Immigration | What are the different ways that a person may apply for British citizenship?

Dear Mr Bassie,

I would like to know what are the different ways that a person can apply for British citizenship.

Thanks in advance for your advice.

M.M.

Dear M.M.,

There are different ways to apply for British citizenship or ‘naturalisation’ and this would be based on a person’s circumstances. If the person is eligible in more than one way, he/she can choose which way to apply.

Those persons who have applied for citizenship, will need permission to stay in the United Kingdom (UK) until they are granted citizenship. They should be aware that their permission needs to last until they have had their citizenship ceremony.

It should be noted that, for persons who have ‘indefinite leave to remain’ (ILR) or settled or pre-settled status under the EU Settlement Scheme, this counts as permission to stay. The deadline to apply to the EU Settlement Scheme for most people was June 30, 2021. However, if persons did not apply to the EU Settlement Scheme by the deadline, they may still be able to apply and may be able to pay to get a faster decision.

Persons born in the UK

Persons do not automatically get British citizenship if they were born in the UK. It depends on when they were born and their parents’ circumstances. They will need to check whether they are a British citizen. Persons may be eligible to apply for citizenship if they were born in the UK and are not automatically British citizens.

Persons married to or in a civil partnership with a British citizen

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

They will also need to have either indefinite leave to remain (ILR) or settled status under the EU Settlement Scheme. If they have either, they will be eligible to apply for citizenship immediately.

Persons who have indefinite leave to remain (ILR)

Persons can usually apply for ILR after they have lived in the UK for five years. To apply for citizenship with ILR, they must usually have lived in the UK for 12 months after receiving it. Please note that persons who are Irish citizens can, if they have lived in the UK for five years.

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 have a parent with British overseas territories citizenship

• they are stateless

• they previously gave up (renounced) their citizenship

• other special circumstances apply to them.

• They are a Chagossian descendant (a direct descendant of someone born in British Indian Ocean Territory)

Persons who are Commonwealth citizens

Persons may be eligible to apply for citizenship under the Windrush Scheme if both he/she or one of their parents arrived in the UK before 1973 ; he/she has lived in the UK and not been away from the UK for more than two years.

Please be aware that, if the person’s parent arrived in the UK before 1973, the applicant must have either been born in the UK or arrived in the UK before he/she was 18 years old.

Just for completeness, please note that some Commonwealth citizens have ‘right of abode’ in the UK. This means they can live or work in the UK without immigration restrictions. Persons should also check if they can apply to prove they have right of abode in the UK.

I hope this helps.

John S. Bassie

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, the past global president of the Chartered Institute of Arbitrators ,and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com