If you are married to a British citizen and you are looking to apply to naturalise as a British citizen, you are doing so under section 6(2) British Nationality Act 1981.
You will need to meet the following requirements:
- You are at least 18 years old;
- You are of full capacity and sound mind, i.e. you are able to fully understand your decision to become a British citizen;
- You meet the residence requirements;
- You are of good character - i.e. you do not have any criminal convictions, adverse immigration history, etc. If you are an EEA national you will need to provide evidence that you were exercising Treaty Rights during the necessary periods; and
- If you are under the age of 65, you will also need to show sufficient knowledge of the English language and knowledge of life in the UK.
In order to meet the residence requirements, you must demonstrate:
- That you hold Settled Status or Indefinite Leave to Remain in the UK;
- That you were physically present in the UK on the exact date three years before the date of application;
- That you have not been absent from the UK for more than:
- 270 days in the last three years; and
- 90 days in the 12month period ending with the date of application.
- In the period of three years ending with the date of application you must not have been in breach of the immigration laws.
In the event that you do not meet the following requirements, your application will be a discretionary one and will be decided on a case-by-case basis, and there is a risk it will be refused.
Gherson has a wealth of experience advising clients on British nationality law. If you have any questions or doubts regarding your immigration matters, please contact us for advice and to discuss your specific circumstances. Send us an , or alternatively, follow us on Twitter to stay up-to-date.
The information in these blogs is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in these blogs. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021
Trainee Solicitor in our General Immigration Team