How to Register for British Citizenship With Another British Nationality
For many individuals holding statuses such as British Overseas Territories Citizen, British Nationals (Overseas), British Overseas Citizen, British Subject, or British Protected Person, the prospect of becoming a British Citizen holds significant importance and opportunity.
In this article, we delve into the nuances of section 4(2) of the British Nationality Act 1981, examining eligibility to register as a British Citizen by entitlement on grounds of residence in the UK. We look at the requirements to obtain British Citizenship on grounds of residence and the application process that British Overseas Territories Citizens, British Nationals (Overseas), British Overseas Citizens, British Subjects and British Protected Persons need to follow in order to secure their place as British Citizens on this basis.
The discretion to register those who serve the Crown in the British overseas territories under section 4(5) of the British Nationality Act 1981, the discretion to register British Overseas Territory Citizens under section 4A of the British Nationality Act 1981 and the entitlement of British Overseas Citizens, British Subjects, British Protected Persons and British Nationals (Overseas) (but not British Overseas Territories citizens) to register under section 4B of the British Nationality Act 1981 are outside the scope of this post. For advice on the requirements for a successful application to register as a British Citizen on any of these bases, please contact our nationality barristers.
Requirements for Registration as a British Citizen Under Section 4(2) of the British Nationality Act 1981
Under Section 4(2) of the British Nationality Act 1981, individuals seeking registration as British citizens on grounds of residence must meet specific requirements outlined by the legislation.
These requirements include a nationality status requirement, a residency requirement, an absences requirement, an immigration status requirement, a good character requirement and a requirement to be of sound mind.
Nationality Status Requirement
In order to be eligible for registration as a British Citizen under section 4(2) of the British Nationality Act 1981, you will need to hold one of the following statuses: British Overseas Territories Citizen, British National (Overseas), British Overseas Citizen, British Subject, or British Protected Person.
The particular status of an individual may depend on when their nationality was issued. For example, British Overseas Territories citizenship was called ‘British Dependent Territories citizenship’ before 26 February 2002. Another example is a nationality issued in Hong Kong after 1997, which will now likely have been replaced by a British National (Overseas) entitlement.
Presence in the UK Requirement
In addition to satisfying the nationality status requirement, most British Overseas Territories Citizens, British Nationals (Overseas), British Overseas Citizens, British Subjects and British Protected Persons who wish to apply to register as British Citizens must have been physically present in the UK exactly five years before the date of application.
The requirement to have been physically present in the UK exactly five years before the date of application means that even if you went on a one week holiday on 1 April 2019 and applied to register as a citizen on 1 April 2024, this could lead to a refusal.
You may raise any special circumstances which prevented you from being in the UK on the start date of the qualifying period. However, this could delay an application, as the Home Office will have to look into the matter more thoroughly. It may therefore be simpler to just wait until a date when you were in the UK precisely 5 years before
Applicants who were settled in the UK on 31 December 1982, do not need to meet the requirement to have been physically present in the UK on a date 5 years before the date of application.
Lawful Residence Requirement
In order to qualify for registration as a British Citizen under section 4(2) of the British Nationality Act 1981 on grounds of residence you must not have been in the UK in breach of the immigration laws in the last 5 years.
Being in the UK lawfully for the last 5 years means that you must have had permission to stay for the full duration of this period. Usually, if individuals registering for citizenship have already been granted indefinite leave to enter or remain in the UK, the Home Office will assume that you meet this requirement without requiring further evidence of your visas from the last 5 years. Accordingly, you would just need to provide evidence of your grant of indefinite leave to remain – such as a grant letter, Unique Application Number, Biometric Residence Permit – to satisfy this requirement.
For people with settled status, a right of abode or Irish nationality, providing evidence of their current lawful status will also normally meet the requirement.
