British Citizenship
Foreign nationals may acquire British citizenship by birth or naturalization, provided they fulfill the relevant eligibility criteria and meet other specific requirements.
If you are a Filipino national looking for insights into the various ways to obtain British citizenship, whether you are eligible, what other requirements you must meet, or seeking bespoke advice depending on your circumstances, call us today on +44 (0)333 305 9375 or message us online, to speak with one of our expert immigration lawyers.
Overview of Citizenship in UK
There are various ways through which a foreign national may acquire citizenship in the UK, such as:
- By birth
- By marriage or civil partnership
- If they have indefinite leave to remain (ILR) or settled status in the UK
For example, children born of Filipino parents in the UK may automatically become (or can apply to become) a British citizen, depending on their dates of birth and parents’ immigration status when they were born.
Similarly, a Filipino national, who has been married to or living in a recognized civil partnership with a British citizen and meets the relevant eligibility requirements, can apply for citizenship in the UK.
Rights of a British Citizen
With British citizenship comes the right to live, work and study in the UK for an indefinite period, the right to enter and exit the country freely, the right to vote and right to stand for public office, and the right to claim public funds and access the UK’s robust public healthcare (i.e. NHS) and education facilities.
Once you have become a British citizen, you can apply for a British passport. A British passport allows you to travel either visa-free or on a visa-on-arrival basis to 191 countries and confers the right to receive diplomatic protection abroad as a British subject upon the holder.
Am I Eligible to Apply for British Citizenship?
The eligibility criteria for British citizenship vary from case to case, depending on your chosen route to acquire the same. We are going to discuss the eligibility criteria for each route in this section.
If You Were Born in the UK
Children born in the UK may automatically be a British citizen or may be eligible to apply for citizenship in the UK, provided they meet certain additional criteria. These criteria vary depending on your date of birth and your parents’ circumstances when you were born.
Children born in the UK with at least one of their parents being a British citizen or an Irish citizen living in the UK, will automatically get UK citizenship regardless of when they were born. If you were adopted by a British citizen in a UK court, you will also be a British citizen.
If you were born in the UK to foreign parents before 1 January 1983, you would be a British citizen automatically unless your father was a diplomat working for a foreign country at the time of your birth or was in the Channel Islands during World War II when you were born.
If you were born in a British colony before 1 January 1983, you would be a British citizen if you were a Citizen of the UK and Colonies (CUKC) on 31 December 1982 and had the ‘right of abode’ in the UK. However, you might not be a British citizen if you had a certificate to confirm that you were registered as a (CUKC) under the ‘British Nationality (No 2) Act 1964.
If you were born in the UK on or after 1 January 1983 to foreign parents who are neither British, Irish or EEA nationals, you may still become a British citizen if at least one of your parents was living in the UK when you were born and had ILR, or right of abode, or right of re-admission.
If at least one of your parents was an EEA national living in the UK when you were born, whether you get British citizenship automatically will vary as follows:
- For children born during between 1 January 1983 and 1 October 2000, their EEA national parent must have had free movement rights in the UK
- For children born between 2 October 2000 and 29 April 2006, their EEA national parent must have had ILR/right of abode/right of re-admission
- For children born between 30 April 2006 and 30 June 2021, their EEA national parent must have had ILR/right of abode/right of re-admission/settled status/permanent residence status
- For children born from 1 July 2021 onwards, their EEA national parent must have had ILR/settled status/right of abode/right of re-admission
You may also apply to ‘register’ as a British citizen if you were born in the UK on or after 1 January 1983, if:
- You are under 18
- At least one of your parents became a British citizen, or got permission to stay in the UK permanently, since you were born
- You lived in the UK until you were 10 or older
UK Citizenship by Marriage
If your spouse/civil partner is a British national, you may apply to become a citizen in the UK through naturalization if you:
- Are 18 years of age or over
- Have lived in the country for at least three years prior to your application
- Have ILR in the UK, or settled status under the EU Settlement Scheme, or indefinite leave to enter the UK (i.e. permission to move to the UK permanently from abroad)
You will not be able to include any time spent in the UK as a diplomat, member of a diplomat’s staff or household, or member of visiting armed forces.
You will also have to fulfill the specific criteria for the naturalization route to British citizenship, such as meeting the language and character requirements and passing the life in the UK test. You should also not be convicted of breaking any UK immigration laws.
Moreover, you should not have spent, unless your spouse/partner works abroad for the UK government or any linked organization, more than 270 days outside the UK during the three years prior to your application and more than 90 days in the last 12 months.
