British Citizenship

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British Citizenship

Once an individual has gained lawful residence for 5 years or 3 years if married to a British Citizen then it may be possible to apply for naturalization as a British Citizen.  It is an application that looks at character and residence and the individuals must show strong connections with the UK.

These rules are set to change where there should be a probationary period of citizenship in effect.  You should have current permission to remain permanently in the UK. This is called Indefinite Leave to Remain. You could have a history of asylum and won your case and still qualify. The main consideration is that you are free from immigration time restrictions. You need Indefinite Leave to Remain for 12 months under current rules.  

There are a certain amount of days you can be outside the UK and these can be difficult to work out at times in crowded passports but generally you should not have been out of the UK extensively and its best to ask for our advice. You should be in the UK at the time the application is submitted and if you are applying on the basis of being resident here you must show your residence here over the specified time.

On 20 February 2008 the Government published the Green Paper 'The Path to Citizenship: Next Steps in Reforming the Immigration System'. In this document there are outlined proposals for changing the way that someone can become a British citizen or remain here as a permanent resident.

These proposals are called 'Earned citizenship'. These proposals will, if agreed lead to changes late in 2009. Migrants will be expected to pass through 3 key stages and demonstrate certain requirements in order to progress between these. It means the process is longer and there is a requirement to earn Citizenship and show firm ties to the UK in all kinds of ways. The three stages are set out below: 

• Temporary residence
•  Probationary citizenship
• British citizenship/permanent residence

These stages will depend on the permission of the person and what it is based on, basically work migrants, family migrants and Refugees in 3 broad groups will need to show they have earnt citizenship by passing Life in The UK test,  then spending between 1-5 years on probationary citizenship. The idea is that migrants actively move towards British Citizenship.

This can be held up by any involvement in criminal activity.  Other temporary routes like students and temporary workers will not be eligible for citizenship.  At present there are six different forms of British Nationality under the British Nationality Act 1981. A Citizen otherwise than by descent can pass on British citizenship automatically to his or her children born outside the UK. Children born outside the UK will be British Citizens by descent cannot normally pass their citizenship onto their own children born abroad but they may be able to register them as British citizenships in certain circumstances.  Nationality is a complex area and always seek professional advice. 

You may like to try for citizenship now, before the new rules on Citizenship come into effect in 2009.

Children of British mothers - proposed changes:-

• he or she was born between 7 February 1961 and 1 January 1983; and
• he or she would have become a British citizen if women had been able to pass on citizenship in the same way as men at that time.