The United Kingdom is famous for high standards of living and a favourable investment environment. People move here because of efficient health system and prestigious universities. A British passport allows you to cross the borders of 192 different countries and territories without visas. All this makes British citizenship one of the most desirable in the world.
We tell you how a foreigner can become a subject of the British kingdom.
There are two ways to become a British citizen: by birthright or by naturalisation.
The rules of birthright citizenship are relatively simple. You can apply for citizenship if:
Only British children are automatically granted citizenship status. In all other cases, to obtain a UK passport by birthright, you will need to apply and provide all the necessarily evidence.
Naturalisation is the acquisition of citizenship of a country by choice. However, to become a citizen of the United Kingdom, you must fulfil a number of conditions under British law.
Let’s look at the standard route to UK citizenship.
Now let’s talk in more detail about each step of the citizenship process.
When planning a move to the United Kingdom, it is important to realise that not every immigration route leads to citizenship. If you want to stay in the country permanently, you will need a long-term visa or residence permit that will allow you to apply for indefinite leave to remain after several years of living in the country.
The grounds for granting a long-term visa vary. These include permanent employment with a British company, getting an education, marriage to a British citizen or permanent resident, reunification with family living in the UK, business or scientific research and special professional talents of the applicant.
You can apply for a visa online either abroad or within the UK. If the applicant is overseas, they will need to visit their nearest UK visa application centre at least once to submit biometric data. If your visa category has language requirements, you will also need to submit the results of an English language test.
Most visas can be extended indefinitely as long as you still meet your immigration category.
At the very first consultation Imperial & Legal specialists will help you to choose the visa category that will best meet your goals and requirements. But most importantly, the assistance of professional lawyers will help you avoid mistakes in the process of collecting documents and filling in official forms and will significantly increase the chances of a favourable outcome.
After 3-5 years of living in the UK, you become eligible to apply for indefinite leave to remain.
ILR implies a high level of English language proficiency. To prove this, the applicant will have to take a language test. Another test is called “Life in the UK”. It focuses on the history, cultural traditions and everyday life of the British. You do not have to take the tests if you are over 65 years old, a citizen of an English-speaking country or have a diploma and degree from a UK-recognised institution where English was the language of instruction.
After 12 months as a permanent resident, you are eligible to apply for citizenship. For foreign spouses of UK citizens, the procedure is easier and they can start the British citizenship procedure almost immediately after obtaining permanent residence.
The process of applying for British citizenship for a ILR holder can be divided into 4 stages.
Citizenship status presupposes English language proficiency of at least B1 level according to the European classification. The same level is required to obtain permanent residence status. Therefore, in most cases it is sufficient to confirm that the tests were passed in the process of obtaining permanent residence.
Along with the application, the future UK citizen must submit the following documents:
The application for naturalisation is made on the official government website. An Imperial & Legal lawyer can help you complete and submit the application. Qualified lawyers will help to avoid mistakes in the paperwork. Our specialists will also make an appointment for the applicant to visit UKVCAS, a biometric centre, where they will have to be fingerprinted and photographed again.
All foreigners whose applications are approved by the Home Office take an oath of allegiance to their new home country. It is when the oath is taken that a person becomes a citizen of the United Kingdom. Therefore, being approved for citizenship does not automatically mean that you become a citizen. We will book a suitable date for you to take the oath of allegiance. This will usually take place at your nearest local authority. Once you have been sworn in, you will be given a certificate of British citizenship. The next step is the application for a passport, which is based on the certificate you received. You will need to pay a passport fee, prepare photographs and have your identity confirmed by several British citizens you know.
Which visas entitle me to claim permanent resident status in the UK?
As already mentioned, not every immigration route is suitable for naturalisation in England. At the same time, there are quite a few justifications for obtaining a visa that will allow you to subsequently obtain a British passport. In our article, we will consider only the most common and interesting options.
Intended for skilled workers. The starting point for this visa category is an official invitation from a licensed employer.
The applicant will need to prove their level of education, work qualifications and English language skills. Special requirements are also imposed on the employer. It includes the licence which allows to hire a foreign professional and the salary requirements for the guest worker.
There are also separate types of work visas for medical professionals, priests and professional athletes. These have additional special requirements.
A Skilled Worker visa allows you to move to the UK with your immediate family members. After 5 years of stay in the UK, the holder of a work visa and his/her family can apply for permanent residence status and subsequently apply for a British passport.
An overseas entrepreneur can now move to the UK using the new Innovator Founder visa category, which replaces the other two entrepreneurial visas – Startup and Innovator.
Innovator Founder visa was designed for foreigners who are planning to start a company in the UK and have the means to do so. The applicant should have:
The holder of an Innovator Founder visa can bring their spouse and children with them to the UK.
