Can You Get British Citizenship by Naturalisation?
Obtaining British Citizenship by Naturalisation is a life-changing milestone, but the application process is complex and high-stakes. One misstep could lead to rejection, delaying your dreams and causing unnecessary stress.
Our solicitors are highly successful in British citizenship by naturalisation applications and able to provide competitive legal services to ensure the most favourable outcome possible.
Routes for British Citizenship by Naturalisation
Becoming a British citizen can be achieved through various pathways:
Naturalisation: For adults who were not born in the UK but meet the residency and other legal requirements.
Registration: For certain individuals with different forms of British nationality or substantial connections to the UK.
Birth in the UK (Ius Soli): If at least one parent is a British citizen or has settled status at the time of the child’s birth.
Birth Abroad (Ius Sanguinis): Children born outside the UK to British parents are not automatically British citizens. Parents must complete the MN1 application form before the child turns 18 to secure citizenship.
Adoption: If the adoption order is made by a UK court before the child turns 18, the child can become a British citizen.
Our solicitors provide expert advice and support for naturalisation applications which is the main pathway to British citizenship. Nevertheless, we can also assist you with the other routes to British citizenship.
How to Qualify for UK Citizenship by Naturalisation?
British naturalisation is the primary pathway for individuals with foreign citizenship to obtain British nationality. If you have:
- Lived in the UK for five years
- Possess Indefinite Leave to Remain (ILR)
you may be eligible to apply for British citizenship. Obtaining British citizenship grants you the right to reside in the UK permanently, enjoying the same privileges as a UK citizen.
Our team of expert immigration solicitors at Axis Solicitors are dedicated to assisting our clients and their families with every aspect of applying for British citizenship. Our speciality is collecting and reviewing documentation to ensure any applications made have compelling evidence of fulfilling all the necessary eligibility criteria and requirements.
Understanding British Citizenship by Naturalisation
British naturalisation is the primary pathway for individuals with foreign citizenship to obtain British nationality. Those who successfully naturalise gain the full spectrum of rights enjoyed by British-born citizens.
As a naturalised British citizen, you can live and work in the UK without any immigration restrictions, making this a pivotal step for anyone looking to permanently reside in the UK.
To qualify for British naturalisation, applicants must satisfy specific requirements and exhibit attributes that indicate their suitability for British citizenship, including:
- Completing the Life in the UK Test: This government-administered test evaluates your knowledge of British life, traditions, and societal norms, as outlined by the Home Office.
- Demonstrating Language Skills: Proficiency in a recognised British language, such as English, Welsh, or Scottish Gaelic, is required. This often necessitates passing an IELTS test to confirm your ability to speak, read, and write the language competently.
- Exemplifying Good Character: Applicants must show a clean criminal record and adherence to immigration laws, reflecting their integrity and respect for legal norms.
By meeting these conditions, you can advance your application for British naturalisation, ultimately integrating into British society as a fully recognised citizen.
Assessing Your Eligibility for British Citizenship by Naturalisation
Becoming a naturalised British citizen eliminates the need for visa applications and removes the limitations associated with Indefinite Leave to Remain (ILR).
For non-EEA citizens looking to settle in the UK from outside Europe, naturalisation is generally required after living in the UK legally for five years or holding settled status for twelve months.
- Alternatively, those with ancestral ties to the UK may have a claim to British citizenship.
The criteria for British citizenship are stringent, marking the culmination of a foreign national’s journey to full UK citizenship. As a British citizen, you can apply for a British passport, enabling visa-free travel to many countries.
Due to the intricate nature of British nationality laws and immigration policies, it is highly recommended to seek professional legal advice. immigration solicitors provide thorough guidance and support, evaluating your eligibility and assisting in the preparation of your application to improve your chances of success.
For adult non-EEA nationals aspiring to British citizenship, meeting the residency requirement is essential. Typically, this involves five years of lawful residence in the UK. However, spouses of British citizens may qualify after three years. Your eligibility period will be determined by your current and previous immigration status.
General Requirements for British Citizenship by Naturalisation
To become a naturalised British citizen, you must satisfy the detailed eligibility criteria set out in the British Nationality Act 1981.
