Applying for British Nationality – ICS Legal

Applying for British nationality depends on your immigration status, and connections to the British Empire or family can be a complex process.

The British Empire was the largest Empire in history, ruling over 412 million people over a decade and having territories across the globe. You can read more information regarding the British Empire by clicking here.

As the Empire was drawing back. The UK Government allowed countries to become independent. Which led to most people losing their status as UK citizens and colonies, thus resulting in British nationality. Those who permit to apply for British citizenship allowing to do so, and others not allow to do so. This happened in most cases due to the country of independence.

As with any part of the law, British nationality laws continue amending, and the introduction of the Nationality and Borders Act 2022 introduces new categories not found previously.

Here are some of the nationality routes that a person may qualify to become a British national.

The UK Home Office introduced six nationality categories during the closure of the British Empire. One of which allows a person to live in the UK.

Applying to become a British national through naturalization and registration

A person who holds either Indefinite Leave to Remain or settled status in the UK can look to Apply for British Nationality. The application requires a person to meet the 3 years or 5 years of residency requirements.

Further to this, an applicant require to demonstrate they are a person of good character and also meet the knowledge of life requirements. Once the application lodge, the Home Office usually take around 6 months to process it. You would allow to remain in the UK whilst this is pending.

Following the current changes, a person may qualify to become a British citizen through registration. This is to demonstrate that you have an entitlement to apply due to your connection to the British Empire.

Applying under discretion & special consideration

A person not able to meet the naturalization or registration requirements can still look to submit an application. For example, if a person cannot complete the Life in the UK test or there are excessive absences for genuine reasons, an application can still lodge.

When applying under this provision, you must be able to demonstrate your strong connections to the UK; this may include but is not limit to your work, contributions, and family, to name some of the considerations that give when the application lodge. It recommend that any legal representation with evidence enclose to support the application.

Special cases in applications

The Nationality and Borders Act 2022 has introduced applications that a person can make based on special circumstances. This includes but not limit to those born in British territories who would have become a citizen of the United Kingdom and Colonies (CUKC).

Applying for British Nationality automatically by birth or descanting most cases, following the changes implement on the 20th of June 2022, children born to non-British parents entitle to make an application to become British. There are now discretionary powers give to the Home Office to permit applications that normally do not meet the requirements. However, due to serious and compelling grounds, an application can still made.

In the application to become a British national, as a minor, there no periods of residency require, and also, the application for those born in the UK generally consider in their favor.
Those who are born to settled parents are eligible to become British automatically. There are no requirements for those to apply for registration, and can simply apply for a British passport. There are exceptions to this policy. If a person is British by descent themselves, then passing on nationality to children if they were born outside of the UK would require meeting special requirements.

The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021

The Home Office has inserted a new change for those born to parents who are EEA nationals. The regulation extends to permit applications under special considerations.

Other forms of British Nationalities

Given the size of the British Empire, it agree upon that some give forms of nationality to show connections to the UK but not able to retain a right to residency on that alone.
In addition to British citizens, there are five types of British nationals. These are:

• British overseas territories citizen.
• British national (overseas).
• British overseas citizen.
• British subject.
• British protected person.

The right to become or hold this status depends on a number of circumstances and obvious connections to the British Empire. Further to this, those who have lived in the UK for 5 years under the above nationality status, would entitle to become a British citizen. There are no requirements to meet the knowledge of life requirements.

Refusal of a British nationality application

Due to the complexity of the regulations, several British nationality applications refuse and must appealed through the judiciary system. Suppose, an application refuse, you can challenge the decision and ask the Home Office to reconsider its position.
If the matter not overturn, you can appeal the decision to the administrative court.
If you require any advice or help on your nationality application, please contact ICS Legal team on 0207 237 3388.