Nationality

Applying for a Sponsorship Licence

British nationality remains as the final application for someone when considering making the United Kingdom their permanent home. If you are settled (have Indefinite Leave to Remain – ILR or, in the case of European (EU) nationals, Settled Status) in the UK you are entitled to live and work without any time limit or immigration restrictions. You do not have to become a British Citizen. However, many who have made the UK their permanent home wish to apply for British Citizenship.

The general criteria to make an application requires:
  1. Be 18 years or over.
  2. Have been resident in the United Kingdom for a period of 5 years.
  3. Hold a Settled Status.
  4. Meet the Knowledge of Life and Language (KOLL) requirements for the application.
  5. Ensure you meet the Good Character Requirement and be of Sound Mind.

Good Character Requirements

An applicant aged 10 or over must be of good character to apply for British citizenship. Essentially this means that you must show respect for the rights and freedom of the UK, have observed its laws, and fulfilled your duties and obligations as a resident. Do note the Home Office British Nationality Case Working Unit will carry out criminal and financial checks.

Sound Mind Requirements

Applicants must satisfy the full capacity requirement when applying for British citizenship (although in some cases this may be overlooked). This means that you are able to make your own decisions and understand the step you are taking.

Once you have obtained British citizenship you will be free from UK immigration control, and you will be able to apply for a British passport.

Fees

You must pay £1339 as home office application fees to apply for Naturalisation.

Documents required for British Nationality

You must provide some legal documents such as:

1. Your valid passport.
2. National ID card number.
3. Provide your UK Home Office travel documents, if any
4. Birth certificate
5. Provide your ILR permission / BRP
6. Proof of living in the UK for the previous 5 years
7. HMRC letters, letter from the NHS etc
8. English language
9. Life in the UK test results
10. Two referees
11. Completed form (AN)

You are strongly advised to take legal advice prior to applying for Naturalisation. Contact us on 0208 519 2888 for further assistance.

British Nationality for Children

British nationality remains as the final application for someone when considering making the United Kingdom their permanent home. If you are settled (have Indefinite Leave to Remain – ILR or, in the case of European (EU) nationals, Settled Status) in the UK you are entitled to live and work without any time limit or immigration restrictions. You do not have to become a British Citizen. However, many who have made the UK their permanent home wish to apply for British Citizenship.

The general criteria to make an application requires
  1. Be 18 years or over.
  2. Have been resident in the United Kingdom for a period of 5 years.
  3. Hold a Settled Status.
  4. Meet the Knowledge of Life and Language (KOLL) requirements for the application.
  5. Ensure you meet the Good Character Requirement and be of Sound Mind.

Good Character Requirements

An applicant aged 10 or over must be of good character to apply for British citizenship. Essentially this means that you must show respect for the rights and freedom of the UK, have observed its laws, and fulfilled your duties and obligations as a resident. Do note the Home Office British Nationality Case Working Unit will carry out criminal and financial checks.

Sound Mind Requirements

Applicants must satisfy the full capacity requirement when applying for British citizenship (although in some cases this may be overlooked). This means that you are able to make your own decisions and understand the step you are taking.

Once you have obtained British citizenship you will be free from UK immigration control, and you will be able to apply for a British passport.

Fees

You must pay £1339 as home office application fees to apply for Naturalisation.

Documents required for British Nationality

You must provide some legal documents such as

  1. Your valid passport.
  2. National ID card number.
  3. Provide your UK Home Office travel documents, if any
  4. Birth certificate
  5. Provide your ILR permission / BRP
  6. Proof of living in the UK for the previous 5 years
  7. HMRC letters, letter from the NHS etc
  8. English language
  9. Life in the UK test results
  10. Two referees
  11. Completed form (AN)

You are strongly advised to take legal advice prior to applying for Naturalisation. Contact us on 0208 519 2888 for further assistance.

British Overseas Citizens

Individuals would have become a British overseas citizen (BOC) on the 1st of January 1983 if :

They were a citizen of the United Kingdom and Colonies (CUKC) on the 31st of December 1982.
They did not become a British overseas territories citizen or a British citizen on January 1st 1983

Despite being British nationals, most British overseas citizens do not have UK right of abode. These citizens would have retained their British nationality after independence took place.

Your Rights as a British Overseas Citizen

British overseas citizens can:

  • Hold a British passport.
  • Get consular assistance and protection from United Kingdom diplomatic posts.

But unless you are a British citizen as well as a British overseas citizen:

  • You would still be subject to immigration controls. In this case, you would not have the ‘automatic’ right to live or work in the United Kingdom.
  • The European Union (EU) would not consider you as a United Kingdom national.

People who are Stateless

Being stateless means you are not recognised by any country as having a nationality. But, if you are ‘stateless’, you might be able to register as a British overseas citizen if (both):

There is another way for a stateless person to register as a British overseas citizen. It may be possible if all these apply to your situation:

  • You were born outside of the United Kingdom and outside the qualifying territories.
  • One of your parents is a British overseas citizen.
  • You lived in the United Kingdom or in an overseas territory for at least three (3) years.

There are two different application forms depending on when you were born. Fill in the most appropriate form for your situation:

Registering a Child as a British Overseas Citizen

There are special rules to register a child under 18 as a British overseas citizen. Use the ‘form to register a child under 18 as a British Overseas citizen: form MN3‘.

Registering as a British Citizen

As a British overseas citizen, you may be able to register as a British citizen if you meet certain conditions. To check your eligibility to become a British citizen, contact us on 0208 519 2888.

Hong Kong British National (Overseas)

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Resuming your British Nationality

In some cases, it’s possible to resume your British nationality after renouncing it, however it is very difficult to do this. The Home office will consider your state of mind, good character and age when deciding whether you can resume your citizenship. It is important to note that once you have been provided with a ‘declaration of renunciation’ renouncing your British nationality, you will have 6 months within which to obtain another nationality, otherwise your British citizenship still stands.

If you choose to give up (renounce) your British citizenship, you will get a ‘declaration of renunciation’ that you can use to show that you’re no longer British. This declaration will be signed and stamped and the date your citizenship stops will be declared on the form.

You may wish to do this if you want to become a citizen of another country. Please note your right to live in the UK may be affected if you choose to give up your Citizenship. In renouncing your citizenship, it will be considered whether you are 18 years old or older and whether you are of a sound mind.

If you are looking to then reclaim your British nationality, you will need to provide:

1. A copy of your declaration of renunciation
2. Your passport, or certificate of naturalisation or registration for your current citizenship or nationality
3. An official letter or statement from the country you are currently a citizen or national of saying that if you had not given up your British citizenship you would have lost or failed to get your current citizenship or nationality.

As this is a very unique application, you should not underestimate the complexity of this application. Reach out to us at Shawstone Solicitors so we can assist you to prepare the correct evidence you need. Call us on 0208 519 2888 today.

Get in touch

Get in contact with us today for a solution to all your immigration related problems. We are specialist immigration solicitors who can assist you with a range of applications. Contact us either by filling out our contact us page below, or you can telephone us and we will be able to offer you a suitable appointment. Either way where we are able to assist we can offer you a suitable appointment. We also offer legal advice and assistance through Legal Aid, therefore contact us to see if you are entitled for your case to be conducted via legal aid.

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