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Guide Ukm: Registration As A British Citizen - A Guide For Certain Persons Born Before 1983 To British Mothers

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GUIDE UKM

Registration as a British citizen – A guide for certain persons born


before 1983 to British mothers

January 2010
CONTENTS

1. Introduction to the guide ................................................................2

2. The requirements you have to meet ............................................3


The citizenship you will acquire.....................................................4

3. Notes on completing the application form .................................5


Personal information...........................................................................5
Good character ....................................................................................6
Referees and identity...........................................................................9
Declaration ........................................................................................10

4. What to send with the application form ....................................11

5. Where to send your application form.........................................13

6. What happens next? ......................................................................14


What you can expect from us...........................................................14
Waiting times .....................................................................................15
Deprivation of citizenship ................................................................15
What we expect from you.................................................................15
Citizenship ceremonies - What do you have to do? .......................16
And finally .........................................................................................16

7. Notes .................................................................................................17

The law covering registration is set out in the British Nationality Act 1981
and the regulations made under it. The information given here is meant only
as a brief guide to the law and to the Home Secretary’s policy. It is not a
comprehensive statement of either the law or the policy.

1
1 Introduction to the guide

Becoming a British citizen is a significant life event. Apart from allowing you to
apply for a British citizen passport, British citizenship gives you the opportunity to
participate more fully in the life of your local community.

For your application to succeed you will need to show that you satisfy a number of
requirements that are set out in British nationality law. This guide aims to help you
to make a successful application. It will also help you to prepare for British
citizenship. It tells you what information to put into each section of the application
form and which documents you need to supply.

The first chapter of this guide summarises the legal requirements for applying for
registration.

It is important that you take care in completing the form and in making sure that
you satisfy the requirements for registration. You also need to make sure that you
have paid the correct fee (see the fees leaflet supplied separately). If you pay by
cheque you should ensure that you have sufficient funds available. Please do not
send cash or postal orders. We will also accept credit/debit card payment and
Transcash payments. If you do not pay the correct fee your application will be
returned to you unprocessed.

Before continuing with your application, you should be aware that under the
nationality laws of some countries a person will automatically lose their nationality
if they become a citizen of another country. If you have any questions about this,
you should ask the authorities of the country of which you are a citizen through
their Embassy or High Commission before making your application. If the country
of which you are currently a citizen continues to recognise you as one of its citizens
you may continue to be subject to the duties of citizens of that country when you
are in its territory. This may include obligations to undergo military service.

The law covering registration is contained in the British Nationality Act 1981 and
the regulations made under it. This guide is intended to help you to apply. It is not a
complete statement of the law or policy. Other information about citizenship and
immigration is available on the UK Border Agency website at
www.ukba.homeoffice.gov.uk.

2
2 The requirements you have to meet
and the citizenship you will acquire if
your application is successful
The requirements
You will be entitled to registration if:
l you were born before 1 January 1983; and
l you were born to a mother who was a citizen of the United Kingdom and
Colonies at the time of your birth and you would have been a citizen of the
United Kingdom and Colonies by descent if it had been possible for women
to pass on citizenship of the United Kingdom and Colonies to their children
in the same way as men could; and
l had you been a citizen of the United Kingdom and Colonies, you would have
had the right of abode in the United Kingdom and would have become a
British citizen on 1 January 1983; and
l the Secretary of State is satisfied that you are of good character.

Notes:
A. You will meet the second requirement if at the time of your birth:
(a) your mother was a citizen of the United Kingdom and Colonies and got that
citizenship either:
l by birth, legal adoption, naturalisation or registration in the United
Kingdom and Colonies; or
l by birth, before 1 January 1949, in a British protectorate, protected state
or United Kingdom trust territory; or
(b) your mother was, at the time of your birth, a citizen of the United Kingdom and
Colonies and:
(i) you were born, or your mother was born, in a British protectorate,
protected state, mandated territory or trust territory or in any foreign place
in which British subjects came under British extraterritorial jurisdiction;
or
(ii) you were born in a non-Commonwealth country and your birth was
registered, within one year of its occurrence, at a British consulate; or
(iii) your mother was in Crown service under the United Kingdom
government at the time of your birth; or
(iv) you were born in a Commonwealth country whose citizenship law had been
the subject of an order under section 32(8) of the British Nationality Act 1948,
but did not become a citizen of that country at birth.
NB - This only applies if you were born in Ceylon/Sri Lanka.

