Immigration Corner | Applying for British citizenship

Dear Mr Bassie,

I am married to a British citizen, and I would like to know under what circumstances I can apply for British citizenship. Please advise me if you can.

KK

Dear KK,

Persons can apply for British citizenship by ‘naturalisation’ if they are 18 years of age or over; are married to or are in a civil partnership with someone who is a British citizen and have lived in the United Kingdom for at least three years before the date of the application.

Please note that persons can apply for British citizenship as soon as they have one of the following:

• Indefinite leave to remain (ILR) in the United Kingdom

• ‘Settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)

• Indefinite leave to enter the United Kingdom (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 the application

• Prove their knowledge of English, Welsh, or Scottish Gaelic

• Show they have passed the life in the United Kingdom test

• Be of good character – read the naturalisation guidance

Persons should check if they are eligible in any other way, including through the Windrush scheme.

RESIDENCY REQUIREMENTS

Persons must have lived in the United Kingdom for at least three years before the date of their application.

Persons cannot include any time spent in the United Kingdom when they are exempt from immigration control as a

• Diplomat

• Member of a diplomat’s staff or household

• Member of visiting armed forces

Applicants should also not have broken any United Kingdom immigration laws (for example, living illegally in the UK).

TIME SPENT OUTSIDE OF THE UK

To be eligible, persons should not have spent more than 270 days outside of the UK during the three years before their application or have spent more than 90 days outside of the UK in the last 12 months.

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 United Kingdom exactly three years before the Home Office receives the application. Please note that the application will be rejected if this cannot be proven.

Please be aware that the date the Home Office receives the application depends on how persons apply. If applying online, the application will be received on the same day. It will take longer if the application is made by post.

COSTS AND PROCESSING TIME

It costs £1,330 to apply.

Persons must also pay £19.20 to have their biometric information (fingerprints and a photograph) taken. Persons will be advised how to do this after they have applied.

Persons will usually get a decision within six months. Some applications can take longer.

CHILDREN UNDER 18 YEARS OLD

The applicant’s child is usually automatically a British citizen if born in the United Kingdom and their other parent was a British citizen. Persons should also check if there are other ways that their child may be eligible for British citizenship.

IF A PARTNER HAS DIED

Please note that persons cannot apply for citizenship as the partner of a British citizen if their partner has died. Those persons should check if they are eligible another way, for example, if they have indefinite leave to remain in the UK.

Good luck!

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, deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com