British Citizenship by Marriage is a crucial turning point at which the foreign spouses long for the UK to be their home country. This directive aims to provide complete and concise information on how to pursue your citizenship plan in the United Kingdom if you are married to a British citizen.
What Is British Citizenship by Marriage?
British citizenship through marriage will confer the privilege of residing and working in the UK not being regulated by immigration laws, which means that their status has been approved. Nevertheless, it should be borne in mind that this method of application is just exclusive to persons who are already in a legal matrimonial or civil partnership with a British national and they are also required to have possessed indefinite permission to remain (ILR) for at least three years.
Eligibility Criteria for British Citizenship by Marriage
To qualify for British citizenship by marriage, you must meet the following eligibility criteria:
Age Requirement
18 years old at the time of your application is required.
Good Character
UK citizenship will be applied to individuals who can prove that they are of good character which means they have not flouted any of UK laws.
Residency
You must at least operate within the territory of the UK for at least three years up to the time of submission of your application or you have a valid residence status in the UK.
Indefinite Leave to Remain (ILR)
Among such criteria an applicant is expected to comply, the candidate must enjoy settled status according to the new rules of Indefinite Leave to Remain (ILR).
Language Proficiency
English competence applicants should possess, as confirmed by the upcoming of a recognized language test.
Life in the UK Test
To testify of the day you’ve immersed in the UK tradition, you have to pass the Life in the UK test.
Applying for British Citizenship by Marriage
Here are the steps to apply for British citizenship through marriage:
Online Application (Form AN)
Fill in the blanks with the Form AN online to start your process. This detailed account gathers the necessary facts to apply for the program.
Appointment Booking For British Citizenship by Marriage
After completing all paperwork and submitting the required fees, make sure you set up an appointment at one of the UK Visa and Citizenship Application Services (UKVCAS) service points. You will need to provide your fingerprints and photos at the scheduled appointment, and you will submit them along with any required documents.
Paper Application
On the contrary, if you do not desire to among online, you can instead fill out your form beforehand and send it alongside supported documents as well as the paper payment slip beforehand to UKVI. He/She can choose this kind of status for the citizens of the Overseas Territory of the United Kingdom.
British Citizenship by Marriage Requirements
Marriage to a British citizen or civil partnership with a settled person remains the very thing that becomes the avenue of settlement for British nationals. Meeting the following requirements is essential:
- Be at least 18 upon application or older by the end of the campaigning period.
- Show “good character” by keeping the UK legislation. If you submit a visa application with false statements or omit important information, you could trigger illegal activities such as appalling behavior, fraud, or significant crimes.
- Have stayed in the UK at least for three years.
- Giving settled status under ILR status (Indefinite Leave to Remain) will be also effective.
- Demonstrate a high level of proficiency in English by taking the EU-authorized English language test.
- Pass the Life in the UK test as evidence of your dedication to the grandeur of British traditions. Create an interactive and visually appealing website with clear goals, compelling content, and intuitive navigation to enhance user experience
The Importance of Being a Settled Person
The UK immigration law requests anyone who is seeking British citizenship by marriage to be living in the UK for a minimum of three years before applying. Also, keeping a residential status probably represents a required component in your long-term plan to get a British nationality.
Before applying for UK citizenship, ensure you possess one of the following:
Basic Eligibility Requirements
Age: You must be over 18 years old at the time of application.
Good Character: You should demonstrate that you are of good character, which generally means not having serious criminal convictions or issues related to immigration fraud.
Residency: You must be currently living in the UK and have:
- Lived in the UK for at least 5 years (or 3 years if married to a British citizen) prior to your application.
- Not been absent from the UK for more than 450 days during the 5-year period or 270 days during the 3-year period if applying as a spouse.
- Been physically present in the UK on the day exactly 5 years (or 3 years) before your application date.
EU Settled Status
Unlimited stay in the UK is the Indefinite Leave to Enter the UK. Therefore, you must get permanent residence in the UK from abroad.
Eligibility Criteria
To qualify for Settled Status, applicants must meet the following criteria:
- Residence Requirement: Applicants must have lived in the UK for a continuous period of five years. This includes time spent in England, Scotland, Wales, or Northern Ireland.
- Application Deadline: The main deadline for applications was 30 June 2021. However, individuals who were not eligible by this date could apply for Pre-Settled Status and later transition to Settled Status after meeting the five-year requirement.
- Family Members: Family members of eligible individuals can also apply under specific conditions. They must have been living in the UK by 31 December 2020 and maintain their relationship with the primary applicant.
Rights and Benefits
Individuals granted Settled Status enjoy a range of rights:
- Indefinite Stay: They can live in the UK indefinitely without immigration restrictions.
- Work and Study: Holders have the right to work, study, and access public services such as the NHS without any limitations.
- Pathway to Citizenship: After holding Settled Status for at least 12 months, individuals may apply for British citizenship.