3
B. You will meet the third requirement if:
(i) your mother was, at the time of your birth, a citizen of the United Kingdom and
Colonies by birth, legal adoption, naturalisation or registration (except
registration on the basis of a marriage on or after 28 October 1971 to a citizen of
the United Kingdom and Colonies) in the United Kingdom, Channel Islands or
Isle of Man; or
(ii) one of your mother’s parents (the definition of “parent” here excludes the father,
but includes the mother, of an illegitimate child) was a citizen of the United
Kingdom and Colonies in the way mentioned in (i) above at the time of her
birth; or
(iii)one of your father’s parents (the definition of “father” and “parent” excludes the
father of an illegitimate child) was a citizen of the United Kingdom and
Colonies in the way mentioned in (i) above at the time of his birth; or
(iv) you were settled in the United Kingdom before 1983 and had, at that time, been
ordinarily resident there for the last 5 years or more; or
(v) you are a woman who, before 1 January 1983, was or had been married to a
man with the right of abode in the United Kingdom.

The citizenship you will acquire


All successful applicants will become British citizens by descent. As a British citizen
by descent you will not normally be able to pass on British citizenship to any
children born outside British territory.
If you are resident in the United Kingdom, you may therefore wish to apply for
naturalisation. This would give British citizenship otherwise than by descent, which
would mean that you could pass on that citizenship to any children born abroad to
you after naturalisation.
Further information about the requirements for citizenship can be
obtained from the Liverpool Contact Centre:
Email: ukbanationalityenquiries@ukba.gsi.gov.uk
Tel: 0845 010 5200

l If you are in the Channel Islands or Isle of Man you should contact the
Lieutenant-Govenor’s office.
l If you are in a British overseas territory, contact the Govenor’s office.
l If you are elsewhere overseas, contact the nearest British Consulate or
High Commission.

4
3 How to fill in the application form

Please ensure that your names and other particulars on the form are written clearly
and in BLOCK LETTERS using black or blue-black ink. Problems can arise if the
information you give is difficult to read or is incorrect. Also, please make sure that the
information you give on the application form is correct before you make the
application. (It is a criminal offence to give false information knowingly or recklessly).
If your application is successful, your names and some other particulars will go on
your certificate of registration and can only be changed in exceptional circumstances.
Information you give us will be treated in confidence, but may be disclosed to other
Government Departments and agencies, local authorities and the police to enable
them to carry out their functions. We may also consult some of these organisations
with the information when carrying out enquiries concerning your application.
SECTION 1: PERSONAL INFORMATION
These sections must be completed in all cases as fully as possible. If you are applying
at the same time as your husband or wife or civil partner, you should each complete
separate application forms.
Your name at birth must be given on the application form, for identity purposes, but
may be omitted from your certificate of British citizenship if you have a special
reason for requesting this - for example because you were adopted or are no longer
living in the gender you were considered to have at the time of your birth.
NB - Place and country of birth names shown on the certificate will be names in
current acceptable use (and will be in English where an English version exists.)
Parts 1.40 to 1.53 – Details of maternal grandparent(s)/husband/residence
in the United Kingdom
These sections only need to be completed where relevant (see Note B in Part 1 of
this guide and Part 3).
If an agent (e.g. solicitor) is representing you, and you wish all correspondence to
go through your agent, please put the name, address and telephone number in Part
1.14 to 1.16. Unless you are being represented by a private individual, it is the
agent’s business name, telephone number, etc., which you should put here.
OISC and Immigration Advice
Immigration or nationality advisors acting in the course of business (whether paid or
unpaid) are regulated by the Office of the Immigration Services Commissioner
(OISC), an independent body. The provision of such advice is prohibited unless a
person works for an organisation registered with, or exempted by, the OISC or is
authorised to practise (like solicitors and barristers) by a designated professional body.
Certain categories (e.g. public health bodies) are exempted from the regulatory
scheme by Ministerial Order. It is a criminal offence to provide advice or services in
contravention of the regulatory scheme.
Further information about the regulatory scheme can be obtained from:
Office of the Immigration Services Commissioner
5th Floor, Counting House, Tooley Street, LONDON SE1 2QN
Tel: 020 7211 1500 Fax: 020 7211 1553
A full list of OISC regulated advisers is available on its website at www.oisc.gov.uk

