British Citizenship
You can become a British Citizen by birth (‘otherwise than by descent’), ‘by descent’ or by Naturalisation.
British Citizenship by Birth
Children who are born in the UK where at least one parent held Settled Status (including ILR or Permanent Residence) at the time of their birth will usually be British Citizens and can apply for a passport.
Children who are born before a parent held Settled Status can apply for Naturalisation as a British Citizen once at least one parent holds Settled Status. The parents do not need to obtain British Citizenship before a child born in the UK can acquire British Citizenship.
British Citizenship by Descent
Children born outside the UK to a parent who is British ‘other than by descent’ (this usually means that the parent was born in the UK) will usually be British Citizens and can be registered as British Citizens.
British Citizenship by Marriage
If you are married to a British Citizen then you can apply for Naturalisation as a British Citizen immediately upon having obtained Settled Status – you do not have to hold ILR status for at least 12 months. Your relationship must be subsisting and you must intend to continue living with your British partner.
The Residency Requirement in these cases is:
- No more than 90 days outside the UK during the 12 months prior to application;
- No more than 270 days outside the UK in the 3 years prior to application.
- Physically present in the UK 3 years to the day prior to application.
You must meet the English language requirement and you must also have passed the Life in the UK test, unless you are exempt from these requirements (most often on the basis of age).
British Citizenship by Naturalisation
This generally applies to adults who have obtained Settled Status (Indefinite Leave to Remain or Permanent Residence) after a qualifying period of 5 years working in the UK or 10 years Long Residence.
The Residency Requirement for these applications is:
- Must have held Settled Status for at least 12 months;
- No more than 90 days outside the UK in the 12 months prior to application;
- No more than 450 days outside the UK in the 5 years prior to application;
- Must have been physically present in the UK 5 years to the day prior to application.
You must meet the English language requirement and you must also have passed the Life in the UK test, unless you are exempt from these requirements (most often on the basis of age).
What if I cannot meet the Residency Requirement for British Citizenship?
Unlike the Residency Requirement for Indefinite Leave to Remain, the Home Office can exercise discretion and grant your British Citizenship application if you have exceeded the standard number of days that you can be absent from the UK.
There are varying degrees of discretion permitted and some levels of absence will require you to clearly demonstrate strong and compelling reasons why those absences should be disregarded and to furthermore clearly evidence your ties to the UK.
