Who can apply for British Citizenship?

There are several routes to apply for British Citizenship so it is important to speak to an experienced solicitor if you're unsure which route to take. For each application, you have to meet different eligibility requirements.

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You might be able to apply for British Citizenship if: 

• you’re married to or in a civil partnership with a British citizen

• you have indefinite leave to remain (ILR)

• you have ‘settled status’ under the EU Settlement Scheme

• you have ‘permanent residence’ status

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For each of these circumstances, you will need to meet eligibility requirements to prove you can apply for citizenship. This might include proving that you are a person of good character, for example, you have a clean criminal record and have not broken any Immigration Laws. Additionally, you will have to pass ​both an acceptable English Language Test and Life in the UK Test. ​At MSD Solicitors, we can advise which route you will need to take and the documents needed to support your application.

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Applying for British Citizenship as a spouse

If you are married to or in a civil partnership with a British Citizen, you may be able to apply for citizenship. To be eligible for this application, you must be able to prove that you were in the UK for at least 3 years immediately prior to your application. In addition to this, you must have obtained at least one of the following: 

• indefinite leave to remain (ILR) in the UK

• ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)

• indefinite leave to enter the UK (permission to move to the UK permanently from abroad)

• a permanent residence document to prove you have permanent residence status

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Once you have met the above criteria, you will also need to prove your knowledge of English, be of good character and pass a test about life in the UK. 

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Applying for British Citizenship with Indefinite Leave to Remain (ILR) or Settled Status

Once you have obtained Indefinite Leave to Remain (ILR) or settled status under the EU settlement scheme, you may be eligible to apply for British citizenship. To apply, you must have lived in the UK for 5 years and have had one of the following for at least 12 months:

• indefinite leave to remain in the UK

• ‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)

• indefinite leave to enter the UK (permission to move to the UK permanently from abroad)

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Since 1st January 2021, some of the rules regarding settled status have changed. This means that if you had permanent residence status before you obtained settled status, you can count that time towards the 12 months. 

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To support your application for citizenship, you will also need to prove your knowledge of English, be of good character and pass a test about life in the UK. 

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Applying for British Citizenship with ‘permanent residence’ status

If you or a family member are from the EU, EEA or Switzerland, you may have already obtained permanent residence status automatically after living in the UK for 5 years. If this applies to your case, you have to prove you have lived in the UK for 12 months after getting permanent residence status. 

Recent changes to immigration laws mean that you can only apply for British citizenship with permanent residence status if:

• you already have a permanent residence document

• you do not also have settled status under the EU Settlement Scheme

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Since 1st January 2021, can no longer apply for a permanent residence document. This means that if you have received settled status, you must apply for citizenship with this status instead of permanent residence status.

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Speak to a legal expert about British Citizenship

At MSD Solicitors, we are experts in immigration matters, and we have supported thousands of satisfied clients to choose the appropriate immigration route. We understand how stressful it might be for individuals who are concerned about Brexit uncertainties. Our dedicated team are fully up to date with recent changes to immigration laws and we can guide you through a smooth application process. We will provide expert legal advice to ensure that you are fully aware of your rights and requirements, based on your unique circumstances. ​

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