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Naturalization (Obtaining British citizenship based on residence in the UK)
To obtain the citizenship of the United Kingdom you must apply for naturalization.
Naturalization is an important step and gives you the rights that every born citizen of the United Kingdom enjoys.
Practically for all categories, a minimum of 12 months must be carried out in the presence of a status that exempts from immigration control, i. Indefinite Leave to Remain (the right to live for unlimited time – this is also called a permanent residence permit in the UK) for applicants for different immigration categories or Permanent Residence for EEA citizens and their families.
Applied to children: registration as a UK citizen & ndash; It is the receipt of British citizenship by children under 18 years of age. Do not confuse this process with naturalization. At registration to children simpler requirements are made, than at naturalization for adults. Depending on the status of the parents, some children born in the UK automatically become UK citizens immediately after birth and do not need to go through the registration process as a British citizen and immediately apply for a British passport.
There are a number of requirements that must be met in order to qualify for a British citizen:
Age Common Sense Intention to reside in the United Kingdom Sufficient knowledge of English and life in the United Kingdom Integrity Requirements for residence time Recommendations.
Let’s consider each of the requirements in detail.
The person applying for naturalization must be at least 18 years old. Persons under the age of 18 can not apply for naturalization, but they can apply for registration as a British citizen.
The person applying for naturalization must be of sound mind and be aware of their actions, and how their result will affect his rights and responsibilities. It is understandable that a person who is not in his right mind is not able to make decisions and consequently can not file a statement.
3. Intention to reside in the United Kingdom.
The intention to reside in the United Kingdom is a very important requirement, since British citizenship is given only to those who intend to reside in the United Kingdom. However, at the same time, after obtaining citizenship, long-term absence is usually not paid attention if the connection with the United Kingdom is maintained.
4. Sufficient knowledge of the English language and lifestyle in the United Kingdom.
Applicants for ILR and naturalization must take the test “Life in the UK”; and demonstrate the knowledge of spoken English at the level of B1 according to the European CEFR scheme.
You can prove the level of English in one of the following ways:
Pass one of the tests from the list approved by Home Office; have a degree obtained at a British university or in another country where the teaching was conducted in English; To have the citizenship of the country in which English is considered the state language.
For a number of applicants, exceptions were made:
persons over 65; Persons suffering from certain mental or physical diseases.
The Home Office, which decides on the granting of British citizenship, is guided by strict criteria for confirming the personal qualities and integrity of the applicants.
Persons convicted of offenses will have to wait 2 years or more (depending on the offense committed) until the conviction is deemed to be withdrawn, and only then apply for naturalization. This provision is governed by the Rehabilitation of Offenders Act of 1974. The authorities may, at their discretion, ignore the individual minor offenses of the applicant. If the applicant has a criminal record abroad, this will be taken into account in the same way as the criminal record in the UK. Naturalization will be refused if, within 10 years, immediately before applying for naturalization, the applicant entered the country illegally or was on an expired visa. Home Office conducts thorough checks on all applications for the citizenship of the United Kingdom, and if the applicant does not meet the requirements, he will be refused naturalization.
6. Requirement for time of stay.
For those who intend to obtain British citizenship on the basis of 5 years spent on different immigration categories, the number of days of absence should not exceed 450 for 5 years, and also not more than 90 days for the last 12 months.
But there are no rules without exceptions. Not everyone knows that at the discretion of Home Office for the application can be made a positive decision, even if the number of days of absence exceeds the specified in the rules.
For example, Home Office can & laquo; forgive & raquo; to the applicant up to 480 days of absence, and the applicant does not have to specify the reasons.
Admissions are allowed up to 900 days, but on condition that the applicant has a home and a family in the UK. The following requirements must be met:
if the applicant spent 730 days outside the country, he must have lived in Britain for the last 7 years for naturalization; if the number of days of absence exceeds 730, the applicant needs to live in the UK for at least the last 8 years.
service in the British Army outside the UK; accompanying spouse / partner of an employee of the British army sent abroad; working conditions. For example, seamen of the merchant fleet or employees of British companies, for which, according to their activities, frequent business trips are provided; if there is a final offer of work that necessarily requires the presence of British citizenship.
Only in extremely rare cases, under exceptional circumstances, over 900 days are allowed. As a rule, if the maximum number of days of absence is exceeded, naturalization is denied, and the collection of Home Office is not returned.
Each application must be accompanied by two recommendations from persons who personally know the applicant for at least 3 years and who meet the following requirements:
one of the recommenders should be a professional in a certain field in accordance with a specific list; the second must be a British citizen and be either a professional or a person over 25 years of age.
Persons giving recommendations should not:
have relatives to the applicant; to be related to each other; be lawyers or other employees of the company that is the official representative of the applicant when applying for naturalization are employees of the Home Office; to be prosecuted or to serve a prison sentence for the past 10 years.
It is necessary to prepare the application for the citizenship of Great Britain with all dueness, since for the successful consideration of the case it is necessary to provide a lot of information and correctly drawn up documents. This means that such a statement is not one of those that can be prepared with your own hands & quot ;, and it is advisable to provide it to a professional who will take care of even small things, constantly following rapidly changing rules and regulations.
Law Firm has 17 years of experience in successfully obtaining UK citizenship for our clients.
Preparation and filing of applications for naturalization / registration as a British citizen on the basis of any immigration categories. Consultation on the application process Preparation and filing of applications for a British passport.
a legal firm regulated by the Solicitors Regulation Authority.