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British citizenship

This section provides information about British citizenship and other forms of British nationality.

British citizenship is one of the six different forms of British nationality. Some of these were defined in the British Nationality Act 1981, which came into force on 1 January 1983. The laws that define how citizenship can be obtained changed on that date. For information on applying for British citizenship , Dual Nationality and Naturalisation check out the link.

The forms of nationality are:
British citizenship;
British overseas citizenship;
British overseas territories citizenship;
British national (overseas);
British protected person; and
British subject.

Of these, only British citizens have an automatic right to live and work in the United Kingdom and to apply for a British passport. Those with other forms of British nationality must obtain permission to live and work here. They may be entitled to register as British citizens in certain circumstances.

A person may be a British citizen:
  • by descent -citizenship gained from parents.
  • otherwise than by descent- citizen gained from your own right.

This is a legal difference that affects whether or not a person can pass on citizenship to his/her children.

A person is a British citizen otherwise than by descent if he/she was:

  • born in the United Kingdom after 1 January 1983 and one or both of his/her parents are British citizens, or were settled in the United Kingdom at the time of the birth; or

  • adopted in the United Kingdom and one or both parents are British citizens.

A citizen otherwise than by descent can pass on British citizenship automatically to his/her children born outside the United Kingdom. But any children born outside the United Kingdom will be British citizens by descent, and cannot normally pass their citizenship to their own children born abroad. However, they can register their children as British citizens in certain circumstances.

A British citizen by descent cannot become a British citizen otherwise than by descent.

Who has the right to live in the United Kingdom?
This is officially known as right of abode in the United Kingdom. It means you do not need an immigration officer's permission to enter the country and may live and work here without restriction.
All British citizens have the right of abode in the United Kingdom and Some Commonwealth citizens also have the right of abode.

If you wish to claim the right of abode, you must prove it by producing:

  1. United Kingdom passport describing you as a British citizen or a British subject with the right of abode; or
  2. United Kingdom identity card describing you as a British citizen or a British subject with the right of abode; or
  3. Certificate of entitlement to the right of abode in the United Kingdom that has been issued by the Government of the United Kingdom or on its behalf.

How do I apply for a British passport?
If your application for British nationality is successful you will be able to apply for a British passport.
British passports are issued by the Identity and Passport Service (IPS).
All adult customers (aged 16 and over) applying for a passport for the first time must attend an interview with IPS in person to confirm their identity. IPS recommends you allow six weeks for your passport application to be processed. You should not make any travel arrangement until you receive your passport.

How to apply for proof that you have not become a British citizen?
In order to obtain a passport in another country, you may need proof that you have not become a British citizen by registration or naturalisation in the United Kingdom. You can get this proof by applying to UK HOME OFFICE for confirmation that you have not acquired British citizenship.
Home Office, PO Box 306, Dept 101, Liverpool L2 0QN.

Who can apply for British citizenship and other forms of British nationality?
Depending on your current citizenship or nationality you may be able to apply in several ways:

Naturalisation:
If you are over 18 and have been living in the United Kingdom for the last five years (or three years if you are married to or a civil partner of a British citizen) you may be able to apply for naturalisation as a British citizen. You may also be able to apply for naturalisation if you or your husband, wife or civil partner is in crown or designated service outside the United Kingdom. Applications for naturalisation are made using application form AN.

British citizen or British overseas territories citizen who has previously given up citizenship:
This section explains the requirements you need to meet to be able to register as a British citizen in one of several of the categories or as a British overseas territories citizen who has previously given up citizenship. aplplication form using BOS, BOTA, EM, UKM, G, T, RS1 and RS2.

  • Have some other form of British nationality a British overseas territories citizen; a British overseas citizen; a British protected person; a British subject; a British national (overseas) Applications in this category are made using application form BOTA.
  • Can register as a British citizen if you are British overseas citizen, British protected person or British subject with no other nationality.Applications in this category are made using application form BOS.
  • Can register as a British citizen if you are born in the United Kingdom on or after 1 January 1983 and lived there up to the age of 10 can register as a British citizen in this category are made using application form T.
  • Can register as a British citizen if you were born before 1983 to a British mother
    Applications in this category are made using application form UKM.
  • Can register as a British citizen if you are a British overseas territories citizen with a connection with GibraltarApplications in this category are made using application form G.
  • Can register as a British citizen if you have previously given up of the United Kingdom and Colonies or British citizenship. Applications in this category are made using application form RS1.
  • Can register as a British overseas territories citizen if you have previously given up citizenship of the United Kingdom and Colonies, British dependent territories citizenship or British overseas territories citizenship. Applications in this category are made using application form RS2.
A person under 18 as a British citizen or for another form of nationality:
This section explains how a person under 18 can register as a British citizen, British overseas territories citizen, British overseas citizen, or British subject.

