Chapter 45 (pp. 1447 - 1490)
Chapter 45: Applying to be a British Citizen
Page 1448
The application
On 2 April 2007, the fees for making nationality applications changed. A complete list of present fees can be found at http://www.ind.homeoffice.gov.uk/britishcitizenship/applying/cost/
The fees are set under the Immigration and Nationality (Fees) Order 2007 (in force 15 March 2007) and are to be found in: (a) the Immigration and Nationality (Fees) Regulations 2007 (in force 2 April 2007); and (b) the Immigration and Nationality (Cost Recovery Fees) Regulations 2007 (in force 2 April 2007).
Fees must be paid in full at the time the application is made. Payment can be made by cheque, postal order, credit/debit card, or by using transcash. A transcash form can be obtained from the Post Office. The credit account number to be used is presently 4601793. A payment slip should be sent with payment. It can be downloaded from http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/paymentslip.pdf
From 4 December 2006 the 'good character' requirement has been extended to all applicants aged 10 or over except applicants who are stateless and those who are solely British Overseas citizens, British Protected Persons or British Subjects applying under section 4B BNA 1981 (section 58, Immigration, Asylum and Nationality Act 2006).
The Home Office have stated that character checks will include, but are not restricted to, enquiries of the police, Security Service and HM Revenue and Customs. It also advises that any outstanding police action must be notified to the Home Office while an application for naturalisation is under consideration.
There is now a requirement that each applicant makes a separate application. Therefore, each applicant in a family must complete a separate application form.
Applications for naturalisation that are not supported by fees or all the appropriate documentary evidence (eg passports) will be returned unprocessed. Applicants will be asked to re-submit the application with sufficient documents to enable it to be considered.
The Home Office has advised that the process of checking identity is being strengthened to reduce fraudulent applications. This is to be done in part by the use of passport style photographs and endorsement by referees on application forms. Checks will also be carried out to ensure that referees are qualified to act.
The Home Office has also advised that clear warnings on the consequences of fraud and unacceptable behaviour towards knowledge of life in the UK test centre personnel are to be given to applicants.
Pages 1448-1449
The forms
All the forms can be downloaded from http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/
From 16 July 2007, the Border and Immigration Agency Liverpool Contact Centre no longer issues application forms directly. Application forms and guidance relating to the Right of Abode or British Citizenship can be obtained by calling the Nationality Call Centre on 0845 010 5200 and selecting 'Option 1'. The Call Centre lines are open from 9.00am till 9.00pm Monday to Friday.
There are new forms for naturalisation and for the registration. Where no further information is given about a form below, the version of the form in use at the time of the publication of the JCWI Handbook is still in use.
Form AN (TD), application for naturalisation as a British citizen under section 6 BNA 1981. This is a new form in use since December 2006. There is also a guide to completing this form, Guide AN(AFD), that can be downloaded from the web address given above.
Form B (OS), application for registration as a British citizen by British Overseas citizens, British Subjects and British Protected Persons under section 4B BNA 1981. This is a new form in use since July 2007.
Form MN1, application for the registration of a minor as a British citizen under sections 1(3), 3(1), 3(2), 3(5) BNA 1981.This is a new form in use from December 2006.
Form WW, application for registration as a British citizen under the Hong Kong (War Wives and Widows) Act 1996. This has not been up-dated. However it does not appear to be available to download from the Home Office website.
Page 1450
In the UK Applications may also be made at local authority offices using the Nationality Checking Service. This is a partnership between the Border and Immigration Agency and local authorities in England and Wales. For a fee, participating authorities check that applications are completed correctly and have been submitted with all the necessary supporting documents and the correct fee. Those using the service will be able to keep their passports rather than sending them to the Home Office. Further information can be found at http://www.ind.homeoffice.gov.uk/britishcitizenship/applying/checkingservice/
Page 1450
Abroad In an eGram of 20 July 2006, the Consular Service reminded posts abroad of good practice in relation to accepting applications they believe will fail. A Consular Section cannot refuse to accept an application even though they know it will fail. Relevant advice as to why it will fail may be given to an applicant. Consular Sections were reminded that official forms are not required provided the essential information is provided. The eGram also reminded posts of the need for good practice in relation to unsigned application forms or those signed over a year before submission.
Pages 1451-1452
The new oath and pledge and citizenship ceremonies
The full wording of the affirmation in English is:
"I [name] do solemnly, sincerely and truly declare and affirm that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law."