Application Costs
The wedding for being accepted as a British citizen by marriage will cost 1,300 pounds. In addition, there is a fee of £19.20 for the collection of biometrics information records. Budget additionally for the fees like the ones connected with English Language tests and professional translation(also written in English or Welsh if not) of the documents.
Processing Time
Afterwards submitting your statement for consideration, the Home Office normally answers within about a year. Alongside, the processing also encounters a hindrance if you do not provide the needed supporting documents well or even make errors when filling out the form. In the course your situation should happen to change during the application process, for instance, if you split with the partner living beside you, it is necessary to inform UKVI immediately.
Residency Requirements
As the marriage /spouse of a UK national, we must have been staying in the UK for at least 3 years to be eligible to apply for British Citizenship. Besides securing the permanent residency condition is as crucial as the basic skills. This means you should not have:
- Been outside the UK for more than 270 days during the 3 years entering this card application
- You have spent more than 90 overseas days in 12 months before application.
- But, remember that any violation of the UK immigration rules during your stay in the UK should be addressed as well.
“Good Character” Requirement
Expert Guidance and Assistance For British Citizenship by Marriage
The Importance of Sound Mind
Furthermore, sound recognition is the most important for qualifying for British citizenship no matter your current immigration status. It means that you will have to grasp all the ramifications of this and know exactly what you are doing throughout the whole process. In special cases, the Home Office will not require naturalized British citizens to meet this condition if granting naturalization serves the direct interests of the person.
Also, When you apply to a spouse who is unable to understand the process, you must include a letter establishing yourself as their legal representative and provide sufficient supporting documentation to explain their current mental health condition.
Post-Citizenship Procedures For British Citizenship by Marriage
The next step is to apply for the Biometric Residence Permit (BRP) at the Home Office within 5 working days in the event you receive your British citizenship permit. However, ensure you leave a note stating the reason for the return of the permit otherwise; you may be liable for a fine equal to £1,000 maximum. Once you obtain British citizenship, the authorities will cancel your BRP, and you will need a different type of identity document to enter the UK. Rather than your certificate of naturalization until you possess a United Kingdom passport. The entitlement of a British passport is not eligible, so the option of having the whole certificate of entitlement comes into play.
Citizenship Ceremonies For British Citizenship by Marriage
Applying for a British Passport
Upon receiving a certificate of your British citizenship, you now go on to apply for your first full adult passport. To continue using your British passport for your child, even after they turn 16, you need to know the exact issue and expiration dates of your passport. An adult passport stays valid for ten years and serves as proof of ordinary residence and citizenship in the UK, as well as for traveling abroad. However, remember that once you gain UK citizenship and the right to hold a parliamentary position, you no longer need to rely on external documents. The next step is to make online passport applications £82.50 each, but paper applications will be still £93.
British Citizenship for Your Children
As a general rule, the child born in the UK to a parent who has British citizenship or settling status automatically acquires the British nationality. For affirmative answers, it is advisable to consult a lawyer to confirm whether children can claim British citizenship through alternative means.
Application After the Loss of a Partner
If your British partner dies before you lodge a naturalization application, you cannot claim this category and your application will be refused. However, if you have ILR, EU-settled status, or permanent residence, you might be eligible for British naturalization through other immigration routes.
Exceptions to Residency Requirements
Employment Abroad:
If your British spouse works abroad for the UK government or an organization closely linked to it, you may be exempt from the standard residency requirements. This means that time spent outside the UK during such employment may not count against the residency requirement of having lived in the UK for at least three years.
Special Circumstances: The Home Office may consider special circumstances that affected your ability to reside in the UK. For example:
- Health issues that prevented you from living in the UK.
- Travel restrictions that were beyond your control.
- Situations where you were required to leave the UK but later had that decision overturned.
Continuous Residency:
You must have been physically present in the UK exactly three years before your application date. However, if there are valid reasons for absences during this period, such as those mentioned above, these may be taken into account when assessing your application.
In summary, while there are strict residency requirements for British citizenship by marriage, exceptions exist primarily related to employment and special circumstances that can allow for some flexibility in meeting these criteria.
British citizenship by marriage is such a major event in one’s life and enables the foreign spouse to permanently settle in the UK. Legally speaking, you can acquire UK citizenship if you qualify, follow the requirements for acquiring the citizenship, and apply. British nationality law can be complex. If you don’t qualify for citizenship through the standard process, you might still be eligible for other options, such as naturalization based on long residence or registration through descent from a British parent. Ultimately, your situation is fact-specific, so ensure that you structure your application to take account of your particular and individual circumstances.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the UK straightforward and successful. Whether you’re applying for an Indefinite Leave to Remain (ILR) or Fiancé(e) Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need to visit the UK. You can call us today at +234 812 5505 986 to learn how we can help you.
