Indefinite Leave to Remain
British citizenship by naturalisation
There are several ways to obtain British citizenship, such as proving you were born in the UK, have a British parent, are connected with a past or present British territory, possess a different form of British nationality (for example, British overseas citizenship) or are stateless.
The most common route to citizenship is naturalisation. Under the British Nationality Act 1981, this can be granted at the discretion of the Secretary of State for the Home Office Department (SSHD), commonly known as the Home Secretary.
Although the naturalisation process results are the same, there are different ways to apply, according to the individual’s circumstances. In most cases, all applicants must satisfy the same requirements, which we will cover later. First, we will briefly outline the various forms of citizenship created under the 1981 Act.
– British Overseas Territories citizen
– British overseas citizen
– British subject
– British national (overseas)
– British protected person
The last category came into force on 1st January 1983 and applied to citizens or nationals of Brunei and individuals who already had protected status. It includes anyone with at least one parent with protected status if it means you would otherwise have been born stateless in the UK or another British territory.
The main reasons for the loss of protected status are the granting of a different nationality or the change in the status of the country where you hold citizenship from British territory to an independent one.
Your nationality status is important because it determines the extent of the rights you have to work and live in the UK. Full British citizenship is the only status which exempts you from time limits and permits you to work and live in the UK indefinitely and without restriction.
You can apply for British citizenship if you’ve been living continuously in the UK for five years and have held one of the following for at least 12 months:
Indefinite leave to remain (ILR)
Settled status (ILR under the EU Settlement Scheme)
Indefinite leave to enter the UK (permission to move permanently to the UK)
If you are married to a British citizen, the 12-month requirement is waived.
Qualifying for Naturalisation
You must meet eight essential criteria to be eligible for British naturalisation. You must:
– Be at least 18.
– Have lived in the UK for at least five years, or three if married to a British citizen or settled person.
– Hold ILR dating back at least 12 months before you apply.
– Have spent no more than 450 days abroad during five years of lawful residence and 90 days in the past 12 months.
– Be of full mental capacity.
– Be of good character and not in breach of immigration rules.
– Be able to communicate in English and pass the Knowledge of Language and Life test.
– Demonstrate your intention to live permanently in the UK or work abroad for a UK company or organisation.
In addition, applicants need the endorsement of two referees. The requirement to have lived in the UK for five or three years is not reduced by any period of exemption from immigration control or time spent in a detention centre.
Special Rules for Spouses and Civil Partners
As mentioned above, an applicant who is married to or the civil partner of a British citizen needs to have lived in the UK for at least three years, be in a genuine, long-term relationship and possess ILR or settled status.
In these circumstances, the granting of ILR permits immediate application for naturalisation. You must have spent no more than 270 days abroad in the three-year qualifying period and no more than 90 days in the 12 months before you apply.
Naturalisation of Children
Being born in the UK does not bring automatic naturalisation. Children born to non-British nationals cannot be registered as British citizens until at least one of their parents is granted citizenship or ILR.
There are additional requirements for children seeking citizenship, either at birth or as minors. If they were born in the UK, at least one parent must be a UK national or a settled person. If they were born outside the UK, at least one parent must have gained citizenship before they can be considered for naturalisation.
A further special condition applies to children born before 2006. If UK citizenship or ILR is held only by their father, then their parents must be married.
In most cases, a child’s eligibility for citizenship is judged on the specific circumstances of each case.
The UK’s naturalisation process is complex, and professional legal advice is always essential..