British Citizenship Eligibility

[HBBB]

Hello Everyone

I know there is a need for being 1year on ILR to apply for BC. I am wondering if there has been any changes to this due to Pandemic situation?

To be more specific. I was eligible for ILR in March 2020. I applied and because of English language test I only submit all documents in Sep 2020 and got the visa in Dec 2020. In normal situation I probably could get the ILR earlier and become eligible for BC sooner. Any thoughts would be greatly appreciated.

Thanks

[vinny]

Haven’t seen any announcements of relaxing the requirements.

[secret.simon]

I know there is a need for being 1year on ILR to apply for BC. I am wondering if there has been any changes to this due to Pandemic situation?

Likely no change.

Keep in mind that naturalisation is not a part of the immigration pathway, which ends at ILR.

Also, the requirements for naturalisation are laid down in primary legislation (unlike the Immigration Rules, which is secondary legislation made by ministers) and can't be changed by ministers easily, but may require new legislation, which is unlikely and can take up to a year to get through both Houses of Parliament.

[usmann]

Hello Everyone

I know there is a need for being 1year on ILR to apply for BC. I am wondering if there has been any changes to this due to Pandemic situation?

To be more specific. I was eligible for ILR in March 2020. I applied and because of English language test I only submit all documents in Sep 2020 and got the visa in Dec 2020. In normal situation I probably could get the ILR earlier and become eligible for BC sooner. Any thoughts would be greatly appreciated.

Thanks

it depends on your IlR category if you got ilr on marriage visa basis and still married to british national you can apply straight away

[HBBB]

Hello Everyone

I know there is a need for being 1year on ILR to apply for BC. I am wondering if there has been any changes to this due to Pandemic situation?

To be more specific. I was eligible for ILR in March 2020. I applied and because of English language test I only submit all documents in Sep 2020 and got the visa in Dec 2020. In normal situation I probably could get the ILR earlier and become eligible for BC sooner. Any thoughts would be greatly appreciated.

Thanks

it depends on your IlR category if you got ilr on marriage visa basis and still married to british national you can apply straight away

Thank You. I was on Tier 2(General). I have been continuously living in Uk since March 2015 and got my ILR on Dec 2020. I did apply for my son who was born here straight away without ILR

[secret.simon]

it depends on your IlR category if you got ilr on marriage visa basis and still married to british national you can apply straight away

To put it more correctly, so long as the applicant is married to a British citizen (not national; British citizen is only one category of British nationals), they can apply for naturalisation immediately after acquiring ILR regardless of the immigration pathway they used to get to ILR.

So somebody who got ILR by Tier 2 G or by Ancestry visa or by the EUSS can apply for naturalisation immediately after acquiring ILR under those categories, if, on the date of the naturalisation application, they are married to a British citizen. Neither the length of the marriage nor the route to ILR matters in this context.

[mesn]

Hello Everyone

I know there is a need for being 1year on ILR to apply for BC. I am wondering if there has been any changes to this due to Pandemic situation?

To be more specific. I was eligible for ILR in March 2020. I applied and because of English language test I only submit all documents in Sep 2020 and got the visa in Dec 2020. In normal situation I probably could get the ILR earlier and become eligible for BC sooner. Any thoughts would be greatly appreciated.

Thanks

it depends on your IlR category if you got ilr on marriage visa basis and still married to british national you can apply straight away

Thank You. I was on Tier 2(General). I have been continuously living in Uk since March 2015 and got my ILR on Dec 2020. I did apply for my son who was born here straight away without ILR

Assuming you applied for your son's naturalization and not BC. Your son would be British by birth only if he was born after you got your ILR.

[HBBB]

it depends on your IlR category if you got ilr on marriage visa basis and still married to british national you can apply straight away

To put it more correctly, so long as the applicant is married to a British citizen (not national; British citizen is only one category of British nationals), they can apply for naturalisation immediately after acquiring ILR regardless of the immigration pathway they used to get to ILR.

