Aquiring British Citizenship
British citizenship can be achieved through registration or naturalisation.
Many people are eligible to register for British citizenship with the process varying according to the category into which an applicant falls.
The various categories are:
- British Overseas Territories citizen
- British Overseas citizen
- British Protected Person
- British Subject.
British Mother and born before 1983 and:
- would have become a citizen of the UK and Colonies by descent if women had been able to pass citizenship onto their children in the same way as men
- would have had the right of abode in the UK and have become a British citizen on January 1, 1983, having become a citizen of the UK and Colonies
- is of good character.
Born in the UK on or after January 1983 and:
- is over the age of 10 and
- has spent no more than 90 days outside of the UK in each of the first 10 years of life.
Born in the UK after 1983 and:
- is under the age of 18 and
- one parent must have settled in the UK or become a citizen after the date of birth.
Residents of Gibraltar and Hong Kong, subject to varying requirements.
Have Previously Renounced Citizenship and wish to reclaim it, subject to varying requirements.
Whilst there are various categories of British Nationality, it is only British Citizenship that provides the right to live and work in the UK without a visa.
To become a naturalised citizen of the UK, the standard eligibility and residential requirements must be met.
Nationals of the European Economic Area (EEA) and Switzerland automatically receive UK permanent resident status having lived in the UK for a continuous 5-year period through the EEA free-movement rights. Thereafter leave to remain will be granted and citizenship may be applied for subject to the following requirements being met.
A different set of requirements applies for those who are married to or are the civil partner of a British citizen as set out below.
Standard Eligibility Requirements
An applicant must:
- be over 18 years of age;
- be of sound mind;
- intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK;
- have sufficient proficiency in the English, Welsh, or Scottish Gaelic language;
- have sufficient knowledge of life in the UK;
- be of good character; and
- meet the residential requirements or
- be married to someone or has a civil partner in the Crown or designated service outside of the UK.
The applicant will need to show that he/she:
- was in the UK on the date five years prior to the date of the application;
- has not been absent for more than 450 days in that period;
- has not been absent for more than 90 days during the last 12 months of that period;
- has held indefinite leave to remain in the UK for the last 12 months (for EEA nationals and their dependants only, completing a qualifying residence period in the UK in exercise of Treaty rights).
- has not been in breach of immigration laws in the last 5 years;
- is of good character; and
- intends to make the UK either home or principal home.
How Can We Help?
As the Home Office fee for each application is substantial, it is essential that you obtain professional help and guidance from the outset and throughout the process in order to give your application the best chance of success, thereby avoiding the risk of wasted fees.
If you do not meet all the requirements of the British Nationality Act 1981, the UK Border Agency may, in certain circumstances, exercise its discretion and grant your naturalisation application anyway and we can assist you with making a case to the Home Office to exercise its discretion in your favour.
We can advise on all aspects of British Citizenship including:
- whether you are or your child is automatically a British Citizen or entitled to register as one.
- whether you or your child can naturalise or register as British Citizens.
- how to obtain British Citizenship or how to prove you are already British.
- the circumstances in which the UK Border Agency could exercise its discretion to grant you citizenship.
We are happy to represent you throughout any application process.
Kangs Solicitors has an established specialised Immigration Department, able to assist in all aspects of asylum and immigration at all stages from application preparation to representation at Tribunal and any subsequent Appeal Hearings.
We provide comprehensive legal advice, ensuring your application meets the legal requirements.
We collate your evidence and prepare detailed submissions to the Home Office. Where required, we will also undertake ongoing liaison with the Home Office.
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team through either of the following who will be happy to speak to you and guide you:
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