Immigration Corner | Different routes to obtaining British citizenship

Dear Mr Bassie,

What are the various ways that a person can become a British citizen? I will be looking out for your response soon as I think I may be eligible to apply.

– N.J.

Dear N.J.,

There are different ways that persons can apply for British citizenship, but this will be based on their circumstances.

Persons will not automatically receive British citizenship if they were born in the United Kingdom. It will depend on when they were born and their parents’ circumstances. Persons should be aware that they may be eligible to apply for citizenship if they were born there and they are not British citizen.

PERSONS WHO HAVE MOVED TO THE UK

Persons who moved to the United Kingdom may be able to apply for citizenship by ‘naturalisation’, but this will depend on their situation. Those persons who are eligible in more than one way can choose which way to apply. Please see the following categories:

PERSONS WHO ARE MARRIED TO OR IN A CIVIL PARTNERSHIP WITH A BRITISH CITIZEN

To apply as the spouse or civil partner of a British citizen, those persons must have lived in the United Kingdom for the last three years prior to applying.

Persons will also need to have one of the following:

• Indefinite leave to remain

• Settled status under the EU Settlement Scheme

• A permanent residence document to confirm that they have permanent residence status.

If they do, they will be eligible to apply for citizenship immediately.

PERSONS WHO HAVE INDEFINITE LEAVE TO REMAIN (ILR)

Persons can usually apply for ILR after they have lived in the United Kingdom for five years. To apply for citizenship with ILR, persons must usually have lived in the United Kingdom for 12 months after obtaining ILR.

PERSONS WHO HAVE ‘PERMANENT RESIDENCE’ STATUS

If persons or their family members are from the European Union (EU), European Economic Area (EEA), or Switzerland, they will usually get permanent residence status automatically after living over there for five years.

To apply for citizenship with permanent residence status, persons must usually have lived in the UK for 12 months after getting permanent residence status. They will also need a permanent residence document that proves that they have lived in the United Kingdom for five years. Please note that this can be any five-year period.

This means that if the five-year period was more than 12 months ago, persons will be able to apply for citizenship as soon as they get their permanent residence document.

PERSONS HAVE ‘SETTLED STATUS’ UNDER THE EU SETTLEMENT SCHEME

If persons and their family member(s) are from the EU, the EEA, or Switzerland, they can apply for ‘settled status’ after they have lived in the UK for five years.

To apply for citizenship with settled status, persons must usually have lived in the UK for 12 months after obtaining it. Please note that settled status is also known as ‘indefinite leave to remain under the EU Settlement Scheme’.

OTHER WAYS PERSONS CAN BE ELIGIBLE

Persons may be eligible to apply for citizenship if:

• They have a British parent

• They have another type of British nationality

• They are stateless

•They previously gave up (renounced) their citizenship

PERSONS MAY ALSO BE ELIGIBLE IF THEY ARE COMMONWEALTH CITIZENS

Persons may be eligible to apply for citizenship under the Windrush Scheme if both of the following apply:

• They have of their parents arrived in the UK before 1973.

• They have lived in the UK and not been away from it for more than two years.

If their parent arrived in the UK before 1973, the applicant must have either been born in the UK or arrived in the UK before they were 18 years of age.

Please be aware that some Commonwealth citizens have ‘right of abode’ in the UK. This means that they can live or work in the UK without immigration restrictions. Persons should check if they can apply to prove that they have right of abode in the UK.

Persons should be aware that it is taking longer than usual to process applications because of coronavirus. This will not affect the decision. Also, additional time will be allowed to enrol for biometrics, provide additional information, and arrange a citizenship ceremony. Persons are advised not to apply by post if they will need their documents back by a specific date.

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 Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com