British Citizenship - Naturalisation

A person who becomes a British citizen through naturalisation is considered to be a British citizen otherwise than by descent.

The requirements for naturalisation are different for an applicant who is married to, or in a civil partnership with, a British citizen, or who is in Crown service overseas or married to a British citizen in such service. 

Naturalisation, unlike registration, is not an entitlement. The grant of a certificate of naturalisation is at the discretion of the Home Office.

While the UK permits dual or multiple citizenship, some other countries do not. Some countries also have procedural requirements that must be met in order for a citizen to retain their existing citizenship if they intend to take up the citizenship of another country.

The acquisition of British citizenship by a national of a European Economic Area (EEA) state or Switzerland will in most cases have implications for the exercise of free movement rights for that person and their family members in the UK.

There are two main categories with different sets of requirements depending on whether or not the applicant is the spouse or civil partner of a British citizen. 

The British Nationality 1981 sets out that a 5-year route will apply if the applicant does not have a British citizen spouse or civil partner.

A 3-year route will apply if the applicant is the spouse or civil partner of a British citizen.

In addition to the two main routes, there are alternative routes if the applicant is serving outside the UK in Crown service under the government of the UK or is the spouse or civil partner of a person in Crown service. The Homne Office has discretion to disregard breaches of the immigration laws during the qualifying period, ie breaches involving being in the UK without leave to enter or remain. Other immigration offences, such as breaching immigration conditions or facilitating unlawful immigration, will not be considered under the residence requirement but under the good character requirement.

Good Character Requirement

An applicant will not normally be considered to be of good character if any of the following apply:

they have not respected and/or are not prepared to abide by the law, eg they have been convicted of a crime or there are reasonable grounds to suspect (ie it is more likely than not) they have been involved in crime

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

their financial affairs are not in appropriate order, eg they have failed to pay taxes for which they are liable

their activities are notorious and cast serious doubt on their standing in the local community

they have been deliberately dishonest or deceptive in their dealings with the UK government

hey have assisted in the evasion of immigration control

they have previously been deprived of citizenship

Our immigration solicitors provide competent, confidential legal advice and are able to offer effective legal representation.