Naturalisation is the legal process through which individuals who are not born British citizens can acquire British citizenship. Applying for naturalisation as a British Citizen becomes an option once you have been granted Indefinite Leave to Remain (ILR) in the UK and meet the additional eligibility criteria outlined in the British Nationality Act 1981. This pathway, following the grant of ILR, is the most common route individuals take to attain British citizenship in the United Kingdom.
The application for naturalisation as a British Citizen is submitted to the Home Office UKVI through the completion of application form AN. However, it's essential to understand that the decision to grant naturalisation rests with the Home Secretary, as outlined in Section 6 of the British Nationality Act 1981. The Home Secretary holds the discretion to issue a certificate of naturalisation to individuals of full age and capacity if satisfied that they meet the requirements specified in Schedule 1 of the Act.
Becoming a British citizen through the process of naturalisation is a significant milestone for many individuals who have made the United Kingdom their home. Premium Solicitors are specialist immigration solicitors for naturalisation applications, and the high quality of our legal services for naturalisation applications is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Free Immigration Advice For Naturalisation As A British Citizen
Our specialist team of immigration solicitors for naturalisation applications can provide one-off free immigration advice online in relation to your application for naturalisation as a British Citizen. Ask a question to our specialist team of naturalisation solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist immigration solicitors for your application for naturalisation as a British Citizen.
Requirements For Naturalisation As A British Citizen After Grant Of ILR
To be eligible for naturalisation as a British citizen following the grant of Indefinite Leave to Remain (ILR), you need to fulfil the following criteria:
Holding ILR: You must have had ILR for a minimum of 12 months before you apply for naturalisation as a British Citizen, unless you are the spouse of a British Citizen, in which case you can apply for naturalisation immediately after receiving ILR without the 12-month waiting period.
Meeting The Residence Requirement: If you're not a spouse or civil partner of a British Citizen, you must have resided in the UK for at least the last 5 years, with no more than 450 days of absence during that period. If you're a spouse or civil partner of a British Citizen, you must have been resident in the UK for at least the last 3 years, with no more than 270 days of absence during that period. Additionally, you should not have been absent from the UK for more than 90 days in the last 12 months before applying for naturalisation as a British Citizen. It's also essential to be physically present in the UK on the first day of the relevant 5 or 3-year qualifying period of residence.
Intention To Make The UK Main Home: You must demonstrate an intention to make the UK your main home.
Good Character Requirement: You must meet the good character requirement, as outlined in the UKVI guidance on good character.
English Language and Life in The UK Test: You must fulfil the English Language and Life in the UK test requirements unless you are over the age of 65. If you are unable to meet these requirements due to serious health conditions, you can apply for exemption from either or both tests.
What Is Good Character Requirement For Naturalisation As A British Citizen?
To be successful in their application for naturalisation as a British Citizen, an applicant must meet the good character requirement. While the British Nationality Act 1981 does not explicitly define good character, guidance provided by the Home Office UK Visas and Immigration (UKVI) outlines the types of conduct that are considered when assessing an individual's character.
Home Office caseworkers take into account various aspects of a person's character, including both negative factors such as criminal history, breaches of immigration laws, and instances of deception, as well as positive factors such as contributions to society. It's important to note that this list of factors is not exhaustive, and each case is assessed on its individual merits. Read More
What Is Referees Requirement For Naturalisation As A British Citizen?
The naturalisation application Form (AN) necessitates that an applicant is endorsed by two referees. One referee must be an individual of any nationality with professional standing, such as a minister of religion, a civil servant, or a member of a professional body like an accountant or solicitor (who is not representing the applicant with the application). The second referee typically needs to hold a British citizen passport and be either a professional person or over the age of 25.
Referees must meet the following criteria:
- They cannot be a relative of the applicant.
- They cannot be a solicitor or agent representing the applicant in the naturalisation application.
- They must not be related to the other referee.
- They must not be employed by the Home Office.
- They must not have been convicted of an imprisonable offence within the last 10 years (unless that conviction can be disregarded following the guidelines outlined in the UKVI Guidance).
- They must have personal acquaintance with the applicant.
