APPLYING FOR BRITISH CITIZENSHIP - NATURALISATION

An application for British citizenship is an important event that, if successful, will mean that an individual will no longer be subject to immigration control nor, in fact, would one continue to be subject to any requirement to reside either inside or outside the UK, hence enabling one to have complete freedom to live and work not only in the UK but anywhere within the ever-expanding European Economic Area (EEA).

There are two types of applications that can be made, i.e. naturalization as a British citizen on the basis of marriage to a British citizen and naturalization as a British citizen on the basis of five years’ legal residence in the UK. The former can be applied for after completing three years’ legal residence.

There are a number of requirements that one has to fulfil in order to make a successful application for British citizenship:

1.     Minimum age of 18
2.     ‘Full capacity’ (sound mind)
3.     Intention to have his/her home in the UK (or principal home if more than one)
4.     Sufficient knowledge of English Language
5.     Sufficient knowledge of Life in the UK
6.     Good Character
7.     Residence requirements
8.     References

1. Age

Any person who wishes to naturalize must be 18 years or over on the date of application. Any person who is under 18 years of age cannot apply for naturalization - instead they would need to apply for registration as a British citizen, which is dependant not only on one’s birthplace but the status of one’s parents at the time of birth.

2. Full capacity

Any person who wishes to naturalize must be ‘not of unsound mind’.  This simply means that an applicant should understand, ‘however dimly, the purpose of their application.’ However, this requirement can be waived if the Secretary of State considers it is in the best interests of the applicant to do so.

3. Intention to have his/her home in the UK

British Citizenship is granted only to applicants who intend to have their home (or principal home if more than one) in the UK.  As it is impossible to determine the future, the Secretary of State will look at their past behaviour and ties with the UK.  However, after being naturalized, it is not legally possible to maintain such a requirement.  Once citizenship is granted, the requirement no longer applies and a naturalized British citizen is not constrained to live in the UK.

4. Sufficient knowledge of English language

This requirement has been introduced to help migrants integrate into society, which can only benefit the UK, and indeed the migrant, in the long term. It was realized that some British nationals do not speak the English language, which can hinder them in terms of doing business, or seeking employment, and/or enjoying the other  benefits of British citizenship.

There are exemptions in this regard for those who are under 18 and for those who are over 65 years of age.  Persons suffering from some physical or mental disability are also exempted from this requirement but in order to claim this exemption the applicant has to provide documentary evidence in confirmation.
Previously, applicants needed to take a language test or provide an educational qualification acquired from an English speaking country or from a non-English speaking country along with a certificate from the education provider, or a solicitor or notary public as to the proficiency in the English language of the applicant. Now the Life in the UK test (see section 5 below) is deemed to be sufficient to prove the applicant’s English language capability.

5. Sufficient knowledge of life in the UK

The Life in the UK test was introduced in 2007 as a way of satisfying the English language requirement and helping foreign nationals settling in the UK integrate into British society. The UK Border Agency has provided a list of approved tests that fulfil these requirements, i.e. successfully completing an ESOL (English for Speakers of other Languages) course which has Citizenship content or by taking a Knowledge of Life in the UK test at a designated test centre.

6. Good Character

Recent rule changes mean that the UK Border Agency now has very strict guidance in respect of the way in which criminal convictions affect one’s good character. In general, if a person has been convicted of a criminal offence then the applicant will have to wait until the conviction becomes spent under the terms of the 1974 Rehabilitation of Offenders Act before being able to apply for British citizenship. The Secretary of State has discretion to overlook very minor, one-off offences.  Convictions incurred abroad will be treated as if they had taken place in the UK.  Applicants are required to disclose on the application form all information relating to character, including criminal convictions. The UK Border Agency conducts thorough checks on every applicant and failure to meet this good character requirement will result in the application being refused.

7. Residence requirements

Those who wish to apply on the basis of five years’ legal residence are, in general, required to show that they have not been outside the UK for more than 450 days in the 5 year period (including no more than 90 days outside the UK in the 12 months preceding the application).
For those who wish to apply on the basis of marriage to a British citizen, the general requirement is to have spent no more than 270 days outside the UK over the three year residence period (again with no more than 90 days outside the UK in the 12 months preceding application).
The Secretary of State has discretion to disregard longer absences abroad, depending on the circumstances. For further guidance in this regard, please do not hesitate to contact us.

8. References

Each application must be accompanied by two references from persons known to the applicant for a minimum of three years. One of these referees must be a person of professional standing, such as a doctor, architect or accountant or other person who belongs to a professional body (сlick here for the list of acceptable professional referees). The other referee must be a British citizen and either a professional person or over 25 years of age.

There are, however, some general restrictions on who can act as a referee:

•  they must not be related to the applicant 
•  they must not be related to the other referee
• they cannot be the applicant's solicitor or representative in relation to the naturalization application
• they must not be employed by the Home Office
• they must not have been convicted of an imprisonable offence during the past 10 years for which the sentence is not spent under the Rehabilitation of Offenders Act 1974

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