British Citizenship

If you are at least 18 years old and have been granted indefinite leave to remain or have acquired a right of permanent residence in the UK, you may be eligible to apply for British Citizenship by Naturalisation.

Can I apply for British Citizenship by Naturalisation?

In order to be naturalised as a British citizen, you will need to meet certain statutory criteria with regard to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.  The requirements for British Citizenship by Naturalisation vary slightly depending on whether you are married to a British citizen or not.

Apply for UK Citizenship: Not married to a British citizen

If you are not married to a British citizen (or do not wish to rely on your marriage to a British citizen) the Home Office must be satisfied that:

• You were in the UK on the day five years before the date of your application;
• You have not been absent from the UK for more than 450 days during the intervening five year period;
• You have not been in the UK in breach of the immigration laws at any time during that five year period;
• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
• You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
• Your intentions are that if your application is successful your home (or principal home) will be in the UK.

Apply for UK Citizenship: Married to a British citizen

If you are married to a British citizen, the Home Office must be satisfied that:

• You were in the UK on the day three years before the date of your application;
• You have not been absent from the UK for more than 270 days during the intervening three year period;
• You have not been in the UK in breach of the immigration laws at any time during that three year period;
• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
• You are not subject to any time limit on the period for which you may remain in the UK at the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

If you do not qualify for British citizenship automatically, you may be eligible to apply for Registration as a British citizen, either by way of an entitlement or on a discretionary basis.

What are the main eligibility requirements for Registration as a British Citizen?

In order to be entitled to register as a British citizen, you will need to satisfy the Home Office that you meet one of the following requirements:

• You were born in the UK on or after 1 January 1983, you are not automatically a British citizen by birth, your mother and/or your father became British citizens or settled in the UK before your 18th birthday, and you applied for registration before your 18th birthday; or
• You were born in the UK on or after 1 January 1983, you are not automatically a British citizen by birth, on or after 13 January 2010 your mother and/or your father became a member of the armed forces before your 18th birthday, and you applied for registration before your 18th birthday; or
• You were born in the UK on or after 1 January 1983, you are not automatically a British citizen by birth, you were absent from the UK for no more than 90 days in each of the first ten years of your life, and you applied for registration at any time after your 10th birthday (you may therefore apply under this provision at any age); or
• You were born outside the UK on or after 1 January 1983, at the time of your birth one of your parents was a British citizen by descent, that parent’s father or mother was a British citizen otherwise than by descent, at any time prior to your birth that parent had been in the UK for a consecutive period of at least three years, during that three year period that parent had not been absent from the UK for more than 270 days, and you applied for registration before your 18th birthday; or
• You were born outside the UK on or after 1 January 1983, at the time of your birth one of your parents was a British citizen by descent, you apply for registration before your 18th birthday, you and your parents were in the UK on the day 3 years before the application is made, during the intervening 3 year period neither you nor your parents have been absent from the UK for more than 270 days, and both your mother and your father consent to the registration; or
• You were born outside the UK and Colonies before 1 January 1983, at the time of your birth your mother was a Citizen of the UK and Colonies, you would have automatically been a Citizen of the UK and Colonies by descent through your mother if specific provisions of British nationality law had provided for this at the time of your birth in the same way as it provided for citizenship by descent through a father, and if in those circumstances you would have had the right of abode in the UK immediately before 1 January 1983; or
• You were born in the UK before 1 July 2006, your parents were not married at the time of your birth, you have never been a British citizen, and you would have become a British citizen in certain specific circumstances had your parents been married at the time of your birth; or
• You are a British Overseas Territories Citizen, a British National (Overseas), a British Overseas citizen, a British subject, or a British protected person, you apply for registration, you were in the UK five years before the date of application, during the intervening five year period you were not absent from the UK for more than 450 days or in the UK in breach of the immigration laws, and in the twelve months immediately before the date of application you were not absent from the UK for more than 90 days or subject to any restriction on the period for which you might remain in the UK; or
• You are a British Overseas citizen, a British subject, a British protected person, or a British National (Overseas), you apply for registration, the Secretary of State is satisfied that you do not have any other citizenship or nationality, and the Secretary of State is satisfied that you have not voluntarily lost through action or inaction any other nationality at any time after 4 July 2002 (or, if you are only a British National (Overseas), after 19 March 2009); or
• You were born outside the UK on or after 13 January 2010, at the time of your birth your mother or father was a member of the armed forces serving outside the UK, you apply for registration, and if you are under 18 at the date of application your parents consent to the registration.

You may also be entitled to be registered as a British citizen if you have previously renounced British citizenship, you are of full capacity, and your renunciation of British citizenship was necessary to enable you to acquire or retain some other citizenship or nationality.

