British Citizenship Application

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Can I apply for British Citizenship by Naturalisation?

In order to be naturalised as a British citizen, you will need to satisfy a number of statutory criteria relating to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and your good character. These requirements are designed to ensure that applicants are properly integrated and committed to life in the UK. The eligibility conditions for British Citizenship by Naturalisation differ slightly depending on whether you are married to a British citizen or not, reflecting different legal pathways available.

Apply for UK Citizenship: Not married to a British citizen

If you are not married to a British citizen, or do not wish to rely on your marriage to one, the Home Office will require clear evidence that:

  • You were physically present in the UK on the day five years before the date of your application;

  • You have not been absent from the UK for more than 450 days throughout this five-year qualifying period;

  • You have complied with UK immigration laws at all times during this period and have not overstayed or breached the conditions of your stay;

  • You have not been outside the UK for more than 90 days in the 12-month period immediately prior to submitting your application;

  • You currently have no restrictions on the period you may remain in the UK and have not had such limits applied to you during the 12 months immediately before applying;

  • You are considered to be of good character, which includes factors such as your criminal record and financial history;

  • You possess the required knowledge of one of the official languages—English, Welsh, or Scottish Gaelic;

  • You have successfully passed the Life in the UK test, demonstrating your understanding of British culture, history, and society; and

  • You genuinely intend, if your application is approved, to make the UK your main home or principal residence.

Meeting these criteria is essential to ensure your naturalisation application has the best possible chance of success.

Apply for UK Citizenship: Married to a British Citizen

If you are married to a British citizen, the Home Office must be fully satisfied that several important conditions are met before granting UK citizenship. First, you must have been physically present in the UK on the exact day that marks three years prior to the date of your application. Additionally, during this three-year qualifying period, you must not have been absent from the UK for more than 270 days in total. It is also essential that you have not overstayed or been in breach of any immigration laws at any time during these three years.

Furthermore, in the 12 months immediately before you submit your application, your absences from the UK should not have exceeded 90 days. At the time of your application, you must not be subject to any time restrictions on your stay in the UK, such as limited leave to remain. The Home Office will also assess whether you are of good character, which typically involves checks against criminal records and other relevant factors.

You will need to demonstrate sufficient knowledge of the English, Welsh, or Scottish Gaelic language, which ordinarily requires passing an approved language test. Additionally, you must have successfully taken and passed the Life in the UK test, which assesses your understanding of British customs, history, and society.

Please note that the exact requirements may differ based on your specific personal and immigration circumstances. To ensure you meet all criteria and increase the likelihood of a successful application, it is advisable to consult with an experienced immigration solicitor who can provide tailored legal guidance throughout the process.

Can I apply for British Citizenship straight after ILR?
If you are married to a British citizen, you may apply for British Citizenship by naturalisation immediately after being granted Indefinite Leave to Remain (ILR). However, you must also meet all other requirements for British Citizenship by naturalisation as outlined above. On the other hand, if you are not married to a British citizen, you must have held ILR for at least 12 months without any immigration time restrictions before you can apply. This means you will become eligible to apply for British Citizenship by naturalisation only 12 months after being granted ILR.

How many days can I stay outside the UK for British Citizenship?
To qualify for UK Citizenship, you must not have spent more than 90 days outside the UK during the 12-month period immediately before the date of your application for British Citizenship by naturalisation. If you are not married to a British citizen, there is an additional requirement that you must not have been outside the UK for more than 450 days during the preceding 5 years. If you are married to a British citizen, the limit on days spent outside the UK is more lenient, allowing for no more than 270 days outside the UK in the previous 3 years.

What is the good character requirement for British Citizenship?
The British Nationality Act 1981 mandates that anyone applying for naturalisation as a British citizen must be of ‘good character’. Although ‘good character’ is not explicitly defined in the Act itself, the Home Office’s nationality policy guidance provides detailed criteria on how this is assessed. This guidance highlights a broad range of conduct that may indicate an applicant is not of ‘good character’. Factors include, but are not limited to, criminal convictions, involvement in terrorism, financial mismanagement, notoriety, deception or dishonesty, and breaches related to immigration rules. Applicants must therefore demonstrate that they meet this requirement to be eligible for citizenship.

The good character requirement must be carefully reviewed in any British Citizenship application by Naturalisation, as even minor issues can cause refusal. An immigration lawyer can help spot and handle any potential concerns to support your application.

Is there any flexibility in the criteria for Naturalisation as a British Citizen?

The Secretary of State has a certain degree of discretion to consider applicants for UK Citizenship as meeting some of the requirements even in cases where those requirements are not strictly fulfilled. This flexibility includes several key areas, such as the permitted absence requirements—for example, if you have been absent from the UK for more than 90 days within the 12 months prior to your application. It also applies to the 12 month ‘no time limit’ requirement and the rule that applicants must not have been in the UK in breach of immigration laws at any time during the three or five year qualifying period. Additionally, the Secretary of State may exercise discretion to waive the language and Life in the UK test requirements on grounds related to the applicant’s age or physical or mental condition, recognizing circumstances where compliance may not be possible.

