Immigration Corner | How to apply for British citizenship

Dear Mr Bassie,

How would I go about applying for my British citizenship if I have ‘permanent residence’ status? I really need your advice.

– J.E.

Dear J.E.,

Persons will need to have a permanent residence document that proves their status before they can apply for British citizenship. They will usually need to have had permanent residence status for 12 months before they can apply for citizenship, and they will not need to wait for 12 months to apply if they are married to or in a civil partnership with a British citizen.

Persons should be aware that they may have lost their permanent residence status if they have been away from the United Kingdom (UK) for more than two years at any time since receiving it.

In addition, persons must also fulfil the following conditions:

• Be over 18 years of age;

• Prove they were in the UK exactly five years before the day the Home Office receives their application;

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

• Show that they have passed the life-in-the-UK test;

• Intend to continue living in the UK;

• Be of good character – the ‘naturalisation’ guidance will advise on ways that are acceptable.

Please note that this is one way to apply for British citizenship. Persons should check if they are eligible another way; for example, if persons may have ‘settled status’ under the EU Settlement Scheme. If persons or a family member are from the EU, EEA or Switzerland, they usually get ‘permanent residence’ status automatically after living in the UK for five years.

RESIDENCY REQUIREMENTS

Persons should have lived in the UK for at least five years before the date of their application. Those persons cannot include any time spent in the UK when they were exempt from immigration control (for example, as a diplomat or member of visiting armed forces).

Those persons should also not have:

• Spent more than 450 days outside the UK during those five years;

• Spent more than 90 days outside the UK in the last 12 months;

• Broken any UK immigration laws (for example, living illegally in the UK).

COSTS

It costs £1,330 to apply, and applicants must also pay £19.20 to have their biometric information (fingerprints and a photo) taken. They will be told how to do this after they have applied.

RESPONSE TIME

Persons will usually get a decision within six months, but some applications can take longer depending on the complexity.

Please note that until June 30, 2021, there will be no change to the rights and status of EU citizens currently living in the UK. Persons and their families can apply to the EU Settlement Scheme to continue living in the UK.

APPLYING

There are two ways to apply for British citizenship by naturalisation. You can either make an application for yourself or use an agent or representative.

MAKE AN APPLICATION YOURSELF

Persons should read the guidance to check if they can apply and what documents they will need to provide.

It may take longer than the usual six months to get a decision because of COVID-19. Those persons will get extra time to provide their fingerprints, photo and additional information, and to book a citizenship ceremony. Please note that this will not affect the decision.

Persons should fill in the form online. They will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information (your fingerprints and a photo).

Persons do not need to send their documents anywhere. They can either upload copies into the online service or have them scanned at their UKVCAS appointment.

Persons can also apply by post. This will take much longer than applying online because of the novel coronavirus. Persons should avoid applying by post, especially if they need their documents back by a specific date.

If persons are applying from the Channel Islands, the Isle of Man or a British overseas territory, or if living in the Channel Islands, the Isle of Man or a British overseas territory, they will have to apply in person or by post instead. Persons should check which they can do with their governor’s office. Persons will be told where to give their biometric information after applying.

APPLYING THROUGH AN AGENT OR REPRESENTATIVE

An agent or representative is a private company or individual that can help with the application and give persons advice. Persons can also use solicitors or barristers.

All the best.

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