Absences Requirement
British Overseas Territories Citizens, British Nationals (Overseas), British Overseas Citizens, British Subjects and British Protected Persons who wish to apply to register as British Citizens under section 4(2) of the British Nationality Act 1981 must additionally not have had any absences in excess of:
- 450 days outside the UK in the 5-year period before making the application; or
- 90 days in the 12-month period before making the application.
When calculating your absences, you only need to count whole days absences. The dates of arrival and departure do not count as absences.
Excess Absences: 450 day requirement
Absences totalling up to 480 days, will normally be disregarded.
Where the total absences are between 480-900 days, your excess absences will normally only be waived if you meet one of the following criteria:
- at least 2 years’ residence (without substantial absences) immediately prior to the 5 year qualifying period (or at least 3 years if the period to be disregarded is greater than 730 days); or
- the excess absences were due to postings abroad in Crown service under the government of the UK; or
- the excess absences were an unavoidable consequence of the nature of a career, for example a merchant seaman or someone in UK based business or employment which requires frequent travel abroad; or
- exceptionally compelling reasons of an occupational or compassionate nature to justify registration such as a firm offer of a job for which British citizenship is a statutory requirement; or
- the excess absences were due to accompanying a British Citizen spouse on an overseas appointment;
- the excess absences were because you were unable to return to the UK because of global pandemic
Where the total absences exceed 900 days, your application will normally be refused. You will be able to re-apply when you are able to meet the absences requirement.
Excess Absences: 90 day requirement
Absences not exceeding 100 days will be disregarded.
Total absences of more than 100 days but no more than 180 days may be disregarded if you can demonstrate links with the UK through the presence of a home, employment, family and/or finances. However, even if you can demonstrate links with the UK, your excess absences will only be disregard if either:
- the excess absences were due to postings abroad in Crown service under the government of the UK; or
- there are exceptionally compelling reasons of an occupational or compassionate nature to justify registration, including for example because you have a firm offer of a job for which British citizenship is a statutory or mandatory requirement; or
- the excess absences were because you were unable to return to the UK because of global pandemic.
Total absences exceeding 180 days will only be disregarded in the most exceptional circumstances and where the criteria above are met.
Immigration Status Requirement
In order to qualify for registration as a British Citizen under section 4(2) of the British Nationality Act 1981 you must not, in the period of 12 months prior to the application, have been subject under immigration laws to any restriction on the period for which you may remain in the UK.
This essentially means that you must have held indefinite leave to remain for 12 months before you can apply to register as a British citizen. As this type of leave is indefinite, it does not expire, so there is no restriction on how long you may remain in the UK. For most applicants, this means holding indefinite leave to remain – including under the EU Settlement Scheme – for a year before they apply. It also includes individuals with a right of abode, or Irish citizens who in most cases will be able to stay in the UK without requiring permission.
Being free from immigration time restrictions can be demonstrated in a variety of ways, including the Unique Application Number from your application for indefinite leave to remain, a Biometric Residence Permit, a passport showing permanent permission to remain in the UK, or a Home Office letter granting indefinite leave.
Good Character Requirement
British Overseas Territories Citizens, British Nationals (Overseas), British Overseas Citizens, British Subjects and British Protected Persons who wish to apply to register as British Citizens under section 4(2) of the British Nationality Act 1981 on grounds of residence must also demonstrate ‘good character’.
The questions on the application form will require you to disclose any criminality, terrorism, international crimes, financial misconduct (e.g. bankruptcy, failure to pay council tax, unpaid NHS debts of £500 or more), and deception.
It is important to be honest in these answers, since it is a criminal offence to make a false declaration knowing it is untrue. A registration based on incorrect or fraudulent information could lead to a deprivation of citizenship.
For a detailed explanation of the good character requirements for British citizenship, please refer to our earlier post: ‘Updated British Citizenship Good Character Guidance.’
Sound Mind Requirement
You will also need to be of ‘sound mind’ to ensure that you have the capacity to understand the implications of a decision to register as a British citizen. This requirement may be overlooked if it is in the best interests of the applicant.
