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British Nationality by Naturalisation
If you have been physically resident in the UK for a year as a permanent resident, you may apply to become a naturalised British citizen. Unfortunately, naturalisation applications are likely to take one to one and half years to be processed. If you seek naturalisation other than by marriage to an UK Citizen, then you must meet the requirements outlined below:
General Requirements
- You must be aged 18 or over and not of unsound mind;
- You must be of good character;
- You should have a sufficient knowledge of the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if one is old or mentally handicapped;
- You should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom;
- You should have fulfilled the five-year requirement as detailed below.
The Five Year Residence Requirement
The five-year period is the period ending with the date the application is received by the Home Office.
The requirements are as follows:
- The candidate must have been in the United Kingdom at the beginning of the five year period; and
- In the five year period the candidate must not have been outside the United Kingdom for more than 450 days; and
- In the last 12 months of the five year period the candidate must not have been outside the UK for more than 90 days; and
- In the last 12 months of the five year period the candidate's stay in the United Kingdom must have been not subject to any time limit under the immigration laws; and
- The candidate must not have been in the United Kingdom in breach of the immigration laws at any time in the five-year period.
British Nationality by Marriage
British Nationality may be acquired by marriage after a period of three years residency in the UK. The three-year period is the period ending with the date the application is received by the Home Office.
The requirements are as follows:
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The candidate must have been in the United Kingdom at the beginning of the three year period; and
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On the date that the candidate's application is received in the Home Office, her/his stay in the United Kingdom must be not subject to any time limit under the immigration laws; and
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In the three year period the candidate must not have been outside the United Kingdom for more than 270 days; and
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The candidate must not have been in the United Kingdom in breach of the immigration laws at any time in the three-year period.
British Nationality on the basis of Ancestry
Please note the following abbreviation will be used below:
BNA = the British Nationality Act 1981
The landmark, which should be noted, is 1st January 1983. On that date the Nationality Act 1981 came into force.
A child born, whether in the UK or anywhere else in the world, BEFORE 1st January 1983, is a British Citizen if at the time the father was a Citizen of the United Kingdom and Colonies. However, a child born in the UK after 1st January 1983, will only be a British Citizen if:
At the time of the birth, the mother or father of the child is either a British Citizen or settled in the UK; and
The father was married to the mother at the time of the child’s birth.
A child born outside the UK after 1st January 1983, will only be a British Citizen by descent if:
At the time of the child's birth the father or mother of the child is a British Citizen by birth, adoption, registration or naturalisation, but not by descent.
Right of Abode
A person who is a dual national (holds two nationalities), is entitled to hold a Right of Abode stamp in the foreign passport to enable travel into the UK without any hindrances should they wish to travel into the UK on the second passport.
It is also possible to have the Right of Abode if, as a Commonwealth National, you are a person who has a British born parent at the time of your birth, or if you are a commonwealth woman married to a British Citizen on or before 1st January 1983.
A person with the right of abode if not already British, may also apply to register as a British Citizen.
Irish Ancestry
Many US nationals are surprised to find that they can claim Irish nationality. This may be possible through a parent or grandparent, and an application can be completed quite quickly. This may be another method of immigration into the UK as Ireland is a European Union country. Irish nationals are free to work, start a business, study etc. in the UK without having to adhere to the requirements mentioned in the immigration categories above. They also have the right to free movement to other European Union countries.
Spouses and Dependants of European Union Nationals
It is interesting to note that Non-EU spouses and dependants of EU nationals have a right to gain entry to an EU country to join their EU national relative. To take an example, an Australian wife of a British Citizen would need to come under UK immigration law to enter the UK to stay with her husband. However, if the Australian wife wished to live with her husband who may be working in France this would come under European Union Law and she would have a right to live in France for the duration of her husband’s stay there.
This summary of law and procedure is accurate and current to the best of our knowledge and belief.
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