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When are you British?
Posted: Wed Oct 15, 2014 12:07 pm
by Wanderer
I think I know the answer, saw it here somewhere but can't find it now.
After a visa journey of around 9 years, my partner had her Naturalisation approved last week, Ceremony still pending, we were box wondering when she actually becomes British? Is it on approval or at the Ceremony itself?
I thought it was at the ceremony but reading the approval letter it does say naturalisation is approved so logically it must be from the date of that letter?
Re: When are you British?
Posted: Wed Oct 15, 2014 12:14 pm
by CR001
You are only British once you have attended the ceremony, pledged or said oat etc and received your certificate, which will be dated for that day.
Re: When are you British?
Posted: Wed Oct 15, 2014 12:16 pm
by PaperPusher
Congratulations!
Re: When are you British?
Posted: Wed Oct 15, 2014 12:29 pm
by Wanderer
Now I'm not so sure, a lot of the Council web pages for the Citizenship Ceremony say this...
All new citizens must attend a citizenship ceremony after being granted citizenship and within 90 days of being invited to attend a ceremony. This is the final stage of becoming a British Citizen.
Re: When are you British?
Posted: Wed Oct 15, 2014 12:47 pm
by Casa
Confusing, as with most UKVI information. You don't acquire British Citizenship until you have attended the Citizenship ceremony, take the oath and receive your certificate.
Re: When are you British?
Posted: Wed Oct 15, 2014 12:50 pm
by t123456789
The council is wrong. It should read:
...after being granted permission to become a citizen...
OR ...after being invited to become a citizen...
I thought the actual point you become British is the moment you finish saying the oath or affirmation. I don't think you have to attend a ceremony as such but only certain people are allowed to administer the oath so the ceremony itself is more of a convenience than anything. From what I understand the certificate is just proof that you did indeed attend a ceremony and say the oath but is not required for you to become British.
Re: When are you British?
Posted: Wed Oct 15, 2014 12:54 pm
by Casa
If you fail to attend a ceremony (within the allotted time) you will not be granted BC. The crucial wording is ' This is the final stage of becoming a British Citizen.'
Re: When are you British?
Posted: Wed Oct 15, 2014 1:12 pm
by t123456789
See the guidance on page 54.
It seems you have to attend a ceremony (exactly what that is doesn't seem to be defined). You have to take the oath/affirmation and pledge of allegiance, the registrar must date the certificate and must, within 14 days, notify the HO you attended.
EDIT:
It's on page 66, 6.13.5:
Section 42B(1) of the 1981 Act, as amended, explains that a person 67 registered as a British citizen becomes such a citizen:
a. immediately on making the required oath and pledge; or
b. where the oath/pledge requirement is waived, the date on which he or she is registered
Section 42B(2) of the 1981 Act, as amended, explains that a person to whom a certificate of naturalisation as a British citizen is granted becomes such a citizen:
a. immediately on making the required oath and pledge; or
b. where the oath/pledge requirement is waived, the date on which the certificate is granted
Re: When are you British?
Posted: Wed Oct 15, 2014 1:31 pm
by Wanderer
I wonder what the rule was before the Ceremonies were introduced in what, 2004?
Re: When are you British?
Posted: Wed Oct 15, 2014 1:53 pm
by t123456789
Wanderer wrote:I wonder what the rule was before the Ceremonies were introduced in what, 2004?
See the same guidance, previous section. It was similar but if you were a citizen of a country that had the queen as head of state you didn't have to take the oath.