APPLYING FOR BRITISH CITIZENSHIP - NATURALISATION

An application for British citizenship  is an important event in one's life 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 categories 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, whilst in the latter category one has to complete five years’ legal residence.

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

1.     Minimum age of 18

2.     Sound Mind

3.     Intention to live in the UK

4.     Sufficient knowledge of English Language

5.     Sufficient knowledge of Life in the UK

6.     Good Character

7.     Residence requirements

8.     References

We shall now discuss each of the above requirements separately:

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. This subject is discussed separately on our registration as a British citizen page, and in certain limited circumstances, even applicants over the age of 18 can be registered as British citizens, but please refer to the registration as a British citizen page aside.

2. Sound mind

Any person who wishes to naturalize must be of sound mind with an understanding of what one is undertaking in applying for naturalization and how it affects one’s rights and obligations. It is quite understandable that a person of unsound mind is not in a position to make any reasonable decision and hence cannot make or submit such an  application. However there can be certain acceptable, compassionate circumstances in which this requirement can be waived.

3. Intention to live in the UK

The intention to live in the UK on a permanent basis is quite important as British Citizenship is only granted to applicants who intend to live in the UK. However, after being naturalized, it is not legally possible to maintain such a requirement, therefore this requirement is in place only whilst an application is pending – once the application is successfully completed, the requirement no longer pertains, and one is no longer 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 in the long term. It was found that some British Nationals are not very conversant in 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 one 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. The UK Border Agency  has provided a list of approved  tests  that fulfill  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

The character of a person is an important issue and recent rule changes in this regard 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. Essentially, if a prison sentence has been served, or if a fine has been imposed by the Courts, in respect 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. Applicants are therefore  required to disclose on the application form all information relating to character, including criminal convictions. The UK Border Agency conducts thorough checks on every application regarding the issue of character and can refuse an application entirely on this basis alone.

7. Residence requirements

For those who wish to apply on the basis of five years of legal residence, they are 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 application).

For those who wish to apply on the basis of marriage to a British citizen, the 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). There are some exceptions to these rules and UKBA has wide-ranging discretion in this regard, particularly if there is a reasonable explanation for excess absences. For further guidance in this regard, please do not hesitate to contact us.

8. References

• must be of sound mind
• must not be related to the applicant
• must not be related to the other referee
• cannot be the applicant's solicitor or representative in relation to the naturalization application