uk nationality and citizenship
UK Nationality & British Citizenship Application
Applications for naturalisation / registration
If you are at the stage of your immigration journey where you are eligible to apply for naturalisation/registration as a British citizen, SMA is here to help you get over the final hurdle.
Whilst becoming a British national is something to be celebrated, it is a heavily guarded status and there are many pitfalls to avoid. Chief amongst those pitfalls is the “good character” requirement which allows the Home Office to refuse your application if there is something in your past which means you are not considered to be of “good character”.
The good character requirement is extremely wide-reaching and covers various matters spanning from the fact you overstayed your visa, have had financial troubles, to having committed a serious crime. Not declaring things which could be considered to go against your character can also have disastrous consequences. SMA Solicitors will guide you through the entire application process and present your case in a way that best explains any potential areas of concerns.
Deprivation / revocation
Whilst obtain citizenship as a British national is the end of the immigration journey for most foreign nationals, the Home Office has the power to revoke / deprive you of your nationality if, for example, it is alleged that you obtained nationality by fraud, by using a false identity, or when the Secretary of State believes that it is in the public good to deprive you of your citizenship because, as an example, it is alleged that you have been involved in a particularly serious crime.
Deprivation and revocation of citizenship are extremely serious events with complex legal principles behind them and SMA Solicitors is on hand to help you in the event you face deprivation / revocation.
It is crucial that you engage with the Secretary of State from the outset if you are being threatened with revocation / deprivation of citizenship as the more information and evidence that you can provide, the greater the chances that you will be able to keep hold of your nationality.
The consequences of citizenship being revoked as particularly serious and could ultimately lead to you being required to leave the United Kingdom and, as such, should not be taken lightly.
windrush
The Windrush saga has been one of the Home Office’s most unfortunate and embarrassing mistakes in living memory. Thousands of Commonwealth people have been affected by a situation where the Home Office has created uncertainty for individuals and families who have been happily and peacefully living in this country for several decades.
It has taken some time but the Government has admitted that members of the Windrush Generation have the legal right to stay in the United Kingdom as British and has put in place guidance to add some clarity. As is often the case, the guidance is far from easy to read and understand and we at SMA are here to make this process simpler and as stress-free as we possibly can.
If you, or someone you know, has been affected by the Windrush Scandal, please get in touch with our expert team who will be able to advise you on your eligibility for loss of earnings, stress, inconvenience and, most importantly, dealing with your ongoing immigration situation.
Frequently Asked Questions
The UK recognises six types of British nationality:
- British citizens have full rights to live, work and vote in the UK.
- British Overseas Territories Citizen (BOTC) – Linked to UK territories.
- British Overseas Citizen (BOC) – For individuals from former British colonies.
- British subject – Limited status for those connected to the UK before 1949.
- British National (Overseas) (BNO) – Status for some Hong Kong residents before 1997.
- British protected person (BPP) – A rare status with restricted rights.
Eligibility depends on factors such as birth, residency or descent. The most common routes include:
- Naturalisation – For adults who have lived in the UK long enough.
- Registration – For children and some Commonwealth citizens.
Applicants must have lived in the UK for at least 5 years (or 3 years if married to a British citizen) and must:
- Hold indefinite leave to remain (ILR) or settled status.
- Have spent no more than 450 days outside the UK in 5 years (or 270 days in 3 years if married).
- Have been present in the UK for the last 12 months.
A criminal record does not automatically disqualify you but serious offences or immigration breaches can affect your application. The Home Office assesses good character, considering past convictions and compliance with UK laws.
Yes, the UK allows dual citizenship, meaning you can keep your original nationality while becoming a British citizen. However, some countries do not permit this.
Children born abroad may qualify if at least one parent was a British citizen at birth. Some may also apply for registration if they later move to the UK.
A standard application usually requires:
- Proof of residency (e.g., visa records, passport stamps).
- Confirmation of ILR or settled status.
- Life in the UK test certificate.
- English language test results, if applicable.
- Birth or marriage certificates, where relevant.
If your application is refused, you will receive a letter explaining the reasons. Some decisions can be reviewed or appealed if there was an error or if additional evidence is available.
Yes, SMA Law helps with appeals and resubmissions, advising on how to strengthen your case.
- Naturalisation – The process for adults who meet residency and character requirements.
- Registration – Available for children and some adults with specific entitlements, such as those born to British parents overseas.
Refugees may apply for naturalisation after 5 years of refugee status and one year with indefinite leave to remain, meeting the same criteria as other applicants.
The UK allows dual nationality but some countries require you to renounce your original nationality. It is advisable to check with the authorities of your home country.
Some Commonwealth citizens can register for British citizenship if they meet conditions such as right of abode or long-term UK residency.
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