British Citizenship By Marriage

If you are married or are in a civil partnership with a British citizen then you can apply for citizenship by marriage.

In order to register for UK nationality, you also need to:

• Be over the age of 18
• Have lived in the UK continuously for the past 3 years
• Have not had excessive periods of absence from the UK in the past 3 years
• Have been granted indefinite leave to remain (ILR) or permanent residence

Requirements

Before you apply for British citizenship by marriage you should make sure you can meet the following requirements:

• Be aged 18 or older at the time of your application
• Be able to demonstrate your “good character”, meaning that you have not broken any UK law
• Have lived for at least three years in the UK
• Have been granted settled status under Indefinite Leave to Remain
• Prove adequate knowledge of English by passing an accredited language exam
• Pass the Life in the UK test to show your commitment to British customs

If you’re from the European Economic Area (EEA) you must also be able to produce confirmation that you hold a permanent residence in the UK following EEA Regulations.

To apply for British citizenship by marriage (naturalisation), you can fill in the AN form available on the gov.uk

After you have submitted your paperwork and paid your application fees, you will need to book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point. Here your fingerprints and photos will be collected, and you will be able to scan and submit a copy of your documents.

If you don’t wish to apply online, you can send your form, your documentation, and your paper payment slip to the UKVI.

It costs £1,250 to apply for British citizenship by marriage (naturalisation).

You should also take into account other costs you may incur during the application process, these include:

• English language test – £150
• Life in the UK test – £50
• Having your biometric information (fingerprints and photos) collected – £19.20
• Translation of documents – varying prices depending on the length of documents

If your British citizenship application is refused, then you won’t be refunded your naturalisation application fees. This means it is important to ensure you send all the correct documents and provide all the information you need to. Our expert immigration lawyers can check your documents and help you with your application to give you the best chance of success, so don’t hesitate to contact us now.

The time it takes to register for UK nationality via the naturalisation route can vary.

Partners of British citizens can be eligible for naturalisation within 3 years, but it’s important to remember that you must already be settled in the UK and that the minimum amount of time required to be eligible for Indefinite Leave to Remain is 5 years.

This is why it will still usually take around 5 years to acquire British citizenship by marriage (or civil partner), but this time can vary depending on how long it takes for you to get a decision on your application for each part of the process.

You must first apply for a Spouse Visa or an Unmarried Partner Visa. If you are granted one of these then you will be allowed to stay in the UK for 2.5 years.

If you want to remain in the UK after this time you must apply for an extension of your visa such as a spouse visa extension. If you are granted an extension then you will be able to stay in the UK for another 2.5 years.

Once you have stayed in the UK continuously for 5 years you will be eligible to apply for Indefinite Leave to Remain (ILR).

As soon as you have ILR you are eligible to apply for British citizenship through marriage or civil partnership.

After you have submitted your request to register for UK nationality to the Home Office, you will usually get an answer within 6 months. However, it may take longer for the UKVI to process your British citizenship case if you fail to provide adequate supporting documents, or if you made any mistake while completing your forms.

If your situation changes during your application (for example, if you divorce your partner), you must contact the UKVI as soon as possible.

To qualify for British citizenship by marriage, you must have lived in the UK for at least three years before you submit your application. You are also required to meet the residency conditions. This means you must not have:

• Spent more than 270 days outside the UK during the three-year qualifying period before your application
• Spent more than 90 days abroad in the last 12 months before you submit your forms
• Broken any UK immigration law at any time during your residency in the UK

Anyone over the age of 10 applying for British citizenship has to be able to fulfill the “good character” requirement.

The British Nationality Act of 1981 doesn’t define “good character” but to satisfy this requirement you will have to show that you have respected UK laws and have been a good resident in the UK since you first entered the country.

When assessing whether you show “good character” the home office will generally take into account:

• Criminal convictions
• Breaking of any immigration laws
• War crimes or terrorism offenses
• Financial soundness
• Deception or dishonesty

If you have a severe or recent criminal record, including any custodial sentence of more than 4 years, your British citizenship application will be refused. The same applies to those who have been guilty of an immigration offense in the last 10 years before their application, or those who have first entered the country illegally.

Any imprisonment between 12 months and four years will impact your British citizenship application unless at least 15 years have passed since the end of the sentence.

Positive factors, like any contributions you have made to society, will also be considered.

Regardless of your current immigration status, you must be of sound mind to register for British nationality. This means that you must be able to understand what becoming a citizen of the UK entails and that you are aware of the steps you are taking.

The Home Office may exempt some applicants from this requirement only in specific circumstances, for example, if being granted British citizenship is in the applicant’s best interests.

If you are completing a citizenship application on behalf of your spouse who is not of sound mind, you will need to attach a letter stating your position as the legal representative of that person and adequate documentation explaining his or her mental condition.

Anyone seeking British citizenship or Indeifinite Leave to Remain must take and pass a Life in the UK Test, also known as the British Citizenship Test.

The Life in the UK Test is done on a computer at one of 30 test centres in the UK. You will have 45 minutes to complete it. It consists of 24 questions on topics such as British history, values, and traditions.

You must achieve at least 75% or more in the test to pass it.

You can book the test online and must do so at least 3 days in advance.

When applying for British citizenship by marriage you might need to prove your knowledge of the English language.

You can prove this by either:

• Having a degree that was taught in English
• Passing an English language test from a registered centre at either B1, B2, C1 or C2 level

You don’t have to prove your knowledge of the English language if you:

• Are over 65
• Have a long-term mental or physical condition that means you are unable to do so
• If you are a citizen from one of these countries where English is the official language:
  • Antigua and Barbuda
  • Australia
  • The Bahamas
  • Barbados
  • Belize
  • Canada
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • Ireland (for citizenship only)
  • Malta
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • USA

Once your application for British citizenship is successful, you will receive a British citizenship certificate. At this point you must return your Biometric Residence Permit (BRP) to the Home Office within 5 working days.

You should also attach a note to explain why you are returning your permit. If you don’t return you BRP back to the Home Office in time then you could be fined up to £1,000.

Once you become a British citizen, you will no longer be able to use your BRP to enter the UK. Instead, you can use your certificate of citizenship until you receive your passport.

If you do not wish to apply for a British passport, you can request a certificate of entitlement.

Those who acquire British citizenship by marriage or otherwise, and are 18 or over, are required to attend a citizenship ceremony at the end of their application process. Your ceremony must be booked within three months of receiving an invitation from the Home Office. The citizenship ceremony will be organised by your local council, and you are usually allowed to take up to two guests.

It costs £80 to attend a group ceremony, while private events may cost more, depending on your local council’s regulation.

If you are outside the UK, you can ask the embassy or consulate in the country where you live if you can have your ceremony there.