UK Residency & Citizenship

What are the British Citizenship requirements?

Based on the British Nationality Act, those who wish to apply for Citizenship must meet the following eligibility requirements:

• Be over the age of 18
• Have spent at least 5 years of continuous residence in the UK, with no longer than 450 days outside the UK
• Have held Indefinite Leave to Remain (ILR) in the UK for at least 12 months
• Meet the B1 CEFR level English language requirements (unless exempt)
• Pass the Life in the UK Test, to show that you are aware of the basics of the British customs, traditions and culture
• Not have been in breach of any UK immigration rules
• Demonstrate that they meet the Good Character requirement

Becoming a British Citizen via Naturalisation

Naturalisation is the process by which you can apply for British Citizenship if you were not born in the UK.

Those who are married to British citizens, can submit their application for naturalisation after three years of continuous residence as a settled person.

What are the immigration routes to register as a British Citizen?

There are many routes you can follow to register as a British citizen. These routes are dependent on your current circumstances.

Route 1: British Citizenship by Birth or by Descent.

You may automatically be recognised as a British national if you were born in the UK after 1st January 1983. However, you may also be eligible if you were born abroad from at least one parent who is a British citizen or settled person.

Route 2: British Citizenship by Marriage.

To apply for British nationality as the spouse or civil partner of a UK citizen, you must have spent at least 3 years in the UK as a settled person (either holding Indefinite Leave to Remain or EU Settled Status).

5-year route. After 5 years of residence in the UK, you can apply for Indefinite Leave to Remain. After another 12-month period as a settled person, you are allowed to submit your application for British nationality. The same applies to EU and EEA citizens on the EU Settled Scheme.

When should you apply to become a British Citizen?

You can become a British Citizen once you have held Indefinite Leave to Remain in the UK for at least 12 months. The same requirement applies to those who hold Indefinite Leave to Enter the UK, and to EU and EEA citizens who have had EU settled status for a specific amount of time.

On the other hand, if you are married to a British citizen, you can apply for Naturalisation immediately after you get Indefinite Leave to Remain in the UK.

If you hold Indefinite Leave to Remain, but you are away from the UK for more than two years, you will lose your status, and you will no longer be eligible to apply for British nationality.

If you are an EU citizen holding settled status, you will lose your right to settle in the UK after spending more than five years abroad.

British Citizenship for children

How can I register my children for British citizenship by birth?

Only applicants aged 18 or above can naturalise as British Citizenship. If your children are under the age of 18, you will need to apply for registration. However, before they can be included in your citizenship application, they must hold Indefinite Leave to Remain.

Children who are over the age of 13 can qualify for Naturalisation only if they have lived in the UK for at least two years prior to their application for registration.

Children who were born in the UK from non-British nationals will be entitled to register for citizenship as soon as their parents acquire ILR or Settlement Status. On the other hand, children of non-British parents who are already settled in the UK will automatically obtain nationality at birth.

To register your children for British citizenship, you can fill in the online form. You will then be asked to book an appointment at your nearest UKVCAS service point to provide your biometric information.

Do children of UK nationals born abroad obtain British citizenship by birth?

Children born outside the country from UK nationals can acquire British nationality “otherwise than by descent”. This means that he or she will, in turn, be able to transmit this status to future generations born either abroad or in the UK.

According to the 1981 British Nationality Act, an individual born outside the UK can be a British citizen if at the time of the birth either the father or the mother was a UK national.

Children under the age of 18 can acquire or register for British citizenship providing that:

• Both parents have lived in the UK for three years on the date that the application is submitted.
• Both parents sign and consent to the application.
• If the child is aged ten or older, he or she must be of good character.

If both parents were born in the UK, the child will automatically acquire citizenship status. If the parents are both British nationals but were born abroad, children will need to be registered for nationality. The same applies to children born abroad who were adopted by British parents.

Do children born in the UK automatically acquire British citizenship?

