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Immigration Law

NATURALIZATION (BRITISH CITIZENSHIP)

Naturalization

British citizenship can be acquired by :

NATURALIZATION
REGISTRATION

Naturalization

Naturalisation is a complex procedure that can often involve detailed legal arguments. If you think you want to apply for UK naturalisation then you should seek professional advice at the earliest opportunity. It is best to get it right from the start to avoid complications and unnecessary delays. To qualify for UK Naturalisation you must have already been given indefinite leave to remain in the UK. The Home Office require that you are aged 18 or over and of good character, you are able to communicate in English, Welsh or Scottish Gaelic, and you intend to live in the UK. If you are not married to a British citizen then you must have been in the UK for 5 years. The period is counted from the date when the application reaches the Home Office. At the moment applications are taking at least six months before a decision is made.

Registration

Registration mainly refers to children born overseas from British parents or children born in the UK when initially those parents were not British citizens.

Naturalization requirements

There are 3 main ways to be naturalized in the UK :

Naturalization on the basis of marriage to a UK citizen or someone settled (with Indefinite Leave to Remain – ILR endorsement in their passport) – after 3 years

Naturalization on the basis of work, business or investment in the UK – after 6 years

Naturalization based on a Right of Abode – after 6 years

Naturalization after three years in the UK as a spouse of a UK Citizen or someone settled in the UK

The requirements for naturalization as a spouse of a British citizen or someone settled in the UK are as follows :

You are legally married to each other

Your marriage is subsisting

You must have been living in the United Kingdom at the beginning of the three-year period

On the date that your application is received in the Home Office, you must have permanent residence (ILR) in the UK

During the three-year period you must not have been outside the UK for more than 270 days (approximately 9 months)

During the last 12 months of the five-year period you must not have been outside the UK for more than 90 days

You must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK

The three years of the residency requirement is counted from the date your naturalization application is received by the Home Office.

The following are additional requirements in order for you to be granted British Citizenship :

You must be aged 18 or over

You must be of good character

You must be of sound mind

You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped or are over 65

You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organization), or be employed by an international organization of which the UK is a member, or be employed by a company or association established in the United Kingdom (and not intend to use a British passport as means of exercising a Right of Free Movement and employment in EU)

You must pass a test which confirm your knowledge of the above mentioned languages and knowledge of life in the UK

Naturalization for workers, businessmen, investors

If you are not married to a British Citizen you will need to meet the following requirements to apply for naturalization on the basis of your work, business or investment in the UK :

You must be aged 18 or over

You must be of good character

You must be of sound mind

You should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if you are elderly or mentally handicapped

You must pass a test confirming your knowledge of the above mentioned languages and knowledge of life in the UK

You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organization), or be employed by an international organization of which the UK is a member, or be employed by a company or association established in the United Kingdom (and not just use a British passport as means visa-free travel overseas or employment in EU)

The following are additional requirements that must be met in order for you to qualify for naturalization on the basis of 6 year residence :

You must have been living in the UK exactly five years before the date the application reaches the Home Office

During the six-year period you must not have been outside the United Kingdom for more than 450 days (about 15 months)

During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days

During the last 12 months of the six-year period your stay in the United Kingdom you must have held permanent residence/ indefinite leave to remain (ILR)

You must not have been living in the United Kingdom in breach of the UK immigration rules at any time during the five-year period ending with the date that the application is received by the Home Office.

The processing time for naturalization applications depends on a particular type of an application and can be from 3.5 months for registration of minors as British citizens and up to 18 months for recognized refugees. Those who apply for naturalization on the basis of marriage or work, business or investment in the UK, including those with HSMP visas, can expect their application processed in approximately 7 months, although in some cases the Home Office may consider applications faster. We have seen naturalization applications granted in just 3 months.

Those, who are granted British citizenship are required to attend a special ceremony, similar to the one in the United States.

What we can do for you

As British lawyers, we will do our best and even go that extra mile for you. We can help you with the necessary paperwork that will be needed to ensure that your application meets the Immigration requirements.

Please expect us to do the following for you, when you instruct us to represent you or a member of your family:

Full and professional assessment of your case

Advice on whether you should consider a different immigration programme or category

Advice on strong and weak points of your application

Advice on correct list of documents

Advice on evidence required

Instructing your sponsor, relative, employer or college (if required)

Final check of your documents before submission to the Home Office/British Diplomatic Post

Creating a professionally looking paginated immigration bundle

Drafting representations and cover letters to the Home Office/British Diplomatic Post

Working with interpreters (if required)

Submission your application to the Home Office/British Diplomatic Post

Correspondence with the Home Office/British Diplomatic Post

Keeping you updated by post, E-mail or phone on the progress of your application

If something goes wrong : requesting a review or reconsideration

Any further in-country/out-of-country immigration assistance

The above list is not exhaustive as we treat every client's case individually. Please do not hesitate to contact us for a professional immigration advice.