- They must be willing to provide comprehensive details of their knowledge about the applicant.
- They should inform the Home Office of any reason why the applicant should not be registered. Read More
How To Apply For Naturalisation As A British Citizen After ILR Grant?
To apply for naturalisation as a British Citizen following the grant of ILR, you should adhere to the following step-by-step procedure:
Completing Application Form Online: You should complete the online application form AN and submit it, along with the Home Office UKVI fee of £1580, through the Home Office UKVI website.
Booking an Appointment For Biometrics: You should book an appointment for biometrics enrollment at a UKVCAS application centre through the online platform.
Uploading Documents Online: Prior to your biometrics appointment, you should upload all necessary supporting documents via the UKVCAS online portal.
Attending Biometrics Appointment: You should attend your scheduled biometrics appointment, bringing along your BRP card (if applicable), passport/travel document, and the biometrics appointment letter. Processing of your naturalisation application commences from the biometrics enrollment date.
Decision On The Naturalisation Application: You should wait to be notified of the decision regarding your naturalisation application's approval. Upon approval, you'll receive a letter inviting you to attend a citizenship ceremony.
Attending Citizenship Ceremony: Upon receiving the invitation letter to attend the citizenship ceremony, you should contact your Local Council using the provided telephone number to schedule an appointment. You will then attend the citizenship ceremony to receive your naturalisation certificate. Upon receiving this certificate, you officially become a British citizen.
Applying for a British Passport: After receiving your naturalisation certificate, you can apply for your first British passport at any time.
Naturalisation One Year After The Grant Of ILR Under Section 6(1) of BNA 1981
Under section 6(1) of the British Nationality Act 1981, you become eligible to apply for naturalisation as a British Citizen 12 months after the grant of Indefinite Leave to Remain (ILR) if you are not married to a British Citizen. Furthermore, you must have maintained lawful residence in the UK for the preceding 5 years before the date of your application for naturalisation as a British Citizen.
You are eligible to apply for British citizenship through naturalisation under section 6(1) of the British Nationality Act 1981 if you meet the following criteria:
- You are 18 years of age or older.
- You possess sound mental capacity.
- You demonstrate good character, which includes the absence of serious or recent criminal activity and no history of attempting to deceive the Home Office or involvement in immigration offences within the past 10 years.
- You have the intention to continue residing in the UK.
- You have fulfilled the English language and life in the UK knowledge requirements.
- You satisfy the residency requirement.
Additionally, you should typically have:
- Resided in the UK for a minimum of 5 years leading up to your application date.
- Not exceeded 450 days outside the UK during the aforementioned 5-year period.
- Spent no more than 90 days outside the UK in the last 12 months.
- Held settlement (Indefinite Leave to Remain) in the UK for the preceding 12 months.
- Maintained permanent residence or settled status for the past 12 months if you are a citizen of an EEA country, supported by providing a permanent residence document or settled status.
- Adhered to immigration laws without violation during your time in the UK.
There exists discretion to waive certain residency requirements, with the condition that the applicant:
- Was present in the UK at the commencement of the 5-year period, unless absence was due to service in HM forces.
- Is free from time restrictions under immigration law at the time of application.
Discretion For Excessive Absences During The Qualifying Period
In cases where an applicant for section 6(1) naturalisation has surpassed the permitted absence of 450 days outside of the UK during the 5-year qualifying period, the Home Office may consider exercising discretion if all other requirements are met. For absences exceeding this threshold by 30 days or less, the Home Office UK Visas and Immigration (UKVI) typically exercises discretion, unless there are additional grounds for refusal. However, when absences extend beyond 480 days, the UKVI has the authority to exercise discretion based on various factors, including the applicant's ties to the UK, length of residency, familial connections, and extenuating circumstances.
In instances where absences exceed 730 days, the UKVI expects applicants to have been resident in the UK for the previous 8 years, unless the absences were due to:
- A posting abroad in Crown or designated service, such as serving in HM Forces or accompanying a British citizen spouse/partner serving abroad.
- Unavoidable work-related travel, such as being a merchant seaman or employed by a UK-based business with frequent international commitments.
