Naturalisation As A British Citizen When Married To A British Citizen – General Immigration

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
  

  • 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.

• 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
  

  • 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
  

  • 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.

• You have not been in breach of immigration laws in
  that 3 year period
  

  • 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.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.