Oct 03 2024
UK Immigration
British citizenship by marriage, also known as naturalisation as a British citizen, is available to individuals married to or in a civil partnership with a British citizen. It is a multi-step process that involves meeting certain residence and legal criteria, passing tests, and completing an application.
Before you apply, ensure that you meet the following eligibility requirements:
Age: You must be at least 18 years old.
Character: You must be of good character, which generally means having no serious or recent criminal record, not having committed immigration fraud, and not being considered a threat to national security.
Residency: You must have lived in the UK for at least 3 years before your application. During this period, you should not have spent more than 270 days outside the UK, and not more than 90 days in the last 12 months.
Legal Status: You must hold indefinite leave to remain (ILR) or settled status under the EU Settlement Scheme.
Language and Life in the UK: You must pass the Life in the UK Test and meet the English language requirements.
If you do not already have ILR or settled status, you need to apply for it. ILR is a form of permanent residency, and having it is a prerequisite for naturalisation. You can apply for ILR after living in the UK for a specified period under a qualifying visa category.
The Life in the UK Test assesses your knowledge of British traditions, history, and everyday life. It is a computer-based test with 24 multiple-choice questions, and you must score at least 75% to pass. Study materials are available to help you prepare. You may reuse the result from your ILR application.
You need to demonstrate your proficiency in English. This can be done by passing an approved English language test at B1, B2, C1, or C2 level. Alternatively, if you have a degree taught or researched in English or are a national of an English-speaking country, you may be exempt. You may reuse the result from your ILR application.
Your application for naturalisation will include ‘Form AN’, which is the application form for naturalisation as a British citizen. You will also be required to submit multiple documents, such as your passport, marriage or civil partnership certificate, proof of ILR or settled status, Life in the UK Test pass notification, and proof of English language proficiency. Once your application is received, you will be invited to provide your biometric information at a designated service point. We advise that you seek professional legal services to ensure adherence to the application process and residency requirements to avoid common pitfalls and disqualification.
If your application is successful, you will be invited to attend a citizenship ceremony. This is a formal event where you will take an oath of allegiance to the UK and a pledge to respect its rights, freedoms, and laws. After the ceremony, you will receive your certificate of British citizenship.
Becoming a British citizen through marriage is a structured process that requires careful preparation and adherence to legal requirements. By following the steps outlined above, you can navigate the process with confidence. Remember, professional advice and support can be invaluable, and consulting with an experienced immigration lawyer can help ensure your application is successful.
Gherson’s Immigration Team are highly experienced in offering comprehensive support for citizenship applications. If you have any questions arising from this blog, please do not hesitate to contact us for advice, or send us an e-mail. Don’t forget to follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2024
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