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Home -> Lawyer -> Uk -> Citizenship

Citizenship

  • In United Kingdom the citizenship may be acquired either through
  • i.                    ancestry, or

    ii.                  Naturalisation

    • The acquisition of citizenship through ancestry means parents of the person must be the citizen of the United Kingdom

    NATURLISATION

    • The acquisition of citizenship through naturalization may take place either
    • after five years in the UK
    • after three years in the UK as a spouse of an UK Citizen

    Naturalisation after five years in the UK

     If the person wishing a citizenship is not married to a British Citizen he/ she needs the following requirements to apply for naturalisation:

    • He/ She must be aged 18 or over and are not of unsound mind.
    • He/ she must be of good character. 
    •  He/ she should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if one is elderly or mentally handicapped.
    • He/ she should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

    The five-year period is counted from the five years from the date when the application reaches the home office.

    The person must have indefinite leave to remain (sometimes also known as permanent residency/ILR) to be able to apply for naturalisation.

    The processing times for naturalization applications is currently about six to seven months.

    If the person wishes to apply for naturalization and is not married to an UK Citizen he/she will need to meet the following requirements:

    •  He/she must have been living in the United Kingdom at the beginning of the five-year period; and
    • During the five-year period he/she must not have been outside the United Kingdom for more than 450 days (about 15 months); and
    • During the last 12 months of the five-year period he/she must not have been outside the UK for more than 90 days; and 
    •  During the last 12 months of the five-year period his/her stay in the United Kingdom must have held permanent residency/ indefinite leave to remain (ILR)
    • He/ she must not have been living in the United Kingdom in breach of UK immigration rules at any time during the five-year period ending with the date that the application is received by the Home Office.

    Naturalisation after three years in the UK as a spouse of an UK Citizen

    • The requirements for naturalisation as a spouse of a British citizen are similar to those mentioned above for naturalization for five-year period.
    • The difference is that there is a shorter residency requirement of three years in the UK. 
    •   The three years of the residency requirement are counted from the date your naturalization application is received by the Home Office.

    RESIDENCY REQUIREMENT

    • It requires that the applicant must have been living in the United Kingdom at the beginning of the three-year period; and
    • On the date that the application is received in the Home Office, applicant must have permanent residence/ ILR in the UK; and 
    •   During the three-year period the applicant must not have been outside the UK for more than 270 days (approximately 9 months); and
    • During the last 12 months of the five-year period you must not have been outside the UK for more than 90 days; and
    • The applicant must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.

    ELIGIBILITY TO GET PERMANENT RESIDENCE IN UK

    The length of time that one must spend in the UK before being eligible for Permanent residence in the UK:

     

      Permanent residence

    Time needed to gain permanent residency

    HSMP and Work permit

    4 years

    Ancestry

    4 years

    Marriage

    2 years, 1 year if the original application was approved before 1 April 2003

    Unmarried partners

    2 years

    Investors

    4 years

    Writers, composers and artists

    4 years

    Sole reps

    4 years

    Persons establishing themselves in business

    4 years

    Unlawful stay or a combination of lawful and unlawful stay

    14 years

    Lawful stay on any basis

    10 years

     

    Once permanent residence (properly known as indefinite leave to remain) has been granted, there are no longer any immigration related restrictions on the work or business to do in the UK, and no time limits on the stay in the UK.

    CITIZENSHIP AND PERMANENT RESIDENCE

    • In United Kingdom the citizenship may be acquired either through

    i.                    ancestry, or

    ii.                  Naturalisation

    • The acquisition of citizenship through ancestry means parents of the person must be the citizen of the United Kingdom

    NATURLISATION

    • The acquisition of citizenship through naturalization may take place either

    ?        after five years in the UK

    ?        after three years in the UK as a spouse of an UK Citizen

    Naturalisation after five years in the UK

     If the person wishing a citizenship is not married to a British Citizen he/ she needs the following requirements to apply for naturalisation:

    •  He/ She must be aged 18 or over and are not of unsound mind.
    • He/ she must be of good character. 
    •  He/ she should be able to communicate in the English language (or Welsh or Scottish Gaelic). There are exemptions to this requirement, for example if one is elderly or mentally handicapped.
    • He/ she should intend to live in the UK or in Crown Service abroad (working directly for an UK Government organisation), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the United Kingdom.

     The five-year period is counted from the five years from the date when the application reaches the home office.

    The person must have indefinite leave to remain (sometimes also known as permanent residency/ILR) to be able to apply for naturalisation.

     The processing times for naturalization applications is currently about six to seven months.

    If the person wishes to apply for naturalization and is not married to an UK Citizen he/she will need to meet the following requirements:

    • He/she must have been living in the United Kingdom at the beginning of the five-year period; and
    • During the five-year period he/she must not have been outside the United Kingdom for more than 450 days (about 15 months); and
    • During the last 12 months of the five-year period he/she must not have been outside the UK for more than 90 days; and
    • During the last 12 months of the five-year period his/her stay in the United Kingdom must have held permanent residency/ indefinite leave to remain (ILR)
    • He/ she must not have been living in the United Kingdom in breach of UK immigration rules at any time during the five-year period ending with the date that the application is received by the Home Office.

    Naturalisation after three years in the UK as a spouse of an UK Citizen

    • The requirements for naturalisation as a spouse of a British citizen are similar to those mentioned above for naturalization for five-year period.
    • The difference is that there is a shorter residency requirement of three years in the UK.
    • The three years of the residency requirement are counted from the date your naturalization application is received by the Home Office.

    RESIDENCY REQUIREMENT

    • It requires that the applicant must have been living in the United Kingdom at the beginning of the three-year period; and
    • On the date that the application is received in the Home Office, applicant must have permanent residence/ ILR in the UK; and
    • During the three-year period the applicant must not have been outside the UK for more than 270 days (approximately 9 months); and
    • During the last 12 months of the five-year period you must not have been outside the UK for more than 90 days; and
    • The applicant must not have been in breach of any UK immigration rules at any time during this three-year period of residence in the UK.

    ELIGIBILITY TO GET PERMANENT RESIDENCE IN UK

     The length of time that one must spend in the UK before being eligible for Permanent residence in the UK:

     

      Permanent residence

    Time needed to gain permanent residency

    HSMP and Work permit

    4 years

    Ancestry

    4 years

    Marriage

    2 years, 1 year if the original application was approved before 1 April 2003

    Unmarried partners

    2 years

    Investors

    4 years

    Writers, composers and artists

    4 years

    Sole reps

    4 years

    Persons establishing themselves in business

    4 years

    Unlawful stay or a combination of lawful and unlawful stay

    14 years

    Lawful stay on any basis

    10 years

     

      Once permanent residence (properly known as indefinite leave to remain) has been granted, there are no longer any immigration related restrictions on the work or business to do in the UK, and no time limits on the stay in the UK.



    Name: Gautam Khurana
    Email: g.khurana@indialawoffices.com
    URL: http://www.helplinelaw.com
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