5
If your application is approved, you will need to take part in a citizenship ceremony.
The venue will normally be within a local authority area near where you live. If you
want the ceremony in another area you should enter the name and address of that
local authority office including the postcode.
Successful applicants are exempted from ceremonies rarely and then only if they are
physically unable to attend or if their mental state would make it inappropriate to
attend. If you wish to be exempted you should say why on a separate piece of paper
and provide supporting evidence.
SECTION 2: GOOD CHARACTER
To be considered of good character you should have shown respect for the rights
and freedoms of the United Kingdom, observed its laws and fulfiled your duties and
obligations as a resident of the United Kingdom. Checks will be carried out to
ensure that the information you give is correct.
If you are not honest about the information you provide and you are registered on
the basis of incorrect or fraudulent information you will be liable to have British
citizenship taken away (deprivation) and be prosecuted. It is a criminal offence to
make a false declaration knowing that it is untrue.
Among the duties and obligations, which you are expected to fulfil, if you live in the
United Kingdom, is payment of income tax and National Insurance contributions.
We may ask H.M. Revenue & Customs for confirmation that your tax and National
Insurance affairs are in order. When you sign the application form you will be giving
your consent for us to approach them.
2.1-2.5 If you do not pay income tax through PAYE you must demonstrate that you
have discharged your obligations towards the H.M. Revenue & Customs, by
attaching your most recent Self Assessment Statement of Account.
2.6 You must give details of all civil judgements which have resulted in a court
order being made against you. If you have been declared bankrupt at any
time you should give details of the bankruptcy proceedings. Your
application is unlikely to succeed if your bankruptcy was due to you being
reckless or irresponsible in your financial affairs.
You do not need to give details of family law proceedings such as divorce decrees,
dissolved civil partnerships, guardianship orders, parental responsibility orders etc.
You must give details of all criminal convictions either within or outside the United
Kingdom. These include road traffic offences, but not fixed penalty notices which
have not been given in a court. Fixed penalty notices include parking and speeding
offences. Drink driving offences must be declared.
You do not have to give details of any offences which are "spent" under the
Rehabilitation of Offenders Act 1974. Under that Act certain convictions may be
regarded as "spent" in the United Kingdom after certain periods of time from the
date of conviction if you have not been convicted of other offences during that
time. "Spent" means that it will be ignored. A leaflet about this called "Wiping the
Slate Clean" is available from the Home Office, Direct Communications Unit,
2 Marsham Street, LONDON SW1P 4DF.
Criminal record checks will be carried out in all cases. If you have a conviction which
is not yet “spent” under the Rehabilitation of Offenders Act 1974, an application for
citizenship made now is unlikely to be successful. We would therefore advise you to
wait until the end of the rehabilitation period before making an application.

6
We will normally disregard a single conviction for a minor offence resulting in a bind
over, conditional discharge or relatively small fine or compensation order, if a person
is suitable for citizenship in all other respects. “Minor offences” includes low-level
speeding or other “regulatory” offences. Offences involving dishonesty (e.g. theft),
violence or sexual offences are not classed as minor offences. Drink-driving
offences, driving while uninsured or disqualified are not minor offences either.
The following table gives examples of sentences and rehabilitation periods. In
calculating the spent period it is the prison sentence that counts, not the time
served, and a suspended sentence counts as if it were a prison sentence.
If you have a conviction which is not spent you are unlikely to be registered, as the
Home Secretary would not be satisfied that you are of good character. An application
would fail and the fee would not be fully refunded. Similarly if you have been charged
with a criminal offence and are waiting trial or sentencing, you are advised not to
make any application until the outcome is known. If you are convicted, you should
then consult the table of sentences and rehabilitation periods below.
2.7 You must say if your details have been recorded by the police as a result of
certain sexual offences, or if you are subject to one of the following orders:
notification order, sexual offences prevention order, foreign travel order,
risk of sexual harm order (or any equivalent order issued in a British
overseas territory or elsewhere). If your details are recorded on the “sex
offenders register”, even if any conviction is spent, the Home Secretary is
unlikely to be satisfied that you meet the good character requirement, and
so an application for citizenship is unlikely to be successful.

