British Citizenship for South Africans

The most common route to British Citizenship for South Africans is via naturalization, but there are also other routes that may be available to you as a South African.

The various routes to are as follows:

British Citizenship by Naturalisation – this is for South Africans who have lived in the UK continuously for a long period. You must have held Indefinite Leave to Remain (ILR) status for at least 12 months, and you will usually be eligible for this after living in the UK for 5 years. So, South Africans will usually be eligible for Citizenship by Naturalisation within 6 years of living in the UK.

British Citizenship by Marriage – This is for South Africans who are in a civil partnership with or married to a British Citizen and have lived in the UK for at least 3 years. You can apply for British nationality this way as soon as you have been granted ILR status.

British Citizenship by Birth or Descent – If you were born in the United Kingdom after the 1st January 1983, then you could automatically be recognized as a British Citizen. If you have a British parent but were born overseas, you could also be eligible for citizenship by descent.

There are two ways that you can apply for British Citizenship, you can either make the application yourself using the relevant form for your route available on the gov UK website, or you can have a representative apply for you on your behalf.

Whichever route you choose, you will first need to gather an extensive portfolio of evidence to support your application. The evidence you need will vary depending upon the British nationality route you have chosen but this portfolio is vital to the success of your application as it will prove that you can meet all the relevant requirements.

As mentioned, you can complete the application yourself if you wish, but it’s highly recommended that you seek the assistance of an immigration lawyer due to the complexity of the application process.

You can submit your application from both the UK or South Africa. Once you have submitted your application, as well as the supporting documents, you will need to have your biometric details taken. This is your photograph and fingerprints, and they are taken for the purpose of proving your identity, you will need to go to your nearest UKVCAS centre to have this done.

The Home Office may ask you for additional documents after you have submitted your application.

The main eligibility requirement for naturalisation is to have held Indefinite Leave to Remain (ILR) status for at least 12 months. To achieve this status, you would have had to live legally in the UK for a certain period of time, usually 5 years. As well as this, there are other requirements you will need to meet to be granted British nationality by Naturalisation, these include:

• Being 18 years old or over
• Passing the Life in the UK test
• Demonstrating your knowledge of the English language
• Meeting the Good Character requirements
• Continuous residence in the UK, meaning you can’t have spent more than 450 days outside of the UK during your qualifying period
• No breach of immigration rules during your residency in the UK

To be eligible for British Citizenship by Marriage as a South African, then you must be married to or in a civil partnership with a British Citizen.  However, being married to a British national will not automatically qualify you for British nationality, you will still need to go through a form of naturalisation. You will need to have lived in the UK for at least 3 years before you are eligible. People who are granted British nationality by marriage usually live in the UK under a Spouse Visa before applying.

As well as being married to a UK national and living in the UK for at least 3 years, there are also a number of other requirements that you will need to meet to become a UK citizen by marriage.

You will also need to:

• Be aged 18 or older
• Demonstrate your “good character”
• Have lived in the UK for at least 3 years and you must not have spent more than 270 days outside of the UK in this time
• Have been granted settled status under ILR
• Prove that you have a knowledge of the English language by passing an English language test as a registered facility
• Pass the Life in the UK test

You cannot apply for British Citizenship by Marriage is your partner has died before you have submitted your application, but you may still be eligible for British nationality through another immigration route.

For a South African to be granted Citizenship by Descent, you will normally have to have been born in South Africa but have at least one parent of British nationality who was a British Citizen at the time of your Birth.

In some circumstances, you may also be eligible for nationality by Descent if you have a British grandparent.

Because you were not awarded nationality at birth, you will still need to meet certain eligibility criteria to qualify for Citizenship by Descent, you could be eligible if you:

• Were born outside of the UK to a parent who was a ‘British Citizen otherwise than by descent’
• Were born outside the UK on or after 1 January 1983 to a mother who was a British Citizen or settled person in the UK
• Were born outside the UK on or after 1 January 1983 to parents who were married, and where the father was already a British national or settled person
• Were born outside the UK on or after 1 July 2006 and either of your birth parents were a British citizen or settled person

The requirements become more complicated if you were born before 1 January 1983 due to changing UK nationality laws. If you were born before this date but think you may still qualify for nationality you can speak to one of our expert attorneys who can discuss your circumstances with you.

Alongside your application, you will need to submit a portfolio of supporting documents that will act as evidence that you can meet the eligibility requirements. This is the most important part of your application, so it’s vital that you make sure that you have everything you may need.

Some of the documents that you will need to provide in your portfolio include:

• Proof of your identity – this can include your passport, your birth certificate, driving licence, or other relevant travel documents
• Confirmation that you were lawfully resident in the UK during your qualifying period
• Proof that you have Indefinite Leave to Remain in the UK
• Proof of your previous immigration status (including before settling in the UK)
• A letter to confirm you’ve passed the Life in the UK test
• Details of any time spent outside the UK during your qualifying period

The Home Office will examine your portfolio and use it to make a decision about your application. It’s worth noting that any documents not written in either English or Welsh must be translated before you submit them.