The Citizenship Oath and Pledge (Welsh Language) Order 2007 (in force from 1 June 2007), provides a form of words in Welsh that may be used as an alternative to the English form of oath and pledge. The Welsh version may be used where the oath or affirmation and pledge are made in Wales for the purposes of naturalisation or registration as a British citizen.
The form of words for the oath and pledge in Welsh is:
"Llw teyrngarwch
Yr wyf i, [enw], yn tyngu i Dduw Hollalluog y byddaf i, ar ôl dod yn ddinesydd Prydeinig, yn ffyddlon ac yn wir deyrngar i'w Mawrhydi y Frenhines Elisabeth yr Ail, ei Hetifeddion a'i Holynwyr,
yn unol âr gyfraith.
"Adduned
Rhoddaf fy nheyrngarwch i'r Deyrnas Unedig ac fe barchaf ei hawliau a'i rhyddidau. Arddelaf ei gwerthoedd democrataidd. Glynaf yn ffyddlon wrth ei chyfreithiau a chyflawnaf fy nyletswyddau a'm rhwymedigaethau fel dinesydd Prydeinig."
Where a citizen affirmation is made instead of an oath, the form of words in Welsh is:
"Cadarnhau teyrngarwch
Yr wyf i, [enw], yn datgan ac yn cadarnhau yn ddifrifol, yn ddiffuant ac yn gywir y byddaf i, ar ôl dod yn ddinesydd Prydeinig, yn ffyddlon ac yn wir deyrngar i'w Mawrhydi y Frenhines Elisabeth
yr Ail, ei Hetifeddion a'i Holynwyr, yn Unol âr gyfraith"
Page 1452-1453
Time-limit and invitation
Further, useful and up-to-date information on citizenship ceremonies may now be found at
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/ceremony/
Page 1453
NATURALISATION
An application for naturalisation is now made on Form AN(TD) and must be supported by two referees who are British citizens. Before a certificate of naturalisation is granted, the applicant must take an oath and pledge and participate in a citizenship ceremony.
As of 5 February 2007, applications for naturalisaiton which are not supported by fees or documentary evidence (eg passports) will be retuned unprocessed. Applicants will be asked to re-submit the application with sufficient documents to enable it to be considered (see Home Office letter to ILPA, 22 December 2006).
Page 1454
Minors applying at the same time Although minor children cannot be naturalised, they may apply for registration in an accompanying application form (MN1) when an adult seeks naturalisation using Form AN (TD). A child cannot be included on Form AN(TD). This is a change from the former practice when the form AN(NEW) was used for applications for naturalisation.
Pages 1455-1456
Full age and capacity
Section 44A BNA 1981 as inserted by section 49 Immigration, Asylum and Nationality Act 2006
From 31 August 2006, where there is a requirement to be of 'full capacity', the Secretary of State may waive the requirement for a specific applicant if s/he thinks it is in the applicant's best interests..
Page 1458-1459
Excess absences in the five (or three) year qualifying period
On 23 November 2006, the Home Office announced that Commonwealth soldiers serving in the British Armed Forces abroad will no longer be required to comply with the five (three) year qualification period for obtainting naturalisation. Time spent anywhere in the world will count towards the residency requirement(see Home Office press release 'New citizenship rights for members of the Commonwealth serving in the British Armed Forces', 23 November 2006).).
Note that Nepal is not a member of the Commonwealth. Gurkhas are not Commonwealth Citizens. The position as it applies to serving members of the Brigade of Gurkhas is set out in the NIs at Annex B(i), Chapter 18.
For former armed services personal (including Gurkhas) and those serving other than in the Brigade of Gurkhas, 'technical absences' are not be counted as days of absence. In addition, for former armed services personnel, actual absences due to service in the armed forces should also be disregarded(see Annex B(i), Chapter 18, NIs).
For naturalisation purposes, there are transitional arrangements for disregarding periods of breach of the immigration laws and/or illegal residence for ex-Gurkhas who were in the UK between discharge from the armed forces and the grant of indefinite leave, when the has already been disregarded in granting that indefinite leave. That practice of disregarding breached when granting indefinite leave applied for the two years between 25 October 2004 and 25 October 2006.
Page 1459-1460
'Not subject under the immigration laws to any restriction on period of stay'
The fifth bullet point should now read as follows.
Persons who are free of any time restriction on period of stay include:
- EEA and Swiss nationals or their family members (who are considered to have no restriction on their right to remain in consequence of regulation 8 of the EEA 2000 Regulations as replaced by para 2,Sch 2 Immigration (European Economic Area) Regulations 2006.