For example, the carer of someone with a medical condition who lacks capacity may apply on their behalf and provide the details of the medical conditions and their role as a caregiver. Equally, parents may apply on behalf of their children.
Referee Requirement for Registration as a British Citizen Under Section 4(2) of the British Nationality Act 1981
An application for registration as a British citizen under section 4(2) of the British Nationality Act 1981 must be endorsed by two referees. These declarations are important as they will help prove who you are; but it is essential that the referees you choose meet the Home Office criteria.
The referees must:
- Have known you for at least three years; and
- Must be a British citizen, who is either a professional person or aged over 25.
They must not:
- Be related to you or other referee;
- Be your representative;
- Be employed by the Home Office; or
- Have been convicted of imprisonable offences in the last 10 years for which the sentence is not spent under the Rehabilitation of Offenders Act 1974.
For more detail on the requirements for referees, please refer to our article on ‘Who Can Be a Referee in a British Citizenship Application?’. Our immigration barristers can advise you to ensure the referees you select meet the requirements and provide guidance on what each reference should include.
Next Steps Following Submission of an Application For Registration as a British Citizen
After submitting an application for registration as a British Citizen as a British Overseas Territories Citizen, British Nationals (Overseas), British Overseas Citizen, British Subject or British Protected Person, your biometric details will usually need to be verified within 45 days of submission. A failure to do so could render an application invalid.
These biometric appointments will be available to book once the application has been submitted. Some appointments will be free and others chargeable, at various different prices. The Home Office Guidance states that if biometrics have been enrolled for previous applications, they may be able to reuse these.
Processing Time For Registration as a British Citizen Under Section 4(2) of the British Nationality Act 1981
The standard processing time provided by the Home Office is 6 months from the date on which they receive an application. However, processing times may vary.
There are unfortunately no priority services available for nationality applications. Fortunately, you will be allowed to travel while you await the outcome of your application.
If your application for registration under section 4(2) of the British Nationality Act 1981 is successful you will be granted British Citizenship otherwise than by descent.
My Application to Register as a British Citizen Has Been Granted – What Next?
If your application to register as a British citizen on grounds of residence under section 4(2) of the British Nationality Act 1981 is successful, you will be invited to a citizenship ceremony. The Home Office will contact you with the details of which local authority you should get in touch with to arrange the ceremony. If you do not wish to have your ceremony in the local authority area near you, a question on the application form will allow you to specify the local authority area you would prefer.
It is worth noting that you will only become a British citizen after you have attended your citizenship ceremony. It is important to apply for a ceremony within 3 months of receiving the invitation, or it will expire and you will have to re-apply and pay the fees again.
For more information on how to arrange a citizenship ceremony and what it involves, please read our earlier post on ‘British Citizenship: The Citizenship Ceremony’.
Following the citizenship ceremony, you will be eligible to apply for a British passport, or a certificate of entitlement to the right of abode if you prefer. It is important to time your citizenship ceremony when you do not intend to travel, as once you are a British citizen, you will not be able to travel using your BRP, previous evidence of your immigration status, or the certificate you receive after the ceremony.
Applications for a British passport can be made online or on paper. Average processing times are 10 weeks, but it may be possible to obtain expedited services in certain circumstances.
Applications for a certificate of entitlement to the right of abode are made online and the certificate will be endorsed in your passport.
After you have obtained citizenship, you will be expected to return your Biometric Residence Permit within 5 days of getting your certificate of British citizenship. The relevant Home Office Guidance states that you should cut it into four pieces and put it in a windowless envelope, with an enclosed note stating that you are returning your BRP because you have become a British citizen, and include your name, date of birth, and the document number found on the card. A failure to return your BRP within 5 days could result in fines of up to £1000.
Contact Our Immigration Barristers
For more information on Registration as a British Citizen under section 4(2) of the British Nationality Act 1981, please contact our specialist immigration and nationality barristers on 0203 617 9173 or via the enquiry form below.
