British Nationality Law and how to obtain British Citizenship

British Citizenship is one of three different forms of British nationality, some of which were defined in the British Nationality Act 1981. The six categories of nationality include: British Citizenship; British Overseas Citizenship; British Overseas Territories Citizenship; British National (Overseas); British Protected Person; and British subject.
Only those with British Citizenship and certain British subjects with right of abode through qualifying connections under the Immigration Act 1971 have the right to live and work in the UK. People with other forms of nationality may life and work in the UK only if their UK immigration status allows it.
British Citizenship and Nationality is defined by law, and so whether a person can claim British Citizenship is determined by applying the definitions and requirements of the British Nationality Act 1981 and related legislation to the known facts of their place of birth, birth date, and descent.
There are a number of ways a person can obtain British Citizenship. For example by birth in the UK to a parent who is a British citizen at the time of the birth or to a parent who is settled in the UK; by descent if one parent is a British citizen by birth adoption, registration or naturalisation; by naturalisation; by registration; or by adoption.
Unless a person is already British citizens by descent, that is one or both of their parents is a British Citizen, all adults must register or naturalise following a period of Indefinite Leave to Remain (also called permanent residency) in the UK in order to earn British Citizenship.
The requirements to naturalise and take British Citizenship depend on whether one is married to a British citizen or not.
In order to naturalise applicants who are married to a British Citizen must:

• Have been in the UK for three years and have Indefinite Leave to Remain on the date of application;
• Have been living in the UK at the start of those three years;
• Not have been absent from the UK for more than 270 days in those three years;
• Not have been absent from the UK for more than 90 days in 12 months before application;
• Be of good character;
• Pass the Life in the UK test;
• Have sufficient knowledge of English, Welsh or Gaelic; AND
• Have an intention to live in the UK.

Applicants who are not married to a British Citizen must:

• Have been in the UK for five years. The last year of that having been as a permanent resident with Indefinite Leave to Remain;
• Not have been absent for more than 450 days in that period;
• Not have been absent for more than 90 days in the 12 months before application;
• Be of good character;
• Pass the Life in the UK test;
• Have sufficient knowledge of English, Welsh or Gaelic; AND
• Have an intention to live in the UK.

Everyone who applies for British Citizenship by naturalisation must meet the requirements, but the Home Secretary may make an exception to some requirements if there are special circumstances.
If you do not meet the British Citizenship requirements, but you believe there are special circumstances in your case you should explain them when you apply.
If you have already passed the Life in the UK Test as part of the qualification for Indefinite Leave to Remain you do not have to take the test again to qualify for British Citizenship. The Life in the UK Test is a computer-based, 45-minute test of 24 questions based on the handbook “Life in the United Kingdom: A Journey to Citizenship”. Most of the questions are about life in the UK, as described in the handbook, as well as a number of questions specific to the part of the UK you live in – England, Scotland, Wales or Northern Ireland.
Registration is a simpler method of acquiring British Citizenship, however, only certain people are eligible to register as a British citizen.
Nationals who have Indefinite leave to Remain in the UK or right of abode are eligible for British Citizenship by registration after five years of residence in the United Kingdom. There are also other cases where people may be entitled to British citizenship by registration, for example children born in the UK who live in the country until they are 10.
To be eligible to register for British Citizenship under the five-year residence requirement you must:

• Have been resident in the United Kingdom for at least five years; this is known as the residential qualifying period; AND Have been present in the United Kingdom five years before the date of your application; AND
• Have not spent more than 450 days outside the United Kingdom during the five-year period; and
• Have not spent more than 90 days outside the United Kingdom in the last 12 months of the five-year period; AND
• Have not been in breach of the immigration rules at any stage during the five-year period; AND
• Be free from UK immigration time restrictions for the last 12 months of the five-year period of your stay in the United Kingdom.

The most acceptable evidence of British citizenship is a British passport.