The key requirements are as follows:
- Age and Mental Capacity:
- You must be at least 18 years old.
- You must be of sound mind, possessing full mental capacity.
- Residence in the UK:
- You must have lived in the UK for a minimum of five years, known as the ‘five-year route’.
- During these five years, you should not have spent more than 450 days outside the UK.
- In the 12 months before your application, you must not have spent more than 90 days outside the UK.
- If you are married to a British citizen, you need to have lived in the UK for at least three years and not have spent more than 270 days outside the UK during that period.
- Immigration Status:
- You must have held Indefinite Leave to Remain (ILR) for at least one year prior to your application.
- At the time of your application, you must be free from any immigration restrictions.
- Depending on your nationality, this can be shown through ILR, a UK permanent residence card, or an EU settled status visa.
- Compliance with UK Laws:
- You must have adhered to all UK immigration laws and have no history of breaches.
- Good Character:
- Demonstrating good character is essential, typically indicated by a clean criminal record and compliance with laws and regulations.
- Intent to Reside:
- You must intend to live permanently in the UK once you obtain citizenship.
- You are also eligible if you plan to live and work abroad for the UK government or a British company.
- Language Proficiency:
- You must meet the English language requirements, usually by showing evidence of B1 CEFR level proficiency.
- Exemptions exist, and proficiency in Welsh or Scottish Gaelic is also accepted.
- Life in the UK Test:
- You need to pass the Life in the UK Test, which assesses your knowledge of British culture, traditions, and customs.
Meeting these comprehensive criteria is essential for a successful application for British naturalisation, allowing you to become a fully integrated member of British society.
Can I Apply for British Citizenship by Naturalisation?
If you are at least 18 years old and hold Indefinite Leave to Remain (ILR) or have acquired the right of permanent residence in the UK, you may be eligible to apply for British Citizenship by Naturalisation.
To be naturalised as a British citizen, you must meet specific statutory criteria regarding your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character. The requirements for British Citizenship by Naturalisation vary slightly depending on whether you are married to a British citizen.
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 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 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 months immediately preceding the date of your application;
- You are not subject to any time limit on your stay in the UK and have not been subject to any such time limit at any time during the 12 months 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 intention is that, if your application is successful, your home (or principal home) will be in the UK.
Application for UK Citizenship: Married to a British Citizen
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 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 months immediately preceding the date of your application;
- You are not subject to any time limit on your stay 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 specific requirements you need to satisfy will depend on your individual circumstances. For expert guidance and support with your British Citizenship by Naturalisation application, contact Axis Solicitors today.
English Language Requirements for Obtaining British Citizenship by Naturalisation
To be eligible for British citizenship as a non-EEA adult applicant, you must demonstrate sufficient knowledge of a British language, which can be English, Welsh, or Scottish Gaelic.
The UK Visas and Immigration (UKVI) department only recognises officially approved English language test qualifications from approved test centres. This typically requires passing an IELTS (International English Language Testing System) test and obtaining at least a B1 level certificate certified by ESOL (English for Speakers of Other Languages). You must prove your language proficiency by passing both the listening and speaking components of the test.
Most other English language qualifications, such as NVQs and GCSEs, are not accepted. Furthermore, some valid qualifications are only valid for about two years before they need to be renewed. Expired certificates are generally not accepted by the Home Office, unless they were previously used for another immigration application, such as Indefinite Leave to Remain or a visitor visa.
Meeting these language requirements is necessary to ensure your application for naturalisation is going to be approved.
Exemptions from the English Language Requirements for Naturalisation
There are specific situations where you may not need to prove your proficiency in a British language when applying for naturalisation. These exemptions include:
- Educational Background:
- If you hold a degree that was taught or researched in English, you can use this as proof of your language skills.
- Age Consideration:
- Applicants aged 65 or older are not required to demonstrate language proficiency.
- Medical Conditions:
- If you have a long-term physical or mental condition that significantly impacts your ability to learn or demonstrate language skills, you may be exempt.
If your degree was obtained from an overseas institution and you wish to use it for exemption purposes, you may need to provide an Academic Qualification Level Statement (AQUALS). This statement confirms that your degree is equivalent to a UK degree and was conducted in English.
These exemptions can help streamline the naturalisation process by removing the need for additional language testing under qualifying conditions.
