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NEW RULES FOR BRITISH CITIZENSHIP: UPDATED POLICY GUIDANCE

boris johnson new viisa rules post brexit

 

NEW RULES FOR BRITISH CITIZENSHIP: UPDATED POLICY GUIDANCE

The United Kingdom Home Office has revised its policy guidance for the Applicants applying for British citizenship.

 

Although the changes are slight modifications such as swapping interim entrance with immigration bail and the interpretation that spouses and civil partners of British citizens in the Military must be deemed under the principles for spouses and civil partners of Crown servants, it is essential to be mindful of the numerous obligations that must to persuaded before making an application for British Citizenship in the United Kingdom. Our Partner solicitors specialises in British citizenship applications and will be pleased to be able to help with any new visa applications. Please comment below so our team can organise a preliminary session to examine your British Citizenship case.

 

Naturalisation as a British citizen: What is it?

To naturalise as a British citizen implies that you attain a British passport and as a result free from immigration limitations in the United Kingdom; which almost all migrants desire. Before making an application for British citizenship, Applicants should possess permanent residence or indefinite leave to remain in the United Kingdom. The path to naturalisation might differ relying on the Applicant’s immigration history and whether all of the obligations may well be met.

For Instance, if an Applicant makes an application for a spouse visa and fulfils all of the obligations for both the primary and the extension application, they can then apply for ILR and then British Nationality next year; which means it has only taken 6 years to attain a British Nationality. On the other hand one of the obligations for the spouse visa could not be fulfilled but the Secretary of State still practised discretion and permitted the visa but put them on the 10-year long-residence route, then it may take up to 11 years to get British nationality.

The obligations that an Applicant should fulfil differ marginally based on whether they are married or in a civil partnership with a British national. In cases where the Applicant is married or in a civil partnership with a British national, they must fulfil the obligations of section 6(2) of the British Nationality Act 1981, other applicants are obliged to fulfil the obligations of section 6(1) of the British Nationality Act 1981.

Kids under the age of 18 may not be “naturalised” as a British nationals. Where a kid is involved on an application, the Home Office must reflect whether that kid is currently a British national or if they can be listed as a British national either because they have an right or at the will of the Home Secretary.

 

Naturalisation as a British citizen: What are the requirements?

For Applicants who are married or in a civil partnership with a British national, they must prove that the following obligations are fulfilled for their British nationality application:

  1. Applicant is required to be of good character;
  2. Applicant is required to be married to or is in a civil partnership with a British citizen;
  3. Applicant is required to meet the English language obligations and demonstrate adequate awareness of life in the UK.
  4. Applicant is required to be at least 18 years of age;
  5. Applicant is required to fulfil the residency obligations including not having too many absences from the United Kingdom during the qualifying phase; and
  6. Applicant should be of full capability.

 

The obligations for Applicants who are not married or in a civil partnership with a British national are very much same but with the exception of the marriage obligation. They should also demonstrate that they plan to make the United Kingdom their primary home.

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