British Citizenship by Marriage

Anyone over the age of 18 who makes a successful application for British nationality will be invited to attend a British citizenship ceremony. Once you receive your invitation from the Home Office, you will have to book your ceremony within three months. It is compulsory to attend a ceremony if you have been granted British citizenship.

Your citizenship ceremony will be organised by your local authority. The ceremonies are group events by default; however, it is possible to apply for an individual ceremony.

You will be permitted to bring two guests to your ceremony. Once your invitation has been received, you will need to liaise with your local authority. It is important to bring your invitation with you as you may asked to prove your identity.

The group ceremony costs £130. You will need to contact your local authority about the price of an individual ceremony; however, it will be notably more expensive than the group version. The ceremony itself will require you to make an oath of allegiance and a pledge. You will then receive a certificate.

When applying for UK citizenship by marriage, you will be required to provide essential documentation to support your application. All applicants must include the below required documents in their application:

• A valid, up-to-date passport
• A completed Form AN (the official British naturalisation application form)
• Indefinite Leave to Remain (ILR) or settled status document.
• Evidence that you have settled status in the UK (e.g., biometric residence permit or permanent residence card).
• Marriage certificate or civil partnership certificate
• Proof of living together with your spouse or civil partner (e.g. joint bank statements, utility bills, rental agreements, or other documents showing both names at the same address).
• Proof of English language proficiency (certificates from approved tests or proof of a degree taught in English).
• Life in the UK Test pass certificate.
• Proof that you have had residence in the UK for the required period for your application (this can include rental agreements from the previous three years and your previous residence permits or visas)
• Any other relevant personal identification documents
• All travel documents from the five-year period to show continuous residence
• Details of absences from the UK during your qualifying period.

All documents must be accurate and complete to ensure the smooth processing of your citizenship application.

In order to be eligible for British citizenship by marriage, it is crucial that you have resided in the UK for a minimum of three years prior to the date of your application. However, it is even more important that you possess Indefinite Leave to Remain (ILR), and are deemed a settled person as a result.

ILR is the penultimate step towards British citizenship. In order to apply for naturalisation, an individual must have been classed as a settled person for 12 months.

In order to apply for British nationality, you must hold one of the following:

• Indefinite Leave to Remain (ILR)
• EU Settled Status
• EEA Permanent Residence

It is important to bear in mind that you will be asked to provide proof of your status as part of your application for British citizenship.

The British citizenship application process places emphasis on an individual contributing positively to the UK. The ‘Good Character’ requirement plays an important role in determining this; it pertains to whether an individual has respected and obeyed UK law since first arriving in the country.

An application will be refused in the applicant has a recent and severe custodial sentence in excess of four years. The same rules apply to immigration-related offences, something looked upon with huge importance when deciding whether or not to approve an application. An applicant guilty of entering the country illegally or any other offence in the ten years proceeding their application will be refused.

If you have been imprisoned for between 12 months and four years, it will have an effect on your citizenship application unless more than 15 years have passed since your sentence ended.

All individuals that apply for British citizenship must satisfy the ‘Sound Mind’ requirement in order to be successful. To be considered of sound mind, you must be able to understand what becoming a British citizenship entails and how it differs from your current status.

There are some circumstances in which the Home Office will consider an applicant to be exempt from the Sound Mind requirement. An example would be if it was in an individual’s best interest to be granted naturalisation.

In situations where an application is being completed on behalf of someone who is not of sound mind, you will need to enclose a letter explaining that you are the legal representative of that person. You must also provide documentation that explains their mental condition.

If you are the widow of a British citizen who has passed away and you have not submitted an application for citizenship before their death, you cannot apply for citizenship through marriage, as this route requires the spouse to be alive at the time of application.

The emotional and practical challenges of losing a partner are significant, and it is important to understand that though citizenship by marriage may no longer be a pathway to UK citizenship for you, there may still be other avenues that you can pursue to ensure your long-term residency or citizenship in Britain. We advise that you seek legal advice from immigration specialists who can support you through this difficult time.

If you have settled or pre-settled status in the UK, you could qualify for citizenship through alternative routes. Settled status allows you to live in the UK indefinitely, which means that even if you have not gained citizenship through marriage, you are still safe and able to live in the UK without restriction. If you have pre-settled status, you may also be eligible for ILR or citizenship. Your eligibility as an individual, rather than through your spouse, depends on how long you have lived in the UK and your immigration history.

After you apply for British citizenship by marriage, you should receive acknowledgement by the Home Office that they have received your application and you will receive a reference number to track its progress.

In general, most applicants receive a decision on their application within 6 months of submitting the application, though some applications may take longer, particularly if you have a more complex case or documents were missing from your application. Delays may also occur if there are larger volumes of applications submitted during a busier period.

In some cases, the Home Office may request an interview with you, which could impact the length of time it takes to process your application. If you receive requests from the Home Office during the application processing time, it’s essential that you respond promptly to avoid delays.

Once your application has been reviewed, you will receive a decision. If you are approved for citizenship, you will be invited to attend a citizenship ceremony, where you will take an oath of allegiance and a pledge of loyalty to the UK. This ceremony is a formal acknowledgment of your new status as a British citizen.

Once you are officially a British citizen, you will have the same right as all other British nationals and will be able to apply for your first British passport.

If your application is refused, you will receive a letter explaining the reasons for the decision and information on your right to appeal or reapply. Please note that it is unlikely you can appeal your case when applying for citizenship by marriage.

It’s advisable to seek legal advice if your application is refused so that you can understand the full scope of options available to you.

If your application for citizenship by marriage is refused, you will receive a letter from the Home Office explaining the reasons behind the decision to refuse your application and any information on your right to appeal or reapply. In most cases, you cannot appeal a refused application for British citizenship by marriage.

There are several reasons why your application for UK citizenship through marriage or civil partnership has been refused. Examples of valid reasons include:

• You have not resided in the UK for the required number of years and days listed for your case
• The legitimacy of your marriage or civil partnership is in question – e.g. there are strong suspicions that the relationship exists solely for the purposes of being able to obtain citizenship
• The documents and supporting evidence submitted are invalid, inaccurate or incomplete
• You have not passed the Life in the UK test or cannot prove strong enough English language skills
• You are suspected of criminal activity or are considered a potential risk to British public life.

If your application has been refused, we strongly encourage you to seek legal advice to plan your next steps. If you and your legal counsel believe the Home Office made a legitimate error in their decision, you may be able to request an administrative review.

In rare cases, you might have good grounds to pursue a judicial review to challenge the legal grounds behind the decision to refuse your citizenship.

The rules of residency for British citizenship via marriage differ somewhat from other naturalisation routes. You are able to submit an application for citizenship as the spouse of a British person after three years of continuous, lawful residence in the UK. You must have held ILR or permanent resident status for the last 12 months of this time period.

You must also satisfy the rules of residence. To this end, you must not have:

• Been outside of the UK for more than 90 days in the 12 months prior to submitting your application
• Been outside the UK for more than 270 days during the three-year qualifying period
• Contravened any UK immigration laws during your period of residency in the UK

Being married to a British citizen does not give you the ability to apply for a British passport. However, if your application for citizenship is granted, you can commence a passport application immediately. For those that hold a British child passport, it can be used until it expires.

A passport proves your status as a UK citizen. It is valid for ten years, and can be used as a form of identification when travelling abroad.

If you are successful in your applications for both citizenship and a passport, you will be able to leave and re-enter the country as many times as you need, without the need to apply for a visa.

The online application for British passport costs £94.50, whereas the paper form costs £107.