The British Citizenship Process

Applying for British citizenship is an important process if you want to make the UK your permanent home or hold a British passport. In this blog, we discuss the general process to follow when applying for British citizenship, and the information you may need to provide throughout.

What is British Citizenship?

To put it simply, British citizenship means that you will hold the same legal rights as those who were born in the UK. As a British citizen, you will be permitted to live, work and study in the UK as a permanent resident. This means that you will have access to public funds and services and can apply for a British passport. Furthermore, as a British citizen, you are permitted to live in the UK without immigration restrictions.

There are a number of ways to apply for British citizenship depending on your circumstances.

Applying if you were born in the UKEven if you were born in the UK, British citizenship isn’t automatically guaranteed. It will depend on when you’re born as well as your parents’ immigration statuses. Generally speaking, at least one of your parents will need to have had one of these when you were born:

• indefinite leave to remain (ILR)

• right to re-admission

• right of abode

• permanent residence status, if you were born on or before 30 June 2021

• settled status under the EU Settlement Scheme
  

Applying through marriage or civil partnership

You can apply to be a British citizen if you are married/in a civil partnership with a British citizen and have lived in the UK for the last 3 years.

You’ll also need to have either:

• indefinite leave to remain (ILR)

• settled status under the EU Settlement Scheme

If you do, you’ll be eligible to apply for citizenship immediately.

Applying as a Commonwealth citizen

You may also be eligible to apply for citizenship under the Windrush Scheme if both:

• you or one of your parents arrived in the UK before 1973

• you’ve lived in the UK and not been away from it for more than 2 years

If your parent arrived in the UK before 1973, you must have either:

• been born in the UK

• arrived in the UK before you were 18
  

Indefinite Leave to Remain

If you were born outside of the UK and have since immigrated, there is the possibility of applying for ILR after you’ve lived in the UK for exactly 5 years and not broken any UK immigration laws. To apply for ILR, you must also have had 12 months of one of the following:

• Indefinite leave to remain in the UK

• ‘Settled Status’ under the EU Settlement Scheme

• Indefinite leave to enter the UK

Finally, you may also be eligible to apply for citizenship if:

• you have a British parent

• you have another type of British nationality

• you have a parent with British overseas territories citizenship

• you’re stateless

• you previously renounced your citizenship

• other special circumstances apply to you

Application process

There are two ways to apply for British citizenship. You can either make an application yourself, or you can use an agent or representative to assist you. 

In both circumstances, you will also be asked to book an appointment at a UK Visa and Citizenship Application Services point to provide your fingerprints and a photo.

Furthermore, you may need to pass the Life in UK test to be granted British citizenship. There are two tests - one to show that you have sufficient speaking and listening knowledge of English, Welsh, or Scottish Gaelic, and another to verify your knowledge of British customs, traditions, laws, and political system. You must pass both of these tests.

Finally, you must also meet the good character requirement. This is not a set definition, but rather all aspects of your character will be examined. Negative factors include a history of criminal activity and breaches of immigration law. However, past evidence of criminal behaviour does not automatically mean you will be denied citizenship. Furthermore, positive aspects of your character will also be considered: e.g. if you’ve made a positive contribution to society.

Usually a decision takes six months to be processed, but this may currently take longer due to coronavirus. It is important to note that during the application, you need to have permission to stay in the UK until citizenship is granted and you have had your citizenship ceremony.

Citizenship ceremonies

If you have successfully applied for British citizenship and you’re over 18, you need to attend a citizenship ceremony. This can be booked with your local authority, or if you live outside the UK you can ask your embassy or consulate if you can have the ceremony there.

In the ceremony, you’ll be asked to make an oath of allegiance or affirmation and a pledge. In these, you promise to respect the rights, freedoms and laws of the UK.

The information included in this blog is a brief overview of the process of applying for British citizenship. If you would like to learn more about the process and how your individual circumstances may affect it, please contact us to discuss.

The above information is correct as of August 17th 2022 and may be subject to change. The above does not constitute legal advice. Legal advice should be sought regarding your individual circumstances.