British citizenship/ nationality

You would not become automatically British citizen, but you make application to become British citizen. There are number of ways to apply to naturalise or become British citizen, it could be varied depending on individuals’ circumstances. It might be possible you qualify more than one way; in these cases, you can choose way you would prefer.

You may 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 gave up (renounced) your citizenship.
  • other special circumstances apply to you.
  • you’re a Chagossian descendant (a direct descendant of someone born in British Indian Ocean Territory)

You may be eligible to apply for British Citizenship if you are married or in civil partnership with British citizen, living in UK with ether settle status or ILR at present in the UK. If you have indefinite leave to remain, usually you become qualify for indefinite leave to remain if live in UK for five years as partner of British citizen,

 

  • British citizenship application for the person who is married or in a civil partnership with a British citizen.
  • You are over 18 years old
  • The applicant must be settled at the time of application.
  • Must have been living in the UK legally for at least three years continuously before making the application.
  • Must have been physically present in the UK on the date three years before the application is made.
  • Must not have been absent for more than 270 days in total during the three years qualifying period and not more than 90 days in the year immediately before the application.
  • Must be able to demonstrate sufficient knowledge of English language and sufficient knowledge of life in UK by possessing a Home Office approved qualification or passing a Home Office prescribed attachment, as specified in Schedule 2A to the 2003 regulation.
  • Must show a good character and have no criminal record.
  • If not married, then must show an intention to live in the UK.
  • You have held indefinite leave to remain for at least 12 months in the UK
  • You meet good character requirement and do not have any criminal record.
If you born in the UK, you would not automatically become British Citizen, weather you would qualify will depends on when you born, what was status of your parents at the time you born. Key is that you must make an application to become British citizen otherwise you will not be automatically.

Application to naturalise as British Citizen can be complex for individuals if they do not meet good character requirement, it is complex and most common ground for refusal in British citizenship applications. This criterion essentially designed to stop someone with adverse immigration history, convictions, offences, depending on the nature of act can likely affect British citizen application. Applicant are required to disclose all convictions however not all convictions may be taken into account while deciding application.

 

According to home office guidance, a person will not be consider as good character if there is any of below apply

 

Criminality – if they have not respected or are not prepared to abide by the law for example, they have been convicted of a crime or there are reasonable grounds to suspect, meaning it is more likely than not, they have been involved in crime

 

International crimes, terrorism, and other non-conducive activity – if they have been involved in or associated with war crimes, crimes against humanity or genocide, terrorism, or other actions that are considered not to be conducive to the public good.

 

Financial soundness – if their financial affairs have not been in appropriate order – for example, they have failed to pay taxes for which they were liable or have accrued significant debt.

 

Deception and dishonesty – if they have been deliberately dishonest or deceptive in their dealings with the UK government, for example they have made false claims to obtain benefits

 

Immigration-related matters – if they have breached immigration laws, for example by overstaying, working in breach of conditions or assisting in the evasion of immigration control.

 

This is not exhaustive list; applicant does not fall in any of the above may still be refused or may receive request for an interview from permanent migration interview to make overall assessment.

Applicant are required to provide prove of knowledge of English language by passing an approved English language test at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale for your first visa application or at least level A2 in speaking and listening if applying for extension unless you are exempt. You can prove knowledge of English by providing degree certificate, if you have a degree or academic qualification that was taught or research in English. You may need to provide certificate from Eccti to show degree equivalency to UK research or academic degree and confirmation it was taught in English.

 

  • you’re applying as an adult coming to be cared for by a relative
  • you’ve been in the UK on a family visa for 5 years and you’re extending it as a partner or parent.
  • you’re over 65.
  • you’re applying as a child.
  • you have a physical or mental condition that prevents you from meeting the requirement.
  • You will also be exempt if you are from majority English speaking country including Antigua and Barbuda, Australia, the Bahamas, Barbados. Belize, the British Overseas Territories, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, USA.

To qualify for British nationality, you must provide evidence of knowledge of Life in UK by having passed Life in UK test, any time before applying. If you have passed life in UK when applied for ILR then Same can be used while applying for British nationality. Life in UK is computer-based test examining knowledge around life in UK, traditions, politics and custom, UK laws.

 

You don need to pass it if any of the below applies.

 

  • You do not need to take test if you have already passed it
  • You are under 18 years old.
  • You are over 65 years old.
  • You may can show home office that you cannot pass the test if you are aged.
  • 60 to 64 if you are receiving medical treatment for serious illness.
  • You will be exempt from taking test if you have serious physical or mental health conditions because of which you cannot pass. You would be required to provide evidence from doctor confirming same also confirm that conditions unlikely to change and make it impossible to pass the test.
  • Documents proof your identity such as passport.
  • Biometric card if you have any.
  • Proof of English language test
  • Life in UK test unless you are exempt.
  • Documents confirming your lawful residence in the UK as per requirement such as Letter from employer, college university or any other government department.
  • Complete record of any absences from the UK during qualifying period
  • Marriage or civil partnership certificate.
  • Any relevant documents that can support good charter requirement.
  • Two references from someone know you.
Usually, you can apply either online or by post, but if you are residing channel island, isle man or British overseas territory you must apply by post. Depend how you have applied you either must post documents along with application or scan and upload copies then you will book an appointment for your biometric. After you have applied home office will contact you if require further information, whole process can take up to six months or longer depending on individuals’ circumstances, however you can travel outside UK while waiting for decision. Once you have notification of successful application you must arrange to attend citizenship ceremony at your local council. After attending British citizen ceremony, you need to apply for British passport if you want to travel outside UK.

How can our Immigration lawyer can help you with your immigration matter.

We are committed to provide highest standard of legal advice, we treat each client with care and passion, offer support as much needed, making clients journey successful and reassuring.

 At KASH LEGAL SERVICES we specialized in UK Visa and immigration, weather you require expert advice in matter relating with UK Visa and Immigration including UK Spouse visa, UK Visit visa, British Citizenship, Schengen visa, indefinite leave to remain ILR, UK spouse visa extension, UK fiancé Visa, Unmarried partner visa, UK Tourist visa, skilled worker visa. Weather you need advice or representation, we offer full spectrum of legal advice, ensuring personalised attention to every detail of your case.

Visit www.kashlegalservcies.co.uk – Contact us today- your partner in navigating UK visa and immigration paths with confidence and care.

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British citizenship

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