The ‘Good Character’ Requirement for British Citizenship by Naturalisation
A vital aspect of the naturalisation process is proving that you possess ‘good character’. This requirement ensures that applicants have consistently respected UK laws and have maintained a responsible and lawful record both in the UK and abroad.
Key Elements of the ‘Good Character’ Requirement
- Legal and Responsible Living:
- You must demonstrate that you have lived in the UK legally and responsibly.
- This includes following all UK laws and regulations during your residence.
- Comprehensive Background Check:
- The Home Office will review your entire background, including your previous immigration statuses, travel history, financial conduct, and any criminal records.
- These checks are essential to confirm your eligibility for British citizenship under stringent nationality laws.
- Criminal Records and Their Impact:
- Applicants with criminal records may be deemed not to meet the ‘good character’ requirement and thus be ineligible for naturalisation.
- Those with custodial sentences of four years or more will generally be considered not to have ‘good character’, leading to automatic denial of their applications.
- Full Disclosure:
- It is crucial to disclose all details of your criminal history and any relevant records to UK authorities.
- Failure to provide complete information will result in the automatic rejection of your application.
Demonstrating ‘good character’ is essential for a successful naturalisation application. Maintaining a clear legal record and being transparent about your past are key to meeting this requirement and achieving British citizenship.
Can I Apply for British Citizenship by Naturalisation Immediately After ILR?
If you are married to a British citizen, you can apply for British citizenship by naturalisation as soon as you have been granted Indefinite Leave to Remain (ILR). However, you must still meet all other requirements for British citizenship by naturalisation.
If you are not married to a British citizen, you must be free of immigration time restrictions for at least 12 months immediately before your application. This means you will be eligible to apply for British citizenship by naturalisation 12 months after being granted ILR.
For expert assistance and to ensure a successful application, contact Axis Solicitors today.
How Many Days Can I Stay Outside the UK for British Citizenship by Naturalisation?
To qualify for British citizenship by naturalisation, you must meet specific residency requirements regarding time spent outside the UK:
- During the 12 months immediately before your application, you must not have spent more than 90 days outside the UK.
- If you are not married to a British citizen, you must not have spent more than 450 days outside the UK during the five years preceding your application.
- If you are married to a British citizen, you must not have spent more than 270 days outside the UK during the three years preceding your application.
Meeting these residency requirements is crucial to ensuring your eligibility for British citizenship. For professional guidance and to enhance your application’s success, contact Axis Solicitors as soon as possible.
How to Apply for British Citizenship
Applying for British citizenship is a detailed process that requires careful preparation. To apply independently, you will need to complete and submit Form AN, the application for naturalisation as a British citizen. This comprehensive 30-page form requires extensive information and is supported by guidance notes and a booklet to assist you.
Steps to Completing Your Application
- Form AN Completion:
- Form AN is organised into multiple sections that gather detailed information about you.
- You will need to include biographical data, employment status, information about any dependants, and proof of residency in the UK.
- If you are applying as the spouse of a British citizen, you must provide substantial evidence of your relationship.
- Two referees must be appointed to sign and verify your application.
- Required Information:
- Personal Details: Include your contact details, as well as those of your parents and partner. Also, provide employment information and evidence of your knowledge of life in the UK.
- Residency Requirements: Provide information about your current UK residence and any absences from the UK in the five years before your application. EEA and Swiss nationals must include details of their permanent residence.
- Good Character Evidence: Disclose any prior convictions, cautions, or criminal background information, both in the UK and abroad.
- Referees: Provide full personal and contact details for two designated referees.
- Biometric Data: Submit a photograph and fingerprint scans, which will be taken at a local UKVCAS service point.
- Declaration: Strengthen your application with supporting documents that demonstrate your eligibility and suitability for British citizenship.
Enhancing Your Application
- Detail and Accuracy:
- Complete every section of Form AN with as much detail as possible to demonstrate your eligibility.
- Supporting Documents:
- Collect all necessary documents, including proof of residency, employment details, and evidence of good character.
- Relationship Evidence:
- If applying as a spouse, provide comprehensive evidence of your relationship with the British citizen.
