizen provided you meet the specific criteria.

Eligibility and Requirements

Before you can apply, understanding the requirements for a successful British Citizenship application and navigating UK immigration control is crucial.

The UK government has specific requirements to ensure British citizenship applicants are well-integrated into British society and meet the necessary legal standards. These criteria include Residency requirements, proving Good Character, and meeting English language proficiency.

The specific eligibility and requirements will depend on your individual circumstances and which citizenship route you are applying for. The vast majority of applications are via Naturalisation, and to apply for this, the Home Office requires applicants to be:

Applying for British Citizenship by Naturalisation:

• You are 18 or over.
• You are of good character (e.g., no serious or recent criminal record, no attempts to deceive the Home Office, and no involvement in immigration offences in the last 10 years).
• You intend to continue living in the UK.
• You have met the knowledge of English and Life in the UK Test requirements.
• You meet the residency requirement.

You must usually have:

• Lived in the UK for at least 3 or 5 years before the date of your application.
• Spent no more than 270 or 450 days outside the UK during this period.
• Spent no more than 90 days outside the UK in the last 12 months.
• Held Settlement or Indefinite Leave to Remain in the UK for the last 12 months.
• Not broken any immigration laws while in the UK.

Applying for British Citizenship by Registration:

Where one of these applies

• Have another form of British nationality.
• Born before 1 January 1983 to a British mother.
• Born to a British father, even if he was not married to your mother.
• Born in the UK on or after 1 January 1983.
• Under 18 and don't fit into the other categories.
• Have a connection with Gibraltar or Hong Kong.
• Are stateless.

Applying for British Citizenship by Acquisition:

Automatic acquisition of British Citizenship usually leads to immediate eligibility for British Passport. Eligibility depends on when you were born, where your parents were born, and the standard of proof applicable to the right of abode, whether that right is dependent on citizenship or relationship, is that of the normal balance of probabilities.

The legislation for British citizenship is complex, and the most applicable route will vary from person to person.

Good Character Requirement

The good character requirement is a key aspect of the British citizenship application process, ensuring that applicants have adhered to the laws and standards of conduct expected in the UK. To meet this requirement, you must not have any recent or serious criminal convictions if you are aged 10 or over at the date of application.

A criminal offense does not necessarily mean your application will be refused. The Home Office guidelines state that the applicant should be of "good character, on the balance of probabilities." This assessment considers the length and number of sentences, their seriousness, when they were committed, and any mitigating factors.

However, the Home Office will normally refuse your application if you have:

• Received a custodial sentence of 12 months or more.
• Received consecutive sentences totaling 12 months or more.
• Been a persistent offender.
• Committed an offense causing serious harm.
• Committed a sexual offense.

Banktruptcy and breaching Immigration Laws may also affect the prospect of your British Citizenship application.

If you have concerns about meeting the good character requirement, it is advisable to consult with a Legal Advisor before applying. An adviser can help you understand the implications of your situation, assist in presenting your application in the best possible light, and assess the likelihood of a successful application.

Required Documentation

When applying for British citizenship, it is crucial to provide accurate and complete documentation. What you will need to provide will depend on your individual circumstances and the citizenship route you are applying for, but in most cases the documents may include where relevant:

Proof of Identity and Status

• Current passport
• Birth certificate
• Evidence of Indefinite Leave to Remain or Settled Status
• Marriage or civil partnership certificate (if applying based on marriage to a British citizen)

Residency and Lawful Presence

• Evidence of lawful residence in the UK for the required period (5 years for most applicants, 3 years if married or in a civil partnership with a British citizen)
• Evidence of settling in the UK and free from immigration time restrictions.
• Proof of being physically present in the UK on the day 5 years before application (or 3 years for those in a civil partnership or married to British citizens)
• Documentation of absences from the UK during the qualifying period and no more than 450 days during the 5-year residency period; or no more than 270 days during the 3-year residence.

