Naturalisation as a British Citizen When Married to a British Citizen
If you are at least 18 years old and hold indefinite leave to remain or a right of permanent residence in the UK, you may be able to apply to naturalise as a British citizen. The requirements for naturalisation as a British citizen will differ depending upon whether or not you are married to a British citizen. This post will only set out the requirements for those married to a British citizen at the time of application. The requirements for both are set out here for your reference.
Section 6(2) of the British Nationality Act 1981 sets out the basis for naturalising as a British citizen if you are married to a British citizen. However, it is worth noting that naturalisation applications are by nature discretionary applications. This is in line with Home Office rhetoric that British citizenship is a privilege and not a right.
Requirements for Naturalisation as a British Citizen When Married to a British Citizen
Married to a British Citizen
As set out above, the requirements for naturalisation applications differ depending on whether you are married to a British citizen or not. If you are, the relevant period for the purposes of the residence requirement is three years rather than five. It will therefore be necessary to provide proof of marriage and evidence of your partner’s citizenship.
Residence Requirement for Section 6(2) Naturalisation as a British Citizen
Under section 6(2), there are requirements for your residence in the UK, which are:
- You were physically present in the UK at the date three years prior to submitting your application
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- This is calculated as the day after the date of application submission minus the three years.
- There is discretion to accept an application where this requirement is not met in exceptional circumstances, such as illness or travel restrictions as a result of the pandemic.
- Further, you are able to tick a box on the application form which allows you to agree for the decision maker to use a different date as the application date to work to benefit you.
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- You have not been absent from the UK for more than 90 days in the 12 months prior to the date of application and 270 days in the 3 years prior to the date of application
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- Absences can be assessed through a variety of sources including: passports, travel documents, Home Office records or if these are not available, employers’ letters, tax and National Insurance letters.
3 year period:
- There is an automatic discretion which will be applied to absences up to 300 days.
- For absences totalling between 300 and 540, discretion can only be applied where it can be shown that you have established a home, employment, family and finances and the UK and an exception applies, including that the absences are a result of: a posting in Crown service, accompanying a spouse overseas, an unavoidable consequence of your career, compelling reasons of an occupational or compassionate nature. An alternative exception is one years’ residence without substantial absences immediately preceding the start of the three year period. If the days absent exceed 450 days, the period of residence should be two years.
- Presence is understood to mean physical present and there is no requirement to have been domiciled or ordinarily resident in the UK.
12 month period:
- If the total number of days absent are 100 or less, discretion will automatically be exercised.
- If absences are between 100 and 180 days, if the above 3 year requirement is met, discretion may be applied if strong links to the UK are evidenced. If the three year requirement is not met, discretion may only be exercised if you show both strong links to the UK and the absences are justified for reasons including Crown service, compassionate reasons, such as an inability to travel due to the pandemic.
- If absences exceed 180 days and the three year requirement is met, discretion may be exercised if you can show you have made the UK your home.
- If absences exceed 180 days and the three year requirement is not met, discretion will only be exercised if you have made the UK your home and there are exceptional circumstances.
- You are not subject to immigration control
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- Some demographics are exempt from immigration control under section 8(3) or (4) of the Immigration Act 1971 including but not limited to: members of the home forces, diplomats, members of diplomatic missions, locally engaged staff (non-diplomats).
- This requirement is met if you hold indefinite leave to enter, indefinite leave to remain or right of abode in the UK. Whilst it is true that if you are not in the UK you are free from immigration time restrictions, such applications will typically be refused on the basis of circumvention.
- This will not be met if you are on immigration bail, are in immigration detention or have absconded detention or bail or are in the UK unlawfully.
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- You have not been in breach of immigration laws in that 3 year period
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- If you have been granted indefinite leave to enter or remain this requirement is treated as having been met.
- If you have right of abode in the UK, you are not subject to immigration control so will have been lawfully in the UK in the three year period.
Sound Mind
There is a requirement that the applicant is of sound mind and full capacity, as defined in section 50(11) of the British Nationality Act 1981. This is to ensure applicants understand that they are applying for citizenship and the purpose of the application. Applications should not be refused on the basis of disability.
This requirement can be waived at the discretion of the Secretary of State. If waived, it is normal practice to also waive the requirement to make an oath and pledge at the citizenship ceremony.
Good Character Requirement
Good character is assessed through looking at conduct including criminality, terrorism, notoriety, deception, dishonesty and financial soundness.
It is also defined positively and evidence can be provided to evidence community ties, charitable work and positive contributions. Further information on this requirement can be found in this blog.
English Language Requirement for British Citizenship
The English language requirement can be met if you:
- Are a national of a majority English speaking country
- Have valid speaking and listening certificate at level B1 CEFR or higher, from one of the Home Offices’ list of recognised tests, taken at an approved test centre
- Obtained a degree in the UK
- Obtained a degree taught or researched in a majority English speaking country and a AQUALS from UK NARIC confirming the qualification is equivalent to a UK qualification
- Obtained a degree taught or researched in a non-majority English speaking country and an AQUALS from UK NARIC confirming the qualification is equivalent to a UK qualification and an English Language Proficiency Statement from UK NARIC.
Life in the UK Test
You must complete the Life in the UK test prior to submitting your naturalisation application. The test can be booked online here and costs £50. It is a 45 minute test with 24 questions.
There are exemptions from both of the English Language and Life in the UK requirements due to age and physical or mental condition.
Contact Our Immigration Barristers
For expert advice and assistance with an application for a Naturalisation as a British citizen, contact our Nationality Barristers on 0203 617 9173 or complete our enquiry form below.