- Referee Appointment:
- Choose two referees who meet the required criteria and ensure they sign your application.
- Biometric Submission:
- Attend a local UKVCAS service point for your photograph and fingerprint scans.
- Verification:
- Carefully review all information and documents for accuracy before submission.
By following these steps and ensuring all information is thorough and accurate, you can increase the likelihood of a successful application for British citizenship. For professional assistance and to ensure your application is as strong as possible, consider consulting with Axis Solicitors, where our experienced team can guide you through each step of the process.
Reasons for British Citizenship by Naturalisation Refusal
There are several reasons why a British naturalisation application might be refused, often related to issues of criminality or compliance. Some of the most common reasons include:
- Outstanding County Court Judgments (CCJs)
- Tax-related issues
- Employment history concerns
- Failing to meet the good character requirement
Previous convictions can also result in refusal, with the decision influenced by factors such as the type of sentence (custodial or non-custodial), the duration of the sentence, and whether the offence was isolated or repeated.
No Appeal Process
Currently, there is no appeal process if your naturalisation application is refused. However, there are alternative steps you can take:
- Request for Reconsideration:
- If you believe your application was wrongly refused, you can submit a Request for Reconsideration. This costs £450 and involves the Home Office reviewing their original decision.
- Submit a New Application:
- You can choose to submit a new application, though this will require paying the application fee again.
Tips for a Strong Application
Due to the complexity of the British naturalisation application, many applicants find it beneficial to seek expert guidance. An experienced immigration lawyer can help ensure that all necessary documents are included and that your application is as strong as possible.
Axis Solicitors can provide professional assistance, guiding you through the entire process and helping you compile a robust application for British citizenship. Contact us to ensure your application is complete and accurately represents your eligibility.
Professional Guidance
If you think your application may be at risk of refusal, consulting with an immigration lawyer is highly recommended. A lawyer can help you understand your options and develop a strategy to strengthen your application.
At Axis Solicitors, our team of experienced immigration lawyers is here to assist you with your naturalisation application. We can help you navigate potential issues and improve your chances of success. Contact us today for expert advice and support.
Differences Between British Citizenship by Naturalisation and Indefinite Leave to Remain (ILR)
Both British Citizenship by Naturalisation and Indefinite Leave to Remain (ILR) allow you to work, study, and live in the United Kingdom without immigration restrictions. However, there are important distinctions between these two statuses:
British Citizenship
With British Citizenship/Nationality, you enjoy the full rights of a UK citizen, including:
- Unrestricted Travel: You can leave and re-enter the UK without any immigration controls.
- No Absence Limitations: There are no restrictions on the length of time you can spend outside the UK. Unlike ILR, your status will not be affected by prolonged absences.
- Full Civic Rights: You gain the right to vote in UK elections, run for public office, and hold a British passport.
Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain grants you the right to reside in the UK permanently, with the following benefits and conditions:
- Access to Public Funds: You can access public funds, including government bursaries, state pensions, and other benefits.
- Visa-Free Entry: You can enter and return to the UK without needing to apply for a visa.
- Pathway to Citizenship: ILR is often the final step before applying for naturalisation as a British citizen.
However, there are some limitations:
- Absence Restrictions: You must not be absent from the UK for more than two years. Exceeding this period may result in the loss of your ILR status.
- No Full Civic Rights: Unlike British citizens, ILR holders cannot vote in general elections, run for certain public offices, or hold a British passport.
Conclusion
While both statuses offer significant advantages, British Citizenship provides more comprehensive rights and freedoms compared to ILR. If you plan to live abroad for extended periods or wish to fully integrate into UK civic life, pursuing naturalisation after obtaining ILR is advisable. For personalised advice and assistance with your application, consider consulting with Axis Solicitors, where our experienced team can guide you through every step of the process.
Renouncing your Nationality
If you are a holder of dual nationality (citizen of another country), you can renounce your UK citizenship by naturalisation status. Nonetheless, you may not need to give up your British nationality if you wish to register as a citizen of another country that allows dual Citizenship. However, if you are willing to give up your British citizenship, for instance, to become a citizen of any other country that does not allow British Citizenship. You will receive a ‘declaration of renunciation’ once your request is approved. While this may affect your UK naturalisation, other family members can retain their UK citizenship as British nationals.