If you are not entitled to be registered as a British citizen you may still apply for registration on a discretionary basis:

• As a child, at any time before your 18th birthday;
• As a British overseas territories citizen, at any time.

What else do I need to know about Registration as a British Citizen?

If a person is aged 10 or over when they apply for registration as a British citizen, the Secretary of State must be satisfied that the person is of good character. Although the Supreme Court has declared the good character requirement to be incompatible with Convention rights in relation to some applications for registration, the statutory requirement currently remains in place.

Applications for registration on a discretionary basis, particularly as a child, can be challenging. Before applying on this basis it can be helpful to consider the merits of the application, both in principle and in regard to the evidence available. One particularly relevant factor for children is often whether their future can clearly be seen to lie in the UK.

If you are over 18 when your application for registration as a British citizen is successful, you will have to attend a registration ceremony. At the end of the ceremony you will be presented with your certificate of registration as a British citizen.

British nationality law provides that many people automatically acquire British citizenship by law without having to make any form of application. If you have British citizenship by Automatic Acquisition then you will have the right to enter and reside in the United Kingdom free of immigration restrictions.

What are the main eligibility requirements for British Citizenship by Automatic Acquisition?

In order to qualify for British Citizenship by Automatic Acquisition you will need to show that you are a British citizen by operation of law.

The most common ways to automatically acquire British citizenship by law are:

• To have been born in the UK on or after 1 January 1983 and at the time of your birth either your mother or your father was a British citizen or settled in the UK;
• To have been born outside the UK on or after 1 January 1983 and at the time of your birth either your mother or your father was a British citizen otherwise than by descent; or
• To have been born before 1 January 1983 and immediately before that date to have been a Citizen of the UK and Colonies with a right of abode in the United Kingdom.

What else do I need to know about British Citizenship by Automatic Acquisition?

British nationality law can be complex. Your precise circumstances are different to those of every other person. This means, for example, that you may have a claim to British citizenship by Automatic Acquisition even if one or more of your siblings has not.

You will need to show that you were:

• Born in the UK on or after 1 January 1983 and your mother or your father was settled in the UK at the time of your birth; or
• Adopted in the UK as a child on or after 1 January 1983 and one of your adopters was a British citizen at the time of your adoption; or
• Found abandoned as a new-born infant in the UK on or after 1 January 1983; or
• Born in the UK on or after 13 January 2010 and your mother or father was a member of the armed forces; or
• Born outside the UK on or after 1 January 1983 and your mother or your father was a British citizen otherwise than by descent at the time of your birth; or
• Born outside the UK on or after 1 January 1983 and at the time of your birth your mother or father was a British citizen serving outside the UK in a qualifying service having been recruited for that service in the UK; or
• Adopted outside the UK as a child under a Convention adoption on or after 1 January 1983 and one of your adopters was a British citizen at the time of your adoption and the adopters were habitually resident in the UK at the time of your adoption; or
• Born in the UK before 1 January 1983; or
• Adopted in the UK before 1 January 1983; or
• Naturalised as a Citizen of the UK and Colonies in the UK before 1 January 1983; or
• Registered as a Citizen of the UK and Colonies in the UK before 1 January 1983; or
• A Citizen of the UK and Colonies immediately before 1 January 1983 and were born to or adopted by a parent who at the time of your birth or adoption was a Citizen of the UK and Colonies by birth, adoption, naturalisation or registration in the UK; or
• A Citizen of the UK and Colonies immediately before 1 January 1983 and at any time before then had been settled in the UK and at that time had been ordinarily resident in the UK for five years while a Citizen of the UK and Colonies; or
• A Commonwealth citizen immediately before 1 January 1983 and at the time of your birth or adoption your mother or father (or adoptive parent) was a Citizen of the UK and Colonies by birth in the UK.

The term ‘father’ has a specific definition in British nationality law and this definition has varied over time. It is therefore essential to confirm your precise circumstances as the person you consider to be your father may or may not be recognised as your father for the purposes of British nationality law.

British citizenship by descent is also defined in British nationality law. If you were born outside the UK it is essential to confirm the basis on which your parents acquired their British citizenship.

In relation to the above summary, the UK includes the Channel Islands and the Isle of Man, and from specific dates certain qualifying territories.

How our immigration barristers can help

Our immigration barristers have experience assisting with all types of nationality matters. Whether you are looking to apply for a first British passport for you or your child, or have recently been refused a British passport having held one throughout your life, our barristers will guide you through the complexities of British nationality law.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration and nationality advice to as part of a professional and friendly service.