Any documents you send with your application will be sent back to you once your application has been processed. They will usually be sent back using standard 2nd class postage, however you can get your documents sent back using recorded or special delivery. To do this you’ll need to provide the Home Office with a pre-paid and self-addressed envelope large enough to fit your documents into.

Applying to become a British citizen is an expensive process, the fees are as follows:

• £1,605 for British citizenship by naturalisation
• £130 for the citizenship ceremony

As well as these fees you should also consider other costs you may incur as part of your application, this includes the cost of the Life in the UK test, an English language test, and any document translations you may need.

The processing time for British Citizenship applications can vary. The Home Office claims that they aim to process applications within 6 months. However, this timescale varies, some will receive a decision on their application sooner than this and for some, it will take longer.

The processing time could be delayed if the Home Office need any additional information or documents from you once you have made your application.

You should note that you will not have access to the documents you have sent of with your application until it has been processed, so should prepare to not be able to use any of these documents for at least 6 months.

To speed up the application process, you can make sure that your portfolio of evidence is comprehensive and that there are no errors in your application. The Home Office also offers priority and fast-track services for an additional fee.

A referee is someone who will certify your application for British Citizenship by establishing your identity and to apply to become a UK citizen you’ll need the signature of two referees.

Your referees must have known you for at least 3 years, they cannot be related to you and they also cannot be related to each other. At least one of your referees must have some sort of professional standing, this means they must be in a certain profession which includes roles such as doctors, teachers, accountants and much more. This person does not need to be a British citizen.

Your second referee does need to be a British citizen and they must also be over the age of 25.

As well as not being related to you, your referees also must not:

• be your legal representative
• be employed by the Home Office
• have been convicted of an imprisonable offence in the last 10 years for which the sentence is not spent under the Rehabilitation of Offenders Act 1974

Due to the restrictions and specifications, finding two suitable referees is often difficult for those applying to become a UK citizen, but our attorneys can help you with this process.

South Africans applying for British nationality can get dual British and South African Citizenship. Dual citizenship will allow you to live in both South Africa and the United Kingdom.

It’s important to note that whilst you still apply for British nationality in the same way if you would like to retain your South African citizenship, then you need to apply for the retention of your South African Citizenship before you acquire your British Citizenship. Otherwise, you will lose your status as a South African citizen.

If you do lose your South African citizenship this way it is possible to have it re-instated but this is a complex process.

To retain your South African Citizenship, you’ll first need to apply for a Certificate of Non-Acquisition from the UK Home Office. This will prove that you have not already been granted British citizenship. Once you have this, you’ll need to apply for a Certificate of Retention from the South African High Commission. You can apply for this either in person or via post.

Here at the Immigration Advice Service, our expert lawyers have helped thousands of people to successfully apply for British Citizenship. Because of the high standard of training that all of our lawyers have received, they are able to offer several services that can help you with your application for British Citizenship.

Just a few of these services include:

Application Package – this is for those who would like support throughout the entire British Citizenship application process. With this service, one of our lawyers will help you to fill in the application form, gather your portfolio of evidence, apply to the Home Office on your behalf, and will even liaise with the Home Office for updates regarding your application.

Advice Package – this is for those who are unsure of their British Citizenship options. With this service, one of our lawyers will discuss your situation with you and will offer their professional legal opinion as to what your best options are. This untimed advice session will also give you the chance to ask any questions you may have about British Citizenship

Document and application checks – this service is for those who have already completed their British Citizenship application but would like it professionally checked before submitting it. With this service, one of our lawyers will examine your application and ensure that there are no errors or inaccuracies, minimizing the chances of refusal.

Fast-track application services – This is for those who want to submit their British Citizenship application as quickly as possible. With this service, one of our lawyers will dedicate their time to having your application completed and submitted in as little as 24 hours.

Our IAS lawyers can assist you with your application no matter where you are. They offer appointments in person, at one of our offices located across the UK, as well as over the phone, or via Skype call.

To find out more about the ways they can help you, or to begin your British Citizenship application today, simply get in touch on 0333 305 3612. 

If your application for British Citizenship is successful, then you’ll need to attend a citizenship ceremony. This will be the final step in your journey to becoming a British Citizen. Your ceremony will usually be with a group of people who have also recently been granted citizenship, but there are also options to have a private ceremony.

Once you have received your citizenship certificate, you’ll be able to apply for your first British passport that will prove your identity as a British Citizen and allow you to travel in and out of the UK.

You’ll be given the same rights as any other UK citizen, which means you can also put your name on the electoral register and will be able to vote in any UK elections and referendums once you have done this. You’ll also be eligible to run for public office if you wish.