Applying for British citizenship
Dear Mr Bassie,
MY SPOUSE is a British citizen, and I would like to know if I am eligible to apply for British citizenship by naturalisation.
G.T.
Dear G.T.,
Persons can apply for British citizenship by ‘naturalisation’ if they are 18 years old or over and married to, or in a civil partnership with, someone who is a British citizen. They should have lived in the United Kingdom for at least three years before the date of the application.
Persons can apply as soon as they have one of the following:
•Indefinite leave to remain (ILR) in the UK;
•‘Settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’);
•Indefinite leave to enter the UK (permission to move to the UK permanently from abroad).
Persons must also prove they were in the United Kingdom exactly three years before the day the Home Office receives their applications. They should prove their knowledge of English, Welsh, or Scottish Gaelic; show they have passed the life in the UK test and that they are of good character. Persons should read “the naturalisation guidance” online for assistance.
RESIDENCY REQUIREMENTS Applicants must have lived in the United Kingdom for at least three years before the date of their application. They should note that they cannot include any time spent in the UK when they are exempt from immigration control as a:
•Diplomat; *
•Member of a diplomat’s staff or household;
•Member of visiting armed forces.
The applicants also should not have broken any UK immigration laws, for example living illegally in the United Kingdom.
To be eligible, persons should not have spent more than 270 days outside of the UK during the three years before applying. They also should not have spent more than 90 days outside of the UK in the last 12 months.
Please note that persons may be exempt from the residency requirements if their partner works abroad either for the UK government or an organisation intricately linked to government.
WHEN TO APPLY
Persons must have been physically present in the UK exactly three years before the Home Office receives their application, and the application may be rejected if they cannot prove this. The cost of the application is £1,330 to apply. Persons will usually get a decision within six months – although some applications can take longer.
Just for completeness, please note that children under 18 years of age are usually automatically a British citizen if they were born in the UK and their other parent was a British citizen.
It should be noted that persons cannot apply for citizenship as the partner of a British citizen if the partner has died. However, they should check if they are eligible another way, for example, if they have indefinite leave to remain in the UK.
I hope this helps. John S. Bassie is a barrister/ attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Courtappointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com