Your entitlement to apply for British citizenship if you were born in the UK depends on your circumstances. There are two options you can pursue:

Children born on or after 1st January 1983

If you or your children were born in the UK on or after 1st January 1983, you could be eligible for British citizenship. To qualify, you must be under the age of 18 and have lived in the UK until you reached the age of 10 or older.

You will acquire your nationality status only when at least one of your parents becomes a British citizen, or at least get permission to stay in the UK permanently via Indefinite Leave to Remain or EU Settlement.

Children born before 1983

You are automatically a British citizen if you were born in the UK before 1 January 1983, unless your father was a diplomat working for a non-UK country or if you were born in the Channel Islands during World War 2.

To ensure that you hold British nationality, you can ask for a letter of confirmation of your status.

British Citizenship by descent

Who is eligible to become a British citizen by descent?

British citizenship by descent is automatically passed down from one generation to the next, who were born abroad. For example, if you were born outside of the UK but one of your parent's was a British citizen at the time of your birth then you will automatically acquire British citizenship by descent.

Your parent can automatically pass on their citizenship if they were either born or adopted in the UK, obtained citizenship after applying for it, or was working as a Crown servant at the time of your Birth. You will not qualify for automatic citizenship by descent if your British parent obtained their own citizenship by descent.

Whether you are an automatic citizen by descent also varies depending on when you were born and your parents immigration status at the time. If you were born outside the UK on or after 1st July 2006 then you will automatically have citizenship by descent if either one of your parents was a British citizen otherwise than by descent at the time of your birth.

If you were born outside of the UK between 1983 and June 2006 then you are also an automatic citizen by descent if your mother or father was a British citizen otherwise than by descent at the time of your birth, however they must have been married at the time if your father had British citizenship, but your mother did not.

If you were born outside the UK before 1983 then you will only be an automatic citizen by descent if your father was British and was also a citizen of the United Kingdom and Colonies and was married to your mother.

How do you acquire British citizenship by descent?

According to British nationality law, all UK citizens are either citizens by descent or British citizens otherwise than by descent. Citizens otherwise than by descent include those who are British citizens by birth, registration, naturalisation, or adoption.

British citizenship by descent is when someone who was born overseas can apply for British citizenship based on either their parents or grandparents' status as British citizens.

British citizens by descent are not subject to immigration restrictions and retain the same rights as any other British citizen. However, citizens by descent are not able to pass on their British citizenship to their children who were born outside the UK whilst British citizens otherwise by descent are able to do this.

In some instances, eligible children are not automatically citizens of the UK but need to register for their nationality status. The law is applied as follow:

• Children born on or after 1st July 2006 are automatically British nationals providing that one of the parents was a British citizen at the time of the birth
• Children born between 1983 and June 2006 could acquire UK citizenship if one of the parents was a British national at the time of the birth
• Children born before 1983 are automatically UK citizens if the father is British or a citizen of the United Kingdom and Colonies, other than married to their mother

Who is eligible to register for citizenship by descent?

If you do not have an automatic right to British citizenship, there are several circumstances in which you may be eligible to register as a British citizen by descent instead.

If you were born before 1983, you may be eligible to register as a citizen by descent if either your parents were not married at the time of your birth or if your mother was British rather than your father. To be eligible to register, your mother or father must have been a citizen of the United Kingdom and Colonies at the time of your birth and they must have citizenship otherwise than by descent unless they were working as a Crown servant when you were born.

If you were born between 1983 and June 2006 - you can register for citizenship by descent if your father was not married to your mother when you were born. To be eligible your father also must have been a British citizen otherwise than by descent or working as a Crown servant when you were born.

If you were born outside the UK on or after 1st July 2006 you may still be able to qualify to register as a British citizen if either you have lived in the UK with your parents, your British parent lived in the UK before your birth or if you were adopted outside of the UK.

Why choose Westridge Legal?

Settlement in the UK can become very complicated very quickly and it is important that you obtain legal advice prior to pursuing any applications of this nature. Our team of Immigration lawyers are aware of the sensitivity and complexity involved in such matters, especially for settlement cases involving domestic violence.

We understand that every individual requires different care and are here to support you. Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.