Many people assume that marrying a British citizen automatically grants British nationality. In reality, marriage alone does not provide citizenship. However, it does give access to a faster and more straightforward route to becoming a British citizen through naturalisation.
This article explains who qualifies for nationality by marriage, the residency and legal requirements and how the process works in practice.
Who is eligible?
To apply for British nationality by marriage, you must be 18 or over and legally married to, or in a civil partnership with, a British citizen. Your partner must already hold British citizenship, either by birth or through naturalisation.
You must also have permanent immigration status in the UK before applying. This means holding indefinite leave to remain (ILR), indefinite leave to enter or settled status under the EU Settlement Scheme. Without this settled status, you are not eligible to apply.
One of the main advantages of applying through marriage is that you do not need to wait 12 months after gaining ILR. Unlike most other applicants, you can apply for citizenship immediately after being granted settled status, provided you meet all other requirements.
Residency requirements
In addition to being married to a British citizen and holding ILR or settled status, you must also meet the Home Office residency rules. These require that you have lived in the UK for at least three years before the date your application is received.
You must also show that your absences from the UK during that time are within the permitted limits. Specifically, you cannot have spent more than 270 days outside the UK in the three-year qualifying period, and no more than 90 days outside the UK in the 12 months immediately before applying.
Another important detail is that you must have been physically present in the UK on the exact date three years before your application was received by the Home Office. This requirement often catches applicants out, particularly if they were travelling abroad at the time.
Other key requirements
Meeting the eligibility and residency criteria is only part of the process. Applicants must also satisfy several additional requirements before being approved for British nationality by marriage.
One of these is the language and knowledge requirement, often called KoLL. Unless exempt due to age or medical condition, you must prove your knowledge of English, Welsh or Scottish Gaelic and pass the Life in the UK Test. These demonstrate that you can integrate into British society and understand its culture, history and values.
The Home Office also applies a good character requirement. This means you should not have serious or recent criminal convictions, immigration breaches or evidence of dishonesty. Even minor issues such as unpaid taxes or fines can delay or jeopardise an application if not addressed properly.
Applications are made using Form AN, which can be completed online or by post. You must submit supporting documents such as your passport, marriage or civil partnership certificate, proof of ILR or settled status and evidence of your residence in the UK. Two referees are required – one must be a professional and the other a British citizen aged 25 or older.
Once approved, you will be invited to attend a citizenship ceremony where you formally become a British citizen and receive your certificate of naturalisation.
Get started on your application
Applying for UK nationality by marriage is a popular route for those with British partners, but it involves more than just proving your relationship. You must also meet strict residency, language and good character requirements. For many, the main advantage is being able to apply immediately after securing ILR, without the usual 12-month wait.
At Osbourne Pinner Solicitors, we guide clients through every step of the process, ensuring that applications are properly prepared and supported with the right evidence. You can take advantage of a free 30-minute consultation with our immigration solicitors to discuss your circumstances and eligibility.
With offices in Harrow, Canary Wharf, Piccadilly Circus and Manchester, we’re easy to reach for lots of locations. You can also speak to us on a video call if that’s easier. Arrange your consultation today by calling 0203 983 5080, emailing [email protected] or using the form below.