HOW WILL A CONVICTION AFFECT YOUR APPLICATION


Sentence Rehabilitation
Period
A sentence of imprisonment or corrective training for a term This will not become
exceeding 30 months or preventive detention or detention “spent”
during Her Majesty’s pleasure or imprisonment or detention
for public protection.
Imprisonment or youth custody for 6 months to 30 months 10 years*

Imprisonment or youth custody for 6 months 7 years*

Fine†, community order 5 years*

Bind over, conditional discharge One year, or when


the order ceases to
have effect, which-
ever is the later

Absolute discharge 6 months

Driving disqualification Once the disqualification


has ceased

*all halved if the person is under 18 when convicted.


† a fine includes a fixed penalty notice/Scottish fiscal fine which has been registered
with a court due to non-payment or upheld by a court on appeal.

7
WHAT IF YOU HAVEN'T BEEN CONVICTED BUT YOUR CHARACTER
MAY BE IN DOUBT?
2.8 You must say if there is any offence for which you may go to court or
which is awaiting hearing in court. This includes having been arrested for
an offence and waiting to hear if you will be formally charged. If you have
been arrested and not told that charges have been dropped, or that you will
not have to appear in court, you may wish to confirm the position with the
police. For applicants from Scotland any recent civil penalties must also be
declared. You must tell us if you are arrested or charged with an offence
after you make your application and while the application is under
consideration. You risk prosecution under section 46 of the British
Nationality Act 1981 if you do not do so.
2.9-2.11 You must also say here whether you have had any involvement in
terrorism. If you do not regard something as an act of terrorism but you
know that others do or might, you should mention it. You must also say
whether you have been involved in any crimes in the course of armed
conflict, including crimes against humanity, war crimes or genocide. If you
are in any doubt as to whether something should be mentioned, you
should mention it.
For the purpose of answering questions 2.9 to 2.11 the following
information provides guidance on actions which may constitute genocide,
crimes against humanity and war crimes. This guidance is not exhaustive.
Before you answer these questions you should consider the full definitions
of war crimes, crimes against humanity and genocide which can be found in
Schedule 8 of the International Criminal Court Act 2001 at the following
web-site: http://www.hmso.gov.uk/acts/acts2001/20010017.htm
Alternatively, copies can be purchased from The Stationery Office,
telephone 0870 600 5522.
It is your responsibility to satisfy yourself that you are familiar with the
definitions and can answer the questions accurately.
Genocide
Acts committed with intent to destroy, in whole or in part, a national,
ethnic, racial or religious group.
Crimes against Humanity
Acts committed at any time (not just during armed conflict) as part of a
widespread or systematic attack, directed against any civilian population
with knowledge of the attack. This would include offences such as murder,
torture, rape, severe deprivation of liberty in violation of fundamental
rules of international law and enforced disappearance of persons.
War Crimes
Grave breaches of the Geneva Conventions committed during an armed
conflict. The types of acts that may constitute a war crime include wilful
killing, torture, extensive destruction of property not justified by military
necessity, unlawful deportation, the intentional targeting of civilians and
the taking of hostages.