Language and Knowledge Requirements

• Life in the UK Test pass certificate (unless exempt)
• Proof of English language proficiency (unless exempt)

Good Character

• Details of any offences including fines, caution, traffic offences, charges, criminal or civil convictions
• Evidence of financial soundness (e.g., tax records, bankruptcy information)

Additional Documentation

• Proof of address (e.g. utility bills, bank statements etc.)
• Employment records or proof of self-employment
• School or university records (if applicable)
• Two referees to confirm your identity

Accuracy and completeness of all documentation are crucial to avoid delays or refusals in your application. All documents need to be originals or certified copies, and any documents not in English or Welsh must have translations provided. The specific documents required may vary based on individual circumstances.

Life in the UK Test

The Life in the UK Test is a mandatory requirement for most applicants seeking British citizenship. This test assesses your knowledge of British culture, history, and customs through 24 multiple-choice questions. To pass, you need to score at least 75%, which means correctly answering a minimum of 18 questions. The test duration is 45 minutes.

The test covers a range of topics, including:

• UK values and principles
• History of the UK
• UK political system

The test costs £50 and must be booked via the gov.uk website. These subjects are fundamental for understanding the UK’s legal framework and societal norms. The test is based on the latest edition of the study guide "Life in the United Kingdom: A Guide for New Residents."

Exemptions apply to individuals under 18, 65 or older, or those with a physical or mental condition that prevents them from taking the test. After completing the test, you’ll receive a unique reference number, which is required to complete your Citizenship or Settlement application.

English Language Proficiency

To qualify for British citizenship, you must demonstrate sufficient knowledge of the English language. This can be achieved by passing an approved English language test at a B1 level or higher in speaking, writing, listening, and reading.

Exemptions apply if you are 65 or older or if you have a degree taught or researched in English. Additionally, you can prove your knowledge of English, Welsh, or Scottish Gaelic before applying for British citizenship. Meeting this requirement ensures you are well-prepared to integrate into British society.

British Citizenship Application Referee

British citizenship applications required signatures from 2 suitable referees to certify your application. The referees confirm that the information provided is correct and must have known you for at least 3 years. They should also have no criminal convictions within the last 10 years.

First Referee

They must be a professional, such as a member of a professional body, doctor, or accountant, and does not necessarily need to be a British citizen. The referee must know you personally.

For child applications, the 1st referee should be a professional who has engaged with the child in a professional capacity, such as a teacher, social worker, or minister of religion.

Second Referee

The 2nd referee must be willing to provide full details of their knowledge of the applicant. They must usually hold a British Citizen passport and be either a professional person or over the age of 25. They must not be a relative of the applicant, cannot be a solicitor or agent representing the applicant, cannot be related to the other referee, and cannot be employed by the Home Office.

Application Fees

How much does it cost to apply for Naturalisation as a British Citizen?

The Home Office application fee for an application for Naturalisation as a British Citizen is £1,500. You will need to spend a further £130 to arrange a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony).

Processing Times

Applications for Naturalisation or Registration as a British Citizen can take up to 6 months to be determined. However, we typically receive UK Citizenship decisions from the Home Office within about 3 months. To help the Home Office make a swift and positive decision, it is crucial to present a clear and strong application supported with comprehensive evidence and any relevant legal arguments.

It may be necessary to inform the Home Office if there are any changes to your personal details during this period. Additionally, if the Home Office requests more details about your application, you should respond within the stipulated deadline. These steps ensure that your application process proceeds smoothly.

Priority Service

There are no priority services available for British Citizenship applications. There may be limited Premium or Fast-track services for certain British Passport applications.

How to Apply for British Citizenship?

Completing the Application Form

Filling out the British citizenship application form correctly is vital to avert delays or refusals. You must ensure that all information and documents provided are correct and comprehensive. Any inaccuracies can result in your application being rejected.

• Assess your eligibility
• Complete the application form
• Perform a document check
• Prepare a Letter of Representation to support your application, if relevant

This guidance can significantly increase your chances of a successful outcome.

The British citizenship application process comprises several crucial steps. First, you must complete Form AN for Application for Naturalisation as a British Citizen or Form MN1, Form BOTA, Form UKM, Form UKF, Form RS1 or other for Registration as a British Citizen. The form can be completed online or by post, depending on your location and availability.

You will also need to include the names of 2 referees who can verify your identity and have known you for over 3 years. These referees must meet specific criteria, such as having professional standing or being a British passport holder. Ensuring all information is accurate and complete will help streamline the application process.

