Want British Citizenship? Wait another year!

Workers used to qualify for Permanent Residence (PR) after living in the UK for four years. The recent decision to extend the period to five years has had a knock-on effect on citizenship.

Those clever legal draftsmen who wrote the British Nationality Act in 1981 were very far -sighted. The Act says By increasing the qualifying period for PR to five years, the Home Office has, by stealth, increased the qualifying period for citizenship from five to six years. ‘ that to be eligible for British citizenship, an applicant needs to have resided in the UK for at least five years and to have had PR for at least 12 months (the ‘12-month requirement’).

By increasing the qualifying period for PR to five years, the Home Office has, by stealth, increased the qualifying period for citizenship from five to six years.

Although the Secretary of State has the discretion to waive the 12-month requirement where it would prejudice the applicant, the likelihood of him exercising it as a result of a change to immigration law is minimal. The change will affect many people who had planned to apply for citizenship after five years. If a further year’s delay will have a major impact on your ability to travel, whether in a personal or business capacity, this may be a sufficient reason to request discretionary treatment.

If you require advice on any personal or business immigration issues, please contact:
Kamal Rahman
Tel +44 (0)20 7440 7143
kamal.rahman@mishcon.com