UK Citizenship: A Guide to How to Get a British Passport

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.

How do I become a British passport holder?

There are two ways to become a British citizen: by birthright or by naturalisation.

Citizenship by birthright

The rules of birthright citizenship are relatively simple. You can apply for citizenship if:

• at least one of your parents is a British citizen;
• one of your parents has permanent resident status or lives in the country on a visa with the right to apply for permanent residence;
• you were born in the UK before 1 January 1983.

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

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.

1. Obtain an immigration visa The first step is to enter the country on a long-term visa, which will then allow you to apply for permanent resident status. Not all visa categories are eligible for this. A person wishing to become a British citizen initially needs a visa that will enable him or her to apply for permanent residence in the future. We will give more information about visa categories below.
2. Obtain permanent resident status – Indefinite leave to remainIn order to qualify for permanent resident status, you must have resided permanently in the UK for 3 to 5 years on a long-term visa.
3. Apply for UK citizenship It is possible to apply after 12 months of living in the country as a permanent resident. The exception is the spousal visa, which allows you to apply for the citizenship immediately after obtaining permanent residence.
4. Confirm the absence of administrative, immigration and criminal offences
5. Pass an English language test of at least B1 level and successfully complete a test on life in the UK

Now let’s talk in more detail about each step of the citizenship process.

Obtaining a long-term visa to the UK

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.

Obtaining permanent resident status (ILR)

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.

Becoming a British citizen

The process of applying for British citizenship for a ILR holder can be divided into 4 stages.

1. Passing the tests

   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.

2. Preparation of accompanying documents

   Along with the application, the future UK citizen must submit the following documents:

   • passport ;
   • evidence of sufficient residence in the UK to obtain citizenship;
   • certificates of success in language and daily life tests in the United Kingdom;
   • a valid ILR card;
   • recommendation letters from two citizens of the UK;
   • confirmation of the fee payment;
   • proof of permanent residence address in the country;
   • documents proving that the applicant has sufficient funds for living expenses;
   • marriage certificate if the British spouse is applying;
   • birth certificate, if citizenship is to be issued to a child.
     Imperial & Legal can help you prepare, and if necessary, translate and certify all the documents required for British citizenship.
     

3. Applying for citizenship

   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.

4. Swearing-in ceremony

   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.

How do I choose a visa to move to the UK?

Which visas entitle me to claim permanent resident status in the UK?

Long-term visas to 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.

Skilled Worker Visa

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.

Business Visa

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:

• a business idea approved by an authorised UK organisation as a promising one;
• sufficient money to make this idea a success;
• high level of English – at least B2 level according to the European classification.

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:

• opportunity to launch several approved business projects (companies) at once;
• the possibility of combining in one person the functions of owner and director of the company;
• opportunity for parallel employment if it will be “skilled labour” – that is, his position will be on the list of in-demand occupations in the British kingdom.

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.

Global Talent Visa

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:

1. Absolute minimum visa requirements. If you have proven yourself internationally as a talented or promising specialist, you will not have to pass language tests or prove to immigration authorities that you have the necessary education or professional qualifications.
2. Complete freedom of action. Upon arrival in Britain, the holder of a Talent visa is not obliged to take a job in a British firm or start his own business. He is free to do whatever he wants, but only within the professional field in which his merits or prospects have given grounds for claiming the prestigious immigration status.
3. No supervision by the UK organisation that recommended you. Your professionalism and achievements will be assessed by one of the commercial or public bodies authorised by the English authorities. Unlike work visas, where the overseas employee is dependent on his/her English employer, and business visas, where the Founder Innovator is required to report periodically to the recommender, Talent has no further interaction with the organisation that approved his/her candidature.

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!

Family visas: spouse, unmarried partner, fiancé or fiancée

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.

Student visa

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.

Archived visa categories leading to indefinite leave to remain and citizenship

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.