It’s possible to apply for British citizenship
following marriage to a British citizen provided that you can satisfy all the requirements.
The requirements are that you must be over 18, be of sound mind, have good character,
that means that there are no serious criminal convictions against you, you must show that
you have been in the UK for the last three years legally, and that you’ve been in the
UK, physically present in the UK, at the start of the three years from the date of your application.
You must also not be outside the UK for the last 270 days, and not more than 90 days in
the last year, in the last 12 months and you must also have passed the life in the UK test
and the English language requirement. In order to prepare for the English language
test you can utilise our practice papers available on the immigration advice service website.
The main difference is how long you’ve held indefinite leave to remain. If you’re applying
as a British citizen spouse then you only need to show that you’ve held indefinite leave
to remain on the date of application or that you hold indefinite leave to remain. And if
you’re applying as a non-British citizen spouse then you need to show you’ve held indefinite
leave to remain for at least 12 months. The residency requirements if you’re applying
as a British citizen spouse is that you must lawfully present in the UK for at least three
years before the date of your application, be physically present in the UK at the start
of the three year period before the date of application, not spent more than 270 days
outside the UK in those three years and not spent more than 90 days in the last 12 months.
If you’re applying as a non-British citizen spouse then the residency requirements is
five years. You must be lawfully present in the UK for the last five years and at the
beginning of the five year period, from the date on your application, and have not spent
more than 450 days outside the UK in those five years and not more than 90 days in the
last 12 months. There is no legal right of appeal against
citizenship refusal. However, you can apply for reconsideration by completing form NR.
We can assist with your British citizenship application by providing you with detailed
advice, advising you on the documentation that’s required and assessing those documentation
to ensure that they are sufficient. We would assess whether you satisfy the residency requirements,
and advise you on any additional documents that are needed. We would also draft legal
representations to submit with your application ensuring that it’s a strong application and
liaise with the Home Office until a decision is made on your application.