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Step-by-step Guide to Acquiring Citizenship

Author: Louise Smith, barrister - Updated: 26 August 2010 | Comment
 
Step-by-step Guide To Acquiring Citizenship

This article is a guide to the stages that a foreign national will ordinarily have to go through before they may acquire British citizenship. This guide generally assumes that an adult foreign national is applying for citizenship in their own right rather than through any relationship they may have with a British citizen or resident. The requirements also differ for citizens of the European Economic Area.

1. Entering the UK Legally

The first step in the process is to enter the UK legally. Foreign nationals may need a visa or entry clearance to come to the UK. Whether a visa is required will depend on: the foreign national’s country of origin; the purpose of their visit; and, the length of their proposed stay.

People coming to the UK must ensure that they satisfy all immigration requirements before they make travel arrangements. A mistake at this stage could mean that the foreign national will never be eligible for citizenship. Some visas do not allow the holder to extend their stay once the initial period of validity expires and so will not provide a path to citizenship.

2. Remaining in the UK Legally

Once a foreign national has entered the UK legally it is vital that their stay in the country remains legal. A breach of immigration rules will almost certainly mean that any subsequent application for citizenship will be refused.

Foreign nationals who have temporary leave to remain in the UK must ensure that they obtain indefinite leave to remain before their temporary leave expires. Any period spent in the UK without permission from the immigration authorities will not be counted towards the residence requirements for citizenship.

3. Satisfying Residence Requirements – The Five-Year Qualifying Period

To qualify for citizenship, foreign nationals must have been legally resident in the UK for at least five years. During that five-year period the foreign national must not have been out of the UK for more than a total of 450 days and must not have been out of the UK for more than 90 days during the final twelve months of the five-year period. This five-year period is known as the residential qualifying period.

It is a further and vital residence requirement that an applicant for citizenship was physically in the UK exactly five years before the date on which their application is received by the UK Border Agency. If they were not in the UK on this exact date, the application will fail.

4. Satisfying Other Requirements

In addition to satisfying the residence requirements prospective UK citizens must also:
  • Be at least 18 years of age and of “sound mind” – for immigration purposes this means that the applicant must be capable of making decisions for themselves;
  • Intend to continue living in the UK;
  • Be able to communicate in a UK language – which will usually be English – and have knowledge of life in the UK; and,
  • Be of “good character” – this means that the applicant must have no relevant criminal convictions.

5. Taking the UK Citizenship Test

In order to satisfy the language and knowledge of UK life requirements prospective citizens must now either take a citizenship test – the Life in the UK test – or take a course of combined English language and citizenship classes. Whether applicants must take the test or the classes will depend on their existing English language skills. Applicants who are already able to communicate to an acceptable level in English take the Life in the UK test.

The test or classes must be successfully completed before making an application for citizenship.

6. Completing the Application Form

Once all the above requirements have been satisfied the foreign national is now ready to apply for citizenship. The application is made using form AN - great care should be taken to read the guide on completing the form. Supporting documents must be attached and a non-refundable fee of £655 must be paid at the same time. Applicants applying within the UK are also required to pay £80 to cover the cost of the citizenship ceremony. This part of the fee is refundable if the application fails.

7. Attending a UK Citizenship Ceremony

If the application is successful, the applicant will receive a letter inviting them to arrange attendance at a Citizenship Ceremony, which must take place within 90 days of receipt of the invitation. At the ceremony all new British citizens are required to take an oath (or affirmation) of allegiance to the Queen and give a pledge of loyalty to the UK and its values.Finally, the new citizen will be handed a certificate of citizenship confirming that they are now a UK citizen.

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Comments...

Hi, I came in 2005 as a student and lived here since then. I got married in 2009 to a british citizen. I got my indefinite leave to remain in dec 2011. Can I apply now for citizenship as I have been here more than 5years or I have to wait 12months?
Wny - 27 January 2012 @ 11:10 PM
Please could you advise me as to how I can gain citizenship. I am 60 years old and I came to The UK when I was 6 years old in 1956. I completed my school education in England. I lived with my parents butwent back to hungary for 2 years when I was 16. I rmarried an Englishman who I had met in England and we married in Hungary. I returned back to The UK at age 19. We had 2 childern both born iin The UK. After gaining a divorce I decided to go back to Hungary in 1980, but I returned again to live permenently in The UK in 2005. I come from an EU country and need to know the steps to take to obtain citizenship. Do I still need to sit the Life In The UK Test as I have studied at Bolton College in Lancashire and passed my Level 1 Literacy and Numeracy Test? I await your reply. Ms Ilona Cooper
ICA - 3 September 2011 @ 9:35 PM
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