However, it is important to note that the Secretary of State does not have discretion to waive or treat applicants as meeting certain fundamental requirements. These mandatory conditions include having been present in the UK at the start of the three or five year qualifying period, although there is some limited flexibility for members of the armed forces. Applicants must also be free of any restrictions on their right to stay in the UK, meaning they should have been granted indefinite leave to remain or acquired permanent residence rights. Another non-negotiable criterion is demonstrating good character, which is assessed rigorously.

Given the complexities involved, any application for British Citizenship that requires the exercise of discretion by the authorities must be prepared and presented with great care. It is strongly advised to seek early guidance and professional advice from an experienced immigration lawyer to ensure that all aspects of the application meet legal standards and increase the likelihood of a favourable outcome.

Can EEA / EU Nationals and their family members apply for Naturalisation as a British Citizen?

Yes, EEA nationals and their family members are eligible to apply for UK Citizenship through naturalisation. Since 30 June 2021, applicants are required to hold Settled Status at the time of their application, or alternatively, have made an application for Settled Status before 30 June 2021 while maintaining a right of permanent residence. Additionally, they must show that they have held Settled Status or the right of permanent residence for at least 12 months before the date of their application. While there is no obligation to submit a specific document proving the right of permanent residence, applicants must provide appropriate and relevant evidence supporting their status.

Furthermore, EEA nationals and their family members may also apply for naturalisation if they have been granted indefinite leave to remain under the UK Immigration Rules on other grounds for a period of 12 months prior to applying. Similarly, individuals entitled to exemption from UK immigration control due to diplomatic status or those who benefit from their status as Irish nationals may also be eligible to apply through naturalisation.

What about BOTCs, BNOs, BOCs, etc.?

If you are a British Overseas Territories Citizen (BOTC), a British National (Overseas) (BNO), a British Overseas Citizen (BOC), a British subject, or a British protected person, you are not classified as a British citizen. For most of these groups, naturalisation is not usually the appropriate route to obtain British citizenship. Instead, you are more likely to have alternative pathways available through registration processes that are specifically designed for persons holding these forms of British nationality.

Who can be a referee in a British Citizenship application?

When applying for British Citizenship by naturalisation, you must provide two referees to support your application. One referee must be a person of any nationality who holds professional standing. This can include a minister of religion, a civil servant, or a member of a professional body such as an accountant, solicitor, or barrister, provided that they are not representing you or involved in your application process in any legal capacity. The second referee is typically required to be a British citizen who holds a British passport and is either a professional person or over the age of 25 years. This combination ensures that the referees provide credible and reliable verification of your identity and good character during the citizenship application process.

Can I leave the UK while waiting for my UK Citizenship application to be processed?

Yes, once you have formally applied for British Citizenship, you are permitted to travel outside the UK while your application is being reviewed and processed. When submitting your British Citizenship application, you should provide a full certified copy of your passport with your application but retain your original passport in your possession. This original valid passport can then be used to travel overseas during the waiting period. It is important to understand that a naturalisation application on its own does not grant you any immigration permission or automatic right of re-entry into the UK. Therefore, you must be prepared to demonstrate your entitlement to return by carrying relevant evidence, such as your Indefinite Leave to Remain (ILR) status or another valid immigration status. Additionally, you should remember that you will generally be required to enrol your biometric information within 45 days of submitting your citizenship application. This typically means attending a biometric appointment in person, and failure to do so will result in your application being invalidated. Furthermore, if your application is approved, you should note that you will have up to 90 days to arrange and attend a citizenship ceremony within the UK, which officially completes the process.

What happens after I have applied for British Citizenship?

If your naturalisation application as a British citizen is successful, the next step will be to attend a citizenship ceremony, which formalises your new status. At the conclusion of this ceremony, you will be presented with your certificate of naturalisation, confirming your status as a British citizen. Following this, you will be eligible to apply for a British passport, allowing you to travel internationally as a British citizen.

How much does it cost to apply for Naturalisation?

The Home Office application fee for submitting an application for Naturalisation as a British Citizen is currently £1,730. In addition to this, you will need to pay a further £130 to arrange and attend a citizenship ceremony, which includes the administration of the citizenship oath and pledge at the ceremony.

How long does it take to get British Citizenship?

Applications for Naturalisation as a British Citizen can take up to 6 months to be fully processed and decided upon by the Home Office. However, in practice, we usually receive decisions regarding UK Citizenship from the Home Office within approximately 3 months after submitting the application, barring any complications or additional requests for information.

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