If you are settled (have Indefinite Leave to Remain – ILR or, in the case of European (EU) nationals, permanent residence) in the UK then you can stay here without any time limit, whatever your nationality. You do not have to become a British Citizen. However, this is something many people who have made the UK their permanent home do wish to consider.

 

There are now three main ways to become a British Citizen. The first is to be born one. The second is to be registered as one and the third is to be naturalised as one. In addition there are circumstances in which a person who was not born a British Citizen automatically becomes one, without the need to be registered or naturalised. For example, this can happen where a child is adopted by British Citizen parents.

 

Whether or not you were born a British Citizen depends on a combination of where and when you were born and the nationality of your parents. British nationality law is one of the most complicated in the world, in part because of Britain’s history and historical relationship with other countries in the world. In some cases it will be necessary to go back several generations to identify whether you are a British Citizen or are entitled to British Citizenship.

 

Naturalisation
Naturalisation is the most common way for adults who were not born British to become British. People who have Indefinite Leave to Remain (ILR) can, subject to fulfilling residence requirements, apply to naturalise as British Citizens. It is necessary to demonstrate sufficient knowledge of the language, and of life in the UK, and to be good character. This can be done by taking a test or undertaking a course of study. Naturalisation takes place at a public ceremony.

 

Significant changes to the process whereby citizenship is to be acquired by naturalisation have been created by the UK government by the  Borders, Citizenship and Immigration Act 2009.

 

The Act amends the rules on naturalisation. The amendments will mean that the general rule is that those who are resident in the UK need to have a certain residential status for eight years (up from six years) before being eligible for naturalisation, and those seeking to naturalise on the basis of marriage will now take five years (up from three). In order to qualify as time spent towards naturalisation, the period of time spent in the UK has to be spent while resident on a certain type of visa or entitlement. The Act leaves open which type of visas or entitlements would count towards the qualifying period for naturalisation. This is to be determined by secondary legislation.

 

The Act also creates a new category of temporary leave to remain, called "probationary citizenship". This will form part of the new route to citizenship and will constitute an additional period for which migrants are denied access to services and to social services benefits.

 

It also introduces the concept of voluntary community service for migrants whereby undertaking an "activity condition" can reduce the length of the naturalisation process by up to two years. The type of activity that will count as an "activity condition" is not revealed in the Bill but is reserved for secondary legislation.

 

The Act received Royal Assent on 21 July 2009.  However at the time of writing (29 January 2010) the new naturalisation provisions are not yet in force, and the government has announced that the earned citizenship provisions will not be implemented until July of 2011. 

In its passage through the Houses of Parliament the government announced transitional provisions applicable to people already in the United Kingdom and who either already have indefinite leave to remain or will become eligible for indefinite leave to remain prior to the implemenation of the earned citizenship provisions.  The announcement is  as follows:

 

Registration
Registration is the only way in which children can become British and is also used for adults in special circumstances. It is necessary for those over ten years old to be of good character, but it is not necessary to demonstrate knowledge of the language or of life in the UK. One example of the use of registration is to address problems created by discrimination in the past. For example it is now possible for people born to certain British mothers between 7 February 1961 and 1 January 1983 to register as British. At the time when they were born, only British fathers could pass on their nationality to children born abroad. This discrimination was removed in 1983, but the effects of the historic different treatment remained, as indeed they still remain for people born abroad to British mothers before 7 February 1961.

Some changes to the categories of people eligible for registration, notably the children of serving members of the Armed Forces, children born outside the UK to British citizens "by descent", British Nationals (Overseas) who have no other citizenship or nationality and the children of British mothers, whenever they were born, were included in the Borders, Citizenship and Immigration Act 2009.  These changes took effect on 13 January 2010.

 

Different British Nationalities
To complicate matters further, there any many forms of British nationality, in addition to British Citizenship. For example, British Overseas Territories Citizenship, or the status of being a British Subject or a British National (Overseas). Unlike British Citizenship, these other forms of British nationality will not normally give you a right to live in the UK, although they may be a step on the road to becoming a British Citizen and also give you a wider range of opportunities to make immigration applications, for example applications based on UK Ancestry.

 

Gherson has a specialist nationality team and is proud of its reputation in this specialist area of law. Contact us to discuss your requirements and how we can assist you with your application.