British Citizenship By Marriage

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Residence Requirements For Naturalisation By Marriage

To satisfy the residence requirements you must not have had spent more than 270 days outside the UK in the 3-year period, and you must not have had more than 90 days outside the UK in the 12 months immediately prior to the date you submit your application.

Further, an additional requirement is proving that you were present in the UK exactly 3 years before the date the Home Office receives your application. 

You must provide the Home Office with accurate travel history, otherwise your application process stands to be delayed or even refused. If you are not sure about your travel history or whether you meet the requirement, you can make SAR application to the Home Office to obtain your immigration records.

You must ensure that you meet these residence requirements as this is common mistake that applicants make leading to a refusal.

The Life in the UK Test

To meet the life in the UK requirement, an applicant must have successfully completed the test operated by a provider approved for this purpose and in the UK, this test must be booked through GOV.UK.

The test is computer based and lasts 45 minutes. You will be told whether you pass or fail on the day of the test. The test questions are about Life in the United Kingdom, such as the legal system, employment conditions, and other aspects of living in the UK. Before applying, you can take the test whenever you like as the test is valid for life.

The test can be retaken as many times as necessary to pass it and costs £50 each time. If you have already passed the test for instance, when you applied for indefinite leave to remain you do not need to take it again.

There is an official manual available for £50 as well. You may also practise by downloading an app; look for the TSO’s official Life in the UK Test. 

People under 18 years or 65 years or older on the date of their applications are exempt from the KOLL requirement. Furthermore, you may be exempt from taking the test if you have a physical or mental health condition that makes it impossible for you meet the KOLL requirement.

Good Character Requirement For British Naturalisation 

To satisfy the good character requirement you must have not contrived UK Law and fulfilled your obligations as a resident since the first time you arrived in the uK.  

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 offence in the last 10 years before their application, or that have first entered the country illegally.

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

Who can be a British citizenship referee?

Your application must be endorsed by two suitable referees. These referees must meet a certain criteria and will be required to provide information regarding themselves to the Home Office. 

Both of the referees must have known you for at least three years, but they can’t be family members, your agent or lawyer, or someone who works for the Home Office.

One of your referees can be of any nationality but must be of “professional standing”, for example an accountant, councillor (local or county), director of a VAT-registered firm, member of parliament and so on. 

Your second referee must be at least 25 years of age and a British Citizen. 

We have covered the referee requirements in detail in an earlier post. 

Supporting Documents For British Citizenship By Marriage

You will need to provide extensive documentation in support of your application, including your spouse or civil partner’s current passport or naturalisation/registration certificate showing that they are a British citizen, together with your marriage certificate or civil partnership certificate.

You will need to provide the following documents:

• ID proof such as your valid passport or travel document
• Evidence of your Indefinite Leave to Remain, for example your BRP Card with ILR endorsement;
• Proof that you meet the knowledge of life and language in the UK requirements ie Life in the UK and IELTS test certificates
• Proof of residence in the UK for the relevant 3-year period
• Your absences from the UK during your qualifying period, including details

The supporting documents required in your application will depend on your personal circumstances. Failure to provide the required documentation to support your application will result in a delay in the processing time or even a refusal. 

Refused British Citizenship Application

Unfortunately, the British Nationality Act of 1981 and the regulations enacted in accordance with it do not provide for any legal right to challenge citizenship decisions. 

However, if your application has been rejected and you feel that the decision was not properly supported by law, policy, or process, you might be able to ask the UK Home Office to reconsider the decision. 

In cases when a rejection is the result of an administrative error, the Home Office may on occasion reopen an application. The situations here, however, are restricted, as in the following, for a caseworker:

• hasn’t decided the application using the proper requirements or necessary criteria.
• has neglected to consider pertinent facts or documentation they have in their possession.
• has rejected a request because there was no response to their inquiries, despite the fact that a response had been received but was unrelated to the request.
• has made a decision without giving enough time for the investigation to be finished.

Assistance with Your Naturalisation Application

Our team of friendly professionals can assist you the process of naturalisation. Call us on 02087575751 if you wish to discuss your Citizenship application or use our contact form.

Frequently Asked Questions

Will my children become British if I have naturalised as a British citizen?

As a general rule, children automatically acquire British nationality if they were born in the UK from at least one parent who is a British citizen or settled person.

What are the differences between ILR and British Citizenship?

There are various differences between Permanent Residence and British Citizenship, such as, the manner in which you can travel, status of your children and so on. However, for some individuals British Citizenship may not be the way forward due to a number of reasons. In an earlier post we discussed the benefits and differences of ILR versus Citizenship

Can I travel outside the UK after submitting my naturalisation application?

Yes, you can travel freely after submitting your citizenship application.