Para 2, Sch 2, Immigration (European Economic Area) Regulations 2006 (in force 30 April 2006), replaces Reg 8 Immigration (European Economic Area) Regulations 2000). This amends the definition of which EEA nationals are not subject to restrictions of their period of stay for the purposes of the BNA 1981. For the purposes of the 1971 Act and the BNA 1981, a person with the permanent right of residence under the EEA 2006 Regulations is now regarded as a person in the UK without being subject under immigration laws to any restriction of the period for which he may remain. However a 'qualified person' under the Regulations, the family member of a qualified person and a family member who has a retained right of residence under the EEA 2006 Regulations is not so regarded.
Page 1461
Breaches of the immigration laws during the five (or three) year residence period
The EEA 2000 Regulations were replaced on 30 April 2006 by the EEA 2006 Regulations. Section 11 2002 Act has not been amended to reflect this and this is not satisfactory. Nonetheless it remains the case that persons exercising rights to reside in the UK under the EEA 2006 Regulations are not in the UK in breach of the immigration laws.
Page 1462
Applications to extend leave
Amendments made by section 11 2006 Act (in force 31 August 2006), to s3C 1971 Act are not as extensive as originally planned by the Government. Leave continues during the period while an in-time application for an extension of leave is being considered by the Secretary of State. The effects of the changes have been: (a) to clarify that, insofar as extended leave during the period of appeals is concerned, extended leave during the period of an appeal will only come into effect where the appeal is an in-country one; (b) to confirm (with slight modification) that leave will be continued while an in-country appeal is pending against a decision to revoke or curtail leave is pending. :
So the position is that where (s3C 1971 Act as amended by s11 2006 Act):
- a person who has limited leave to enter or remain in the UK applies to the Secretary of State for variation of the leave,
- the application for variation is made before the leave expires, and
- the leave expires without the application for variation having been decided.
- the leave is extended during any period when the application for variation is neither decided nor withdrawn, or an appeal under section 82(1) 2002 Act could be brought, while the appellant is in the UK against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or an appeal under that section against that decision, brought while the appellant is in the UK, is pending (within the meaning of section 104 2002 Act).
In addition (s3D 1971 Act as added by section 11 2006 Act):
- if a person's leave to enter or remain in the UK is varied with the result that he has no leave to enter or remain in the UK, or is revoked,
- the person's leave is extended during any period when an appeal under section 82(1) 2002 Act could be brought, while the person is in the UK, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or an appeal under that section against the variation or revocation, brought while the appellant is in the UK, is pending (within the meaning of section 104 2002 Act).
Page 1464
Financial soundness
An application from an undischarged bankrupt is unlikely to succeed unless there are compelling reasons for disregarding the bankruptcy. Information may still be sought from the Insolvency Service where a bankruptcy has been discharged but this is less likely where the bankruptcy was discharged many years ago or where it was automatically discharged after two years. There is no fixed 'rehabilitation' period (Home Office letter to Bindmans Solicitors, 17 November 2005).
Page 1465
Language and knowledge of life in the UK
Persons applying for indefinite leave on or after 2 April 2007, must satisfy the requirement of sufficient knowledge of life and language in the UK in order to be granted that status. Such persons will therefore have already satisfied this requirement if and when they go on to apply for naturalisation.
Page 1468
'Life in the UK' test: On 27 February 2006 the Home Office issued a statement noting that that there had been irregularities in the administration of the tests undertaken by Citywide Learning based in Sheffield. Where there were doubts as to whether a test had been correctly administered, then an application supported by that centre's certificate would be likely to fail. Where possible, affected applications were halted to allow the test to be re-taken free of charge at a designated test centre. It was said that two months were to be allowed for re-testing. The Home Office stated it was writing to all affected applicants identified as relying on certificates from Citywide Learning to request that a retake be undertaken.
A revised version of the 'Life in the United Kingdom: A Journey to Citizenship' handbook is now in use. It costs £9.99. Both editions of the handbook were used in tandem until 30 June 2007. People taking the test up to and including 30 June 2007 had to inform the test centre which book they had studied from before they took the test.
From 1 July 2007, all 'Life in the UK' tests are based on the second edition of the handbook. Tests based on the second edition contain questions from chapters 2 'A changing society', 3 'UK today: A profile', 4 'How the United Kingdom is governed', 5 'Everyday needs' and 6 'Employment'.
