Recent Changes in Nationality/Policy Instructions Following the Civil Partnership Act 2004

The introduction of the Civil Partnership Act 2004, which came into force on 5 December 2005, has created some changes to the British Nationality Act 1981. Civil partners will now enjoy the same rights as married couples when applying for naturalisation as a British citizen.

Primarily, the changes enable the civil partner of a British citizen to apply for British citizenship following three years? residence in the United Kingdom, under section 6(2) of the British Nationality Act 1981. The civil partner must have indefinite leave to remain in the United Kingdom at the time of making the application, while satisfying various other requirements.

Civil partners can also apply jointly for British citizenship under section 6(1) of the 1981 Act. In order to do so, they must have resided in the United Kingdom for five years, while having indefinite leave to remain in the United Kingdom for at least one of these years. Various other requirements must also be satisfied.

Minors to a civil partnership will be treated in the same way as minors to a marriage, and can be registered as a British citizen in line with their parent?s status.

If you have any questions regarding naturalisation as a British citizen as a civil partner, please do not hesitate to contact Nadine Goldfoot or Kate Chisholm of this office.