British Citizenship Explained

British citizens have the right to permanently reside and work in the UK free from any immigration restrictions. This is otherwise referred to as a right of abode. Individuals are entitled to apply for British citizenship when they meet specific criteria. This means that people who have been granted Indefinite Leave to Remain (ILR) or who are married to a British citizen may be able to make an application for British citizenship. The application can be made through one of two processes, either naturalisation or registration.

The following article explains British citizenship more thoroughly, including the processes of naturalisation and registration, the restrictions and requirements that are in place and whether behaviour and conduct can prevent acceptance.

The Process of Naturalisation

In order to apply for naturalisation, individuals must meet a variety of requirements, which include:

• Applicants must be at least 18 years old
• Applicants must be of sound mind and good character
• The applicant must have the intention to continue living in the UK
• An adequate understanding of life in the UK must be obtained by the applicant
• There must be an acceptable communication level held by the applicant, and this means that for naturalisation to be granted, the individual must be able to communicate in English, Welsh or Scottish Gaelic
• A qualifying residential period is in place, and this means that individuals must have resided in the UK for a minimum of 5 years, or 3 years for those who are married or in a civil partnership with a British citizen.

Nationals of countries in the European Economic Area (EEA) or Switzerland or individuals who are family members of such people and who have exercised their EEA free-movement eligibility within the UK for a continual 5 years are automatically granted permanent residential status. Once this status has been held for at least 12 months, the individual will be entitled to apply for naturalisation.

The Process of Registration

The alternative option of obtaining British citizenship is through registration. The applicant can register as a British citizen, but there are a number of complex considerations that must be made including whether the individual is a British Overseas citizen of an Overseas Territory citizen. What is more, the applicant will be assessed to determine whether they have previously given up their citizenship, whether they are an individual who is stateless or is under the age of 18 years old. In each of these categories, the individual must meet a number of different requirements.

Time Restrictions for Immigration

Individuals who want to apply for British citizenship must be free from immigration time restrictions at the time that they submit their application. This usually means that the person has gained settled status prior to making their application.

Good Character

Applicants who are older than 10 years old must be of good character in order to successfully apply for British citizenship. This means that individuals must demonstrate that they respect UK law and the rights and freedom of the country. They must also show that they have honoured their duties and responsibilities as a UK resident. Checks will be carried out to confirm this by the UK Border Agency.

Sound Mind

In order for an application to be assessed, applicants must be of sound mind. This means that they must have the mental capacity to apply for British citizenship in the majority of cases. In some instances, this can be overlooked if it is deemed appropriate and for the good of the applicant. In the majority of cases, the applicant must satisfy the requirement for being able to make their own decisions independently and to understand the processes that they are following.

Dual Nationality

Applicants who apply to become a British citizen are not required to renounce their existing citizenship as several countries will allow them to have dual nationality. If the existing country of nationality does not allow for this, the country of origin may consider the British citizen as having lost or forgone their previous nationality, or they may refuse to recognise the new British nationality.

How to Prove British Citizenship

Once British citizenship has been granted, the individual will be free from UK immigration control. At this stage, the individual will be free to apply for a British passport. A passport serves as the most widely recognised and acceptable proof of British citizenship, but if the passport is not obtained, the individual can apply for a nationality status document which serves as evidence of British citizenship.

Do previous convictions affect a British citizenship application?

Previous convictions and offences can have an affect on a British citizenship application, though this will largely depend on the type of offence committed. An immigration solicitor will be able to offer advice to individuals who are concerned about previous criminal convictions and help them to assess the strength of their application.