BRITISH NATIONALITY BY NATURALIZATION

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Once the applicant has settled status i.e. Indefinite leave to remain under the immigration rules or permanent residence under the EEA regulations or Settled status under the EU Settlement Scheme, he may make his application to be naturalized as a British citizen.

REQUIREMENTS FOR BRITISH CITIZENSHIP

The applicant must have lived in the UK for the last 5 years and have had Indefinite leave to remain under the Immigration rules or permanent residence under the EEA regulations or Settled Status under the EU Settlement Scheme for at least 12 months prior to making this Nationality application.

If the applicant is married to a British Citizen then the time period is reduced to 3 years from 5 years.

The applicant must fulfill the following requirements:

  • He must be at least 18 years of age
  • He must be of sound mind
  • He must meet the residence requirements
  • He must meet the Good Character Requirement
  • He must have passed life in the UK certificate and have qualification
  • in English language of B1 level, at least or an acceptable degree from a recognized Educational establishment meeting the English language criteria or must be a national of an English speaking country.

RESIDENCE REQUIREMENTS OF BRITISH NATIONALITY APPLICATION

If the applicant is not married to a British National, he must not have absence of more than 450 days in the last 5 years including not more than 90 days in the last 12 months, from the date of application.

If the applicant is married to a British citizen, he must not have absence of more than 270 days in the last 3 years including not more than 90 days in the last 12 months, from the date of application.

The Secretary of State however enjoys wide discretion in allowing prolonged absence of the applicant in certain circumstances.

GOOD CHARACTER REQUIREMENT OF BRITISH NATIONALITY APPLICATION

The applicant must be able to demonstrate that he is a person of good character and have shown respect for the rights and freedoms of the UK and have observed UK laws and fulfilled your duties and obligations as a resident of the UK. The Home Office shall carry out criminal record checks on all applicants of British Nationality.

If the applicant has a conviction in the UK or overseas then depending on the length of sentence, he may have to wait for a certain period of time or may not be eligible for citizenship at all, if he was given a sentence of 4 years of imprisonment or more.

If the applicant has used deceptive measures in his dealings with the Home office, he may be placed on a 10 year ban from the date he used deception. A 10 year ban is also applicable if the applicant has made illegal entry in the UK or evaded immigration control or abused life in the UK test process.

The Home Office also routinely checks records with HMRC to see whether the applicant has worked in the UK in breach of the immigration conditions attached to his visa, in the last 10 years.

English Language Knowledge for British Nationality

You can prove English language requirements by having either:

  1. an English qualification at B1 level
  2. a degree taught or researched in English
  3. national of an English-speaking country

The requirement of English Language knowledge is exempt in cases when applicants are aged 65 or over or is unable to due to disabilities or is a citizen of countries that are exempt from.

Life in the UK Test for British Nationality

If the applicant has not passed Life in the UK test at the time of his ILR application he would need one for British citizenship application. The applicants over 65 years of age are exempt from this requirement.

Reconsideration of refusal of British Nationality

The applicant may make an application to the Home Office to reconsider the decision of refusing British citizenship application, provided there are good grounds to make this application.

JUDICIAL REVIEW TO CHALLENGE REFUSAL OF BRITISH NATIONALITY APPLICATION

If the British Nationality application is refused by the Home office, the applicant may lodge judicial review proceedings in the high court provided there are good grounds to challenge the decision. Please read more about Judicial review procedure in our Judicial review section.

BRITISH NATIONALITY REGISTRATION FOR CHILDREN

There are a number of ways where children may be registered as British citizens provided they meet the relevant criteria in each case.

  • Children Born in the UK to parents who were later given ILR
  • Children Born in the UK to parents who have joined armed forces
  • Children whose parents are applying for British Citizenship
  • Children born abroad to parents who are British citizens by descent and have lived in the UK or a British overseas territory.
  • Children born abroad to parents who are British by descent but are now living in the UK or a British overseas territories
  • Children adopted abroad by British citizen parents
  • Children whose parents had renounced and subsequently resumed British citizenship
  • Any other case where the secretary of state considers that it is in the best interests of the child to be given British citizenship.
  • Children born abroad to parents serving in the armed forces
  • Children born outside the UK who are and always have been stateless (having no citizenship)
  • Children born in the UK who are and have always been stateless (having no citizenship)
  • Children born in the UK and complete 10 years of residence

Children of EEA Nationals

There are different rules regarding the children of EEA nationals born in the UK, and in following cases, children will be considered to have British citizenship automatically:

  • If the child was born in the UK to an EEA national before 02nd of Oct. 2010 and the EEA national parent was exercising his treaty rights at the time of the birth, the child will have British citizenship automatically.
  • If the child was born between 02 Oct. 2010 and 30 April 2006 provided the EEA national had permanent residence in the UK at the time of birth.
  • If the child was born after 30 April 2006 provided the EEA national had exercised his treaty rights in the UK for more than 5 years.

Requirements of Registration for British Citizenship

The applicant (Child) must fulfil the following requirements:

  • He must be at under 18 years of age at the time of application
  • He must meet the residence requirements (if applicable)
  • He must meet the Good Character Requirement (If over 10 years of age)

Residence Requirements of British Citizenship Application for Children

In most cases, the children are not required to meet residence requirements in order to be registered as a British citizen. Please do contact us for details about this requirement.

Good Character Requirement of British Citizenship Application for Children

The applicant must be able to demonstrate that he is a person of good character and have shown respect for the rights and freedoms of the UK and have observed it’s laws and fulfilled his duties and obligations as a resident of the UK. The Home office shall carry out criminal record checks on all applicants of British citizenship, provided the child is above 10 years year of age.

Reconsideration of refusal of British Citizenship to Children

The applicant may make an application to the Home office to reconsider the decision of refusing British citizenship application, provided there are good grounds to make this application.

Judicial Review to Challenge Refusal of British Citizenship Application for Children

If the British citizenship application is refused by the Home office, the applicant may lodge judicial review proceedings in the high court provided there are good grounds to challenge the decision. Please read more about Judicial review procedure in our Judicial review section.

Why to instruct Chauhan Solicitors to Apply for British Nationality Application and Child Registration as a British Citizen to the Home Office

We are a city law firm, specialising in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully on their British Nationality Applications to the Home Office.

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