British Citizenship By Marriage, UK
Mr. Sajjad Kayani
Overview
Kayani Legal is a trusted firm of solicitors specialising in British citizenship by marriage or paper marriage in uk We understand the complexities of UK immigration laws and are here to guide you through the process.Â
To successfully apply for citizenship, you must demonstrate several critical criteria, including being within the UK for at most 90 days in the 12 months before your application. You were present in the UK on the exact date three years before making your application. Additionally, you must have been away from the United Kingdom for at most 270 days during this qualifying 3-year period. You must not have breached UK immigration laws.
Furthermore, it would be best if you were of good character. You have sufficient knowledge of Life in the UK. You know the English language. You intend to make the UK your permanent home.Â
Table of Contents
How to Apply for British Citizenship by Marriage
A Step-by-Step Guide
We cover the essential requirements you need to meet to obtain British citizenship by marriage.
Consult a Reputable Law Firm
Before you start the application process, it's advisable to consult a reputable law firm. A law firm like Adam Bernard's British Citizenship Solicitors in London can help you ensure that your application is error-free and provide you with a quicker decision on your application.
Meet the Eligibility Requirements
It would be best if you met the following criteria
- You are married to a British national with a UK passport.
- You are 18 years or older.
- You hold Indefinite Leave to Remain (ILR), EU Settled Status, or EEA Permanent Residence.
- Your ILR, EU Settled Status, or EEA permanent residency has been valid for at least three years.
- You meet the 'Good Character' requirement with no severe offences on your record.led Status, or EEA permanent residency has been valid for at least three years.
- You must have passed the Life in the UK Test.
- You have passed English Test at a specified level.
Meet the Residency Requirements
- You must have lived in the UK for at least three years.
- You must hold ILR, Indefinite Leave to Enter the UK or EU Settled Status.
- You must have spent at most 270 days outside the UK in the three years preceding your application.
- You must have spent at most 90 days outside the UK in the year immediately preceding your application.
- It would help if you had no significant criminal offences or immigration law breaches on your record.
Good Character Requirement
The 'Good Character' condition is essential to a British citizenship application. Your previous record must not contain the following
- Any immigration offences in the last ten years
- Any illegal immigration entry into the UK
- Any custodial sentence lasting more than four years.
- Any recent or severe criminal record, including offences committed inside and outside the UK
- Any term of imprisonment lasting at least one year but not more than four years unless served more than 15 years before your application.
Fill Out the Application Form (Form AN)
To apply for British citizenship as a spouse. You must complete Form AN, the Application for Naturalisation as a British Citizen. This 30-page form requires you to provide details about your travel, residency, and identification information. Before completing the form, you must have passed the Life in the UK Test and met the English language requirements.
Attend the Citizenship Ceremony
Once your citizenship application is approved, you must send your Biometric Residence Permit (BRP) to the Home Office within five days or face a fine of £1000. You'll then receive an invitation to attend a mandatory citizenship ceremony if you are 18 or older. The ceremony is typically organised by your local council for a fee of £80 and allows you to bring two guests. Alternatively, you can opt for a private ceremony at a higher cost.
Fees and Processing Time
The basic fee to apply for British citizenship as a spouse is £1,300. However, additional fees may include professional translation services for documents not in English or Welsh, an English test if you don't already have proof of English proficiency and a £19.20 fee for biometric details collection. The Home Office takes up to 6 months to process the application, but the actual duration may vary depending on the accuracy and completeness of your application. Any changes in your relationship status or any errors in your application can impact the processing time.
Conclusion
Obtaining British citizenship by marriage involves.
- meeting various requirements,
- filling out the application form,
- paying fees, and
- attending a citizenship ceremony.
Case Law British Citizenship by Marriage
UK case laws play a crucial role in applying for UK citizenship by marriage. Here are a few more critical cases that have shaped the current rules and regulations for obtaining citizenship through marriage:
-
R v SSHD (2002)
This case established the principle that a spouse of a British national who lived in the UK for a minimum of three years could apply for citizenship.
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R (Iran) v SSHD (2005)
This case clarified the requirement that an applicant must meet the "good character" criteria, including having no criminal record, to be eligible for citizenship.
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R (Gudanaviciene) v SSHD (2013)
This case established the right of a non-European Economic Area (EEA) national spouse to apply for citizenship while still in the UK without having to leave the country first.
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R (Kaur) v SSHD (2018)
This case emphasised the importance of considering all the relevant circumstances, including the length of the marriage, when deciding on citizenship applications.
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R (Raza) v SSHD (2018)
This case established that an applicant for citizenship by marriage must have lived with their spouse in a genuine and subsisting relationship for at least three years.
-
R (Bidve) v SSHD (2019)
This case established that an applicant for citizenship by marriage must have lived with their spouse in the UK for at least three years before applying.
Find Your Answer
Frequently Asked Questions
- You must be married to a British national with a UK passport.
- You must be 18 years or older.
- It would help if you held Indefinite Leave to Remain (ILR), EU Settled Status, or EEA Permanent Residence.
- Your ILR, EU Settled Status, or EEA permanent residency must have been valid for at least three years.
- You must meet the 'Good Character' requirement with no severe offences on your record.
- You must have passed the Life in the UK Test.
- You must have passed English Test at a specified level.
- You must have lived in the UK for at least three years.
- You must hold ILR, Indefinite Leave to Enter the UK or EU Settled Status.
- You must have spent at most 270 days outside the UK in the three years preceding your application.
- You must have spent at most 90 days outside the UK in the year immediately preceding your application.
- It would help if you had no significant criminal offences or immigration law breaches on your record.
- Any immigration offences in the last ten years.
- Any illegal immigration entry into the UK.
- Any custodial sentence lasting more than four years.
- Any recent or severe criminal record, including offences committed inside and outside the UK.
- Any term of imprisonment lasting at least one year but not more than four years unless served more than 15 years before your application.
- Once your citizenship application is approved, you must send your Biometric Residence Permit (BRP) to the Home Office within five days or face a fine of £1000.
- You'll then receive an invitation to attend a mandatory citizenship ceremony.
Why Choose Kayani Legal for British Citizenship by Marriage Applications
Expertise in Immigration Law
Kayani Legal’s solicitors have extensive experience in handling complex British citizenship applications, including those based on marriage. Our in-depth understanding of UK immigration laws ensures your application is thorough, accurate, and tailored to meet legal requirements.
Personalised Guidance for Your Application
We recognise that every case is unique. Our team provides personalised advice and step-by-step support, ensuring all eligibility criteria, such as the residency and good character requirements, are met. This tailored approach helps minimise errors and delays in the application process.
Proven Track Record of Success
With a high success rate in citizenship applications, Kayani Legal has helped numerous clients achieve their goal of becoming British citizens through marriage. Our results-driven approach is designed to maximise your chances of approval.
Efficient and Transparent Process
Applying for citizenship can be daunting. Kayani Legal simplifies the process, guiding you from completing Form AN to attending the citizenship ceremony. We maintain transparent communication throughout, so you’re always informed of your application’s progress.
Excellence for Digital Accessibility
As a modern law firm, we ensure you can easily access expert legal advice online. With optimised digital resources and an approachable team, Kayani Legal bridges the gap between traditional legal services and digital accessibility, providing a seamless experience for our clients.