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Immigration Corner | Applying for citizenship as a spouse of a UK citizen

Published:Tuesday | November 17, 2020 | 12:08 AM

Dear Mr Bassie,

I am the spouse of a British citizen. I would like to know if I can apply for British citizenship. Thanks in advance for any advice that you can give me.

– U.B.

Dear U.B.,

Persons do not automatically become British citizens when they marry citizens from the United Kingdom (UK). Those persons will need to apply as the spouse of a British citizen.

ELIGIBILITY

Persons can apply for British citizenship by ‘naturalisation’ if they: are 18 years old or over; are married to, or in a civil partnership with, someone who is a British citizen; have lived in the United Kingdom for at least three years before the date of the application.

Persons can apply as soon as they have one of the following:

• A permanent residence document to prove they have permanent residence status;

• Indefinite leave to remain in the United Kingdom;

• ‘Settled status’ (also known as ‘indefinite leave to remain under the European Union (EU) Settlement Scheme’);

• Indefinite leave to enter the United Kingdom (permission to move to the UK permanently from abroad).

Persons must also:

• Prove they were in the United Kingdom exactly three years before the day the Home Office received their application;

• Prove their knowledge of English, Welsh or Scottish Gaelic;

• Show that they have passed the life-in-the-UK test;

• Be of good character – Persons should read the naturalisation guidance on this topic.

Persons may check if they are eligible in other ways, including through the Windrush scheme.

RESIDENCY REQUIREMENTS

With respect to residency requirements, persons should not have:

• Spent more than 270 days outside the United Kingdom during the three years before applying;

• Spent more than 90 days outside the United Kingdom in the last 12 months;

• Broken any United Kingdom immigration laws; for example, living illegally in the United Kingdom.

Please note that persons may be exempt from the residency requirements if their partner works abroad either for the United Kingdom government or an organisation closely linked to government.

COSTS

It costs £1,330 to apply and persons must also pay £19.20 to have their biometric information, fingerprints and a photograph, taken. Those persons will be told how to do this after they have applied.

With respect to children under 18 years old, a child is usually automatically a British citizen if he/she was born in the United Kingdom and when they were born, either their other parent was a British citizen or he/she had indefinite leave to remain in the United Kingdom or permanent residence status. If neither applies, persons should check online if their children are eligible to apply for citizenship in another way.

Persons should be aware that they cannot apply for citizenship as the partner of a British citizen if their partner has died. Those persons are advised to check if they are eligible another way; for example, if they have indefinite leave to remain in the United Kingdom or permanent residence status.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com