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British Citizenship 3 Year route- An overview

Foreign adults longing to become a British citizen need to apply for it by way of ‘naturalization’. British citizenship allows you to apply and get a British passport. This in turn allows you to be a
part of the country permanently with all the rights available to a British citizen. There are various ways through which one can apply for British citizenship. In most cases, applicants need to hold ILR for at least 12 months after which they can apply for citizenship. To obtain ILR in most cases one needs to have lived in the UK for 5 years continuously. However, section 6(2) of the British Nationality Act allows a non-British spouse or civil partner of a British citizen to apply for British citizenship after 3 years only, it should be kept in mind you still need to hold ILR before you apply for British citizenship.
Your spouse’s or civil partner’s nationality can be proved by showing their current passport or naturalization/registration certificate showing that they are a British citizen. You also must produce a marriage certificate or civil partnership registration certificate to prove your relationship.

British Citizenship after 3 years

In most cases, one can apply for naturalization after acquiring ILR and holding it for at least 12 months at the date of application. However, for a spouse or civil partner of a British Citizen, it is possible to apply immediately after obtaining ILR. Once your application to naturalize is successful you must attend a citizenship ceremony within 90 days where you take an oath or affirm to respect the rights, freedom, and laws of the UK.

Eligibility for British Citizenship on a 3-year route

The legal requirements you are required to meet under section 6(2) of the British Nationality Act are:

  • You must be aged 18 or over at the time of application.
  • You are married to or in a civil partnership with a British Citizen.
  • You have lived in the UK for at least 3 years before you apply.
  • You must have been physically present in the UK exactly on the day 3 years before your application was received by the Home Office. You may get an exemption from this if there are exceptional circumstances.
  • You must be free from immigration time restrictions on the date of application. Being free from immigration time restrictions means

          1. You hold a status such as indefinite leave to remain (ILR), or
          2. Settled status under the EU Settlement Scheme (EUSS), or
          3. If you have the right of abode in the UK or
          4. You are an Irish citizen.

  • You did not breach the UK’s immigration law in any way during your stay of 3 years in the UK.
  • You must pass the Life in the UK test and English language test unless you are over the age of 65 or have a medical condition that prevents you from doing so. Also if you come from an English speaking country you don’t need to appear for an English language test.
  • You are of a sound mind.
  • You are of a good character.

You cannot apply for British Citizenship if your spouse/partner has died before you apply.

3 years residency rule

All applicants of British Citizenship through a UK Spouse Visa must have lived in the UK for at least 3 years continuously before they apply. You may be exempt from this requirement if your British spouse or partner works overseas directly for the UK government or for an organization that is closely associated with the UK government.
You are allowed to be absent from the UK during this period. But you must not have been outside the UK for more than 270 days in the qualifying 3-year period before making the application and You must not have been outside the UK for more than 90 days in the last 12-month period before making the application.
Any time spent in the UK in any of the following roles cannot be included in making up a 3-year continuous residence:

  • Diplomat
  • Member of a diplomat’s staff or household
  • Member of visiting armed forces

Documents Required

As part of your application, you need to submit certain documents mostly to show that you meet all the eligibility criteria mentioned above. So, the list of documents includes but is not limited to the following:

  • A marriage certificate or civil partnership registration certificate
  • A valid identity document such as your passport
  • Document to prove that you have passed Life in the UK test
  • English language test approved for SELT certificate if you require passing one
  • Proof of residence in the UK for the qualifying period
  • Proof of your absence from the UK for not more than the allowed period
  • Evidence that you have ILR or settled status under the EU Settlement Scheme
  • Current passport or naturalization/registration certificate of your spouse to prove that he/she is a British Citizen

You may have to submit additional documents depending on your requirements.

Referees

One of the key requirements for an application to naturalize is that you provide 2 referees who must endorse your application. Both referees must have known you for at least 3 years. They cannot be related to you, related to each other, one representing you with the application, or employed by the Home Office.  
One referee can be of any nationality and need not be a British National. He/she must be a professional person such as a minister of religion, civil servant, accountant, solicitor (but he/she must not represent your application), director of VAT-registered firm etc.
The second referee must be a British Citizen and either a professional person or at least be aged 25 years or above.

How to apply?

You can apply yourself or through a registered agent or representative.
You need to fill out Form AN online to apply to naturalize.
While applying you need to book an appointment at a UK Visa Application Service Center where you can submit your biometric details (your fingertips and photograph). Usually, you need to submit biometric details within 45 days of making the application.
If you enrolled your biometric details on your previous application for ILR and received a biometric residence permit, you must include this with your application. You will not be issued with a new permit, but your current biometric permit will be returned to you.

Application Fee

The total fee payable for an application to naturalize is £1,630. If you fail to pay the full fee or submit biometric data your application will be rejected as invalid. The application will not be considered and the fee will be refunded less an administration fee of £25.

When to expect a decision?

You should usually get a decision within 6 months after your application to naturalize is received by the Home Office. During this period the Home Office may ask you to provide more information if required.  

Citizenship Ceremony

If your application for British Citizenship is successful you will be invited by the Home Office to attend a citizenship ceremony.

You should ideally arrange to attend a ceremony within 3 months of receiving your invitation from the Home Office after which the invitation will expire. In this situation, you will have to apply again for registration and pay for it once again.  
If you are outside the UK and you cannot come to the UK to attend the citizenship ceremony, you can request for an arrangement for you to take the oath or affirmation and pledge at the British Embassy, High Commission, Consulate, Governor’s Office or Lieutenant Governor’s Office in your country.

How can we help?

Getting British Citizenship is a dream of thousands of people. We understand it fully. However, applying for British Citizenship is a complex process and may lead to rejection if not done properly. This is where our expert immigration advisors help you go through the process seamlessly. This enhances your chance of acquiring British Citizenship. You can contact us for expert guidance and support for British Citizenship 3-year route by marriage.

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Visa and Migration is a private OISC regulated company (F201500999) and is not an official Government body. If you would like to prepare and submit your UK immigration application yourself you can do so by visiting the UKVI website.