  • people under 18 can register as British citizens if they are -a British national, using application form B(OS); or
    a British national with no other nationality, using application form B(OTA); or
    a person with a connection to Hong Kong, using application form EM; or
    a British overseas territories citizen with a connection to Gibraltar, using application G.
  • Can register a child aged under 18 as a British citizen. Applications in this category are made using application form MN1
  • Can register a child aged under 18 as a British overseas territories citizen
    Applications in this category are made using application form MN2
  • Can register a child aged under 18 as a British overseas citizen
    Applications in this category are made using application form MN3.
  • Can register a child aged under 18 as a British subject
    Applications in this category are made using application form MN4
  • Can register as a British citizen if you were born in the United Kingdom on or after 1 January 1983 and lived there up to the age of 10
    Applications in this category are made using application form T.
British citizen or for another form of British nationality if you are stateless:
This section explains how you can register as a British citizen, British overseas territories citizen, British overseas citizen, or British subject if you are currently stateless

  • Can register as a British citizen, British overseas territories citizen or British overseas citizen if you are a stateless person born before 1 January 1983
    Applications in this category are made using application form S1.
  • Can register as a British citizen, British overseas territories citizen, British overseas citizen or British subject if you are a stateless person born outside the United Kingdom or British overseas territories on or after 1 January 1983
    Applications in this category are made using application form S2.
  • Can register as a British citizen or British overseas territories citizen ifyou are a stateless person born in the United Kingdom or British overseas territories on or after 1 January 1983
    Applications in this category are made using application form S3.

Sound Mind requirement:
You will be considered to be of sound mind if you have the ability to make your own decisions. You should understand the step you are taking in applying for British nationality. The sound mind requirement is sometimes referred to as the full capacity requirement.

In some circumstances we can use discretion when deciding if an applicant must demonstrate that they are of sound mind. If you are applying for naturalisation on behalf of someone who is not of sound mind and for whom you are responsible, you should complete the form as fully as possible. You should highlight any areas that cannot be completed and should use page 13 to explain why it would be in the applicant's best interest to be naturalised. As part of the application you should provide us with evidence of the applicant's medical condition and the fact that they are in your care. This should include documentation proving the care arrangements.

Good character requirement :

This section provides details about the good character requirement that must be met by anyone applying for British nationality unless:they are under 10 years old when making the application; or are stateless and are applying on application form S1, S2 or S3; or they are a British overseas citizen, a British subject or a British protected person and are applying on application form B(OS)

  • Your financial background
    We will check that you pay income tax and National Insurance contributions. We may ask HM Revenue & Customs for confirmation of this. If you do not pay income tax through Pay As You Earn (PAYE) you should send a Self Assessment Statement of Account with your application.
    If you have been declared bankrupt at any time you should give details of the bankruptcy proceedings. Your application is unlikely to succeed if you are an undischarged bankrupt.
  • Your criminal record
    We will carry out criminal record checks on all applications from people aged 10 and over.
    You must also provide details of all civil proceedings which have resulted in a court order being made against you.
    You must give details of all unspent criminal convictions. This includes road traffic offences but not fixed penalty notices (such as speeding or parking tickets) unless they were given in court. You must include all drink-driving offences. An explanation of unspent convictions is given below.
    If you have an unspent conviction, your application for citizenship is unlikely to be successful. You should wait until the end of your rehabilitation period before applying.
  • Offences for which you may go to court or are awaiting a hearing in court
    You must provide details of any offence for which you may go to court for or are awaiting a hearing in court. This includes any offences for which you have been arrested and are waiting to hear if you will be formally charged.
  • Other things we will consider
    You must tell us if you have ever had any involvement in terrorism. If you do not regard something as an act of terrorism but others do or might, you must mention it when making your application.

For information on applying for British citizenship and Naturalisation check out the link.

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