British nationality

To be granted residency in Britain, you must go through a number of procedural checks and tests. Expert Legal Advice can help you at every step - form the initial form filling, to where to send the forms, and we can help you later in the progress when you have to go for an interview and other tests and checks.

There are a number of routes to take when applying for residency. These include, but are not limited to:

Defacto visa application - use when your partner is a British permanent resident and you have been together for one year or more before application.

Business visas - use if you want to start a business in the UK.

Skilled migrant visas - use if you have a special skill or qualification which will be useful to the UK economy.

You should also consider tax issues, passports and identity cards.

Character check
If you are applying to become a British resident, the new character heck which has effect from 4 December 2006 will be relevant to you.  The character check requires that all applicants aged 10 and over be of good character.

Character checks include enquiries by the police, Security Service and HM Revenue and Customs.  Any outstanding police action must be notified to the Home Office while an application for naturalisation is under consideration.

Waiting times
The average waiting time during the application process is currently four months.

Travel during application
If you wish to apply for British citizenship and you plan to travel abroad within 12 weeks of making an application, you should not send in original passports or travel documents with your application. You may send in copies of documents certified by a solicitor. Each page of a passport must be copied.

Knowledge of life in the UK
If you are applying for naturalisation on or after 1 November 2005 you will need to prove knowledge of life in the UK as well as your English language ability. There will be two ways in which you can do this:

If you are already at or above ESOL (English for Speakers of other languages) Entry 3 standard of English you will complete a "Life in the UK Test".

If you have not reached ESOL Entry 3 you will need to gain a qualification called 'English for Speakers of Other Languages (ESOL)' by attending an ESOL course at a local college.

Exemption from these requirements - age and infirmity
It is possible to avoid the language and knowledge of life in the UK requirement where it would be unreasonable to expect the applicant to fulfill it because of age or physical or mental condition. This would normally be done in cases where the applicant is aged 65 or over.
The grounds for exemption of younger people need to be compelling, such as where the applicant:

- is suffering from a long term illness or disability which severely restricts mobility and ability to attend language classes; or
- has a mental impairment which means that they are unable to learn another language.

Life in the UK Test
Expert Legal Advice states you should take this test if your language ability is the equivalent of ESOL Entry 3 or above. You will need to take the test on a computer at one of the Life in the UK Test centres in the UK. The test consists of 24 questions based on the information contained in the handbook "Life in the United Kingdom: A Journey to Citizenship.

If you pass this test you will not need to produce additional proof of your knowledge of English.

How can I find out if my English is good enough to take the test?
If you are not sure what your level of language ability is, you should work through the tutorial on the life in the UK test website. If you do not fully understand the information then it is likely you will need to enrol on an ESOL with citizenship course.

What if I am applying from overseas?
Not many people who are ordinarily resident outside the UK will qualify for citizenship. But if you are one of these, the existing arrangements will continue to apply. In other words, someone designated by the Secretary of State for the purpose can certify that you have reached an appropriate standard of English for the purposes of naturalisation.

What is ESOL?
It means English for Speakers of Other Languages. The courses are concerned with the teaching of English to speakers of other languages who wish to live and work in the UK. Successfully gaining an ESOL qualification in speaking and listening through attending a course with both language and citizenship elements will mean you have met the language and knowledge of life in the UK requirements for naturalisation at the same time. It is also a useful qualification to have if you want to get a job.

Where do I go to find an ESOL course? What do I need to ask for?
The courses are, or will be, available at many Further Education and Adult and Community Colleges across the UK. If you wish to do a course for citizenship purposes you should make sure the college course you are offered leads to an ESOL qualification which is valid for citizenship purposes and that the college will give you a letter to this effect when you successfully complete the course.