Being married to a British citizen does not automatically grant the non-UK spouse British citizenship. Instead, the process of naturalisation must be undertaken, requiring the applicant to meet strict eligibility criteria under UK nationality law and submit a citizenship application to the Home Office.
Our expert London law firm specialises in handling British naturalisation applications, ensuring a seamless and efficient process. With our deep knowledge of UK immigration law, we help applicants avoid common pitfalls that can lead to delays or refusals. In this guide, we detail the eligibility requirements and step-by-step application process for obtaining British citizenship through marriage.
When Can You Apply for British Citizenship as a Spouse?
If you are married to a British citizen and have been granted UK settlement (Indefinite Leave to Remain, Settled Status, or Permanent Residence), you can apply for British citizenship immediately. This is an exception to the general rule, where non-spouses must hold ILR or Settled Status for at least 12 months before applying.
To be successful, you must meet all the required criteria for naturalisation.
How do I meet the Eligibility Criteria for British Citizenship by Marriage?
To qualify for British citizenship through marriage, applicants must meet the following requirements:
- Be at least 18 years old.
- Be married to or in a civil partnership with a British citizen.
- Be of sound mind.
- Be of good character.
- Demonstrate proficiency in the English language and knowledge of life in the UK.
- Have resided in the UK for a minimum of three years before applying, while satisfying the residence requirements.
Our experienced immigration solicitors can assess your eligibility and guide you through the legal intricacies, ensuring that your application is properly documented and compliant with Home Office regulations.
What Are the Indefinite Leave to Remain (ILR) Requirement?
A key prerequisite for naturalisation is holding permanent residence status. You must have lived in the UK as a permanent resident for at least three continuous years before applying. Acceptable forms of settlement include:
- Indefinite Leave to Remain (ILR).
- Indefinite Leave to Enter (ILE).
- Settled Status under the EU Settlement Scheme.
Proof of settled status must be submitted with your naturalisation application, and our legal team can assist in compiling the necessary documentation to strengthen your case.
How Do I Meet Residency Requirements?
To satisfy the residence requirements, you must ensure that:
- You have not spent more than 270 days outside the UK in the three years before applying.
- You have not spent more than 90 days outside the UK in the last 12 months before applying.
- You were physically present in the UK exactly three years before the date your application is received by the Home Office.
- You have not breached any UK immigration laws during your qualifying period.
Excessive absences from the UK can be a common reason for application refusals. Our law firm provides expert guidance to assess your residency history and determine whether you meet the requirements.
Do I require Knowledge of Life in the UK & English Language?
Naturalisation as a British citizen requires demonstrating a commitment to UK values, which includes proficiency in English and knowledge of life in the UK. These requirements can be satisfied by:
- Passing the ‘Life in the UK’ test at an approved test centre.
- Providing evidence of English language proficiency through:
- A UK degree or an equivalent qualification taught in English.
- Passing a Home Office-approved Secure English Language Test (SELT).
Applicants from majority English-speaking countries (e.g., the USA, Australia) are exempt from the language requirement but must still pass the Life in the UK test.
If you are aged 65 or over, or have a long-term physical or mental condition preventing you from meeting these requirements, exemptions may apply. Our legal experts can help assess whether you qualify for an exemption.
Do I Meet the Good Character Requirement?
Applicants must demonstrate good character, which means:
- No serious or recent criminal convictions.
- No history of immigration breaches, such as overstaying a visa or unlawful entry into the UK.
- Respect for UK laws and obligations.
The Home Office applies a strict assessment, often refusing applications for custodial sentences over four years or non-custodial sentences within the last three years. Our immigration solicitors can review your history to ensure compliance with this requirement and provide mitigation strategies if necessary.
Do I Need Referees for British Citizenship Applications?
Your naturalisation application must include two referees who:
- Have known you for at least three years.
- Are not related to you or involved in your application.
- Do not work for the Home Office.
One referee must be of professional standing, such as a solicitor, accountant, or police officer, while the second must be a British citizen aged 25 or over.
Incorrect referees can delay your application. Our law firm verifies referee eligibility to prevent unnecessary complications.
What to Do If My Citizenship Application Is Refused?
A refusal of British citizenship can be disappointing, costly, and time-consuming. While there is no legal right to appeal, you can request reconsideration if the refusal is due to:
- Application of incorrect criteria by the caseworker.
- Failure to consider relevant documents.
- Errors in assessing your response to Home Office queries.
Our expert solicitors can review your refusal letter, identify grounds for reconsideration, and assist in submitting a strong challenge to the Home Office.
What is the Difference Between ILR and British Citizenship?
While Indefinite Leave to R grants the right to live and work in the UK indefinitely, British citizenship offers additional benefits, including:
- The ability to apply for a British passport.
- Full voting rights in UK elections.
- Freedom to leave the UK for unlimited periods without jeopardising status.
- The right to pass British citizenship to children born outside the UK.
Applying for citizenship is a crucial step towards securing your future in the UK. Our law firm provides end-to-end legal support, from eligibility assessments to application submission, ensuring a smooth transition to British citizenship.
Why Choose Our Leading London Law Firm?
The naturalisation process can be complex and demanding, with strict Home Office requirements. Our expert London-based immigration solicitors provide:
- Comprehensive application preparation to ensure all requirements are met.
- Expert document verification to avoid delays or refusals.
- Strategic advice on complex cases, including excessive absences and character issues.
- Representation in case of refusals, maximising your chances of a successful reconsideration.
With our deep understanding of UK immigration law, we simplify the process and increase your likelihood of securing British citizenship. Contact us today for a consultation and take the next step towards becoming a British citizen.
