Immigration Corner | Different ways of applying for British citizenship

Dear Mr Bassie,

Please tell me what are the ways that someone can apply for British citizenship.

– FI

Dear FI,

There are diverse ways that persons can apply for British citizenship (or ‘naturalisation’) as it is usually based on their circumstances.

Persons who are eligible in more than one way can choose which way they would like to apply.

Please note that persons who have applied for citizenship will need permission to stay in the United Kingdom (UK) until they are granted citizenship, and the permission needs to last until they have had their citizenship ceremony.

Persons who have indefinite leave to remain (ILR), or settled or pre-settled status under the EU Settlement Scheme, should be aware that this counts as permission to stay.

The deadline to apply to the EU Settlement Scheme for most people was June 30, 2021. If anyone did not apply to the EU Settlement Scheme by the deadline, they should note that they might still be able to apply.

BORN IN THE UK

It should be noted that British citizenship is not automatically granted if the person was born in the United Kingdom. It would depend on when he/she was born and their parents’ circumstances. Persons should check online to see if they are eligible to apply. Persons may be eligible to apply for citizenship if they were born in the United Kingdom and are not automatically a British citizen.

IF MARRIED TO OR IN A CIVIL PARTNERSHIP WITH A BRITISH CITIZENSHIP

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

They will also need to have either ILR or settled status under the EU Settlement Scheme. Persons who do will be eligible to apply for citizenship immediately.

INDEFINITE LEAVE TO REMAIN

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 UK for 12 months after receiving ILR.

SETTLED STATUS UNDER THE EU SETTLEMENT SCHEME

To apply for citizenship with settled status, persons must usually have lived in the UK for 12 months after receiving settled status.

IF YOU HAD PERMANENT RESIDENCE STATUS BEFORE YOU GOT SETTLED STATUS

Persons can no longer apply for citizenship based on their permanent residence status. However, persons who had permanent residence status can count the time that they had it towards the 12 months they would need to wait before applying for citizenship with their settled status.

PERMANENT RESIDENCE STATUS

Persons can no longer apply for British citizenship with ‘permanent residence’ status. Persons might still be able to apply for settled status under the EU Settlement Scheme, if they have not already. They can then use this to apply for citizenship.

The deadline to apply to the EU Settlement Scheme for most people was June 30, 2021. Please note that persons can still apply if they have ‘reasonable grounds’ for not having been able to apply by the deadline.

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 were stateless;

• They previously gave up (renounced) their citizenship.

COMMONWEALTH CITIZENS

Persons may be eligible to apply for citizenship under the Windrush Scheme if both they or one of their parents arrived in the United Kingdom before 1973, and they have lived in the United Kingdom and not been away from it for more than two years.

Please note that if the parent arrived in the United Kingdom before 1973, they must have either have been born in the United Kingdom or arrived there before they were 18 years old.

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

It might take longer than usual to process applications because of COVID-19, but this will not affect the decision. Please note that extra time will be allowed to enrol biometrics, provide additional information, and arrange a citizenship ceremony. Just for completeness, it is not advisable to apply by post if the applicant 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, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com