The benefits of being a Founder Innovator:
If the launched business shows steady growth (determined by a number of objective indicators), after 3 years it will be possible to apply for permanent residence. After 5 years of residence in England, a foreign entrepreneur can apply for a second citizenship.
Another promising immigration category designed to attract talented individuals to the United Kingdom in areas of human endeavour such as the arts, science, engineering and computer technology.
The UK Talent visa has a number of unique advantages:
Global Talent visa allows you to bring your family with you to the UK. And 3-5 years of residence in the country gives the holder of this visa category the opportunity to obtain a indefinite leave to remain. Thus, having moved to the United Kingdom on a Talent visa, in 5-6 years you will be able to apply for citizenship and a blue passport with a lion and a unicorn on the coat of arms!
This visa category is suitable for you if your partner is a British citizen or permanent resident. The immigration service has strict requirements for applicants for family visas to the UK and the inviting party. However, if you do create a strong ‘family unit’ with a UK national, you may be able to apply for citizenship after 5-6 years.
It is also worth noting that if your partner is not a UK citizen or permanent resident but lives in the UK on one of the visas, then a spouse visa will not be suitable. In this case you will need to apply as a dependent partner under the visa category that your partner is on in the UK.
Do you know the language well enough, have the means to pay for your studies, are you enrolled in a UK institution that is willing to sponsor you? A student visa may be suitable for you. Although this category does not lead to British citizenship, your student years can be included in the 10 years of residence in the British Isles required to qualify for permanent residence.
There are 3 obsolete immigration routes leading to a permanent resident card and a UK passport. We have called them ‘archived’ because the Home Office is not currently accepting new applications for these types of visas.
Nevertheless, those who once came to England on an Investor, Innovator or Sole Representative of a foreign company visa, still have the opportunity to apply for the indefinite leave to remain and after 5-6 years of permanent residence in the British Isles to apply for citizenship.
The Investor visa was granted for investments in the assets of British companies from £2 million to £10 million. The characteristic feature of this category was an absolute minimum of requirements and restrictions on the foreign investor and his family. Depending on the size of the investment, having passed the relevant tests, the investor visa holder could obtain a permanent residence card for a period of 2 to 5 years.
The Innovator visa also involved investment. An experienced overseas entrepreneur must have invested at least £50,000 in their company. Most Innovators take at least 6 years to complete the naturalisation process.
The Sole Representative visa required the least amount of investment from the applicant, as a significant part of the costs were borne by the foreign company opening a branch in England. Representatives receive permanent residence permit after 5 years of residence in the country, and 1 more year of residence separates them from the possibility to apply for British citizenship.
You can always find out more about how to settle in England legally on the website and from our specialists. Whichever visa category you choose, Imperial & Legal’s lawyers are always ready to actively assist you with both the paperwork to enter the UK, organising your family move and supporting your activities in the UK.
Yes, it is not easy, but it is possible. There are several ways for non-English speakers to get permission to enter and live in the UK. One of them is to apply for political asylum. Whilst this method is no longer exceptional, it is nevertheless beyond the scope of this review.
There are minimal language requirements for family visas and, for example, the Talent visa. However, you will still need to demonstrate a high-level English skills to apply for permanent residence and citizenship in the UK.
Unfortunately, it’s not. Unlike in the United States, the mere fact that your child was born in the British Isles is not a sufficient reason for further naturalisation.
However, it cannot be said that the country is solely a “right of blood” country and it is mandatory that at least one of the parents of the child must be a British citizen to obtain a British passport. Children born on the territory of the United Kingdom automatically become citizens even if one of the parents has only a permanent residence permit.
Children born to parents living in the UK on a long-term visa, but without permanent residency status, have the opportunity to obtain permanent residence and then citizenship with their parents.
As noted, not all visas allow apply for permanent residency in the future. Moreover, the requirements of the UK immigration authorities are becoming stricter every year and the number of such categories grows.
Entire immigration routes, such as Global Business Mobility, allow a highly skilled individual to live in the UK for years, but do not lead to either permanent residence or citizenship.
The Global Business Mobility program is therefore suitable for you if you just want to live in England for a few years. If you intend to obtain a British passport in the future, choose the Skilled Worker visa.
Another example is student visas, which also do not lead to citizenship. However, the time spent in England based on this immigration category will count towards the 10 years of residence in the UK required for permanent residence.
It is important that your stay in the British Isles is not interrupted for a significant period after your studies have finished. In practice, this means that even before you graduate, you will need to find a good internship company to apply for a graduate or work visa to stay in England.
We will work with you to find a customised solution for your immigration, second citizenship, business, tax and other needs.
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