A person who has been granted indefinite leave to remain or has acquired a right of permanent residence in the United Kingdom and is at least 18 years old may be eligible to petition for Naturalised British Citizenship.

Can I apply for Naturalised British Citizenship?

To become a British citizen, you must satisfy specific statutory criteria regarding your immigration status, duration of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.

The requirements for Naturalised British Citizenship are slightly different depending on whether or not you are married to a British citizen.

In the event that you are not married to a British citizen or refuse to rely on your marriage to a British citizen, the Home Office must be satisfied that:

• You were 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 during the intervening five year period;
• You have not been in the UK in breach of the immigration laws at any time during that five year period;
• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
• You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
• You have taken and passed the Life in the UK test; and
• Your intentions are that if your application is successful your home (or principal home) will be in the UK.

If you are married to a British citizen, the Home Office must be satisfied that:

• You were in the UK on the day three years before the date of your application;
• You have not been absent from the UK for more than 270 days during the intervening three year period;
• You have not been in the UK in breach of the immigration laws at any time during that three year period;
• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
• You are not subject to any time limit on the period for which you may remain in the UK at the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
• You have taken and passed the Life in the UK test.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

Can I apply for British Citizenship straight after ILR?

You are eligible to petition for Naturalised British Citizenship immediately upon receiving Indefinite Leave to Remain if you are married to a British citizen. In order to obtain Naturalised British Citizenship, you must fulfil all of the aforementioned requirements. If you are not married to a British citizen, you must have been free of immigration time restrictions for a minimum of 12 months, immediately preceding the date of your application. If you are granted ILR, you will be eligible to petition for Naturalised British Citizenship 12 months later.

How many days can I stay outside the UK for British Citizenship?

In order to qualify for UK Citizenship, you will need to have spent not more than 90 days outside the UK during the 12 month period immediately before the date of your application for Naturalised British Citizenship. 

If you are not married to a British citizen, you will also need to have not been away from the UK for more than 450 days during the preceding 5 years.  If you are married to a British citizen, you will need to have spent not 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 individuals who aspire to naturalise as British citizens must possess "good character." Home Office nationality policy guidance elucidates the manner in which the "good character" requirement will be evaluated; however, the Act does not define the term.

This includes a non-exhaustive list of conduct that will indicate that an applicant is not of "good character," such as criminality, terrorism, financial stability, notoriety, deception and dishonesty, and immigration-related matters.

It is crucial to thoroughly evaluate the good character requirement in any application for Naturalised British Citizenship, as seemingly innocuous matters can result in an unfavourable decision.

It is imperative that any potential good character issues are identified and appropriately addressed as part of your UK Citizenship application with the assistance of an immigration counsel.

Is there any flexibility in the criteria for Naturalised British Citizenship?

The Secretary of State has the authority to consider petitioners for UK citizenship as satisfying some of the requirements, even if those requirements are not met. This encompasses:

• The permitted absence requirements (e.g. if you have been absent from the UK for more than 90 days in the 12 month period prior to your application);
• The 12 month ‘no time limit’ requirement;
• The requirement not to have been in the UK in breach of the immigration laws at any time during the three or five year qualifying period.

The Secretary of State has the authority to waive the language and life in the UK requirements based on the applicant's age, physical, or mental condition.

The Secretary of State is not authorised to waive or consider applicants to have met the following criteria:

• To have been in the UK at the start of the three- or five-year qualifying period (although there is some discretion in relation to members of the armed forces);
• To be free of any restriction on the period you may stay in the UK (i.e. to have been granted indefinite leave to remain in the UK or to have acquired a right of permanent residence);
• To be of good character.

It is crucial that any application for British citizenship that necessitates an exercise of discretion be meticulously prepared and presented. Advice from an immigration attorney should be obtained at the outset.

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

Certainly, EEA nationals and their family members are eligible to petition for UK citizenship.

Since June 30, 2021, they must either possess Settled Status at the time of application (or have submitted an application for Settled Status prior to June 30 and have a right of permanent residence) and prove that they have either held Settled Status or a right of permanent residence for 12-months prior to the date of application.

They will not require a document to demonstrate that they held the right to permanent residence; however, they will be required to provide pertinent evidence.

If EEA nationals and their family members have been granted indefinite leave to remain under the Immigration Rules on another basis for 12 months prior to the date of application, are entitled to exemption from UK immigration control by virtue of diplomatic status, or benefit as an Irish national, they may also apply for naturalisation.

What about BOTC’s, BNO’s, BOC’s etc?

Naturalisation is unlikely to be appropriate for you, as you are likely to have an alternative route to British citizenship through registration. However, if you are a British Overseas Territories Citizen, a British National (Overseas), a British Overseas citizen, a British subject, or a British protected person, you are not a British citizen.

Who can be a referee for a Naturalised British Citizenship application?

When applying for Naturalised British Citizenship, you will be required to submit two referees.

A referee should be a professional of any nationality who has professional standing, such as a civil servant, minister of religion, or member of a professional body such as a solicitor, barrister, or accountant (who is not representing you with the application).

The second referee must typically be a British citizen who is either a professional or over the age of 25 and possesses a British passport.

How much does it cost to apply for Naturalisation as a British Citizen?

The Home Office charges a fee of £1,330 for the application of naturalisation as a British citizen.

An additional £80 will be required to arrange a citizenship ceremony, which will include the administration of a citizenship oath and vow. As of March 29, 2019, these figures are accurate.

How long does it take to get British Citizenship?

The determination of applications for naturalisation as a British citizen may require up to 6 months. Nevertheless, the Home Office typically provides us with UK Citizenship decisions within a 3 month timeframe.

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

Yes, you are permitted to travel outside of the United Kingdom while your application for British citizenship is under review. When applying for British citizenship, you are permitted to retain your original passport and submit a fully certified copy. Subsequently, you may utilise your authentic, legitimate passport to travel abroad.

You will be required to establish an entitlement to re-enter the United Kingdom at the UK border, as a naturalisation application does not grant you immigration permission. Consequently, it is imperative that you possess documentation of your ILR or other valid immigration status when travelling.

It is important to note that you will typically be required to enrol your biometric information within 45 days of submitting your British citizenship application.

This may entail attending a biometrics appointment in person. Your application will be rendered invalid if you neglect to submit the necessary biometric information.

You may also wish to consider the fact that you will have 90 days to coordinate attendance at a citizenship ceremony in the UK if your British Citizenship application is approved.

What happens after I have applied for Naturalisation as a British Citizen?

You will be required to participate in a citizenship ceremony if your application for naturalisation as a British citizen is approved.

Upon completion of the ceremony, you will receive your certificate of naturalisation as a British citizen. Following this, you will be eligible to submit an application for a British passport.