8
2.12 You must say whether you have been involved in anything which might
indicate that you are not of good character. You must give information
about any of these activities no matter how long ago this was. Checks will
be made in all cases and your application may fail and your fee will not be
fully refunded if you make an untruthful declaration. If you are in any
doubt about whether you have done something or it has been alleged that
you have done something which might lead us to think that you are not of
good character you should say so.
You must tell us if you have ever practised deception in your dealings with
the Home Office or other Government Departments (e.g. by providing
false information or fraudulent documents). This will be taken into
account in considering whether you meet the good character requirement.
If your application is refused, and there is clear evidence of the deception,
any future application made within 10 years is unlikely to be successful.
You must also tell us if you have any children who have been convicted of
an offence or who have received a court order (e.g. an ASBO). We will
then consider if there are indications that you may have been complicit in
their activities or particularly negligent in ensuring their good behaviour,
and whether this reflects on your own ability to meet the good character
requirement.

SECTION 3: REFEREES AND IDENTITY


Your application must be endorsed by two referees and a recent passport size
photograph stapled or clipped into the space provided. The photograph must show
the whole of the front of your face in reasonable light. It should not show your face
wholly or partly concealed by your hair (beards, sideburns and moustaches
excepted) or by a scarf or traditional dress. It should not show you wearing dark
glasses or a hat, hood, cap or scarf.
Each referee should have known you personally for at least 3 years.
One referee should be a person of any nationality who has professional standing,
such as a minister of religion, civil servant or a member of a professional body, e.g.
accountant or solicitor (but not representing you with this application). A list of
acceptable professional persons can be found on our website.
The other referee must normally be the holder of a British citizen passport and
either a professional person or over the age of 25.
Each referee should be:
l not related to you
l not related to the other referee
l not your solicitor or agent representing you with this application
l not employed by the Home Office
We will not accept a referee who has been convicted of an imprisonable offence
during the last 10 years and the sentence has not become spent under the
Rehabilitation of Offenders Act 1974 - see page 7.

9
If you are living abroad and do not know a British citizen who is qualified to act as
one of your referees, a Commonwealth citizen or citizen of the country in which you
are residing may complete and sign the form, provided he/she has professional
standing in that country, has known you for three years and the Consul considers
his/her signature to be acceptable.
Checks may be carried out to ensure that the referees do not have unspent
convictions (see page 7) and are qualified to act for you and that their signatures are
genuine. It is a criminal offence to provide false information knowingly or
recklessly, punishable with up to 3 months imprisonment or by a fine not exceeding
£5,000 or both under section 46(1) of the British Nationality Act 1981.
Once you have two referees and they have completed Section 3 you should recheck
the information you have provided and go to Section 4.

SECTION 4: DECLARATION BY APPLICANT


Read this section carefully before inserting your name clearly in box 4.1 and ticking
each box at 4.2 - 4.6 to confirm the points raised.
If you meet the requirements described in this guide please sign and date the form in
box 4.7. You are advised to read this guide carefully to ensure that you do satisfy all
the requirements.
You must normally sign the form yourself. If you cannot sign the form you must
make a mark or a fingerprint and ask one of your referees to sign saying that it is
your mark or fingerprint If the applicant is not of sound mind and you are acting on
his or her behalf you should sign to indicate your responsibility for the accuracy and
completeness of the information provided. You must support this by explaining, in a
covering letter, who you are and why the applicant cannot act on their own behalf.
Confirmation from the applicant's medical practitioner or consultant should also be
provided.
If the declaration in section 4 of the form is not completed, the application will
be invalid.

10
4 What you will need to send in
with the form
PLEASE NOTE: It is our policy to return valuable documents by secure
post. If you wish your documents to be returned by other postal service or
courier you will need to supply a pre-paid delivery envelope ensuring that
the full postage stamps or fees are included.

