British Citizenship

British Citizenship

Uk nationality law is one of the most complicated areas of UK immigration law. British citizenship grants applicants the full rights of a UK citizen. That includes living, working, traveling, entering, and leaving the country without any restrictions. British nationality can be acquired including the following:

1

Citizenship through Naturalisation

The applicant needs to meet the following requirements to naturalize as a British citizen:

Be over 18 years old

Be of good character

Have the requisite language ability

Have passed the Life in the UK test

Intend to continue to live in the UK

The applicant will also have to satisfy residential requirements. The key requirements are as follows:

·        applicant must have lived in the UK for five years before you apply to naturalize

·        The applicant has to have spent enough time in the UK over those five years

 The applicant has held indefinite leave to remain or permanent residence for 12 months before you apply to naturalize

 

In addition to the above, the applicant must meet good character and residential requirements. The application can take a maximum of six months to be decided. The applicant will get an approval letter and a citizenship invitation letter. The citizenship ceremony is arranged at the local registry. A person will become a British citizen and receive a certificate of naturalization.

2

British citizenship by descent or birth

British Citizenship by Birth

The child who is born in the UK. He does not necessarily get automatic entitlement to British citizenship. The date of the child and parents’ immigration status at the time of the birth determine the entitlement to British citizenship.

Unborn child

Depending on where birth happens, different rights to British nationality can arise. A child has an automatic right to British nationality. When its birth in the UK if a parent has settled status.

A British citizen who was born outside the UK. He cannot normally pass British nationality to their child born abroad (outside of the UK). One obvious solution is to move to the UK and have the child there. The child will have an immediate claim to British nationality at birth because the British parent would be treated as settled.

A further advantage of giving birth in the UK is that the child becomes British. Otherwise than by descent and can pass British nationality. To their own children irrespective of where those children are born.

Born after 1 January 1983

A person born in the UK after 1 January 1983 only qualifies for British nationality based on the status of their parents. He can claim British nationality in one of two cases:

· A parent was settled in the UK at the time of the child’s birth

· The person spent the first 10 years of their life in the UK

Children under 18

A further provision is available for a child under 18 born in the UK after 1 January 1983.  The parent acquires settled status in the UK before the child turns 18.

Born before 1 January 1983

A person born in the UK before 1 January 1983 qualifies for British nationality in several ways.

A person born in the UK before 1 January 1983 will normally have become British at birth by operation of law. That is, they are already British and can apply for a British passport immediately. Such a person is classified as British. Otherwise than by descent*and can pass British nationality.  Their children, irrespective of where they are born.

A notable exception is where the parents were residents in the UK at the time due to diplomatic service on behalf of a foreign** government.

3

British citizenship through a Uk-born father

British nationality rights can be passed down to children of a father born in the UK. It depends on when the child was born and when the father was born. The parents were married at the time of the child’s birth.

Rights to British nationality for a child born outside of the UK fall into two categories:

· Where the father was born in the UK before 1 January 1983

· Where the father was born in the UK after 1 January 1983

Exceptions apply if your parents were not married at the time of your birth. Please see below.

Father was born in the UK before 1 January 1983

If you were born to a father who was born in the UK before 1 January 1983. You are a British citizen at birth and by operation of law (that is, without any need to apply).

In such situations, the relevant father is considered as being British other than by descent and passes British nationality to his children. You can apply for your British passport.

Father was British at the time of your birth

If your father was born in the UK after 1 January 1983 and was British at the time of your birth. Then you are a British citizen at birth and by operation of law (that is, without any need to apply). In such a situation. The relevant father is considered as being British other than by descent and passes British citizenship to his children. You can apply for your British passport on this basis.

Father was not British at the time of your birth

If your father was born in the UK after 1 January 1983 and was not British at the time of your birth. Then your rights to British nationality depend on your age (whether you are under 18 or not). The status of your parents at your birth and their status now.

If you are under 18. It can be important to act before a child turns 18. After they turn 18, several rights to British nationality fall away and can be lost forever.

Parents not married at the time of birth

Historically, a person did not become British. He has a claim to British nationality based on a UK-born father. If the parents were not married at the time of the child’s birth. Recent legislation has now been passed to allow a route to nationality for those who were disadvantaged from older legislation.

You were born after 1 July 2006

If you were born after 1 July 2006. The fact that your parents were not married is irrelevant and you should assess your rights to British nationality set out above.

You were born before 1 July 2006

If you were born before 1 July 2006, then a separate application must be made to claim British nationality. However, as always, there are catches. We can deem some illegitimate children to be British by operation of law using the domicile laws of other countries. If someone is already a British citizen by operation of law, it would be wholly inappropriate to register that person as a British citizen because it would have one of two effects:

1. Potentially remove rights from any children already born to that person

 

2. Remove citizenship of another country because the subject has made a voluntary application to acquire citizenship.

It, therefore, follows that anyone who might have a valid claim under these new proposals should always consider the potential negative implications. For this reason, this route to British nationality is considered complex and will require a  to be conducted first before an application for British nationality is made. To get deep information Contact US.

4

British Citizenship through a Uk-born mother

Do you qualify to claim British citizenship through your mother? Get the details to find out if you are eligible to claim British citizenship. Rights to British citizenship for a child born abroad (outside of the UK) fall into two categories:

·        Where the mother was born in the UK after 1 January 1983

·        Where the mother was born in the UK before 1 January 1983

The question of illegitimacy is not relevant in the case of unmarried women, in contrast to those of unmarried fathers.

 

Mother born in the UK after 1 January 1983

Mother was British at the time of your birth

 

If your mother was born in the UK after 1 January 1983 and was British at the time of your birth. Then you are a British citizen at birth and by operation of law (that is, without any need to apply).

In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. You can apply for your British passport on this basis.

 

Mother was not British at the time of your birth

If your mother was born in the UK after 1 January 1983 and was not British at the time of your birth. Your rights to British nationality depend on your age (whether you are under 18 or not) and the status of your parents at your birth and their status now.

If you are under 18, then click here for more information about children under 18.

It can be important to take action before a child turns 18. After they turn 18, several rights to British nationality fall away and can be lost forever.

 

Mother born in the UK before 1 January 1983
You are born after 1 January 1983

You are a British citizen at birth and by operation of law (that is, without any need to apply for British nationality). If you were born after 1 January 1983 to a mother who was born in the UK before 1 January 1983.

In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. You can apply for your British passport.

 You are born before 1 January 1983

An application for British nationality can be made if you were born before 1 January 1983 to a mother who was born in the UK.

In such situations, the relevant mother is considered as being British other than by descent and passes British citizenship to her children. You can apply for your British passport.

5

British citizenship through a parent born outside of the Uk

It is possible to claim British nationality. A person is born outside of the UK to a British parent who was also born outside of the UK. The rules are complex and often need further research.

British citizenship for children under 18

There are provisions in British nationality law for children under 18. It can be important to take action before a child turns 18. After they turn 18, several rights to British nationality fall away and can be lost forever.

Contact our immigration expert for detailed advice.

Our expert lawyers understand the importance of timely support in processing your British citizenship and naturalization applications. You can discuss your application and eligibility with an immigration lawyer.