Please keep in mind, that you must be:
- at least 18 years old
- meet the ‘sound mind’ requirements (be legally considered to make your own decisions)
Apply for resumption if you have changed your mind and want to resume your British nationality status. It is crucial to keep in mind while ‘resuming’ your Citizenship in the UK that you continue to satisfy the good character requirements per Home office Policy to reclaim your citizenship status in the UK.
Requirements to apply for UK Citizenship by descent
You may apply for UK citizenship/naturalisation by descent if:
- You were born (outside the UK/ abroad).
- Your grandfather was a British born employed in crown service.
Please bear in mind that you will not ‘automatically’ acquire nationality by descent in the UK if your parents were British Citizens.
Track British Citizenship by Naturalisation application UK
Generally, the average processing time for a UK Citizenship application is within three to six weeks or even longer, depending on the complexity of your case.
Interestingly, you are free to travel abroad while your UK Citizenship application is still in the process. Although the online tracking system is not available, you may stay in contact with the UKVI via email or a call to inquire about your status.
UK Citizenship by Birth & by Descent
You would be British by birth if you were born in the United Kingdom prior to 1 January 1983, however if you were born after 1 January 1983, you would only be British if one of your parents was British or held an Indefinite Leave to remain at the time of your Birth.
If you are born outside the UK to a British parent you will be British by descent but will require registration as a British Citizen.
Documents Required for British Citizenship Application
Applying for British citizenship is a detailed and intricate process with a non-refundable fee. It is crucial to ensure that your application is thorough and meticulously prepared to maximise your chances of success. Below are the essential documents you need to include:
- Certification Proofs like life in the UK test certificate & IELTS certificate (if applicable).
- Biometric Residence Permit (BRP) or card and eVisa or proof of Indefinite Leave to Remain (ILR).
- All travel documents from the past five years to verify continuous residence in the UK.
- Original passport showing your current nationality with documentation of any previous visas you have held.
- Evidence that you are free from UK immigration restrictions.
A well-organised application will help the Home Office assess your case more effectively and potentially expedite the process.
Process to Apply for British Citizenship by Naturalisation
1. Complete the Application Form
- Fill out Form AN, the official naturalisation application issued by UKVI.
- Ensure all sections are completed accurately and honestly.
- Processing typically takes three to six months, followed by a citizenship ceremony if approved.
2. Gather and Submit Supporting Documents
- Provide proof of residence, identity, and any other required evidence.
- Check that all documents are current, clear, and correctly formatted.
- Missing or incorrect documents can cause delays or refusal.
3. Provide Your Biometric Information
- Book an appointment at a UKVCAS centre to submit fingerprints and a photograph.
- Upload documents online or scan them at the service point.
- No postal submission is required when using digital upload services.
4. Choose How You Apply
- Apply independently if you are confident with the process.
- Alternatively, instruct an immigration solicitor or legal representative.
- Professional support can help avoid errors and strengthen your application.
5. Tips for a Successful Application
- Review your application carefully before submission.
- Prepare all documents in advance to ensure consistency and accuracy.
- Seek legal advice if your case involves complexities or eligibility concerns.
Understanding the Life in the UK Test
1. What Is Life in the UK Test?
- It is a mandatory requirement for most adult citizenship applicants.
- The test assesses knowledge of British history, culture, values, and daily life.
- It consists of 24 randomly selected multiple-choice questions.
2. Key Information You Should Know
- The test fee is £50 per attempt.
- You may retake the test unlimited times, paying the fee each time.
- Official study materials are available via the Life in the UK Handbook and mobile app.
3. Passing the Test
- You must score at least 75% to pass.
- There is no limit on the number of attempts allowed.
- Once passed, the result remains valid for future applications.
4. Exemptions from the Test
- You do not need to retake the test if already passed for Indefinite Leave to Remain.
- Applicants under 18 or over 65 are automatically exempt.
- Long-term physical or mental health conditions may also qualify for exemption.
5. Booking, Test Day, and Next Steps
- The test must be booked online at least three days in advance.
- Bring valid photo ID and proof of address, or you will not be allowed to sit the test.
- After passing, include the notification letter with your naturalisation application.