Through Indefinite Leave to Remain or Settled Status Under the EU Settlement Scheme
Foreign nationals living in the UK for five years may apply to become a citizen in the UK if they:
- Have had ILR, settled status under the EU Settlement Scheme, or indefinite leave to enter the UK for at least 12 months
- Are aged over 18
- Meet the language and good character requirements and pass the Life in the UK test
- Can prove that they intend to continue living in the UK
- Have not broken any UK immigration laws
Time spent in the UK as a diplomat, member of a diplomat’s staff or household, or member of visiting armed forces cannot be calculated. Moreover, you must not have spent more than 450 days outside the UK during the five years before your application and more than 90 days in the last 12 months.
Other Eligible Cases for Citizenship in the UK
If you do not fall in any of the above category, you may still apply to become a citizen in the UK if you have:
- A British parent (but was not born in the UK), or
- A parent with British overseas territories citizenship, or
- Another type of British nationality
Moreover, you may be able to apply for British citizenship if you are stateless, a Chagossian descendant (a direct descendant of someone born in British Indian Ocean Territory), or previously renounced your British citizenship or nationality.
Finally, if you can prove that you should have automatically become a citizen or been eligible to apply to become a citizen in the past but missed out because laws were unfair at the time, or the concerned authorities/departments made a mistake, or because of exceptional circumstances.
Good Character Requirement
According to the British Nationality Act 1981, it is a statutory requirement for those applying for British citizenship through naturalization to be of good character.
Although the Act does not define good character, the Home Office caseworkers may refuse your citizenship application if:
- You have not respected or are not prepared to abide by the law
- You have been involved in or associated with war crimes, crimes against humanity, genocide, terrorism, or other actions not conducive to the public good
- Your financial affairs are not in order
- Your activities have been notorious and cast serious doubt on your standing in the local community
- You have deliberately been dishonest or deceptive while dealing with the UK government
- You have broken UK immigration laws
- You have previously been deprived of British citizenship etc.
English Language Requirement
To apply for a UK citizenship you may need to prove your knowledge of the English language, unless:
- You are aged less than 18, or 65 or over
- You are unable to take a test to prove your knowledge of English because of a long-term physical or mental condition, as confirmed by a doctor through a completed exemption form
- You belong to certain nationalities (note: Filipino nationals are not exempt)
You need to prove your knowledge of English through either having an English qualification at CEFR B1, B2, C1 or C2 level, or through a degree taught or researched in English.
Life in the UK Test
As part of your application to become a British citizen through naturalization, you will need to pass the Life in the UK test unless you are under 18 or over 64, exempted because of a physical or mental condition, or have passed it once already (e.g. as part of your settlement application).
The test comprises questions about UK laws and the legal system, working in the UK and other such details of life in the country. You will have to score at least 75% to pass the test. There is no limit as to how many times you can take the test, but you will have to pay a £50 fee every time you apply.
How Can Total Law Help?
Obtaining British citizenship is a complex and fairly time-consuming process. Even if you meet the eligibility criteria, it is of utmost importance to fill up the relevant forms correctly and completely as well as submit all required documentation.
Moreover, you do not have the right to appeal if your UK citizenship application is rejected. You may ask UKVI to reconsider its refusal decision or reapply after rectifying the reason for refusal as clarified in your decision letter, where possible.
Otherwise, the only legal remedy available to you is a judicial review. So, it is crucial that you get the application process and documentation right at the first time.
Total Law can help. Our team of sympathetic immigration lawyers have the required expertise to assist you, regardless of your personal circumstances or the complexity of your case.
If you are seeking overall advice with your UK citizenship application from the Philippines or you would like an immigration expert to complete your application on your behalf, we are here for you. We also offer document and application checking services if you just need a final check to confirm that your documents and application adhere to Home Office guidelines.
To know more about the services we provide and how we can help you, please call us on +44 (0)333 305 9375 or message us online today, to speak to our team of legal advisers.
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Related pages for your continued reading.
Frequently Asked Questions
No. Unlike a UK settlement application or most of the UK visas, the fast-track service is not available when it comes to a British citizenship application.
It may be possible. Dual citizenship is allowed in the UK, whereas natural-born Filipino citizens can re-acquire or retain their citizenship in the country after acquiring foreign citizenship through naturalization. Please check with the Philippines embassy or consulate in the UK if this applies to your case.