Page 1468
ESOL with citizenship course
In a Home Office letter of September 2006, it was stated that there was that there was a strain on resources in providing classes and that free provision should be reserved for the most deserving individuals. Despite recognising that there are difficulties affecting women in some communities, the Home Office did not feel that a gender impact assessment was required at this stage.
Page 1469
Referees
The form for naturalisation is now Form AN(TD).
Page 1470-1471
Crown service, employment in a relevant international organisation, or relevant private employment
Employment by the UN counts as a form of service (Home Office Letter to Bindmans Solicitors, 18 December 2006).
Page 1473
REGISTRATION OF CHILDREN
Form MN1 states where the consent of parents or guardians is required and where it is expected. The NIs indicate where consent is not required. The issue of parental consent is considered on a case-by-case basis in the JCWI Handbook.
Where a child is born 'illegitimate' before 1 July 2006 a reference to parent or parents is generally only a reference to the mother alone.
Page 1474
Registration of children born in the UK on grounds of their parent's status
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Form MN1 must always be used for the application. A child can no longer be included on a parent's application form for naturalisation.
Page 1474
Registration of persons born in the UK on grounds of ten-years' residence
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Form T must always be used for the application. A child can no longer be included on a parent's application form for naturalisation.
Page 1474-1475
Registration of children born outside the UK to British citizens by descent
Form MN1 must always be used for the application.
Page 1476
Registration of children born outside the UK to British citizens by descent on grounds of three-years' residence
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Form MN1 must always be used for the application.
Pages 1476-1477
Registration of any child by discretion
For those born before 1 July 2006 the term 'father' did not include the father of an 'illegitimate' child. Children born abroad before 1 July 2006, who were adopted by male British citizens by descent, or who were born abroad before 1 July 2006 as 'illegitimate' children of male British citizens by descent, are British citizens otherwise than by descent if they are registered under section 3(1) BNA 1981. However children born abroad on or after 1 July 2006 in the same circumstances would appear to be automatically British citizens by descent.
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Form MN1 must always be used for the application.
R (Ali) - v- SSHD
In this case, the applicants (children) applied to the High Court for a judicial review of the refusal by the Secretary of State to register them under section 3(1) BNA 1981. The applicants had been promised a review of the decision. The circumstances had changed favourably for the applicants between the date of the decision and the date of the review decision so that the father as well as the mother was now settled in the UK. The Court held that the facts at the date of the review should have been considered.
Page 1482
'Illegitimate' children of British citizen fathers
For those born before 1 July 2006 fathers, unlike mothers, could not automatically transmit British citizenship to any 'illegitimate' children. In this situation the Home Office normally registered any 'illegitimate minor' of a British father if it was satisfied about the paternity of the child and it was satisfied that the consent of all those with parental responsibility for the child had been given. This policy remains in place for children born before 1 July 2006. For those born on or after this date, section 9 2002 Act introduced a provision that removes the distinction between legitimate and 'illegitimate' children born provided Proof of paternity is provided. The relevant forms of proof are dealt with by the new British Nationality (Proof of Paternity) Regulations 2006 and also in the NIs (Chapter 9, paras 9.9.5-9.9.8).
Pages 1485-1486
Those born before 1983 to British mothers
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is, inevitably, 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Page 1486
Registration by Entitlement for BOCs, BSs, and BPPs
The Border and Immigration Agency have announced that it is seeking an expert opinion on the interpretation of Lebanese citizenship law. Pending this, the Home Office suspended decisions on applications from possible Lebanese citizens. The BIA advises advises potential applicants who were born in Lebanon (or if their father or grandfather were born in the Lebanon), then they may wish to wait until the matter has been resolved before submitting an application. The BIA website should be checked for up-to-date information on this.
Pages 1486-1487
Registration of BOCs, BPPs, BSs BOTCs and BN(O)s, on grounds of residence
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Page 1487
Registration on grounds of service
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Page 1488
Registration of BOTCs
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Page 1488
Registration of BOTCs who are UK nationals for EC purposes
Section 58 Immigration, Asylum and Nationality Act 2006
Where a person is applying on or after 4 December 2006 and s/he is 10 years old or over at the date of application, the application will not be granted unless the Secretary of State is satisfied that s/he is a person of 'good character'.
Pages 1489-1490
Stateless persons born to British nationals outside the UK and the British Overseas Territories
In common with other nationality provisions, for those born before to 1 July 2006, the term 'father' did not include a reference to the father of an 'illegitimate' child unless the parents have subsequently married.