This section tells you the sort of documents you will need to send to us to consider
your application. We cannot consider your application unless we have supporting
documents. If you do not submit your application with supporting documents
and the correct fee then the application will be returned to you unprocessed.
The Fee
The fee must be sent with the application form. Details of the current fee are available
on our website at www.ukba.homeoffice.gov.uk or by calling the Liverpool Contact
Centre on 0845 010 5200. NB. If you do not send the correct fee, the application
will be invalid.
Documentary evidence that (had the law been different) you would have been a
citizen of the United Kingdom and Colonies.
Please send the following documents:
l Your passport; and
l Your full birth certificate; and
l Your mother’s full birth certificate; and either
l Her certificate of naturalisation or registration as a citizen of the United
Kingdom and Colonies (or, before 1 January 1949, as a British subject); or
l Papers showing her legal adoption; or
l Her expired citizen of the United Kingdom and Colonies passport
If your mother was a citizen of the United Kingdom and Colonies by descent, and
was in Crown service under the United Kingdom government at the time of your
birth, please also send evidence of that service.
Documentary evidence that (had the law been different and had you been a
citizen of the United Kingdom and Colonies) you would have had the right of
abode and would have become a British citizen.
The evidence requested above may be enough to establish this. You only need to send
additional evidence if your circumstances are as described in the paragraph below.
If, at the time of your birth, your mother was not a citizen of the United Kingdom
and Colonies by birth, adoption, naturalisation or (as explained in the Notes in Part
1 of this Guide) registration in the United Kingdom, the Channel Islands or the Isle
of Man, but one of her parents was such a citizen at that time, you will need to send
the following evidence of this:

11
l Her parents’ marriage certificate;
l Her father’s or (as appropriate) mother’s birth certificate;
l Her father’s or (as appropriate) mother’s certificate of naturalisation or
registration as a citizen of the United Kingdom and Colonies (or, before 1
January 1949, as a British subject)
If, at the time of your birth, your mother was a citizen of the United Kingdom and
Colonies but not by birth, adoption, naturalisation or (as explained in the Notes in
Part 2 of this Guide) registration in the United Kingdom, the Channel Islands or the
Isle of Man, or through one of her parents having acquired it in that way, you will need
to send the following evidence:
l Passports, P60s, details of National Insurance contributions, DSS claims,
employers’ letters showing that you were ordinarily resident in the United
Kingdom for a continuous period of 5 years before 1 January 1983 and were
settled in the United Kingdom at the end of that period; or
l If you are a woman who was married at any time before 1 January 1983 to a
man with the right of abode in the United Kingdom, your marriage certificate
and evidence of that husband’s right of abode, e.g. passport or United
Kingdom birth certificate.
Please provide any translations if these are applicable. Send original documents –
photocopies are not acceptable.

12
5 Where to send your application form

Once you have completed and signed the application form and enclosed the
documents, you must arrange to pay the correct fee. If you are paying by debit/credit
card you should complete the payment slip attached to the fee leaflet. If you are
paying by cheque you should ensure that funds are available in your account, or you
should arrange to pay by Transcash. Cash or postal orders cannot be accepted.
If your fee is paid through an account which belongs to someone else, please give
their details in the space provided on the payment slip attached to the fee leaflet in
case it is necessary to refund all or part of the fee.
If you are in England, Wales, Scotland or Northern Ireland, send the form with the
fee and supporting documents to:
UK Border Agency
PO BOX 306
Liverpool
L2 OQN
If you are in the Channel Islands or the Isle of Man, you should send them to the
Lieutenant-Governor.
If you are in a British overseas territory, you should send them to the Governor.
If you are elsewhere, you should send them to the nearest British Consulate,
Embassy or High Commission.
You must submit your application as explained above. You should not send an
application direct to the Home Office from outside the UK even if you normally live
there. The date of application will be the date it is received by the Home Office or
the local British government representative as shown above. It is not the date on
which you send it. Therefore, it is not advisable to send in your application if you are
about to leave the country as it might not be received until after your departure and it
will be invalid.

13
6 What happens next?

It is important that you take care in completing the form and in making sure that you
satisfy the requirements for registration. You also need to make sure that you have
paid the correct fee (see the fees leaflet). If you pay by cheque you should ensure that
you have sufficient funds available, otherwise you should consider paying by
Transcash. We will also accept credit/debit card payment. If you do not pay the
correct fee your application will be invalid and returned to you unprocessed.