So somebody who got ILR by Tier 2 G or by Ancestry visa or by the EUSS can apply for naturalisation immediately after acquiring ILR under those categories, if, on the date of the naturalisation application, they are married to a British citizen. Neither the length of the marriage nor the route to ILR matters in this context.

Would you clarify this:
My wife and I move to UK together and she was dependent on my T2G visa. We renewed once and then hot our ILR in Dec 2020 together. My son was born here when we were on T2G. I got a dependent visa for home to apply. I didn’t apply for ILR for my son. Instead applied for British citizenship (gov website says it the same as naturalisation). Requirements says at the time of “application” one of parents should have ILR not at the tome of birth. There was no requirement about having ILR for him. I think the form is called “set(o)”.

I checked naturalisation and the document “ Guide AN
Naturalisation Booklet The Requirements” says if you not married to a British national you need to be 12 months on ILR. Would you point me to where it says T2G is similar to naturalisation through marriage in this matter and there is no 12months ILR requirement?

Thanks

[CULLINAN]

You and your wife will have to wait for 1 year on ILR before applying for Naturalisation as per Section 6(1) BNA 1981 and you both can apply earliest in Dec 2021.

(You are not married to a British Citizen and vice versa for your wife)

For your UK born child, I am assuming what you did was to register the child as British via the MN1 route after you got your ILR in Dec 2020? This is the correct thing to do not SET(O).

https://www.gov.uk/government/publicati ... n-form-mn1

[HBBB]

Hello Everyone

I know there is a need for being 1year on ILR to apply for BC. I am wondering if there has been any changes to this due to Pandemic situation?

To be more specific. I was eligible for ILR in March 2020. I applied and because of English language test I only submit all documents in Sep 2020 and got the visa in Dec 2020. In normal situation I probably could get the ILR earlier and become eligible for BC sooner. Any thoughts would be greatly appreciated.

Thanks

it depends on your IlR category if you got ilr on marriage visa basis and still married to british national you can apply straight away

Thank You. I was on Tier 2(General). I have been continuously living in Uk since March 2015 and got my ILR on Dec 2020. I did apply for my son who was born here straight away without ILR

Assuming you applied for your son's naturalization and not BC. Your son would be British by birth only if he was born after you got your ILR.

On gov website citizenship and naturalisation are used interchangeably. I used link below:

https://www.gov.uk/apply-citizenship-born-uk

Requirements says:

You were born on or after 1 January 1983
You may be eligible if either:

-you’re under 18 and since your birth one of your parents became a British citizen, or got permission to stay in the UK permanently.
-you lived in the UK until you were 10 or older

[CULLINAN]

https://www.legislation.gov.uk/ukpga/1981/61/section/1

Section 1(3) BNA 1981 applies to your UK born child.

[vinny]

Naturalisation is for adults only, under

Section 6(1) or
Section 6(2).

[HBBB]

You and your wife will have to wait for 1 year on ILR before applying for Naturalisation as per Section 6(1) BNA 1981 and you both can apply earliest in Dec 2021.

(You are not married to a British Citizen and vice versa for your wife)

For your UK born child, I am assuming what you did was to register the child as British via the MN1 route after you got your ILR in Dec 2020? This is the correct thing to do not SET(O).

https://www.gov.uk/government/publicati ... n-form-mn1

Thanks You. Yes that’s exactly what I did. Sorry for mentioning set(o). That was for our ILR. MN1 was for my son.

So the general rule is registering as a British Citizen. However there are Naturalisation rules that will overwrite some of the requirements for the BC and for example people who are born to or married to a British National can take naturalisation shortcuts.

[CULLINAN]

Children can only be registered as BC.

Adults naturalise as pointed by Vinny in the last post also. Both sections have their own requirements. Section 6(2) applies to someone married to a British Citizen.

https://assets.publishing.service.gov.u ... ber_20.pdf

Children born to British or settled parents have their own rules depending on if the child is born in UK or abroad and other factors. Do not get confused in scenarios that do not apply on your case.