Are you looking to apply for British citizenship? Becoming a British citizen can open many doors for you and the UK passport is definitely a sought-after passport.
So, how do you know if you qualify for a UK passport? Let’s take a look at the main routes to obtaining a British passport.
Applying for British citizenship is a process that can be both rewarding and challenging. There are a number of steps involved in the application process, and it is important to understand the requirements and procedures before beginning the application. This blog will answer some of the most frequently asked questions about applying for British citizenship.
Who is eligible for British citizenship?
As mentioned, there are a number of routes that can be taken to obtain a British passport and it all depends on your individual circumstances. The following are the different ways in which you can apply for a British passport:
a) Apply for British Citizenship through marriage.
If you are married to a British citizen (either legally or civilly), you may be able to apply for a UK passport.
Under old colonial law, rights were given to women who were married to a British man before 1 January 1983, and to the children of women married before 1949.
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Scenario 1: Women married to British men between 1 January 1949 and 31 December 1982
A woman from a Commonwealth country who married a British citizen before 1 January 1983 can claim the right of abode. What is a Commonwealth citizen? A Commonwealth citizen is someone who was born in a country that remained a Commonwealth country on 1 January 1983 (this excludes South Africa), or someone who has a father who was born in a Commonwealth country.
Right of abode allows you to live and work in the UK without any visa restriction. You can eventually naturalise as a UK citizen at a later stage. See point ‘C’ below for more on naturalisation.
Additionally, right of abode can be claimed from a previous marriage, even if a woman remarries, divorces or becomes widowed.
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Scenario 2: Women married before 1 January 1949
If your mother married a British man (a British citizen) before 1 January 1949, she became a British Subject. This makes you eligible to claim British citizenship.
Your mother remains a British Subject even if she divorced, remarried or became widowed.
b) British citizenship if you were born or naturalised in the UK
- If you were naturalised in the United Kingdom you automatically qualify for a British Passport.
- If you were born in the United Kingdom before 1 January 1983 you automatically qualify for a British Passport regardless of whether your parents were born inside or outside of the UK.
- If you were born in the United Kingdom after 1 Jan 1983 and your parents were born outside the United Kingdom, you do not automatically qualify for British citizenship/passport. It depends whether your parents were legally in the UK on a work or study visa at the time of your birth. If this is applicable, then you will need to submit supporting documents as proof. Click here to contact us for more information.
Are any of the above scenarios applicable to you? Contact us today for assistance in applying for your First-time British Passport.
Note: If you were born in the UK after 1 Jan 1983 and your parents were in the UK as tourists or illegally, then you do not qualify for British citizenship.
c) Apply for British citizenship by descent
Were you born abroad, outside of the UK, with either a British born mother or a British born father? You are eligible for British citizenship and a British passport through descent.
- Click here for more information if you have a British born (or naturalised) Father
- Click here for more information if you have a British born (or naturalised) Mother
- If you were born in South Africa, with a British born Maternal grandparent, then you are eligible for a British passport through double descent – click here for more information on double descent
If you were naturalised in the United Kingdom you automatically qualify for a British Passport.
Are any of the above scenarios applicable to you? Contact us today for assistance in applying for your First-time British Passport.
d) Apply for British citizenship by double descent
British citizenship through descent is only transferable to one generation down from the parent who is a British citizen (born or naturalised in the United Kingdom), if the child is born abroad (outside the United Kingdom).
Unfortunately British citizenship cannot be transferred from grandparents to grandchildren, although some exceptions may apply.
In some cases an applicant may have a claim by double descent through a British born grandparent, this is an exception to the rule and depends on certain specific circumstances.
Double descent possibility through the maternal line – applicants born in South Africa between 1 May 1962 and 1 January 1983 qualify. This is an exception to the rule regarding a maternal line. The rules may change in the future, but no-one is sure if and when this will happen.
e) The 5-year route.
The 5-year route (British citizenship by naturalisation) entails having lived for at least 5 years in the United Kingdom as a lawful resident. After this period, if you meet certain requirements, you can apply for British citizenship.
These requirements are as follows:
- You need to be at least 18 years of age to apply
- You must have lived for at least 5 continuous years in the United Kingdom and have spent no more than 450 days outside of the United Kingdom within this period.
- You must have held your Indefinite Leave to Remain (or ILR) in the United Kingdom for at least 1 year.
- You are required to meet certain English language requirements (referred to as the B1 CEFR level of English language requirements)
- You must pass the Life in the UK test which demonstrates that you have at least a basic understanding of the British way of life, UK customs, history, culture and traditions.
- You must not have breached any United Kingdom immigration rules.
- You are required to show that you meet the UK’s Good Character requirement. This means that you have not broken the law in the UK at any time and do not have a severe criminal record. If you have committed any criminal or immigration offences abroad, the Home Office will look into this and decide if it affects your application. If you have made any positive contributions to UK society, this will positively affect your application.
You need to wait at least 12 months after your ILR has been approved before you can apply to become a British citizen.
f) British citizenship for stateless persons.
If you are not a citizen of any country, i.e., you are stateless, you could be eligible for British citizenship if one of your parents was British at the time of your birth.
To be eligible, you must claim citizenship before the age of 18 or your rights to register fall away and are lost forever. The rules around British nationality and statelessness are complicated. It is best to consult an expert if you are considering this route to British citizenship.
g) Other ways to obtain a UK passport.
In addition to the above, there are other ways that you can apply for British citizenship. Below are some examples:
- British citizenship by crown service. If your United Kingdom-born parent or UK-born grandfather was employed by the UK government at the time of your or your parent’s birth you could be eligible for British citizenship.
- British citizenship by adoption. A child adopted in the UK after 1 January 1983 by a parent who was British at the time, can claim British citizenship.
- You are a Commonwealth citizen.
Under the Windrush Scheme, you may be eligible for UK citizenship if you (or one or both of your parents) settled in the United Kingdom before 1973. To apply, you must have lived in the United Kingdom for a certain period of time and not have left it for more than 2 years.
If one or both of your parents settled in the UK before 1973, you will need to prove that you were either born in the UK or have arrived in the United Kingdom before the age of 18.
Certain citizens of the Commonwealth have automatic “right of abode” in the United Kingdom, meaning that you are able to live or work in the country without having to apply for a visa.
The U.K.ABROAD team specialises in first-time British passport applications. Contact us for more information.
Conclusion: Apply for British Citizenship
Now that you know the basics about British citizenship, it’s time to find out if you qualify. The first step is checking whether you have a connection to the UK. This could be through ancestry, birth, residence or marriage. If you don’t have a connection to the UK, there are other ways of qualifying; for example, by being able to speak English and meet certain financial requirements. Once you’ve determined that you may be eligible for British citizenship, contact us below to find out more.
Contact U.K.ABROAD for your first-time British Passport Application
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Topic: Apply for British citizenship