WHAT YOU CAN EXPECT FROM US


Once we have received your application form we will create a computer file to track
and process your application. Your application will be acknowledged. During busy
times this may take up to 2-4 weeks.
The Liverpool Contact Centre will deal with any enquiries about your application
once it has been made.
Email: ukbanationalityenquiries@ukba.gsi.gov.uk
Telephone 0845 010 5200
Lines are open from 9.00 am to 9.00 pm
We will check your application against the documents you have sent in and make a
number of enquiries. The documents may be checked to ensure their authenticity. If
you provide forged or fraudulently obtained documents you may be investigated
and we may press for prosecution.
If we need more documents we will write and ask you for them. We will give you
three weeks to respond. If you do not respond within the time we allow you, then
we will decide your application on the information we already have, but there is a
risk that your application will not succeed.
We undertake to process your application quickly and in accordance with the law
and agreed policy and procedures. We will deal with any enquiries courteously and
promptly. You must keep us informed of any changing circumstances including
change of address or agent.
If your application is unsuccessful we will write and tell you why. Although there
is no legal right of appeal or review we will consider representations if you
consider that a decision to refuse your application was not soundly based
on nationality law or prevailing policy and procedure as described in this guide or in
any other communication you have received from us or on our website at
www.ukba.homeoffice.gov.uk. Representations must explain why you think we
have not correctly applied the law and policy in your case. We will respond either by
confirming that law and policy had been correctly applied or by answering particular
points you raise concerning the way that law and policy were applied.

14
We strive to provide a first rate service, but occasionally difficulties arise that prevent
us from dealing with applications to our usual high standards. In the unlikely event
that you wish to complain, details of how to make a complaint are given on page 16.
WAITING TIMES
While we try to deal with cases quickly this cannot be guaranteed and we cannot
register you until we are satisfied that all the requirements have been met.
Information on average waiting times can be found on the website at
www.ukba.homeoffice.gov.uk or by telephoning:
Telephone 0845 010 5200
Lines are open from 9.00 am to 9.00 pm
Applicants outside England, Wales, Scotland and Northern Ireland should contact
the office where they made their applications or telephone 44 151 672 5626
The length of time you will have to wait for your application to be decided will not
affect your existing rights in the UK.
DEPRIVATION OF CITIZENSHIP
You may be deprived of British citizenship if it is found to have been obtained by
fraud, false representation or the concealment of any material fact. The Home
Secretary may also deprive you of British citizenship if, in his opinion, it would be in
the public interest for him to do so and you would not thereby be made stateless.
Ministers suggested during the passage of the Immigration, Asylum and Nationality
Act 2006 that deprivation may be appropriate where the person-
l has encouraged or assisted others to commit acts of terrorism;
l has committed war crimes, public order offences or other serious crime; or
l has carried out acts seriously prejudicial to vital national interests, including
espionage and acts of terrorism directed at the United Kingdom or an allied
power.
A certificate of registration may, as a matter of law, be ineffective from the outset if
it is obtained by means of impersonation.
WHAT WE EXPECT FROM YOU
Applications are considered quickly - usually within six months of receipt. We
expect you to make appropriate arrangements to ensure that you can respond to our
enquiries or requests for documents within the period we allow.
While the application is under consideration we expect you to tell us about anything
which alters the information you have given us. This will include changes of marital
or civil partnership status or home address or agents acting on your behalf. It also
includes police investigation or anything that may result in charges or indictment.
We also expect to be treated politely and with respect by you and any agent acting
on your behalf. Good character includes your attitude to officials.
If your application is successful and you are living in the UK, you will be invited to
attend a citizenship ceremony. You will receive an invitation letter from the Home
Office and this will confirm the local authority you should contact to arrange your
ceremony. We expect you to arrange to attend a ceremony within 3 months of
receiving your invitation otherwise it will expire and you will have to reapply for
registration and pay a further processing fee.