Biometric Enrolment

British citizenship applications require a biometric enrolment as part of the process for identity verification. Your photograph and fingerprints will be taken during a Biometric Appointment or via a Verification App to confirm your identity and ensure the security of the application process. You must enroll your biometric information within 45 days of submitting your British citizenship application. A failure to do so will invalidate your application.

After submitting your application, you will typically receive an email instructing you to book your biometric appointment or provide biometrics through an app. Appointments can be booked on the UK Visa and Citizenship Application Service website. Attending the appointment in person is required unless you have been informed that the biometrics previously to UK Visas and Immigration (UKVI) may be reused for this application, and you are asked to provide a photo with alternative documents instead.

Travelling With Pending Application

You are allowed to travel outside the UK after submitting your British citizenship application, using your valid travel documents. However, you must be mindful of the 45-day window for any biometric appointment and the requirement to attend the citizenship ceremony within 90 days of your application being granted.

A British Citizenship application does not grant you immigration permission, so you must demonstrate your entitlement to re-enter the UK at the border. Additionally, whilst you are travelling, you will still need to be contactable in case the Home Office needs to ask you questions about your application.

British Citizenship Ceremony

Attending a British citizenship ceremony is the final step to becoming a British citizen. This ceremony, arranged after your application is successful, serves to welcome you into the British community. It must be attended within 90 days of receiving the invitation.

During the ceremony, new citizens must say the Oath or Affirmation of allegiance to the King and a Pledge of loyalty to the United Kingdom. The occasion is typically a group event organized by the local authority. New citizens will receive a British nationality certificate and an information pack.

Note: An invitation to a citizenship ceremony is not in itself proof of citizenship.

British Citizenship Benefits

Once registered as a British citizen, you have the right to live in the UK forever. You can access consular protection, voting rights, free NHS medical care providing you with essential health services without additional costs. There are no restrictions on your right to work, allowing you to pursue any employment opportunities. Additionally, you enjoy unrestricted entry to the UK and have no restrictions on travelling abroad, giving you the freedom to leave and return to the UK at your convenience.

British passport Application

After obtaining British citizenship, you can apply for a UK passport. You can request your passport via one of the following methods:

• Online: directly via the gov.uk passport application link
• Post Office Check & Send Service: involves your local Post Office checking your documents and sending them to HM Passport Office by Special Delivery for an additional fee.
• Post. You can directly send your application to the UKVI.

You can apply from abroad, however, the process will vary depending on the country's specific rules. Typically, you will receive your passport within 3 weeks, but expedited services like the 1-day Premium and 1-week Fast Track are available by appointment only.

Registering to Vote

Once you are registered as a British citizen, you are eligible to vote and participate in the UK’s democratic process. You can register to vote if you are 16 or older in England and Northern Ireland, and 14 or older in Scotland and Wales, provided you meet the nationality requirements.

Refused British Citizen Application

In case your British citizenship application does not succeed, the Home Office will supply a written clarification of the reasons for rejection. While there is no automatic right of appeal under the British Nationality Act 1981, you can request the Home Office to Reconsider its decision if there is a mistake or oversight in their assessment.

Common reasons for refusal include and are not limited to:

• You are not eligible based on your immigration status, nationality, or background.
• You do not meet the residence requirements, did not provide enough evidence, breached immigration laws, or were absent for too long a period without qualifying reasons.
• You have not met the criteria for ‘good character,’ meaning you may have a disqualifying criminal record, or a history of financial issues.
• You failed to respond to Home Office enquiries in a timely manner.

How QC Immigration can help

Obtaining British citizenship means gaining rights and privileges, such as the ability to live and work in the UK indefinitely, participate in and vote in UK elections, and travel freely with a British passport with consular protection.

British nationality laws are complicated. Our team of experts has years of experience in understanding British nationality rules, defined by the British Nationality Act and other immigration laws.

The right route for an application depends on individual circumstances, which is why QC Immigration recommends clients discuss their situation with our highly-experienced immigration lawyers before proceeding with their application.

We handle British citizenship applications every day. From understanding the different routes to citizenship, proving your Residency and Good Character, to passing the Life in the UK Test and demonstrating English proficiency, each step is crucial in your journey to becoming a British citizen.