Search any visa information here !!!

Showing posts with label Naturalisation. Show all posts
Showing posts with label Naturalisation. Show all posts

Naturalisation

This page provides details of the requirements you need to meet for naturalise as a British citizen.

If you are married to or a civil partner of a British citizen, the requirements you need to meet are different; you should read the page spouse and civil partner requirements for more details.You should read the information on this page before you make an application for naturalisation.
You will need to pay a fee when you make your application. If you make an application for naturalisation and it is unsuccessful because you are not eligible for naturalisation, amount will not refund.

Other related information on:

Standard requirements for Naturalisation:
There are seven requirements you need to meet before you apply:

  • you are aged 18 or over; and
  • you are of sound mind; and
  • you intend to continue to live in the United Kingdom, or to continue in crown service, the service of an international organisation of which the United Kingdom is a member, or the service of a company or association established in the United Kingdom; and
  • you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and
  • you have sufficient knowledge of life in the United Kingdom; and
  • you are of good character; and
  • you meet the residential requirements (these are detailed in full below)
Residential requirements:
To demonstrate the residential requirements for naturalisation you need to:


  • have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
  • have been present in the United Kingdom five years before the date of your application;
  • have not spent more than 450 days outside the United Kingdom during the five year period; and
  • have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
  • have not been in breach of the immigration rules at any stage during the five-year period.

Start of the residential qualifying period:
The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2000.

You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom.

Immigration time restrictions:
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

If you are free from immigration time restrictions then there is usually a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions.

The documents we require for naturalisation applications:

  • You should send the original document, not a copy. Your documents will be returned to you by secure post, if you wish your documents to be returned to you by an alternative postal service or by courier you should include a pre-paid delivery envelope with your application.
  • You should provide translations of any documents not in English.
  • The documents you need to supply to us will depend on the basis of your application.

The list below has been split into five sections; you should make sure you read all the sections that relate to you. If you do not send all the documents needed they will write to you to request them; this will delay your application.

1. Documents required for all applications:
Evidence of your identity provide one of the following:

  • your passport; or your nationality identity card; or
  • your Home Office travel document; or
  • your Home Office entitlement card; or
  • your Home Office application registration card; or
  • your birth certificate; or
  • your photo driving licence; or
  • bank, building society or credit card statements issued to you in the last six months.

If you used one of these documents to prove your identity when you took the knowledge of life in UK test, you should supply the same document to support your naturalisation application.

Evidence of knowledge of English and of life in the United Kingdom:

If you are applying from within the United Kingdom, you should provide one of the following:


  • your certificate of progression from one English for Speakers of Other Languages (ESOL) level to another, with a letter from the college confirming you completed an ESOL with citizenship course; or
  • your letter confirming you have passed the life in the UK test, stamped and signed by the test supervisor; or
  • your confirmation that you met this requirement in order to obtain settlement.

If you are applying from the Channel Islands or the Isle of Man, you should contact the Lieutenant Governor for details of the evidence you should supply.

If you are applying from any other country, you should contact your nearest British diplomatic post for details of the evidence you should supply.

Exemption from knowledge of English and life in the United Kingdom requirement
You should provide evidence from your doctor that it is not a temporary condition.

2. Documents required for applications made on the basis of residence in the United Kingdom:

Evidence of lawful residence during the residential qualifying period:

  • You should provide your passport. If you are unable to provide your passport, you should explain why on page 13 of the application form.
  • If you do not provide your passport, you should provide letters from employers, educational establishments or other government departments indicating your presence in the United Kingdom during the qualifying period.
  • If your passport is not stamped when you come into the United Kingdom because you:

have the right of abode in the United Kingdom; or are a national of the Turkish Republic of Northern Cyprus or a national of Taiwan.

You should send your passport and alternative evidence of residence in the form of letters from employers, educational establishments or other government departments to show your presence in the United Kingdom during the qualifying period.

Evidence that you are free from immigration time restrictions:

  • your passport showing permission to remain in the United Kingdom permanently; or
  • the Home Office letter by which you were given permission to remain in the United Kingdom permanently

If you came to the United Kingdom as an asylum seeker, you should provide:

evidence that you were not in the United Kingdom without permission between exhausting your appeal rights and being granted indefinite leave to remain.

3. Documents required for applications made on the basis of marriage or civil partnership to a British citizen:

  • your partner's passport or birth certificate; and
  • your marriage or civil partnership certificate.

4. Documents required for applications from self-employed people:
If you do not pay tax through Pay As You Earn (PAYE) arrangements.

  • The most recent HM Revenue and Customs self assessment statement of account.

Other related information on:

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.