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CITIZENSHIP CEREMONIES - WHAT DO YOU HAVE TO DO?
At the ceremony you will be asked to affirm or swear an oath of allegiance to Her
Majesty the Queen and to pledge your loyalty to the UK. Following this you will be
presented with your certificate of registration as a British citizen.
You must make immediate contact with the local authority, as you only have 3
months in which to attend the ceremony. The date by which you must attend
your ceremony will be given in your Home Office citizenship ceremony
invitation letter. If you do not attend the ceremony within 3 months without
good reason, your application for citizenship will be refused.
Making the Oath (or Affirmation) and Pledge at a citizenship ceremony is a legal
requirement, and the point at which you will become a British citizen. If you have
special needs or concerns about saying the Oath (or Affirmation) and Pledge in
English, you should bring these to the attention of the local authority once you have
your invitation letter.
When you make contact with the local authority you will be asked a number of
questions to establish your identity. Checks may be made to confirm your identity.
Ceremonies are arranged locally and reflect the particular community to which you
now belong. You will meet a local dignitary or celebrity and be told something about
the area and what can be expected of you as a British citizen.
Provision has been made by order under the Welsh Language Act 1993 for
prospective British citizens making the citizenship Oath (or Affirmation) and
pledge in Wales to do so in the Welsh language. The Citizenship Oath and Pledge
(Welsh Language) Order 2007 contains the approved translations and came into
force on 1 June 2007.

AND FINALLY
We hope that this guide has helped you to prepare and successfully apply for British
citizenship. If you have found it useful and our staff helpful, or if you had an
enjoyable citizenship ceremony, or if you have found our service unsatisfactory or do
not understand the outcome, why not tell us? You should email us in the first
instance to: ukbanationalityenquiries@ukba.gsi.gov.uk
If you remain unhappy with the service provided, you may wish to complain by
writing to:
UK Border Agency
North West Customer Services Unit
PO Box 99
Manchester Airport
M90 3WW

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7 Notes

1. United Kingdom means:


l England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle
of Man; and
l the Republic of Ireland at a time when it formed part of the United Kingdom
(that is to say, before 31 March 1922); and
l (in relation to birth) a ship or aircraft registered in the United Kingdom or an
unregistered ship or aircraft of the Government of the United Kingdom.
2. Parent includes:
l the adoptive parents of a child who has been legally adopted
(see Note 3)
3. Legal adoption – For the purposes of this guide (and registration under section
4C), this means adoption by order of a court in the United Kingdom and
Islands (i.e. the Channel Islands or the Isle of Man).
A child of any nationality who was adopted in the United Kingdom on or after 1
January 1950, or in the Channel Islands or Isle of Man after 1 April 1959,
automatically became a citizen of the United Kingdom and Colonies on his adoption
if the adoptive father (or adoptive mother, if she was the sole adopter) was a citizen
of the United Kingdom and Colonies at the time of the adoption.
4. Registration in the United Kingdom includes registration at the British High
Commission in an independent Commonwealth country.
It does not include:
l registration under section 6(2) of the British Nationality Act 1948
(registration on the grounds of marriage to a citizen of the United Kingdom
and Colonies) if the marriage took place after 28.10.71;
or
l registration under section 7 of the British Nationality Act 1948 (registration
of minors) at a High Commission after 28.10.71; or
l registration under section 12(6) of the British Nationality Act 1948 at a High
Commission.
5. Settled in the United Kingdom. Before 1 January 1983, this meant being
ordinarily resident in the United Kingdom without being subject to any time
limit under the immigration laws.

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6. Orders under section 32(8) of the British Nationality Act 1948
The following orders were made under section 32(8) of the 1948 Act:
Australia Citizenship Law (Australia) Order 1949; declaring the
Australian citizenship legislation to have come into force on
26 January 1949.
Canada Citizenship Law (Canada) Order 1948; declaring the
Canadian citizenship legislation to have come into force on 1
January 1947.
Ceylon Citizenship (Ceylon) Order 1948; declaring the Ceylonese
citizenship legislation to have come into force on 15
November 1948.
Newfoundland Newfoundland (Consequential Provisions) Act 1959
provided that a citizenship law for the purposes of section
32(8) of the British Nationality Act 1948 would be deemed to
have been enacted on 1 January 1949.
New Zealand Citizenship Law (New Zealand) Order 1949; declaring the
New Zealand citizenship legislation to have come into force
on 1 January 1949.
South Africa Citizenship Law (Union of South Africa) Order 1949;
declaring the South African citizenship legislation to have
come into force on 2 September 1949.
Southern Rhodesia Citizenship Law (Southern Rhodesia) Order 1950; declaring
the Southern Rhodesian citizenship legislation to have come
into force on 1 January 1950.

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