- Exceptional or compelling reasons of an occupational or compassionate nature, such as having a job offer where British citizenship is a genuine requirement.
It's important to note that absences in excess of 900 days are rarely overlooked by the Home Office. If your absences exceed this limit, your application is likely to be unsuccessful, and your fee may not be fully refunded.
Furthermore, applicants should not be absent from the UK for more than 90 days in the last 12 months. Normally, the UKVI exercises discretion in favor of applicants whose absences during the final 12 months do not exceed 100 days. However, only in highly exceptional circumstances would total absences exceeding 180 days in the last 12 months of the qualifying period be disregarded if all other requirements are not met.
Naturalisation As A Spouse Of A British Citizen Under Section 6(2) of BNA 1981
Under section 6(2) of the British Nationality Act 1981, individuals can apply for naturalisation as a British citizen as the spouse or civil partner of a British Citizen immediately upon being granted Indefinite Leave to Remain (ILR) in the UK, provided they have been lawfully resident in the UK for at least 3 years preceding the date of application. Unlike naturalisation through other routes, there is no requirement to wait for 12 months after the ILR grant date when applying for naturalisation as a spouse or civil partner of a British Citizen.
Eligibility criteria for naturalisation under section 6(2) include being 18 years or older, possessing sound mental capacity, demonstrating good character, meeting English language and life in the UK knowledge requirements, and having been granted indefinite leave to stay in the UK or settled status under the EU Settlement Scheme (EUSS) if an EEA national (with appropriate documentation).
Unless the spouse or civil partner works abroad for the UK government or a closely affiliated organisation, applicants must typically have:
- Resided in the UK for at least the 3 years before the application is received.
- Spent no more than 270 days outside the UK during those 3 years.
- Spent no more than 90 days outside the UK in the last 12 months.
- Adhered to immigration laws while in the UK.
There exists discretion to waive the residence requirement for applications under section 6(2) of the British Nationality Act 1981, as long as the applicant holds Indefinite Leave to Remain (ILR) in the UK at the time of application for naturalisation as a British Citizen.
Discretion For Excessive Absences During The Qualifying Period
In cases where an applicant for section 6(2) naturalisation has exceeded the allowable absence of 270 days outside of the UK during the qualifying period, the Home Office may consider exercising discretion provided all other requirements are met. If the applicant surpasses the permitted absence by 30 days or less, the Home Office UK Visas and Immigration (UKVI) typically exercises discretion, unless there are additional grounds for refusal.
When absences extend beyond 450 days, the UKVI expects applicants to have been resident in the UK for the previous 3 years, unless the absences were due to:
- A posting abroad in Crown or designated service, such as serving in HM Forces or accompanying a British citizen spouse/partner serving abroad.
- Unavoidable work-related travel, such as being a merchant seaman or employed by a UK-based business with frequent international commitments.
- Exceptional or compelling reasons of an occupational or compassionate nature, such as having a job offer where British citizenship is a genuine requirement.
It's important to note that absences in excess of 540 days are rarely overlooked by the Home Office. If your absences exceed this limit, your application is likely to be unsuccessful, and your fee may not be fully refunded.
Additionally, applicants should not be absent from the UK for more than 90 days in the last 12 months. Normally, the UKVI exercises discretion in favour of applicants whose absences during the final 12 months do not exceed 100 days. However, only in highly exceptional circumstances would total absences exceeding 180 days in the last 12 months of the qualifying period be disregarded if all other requirements are not met.
Exceptional Grants Of Naturalisation Applications
In exceptional circumstances, an application that would typically be refused may be granted due to mitigating factors. Examples of such cases include, but are not limited to:
- Instances where the applicant's criminal conviction is for an offence not recognized in the UK or for which there is no comparable offence, such as cases involving homosexuality or membership in a trade union.
- Situations where the applicant has received a single non-custodial sentence within the first two years of the preceding three, with no further offences within the last 12 months, and strong evidence exists suggesting the person is of good character in all other aspects, making a refusal disproportionate.
- Cases where the applicant has a single conviction, but has resided in the UK since childhood or from a very young age, and the conviction occurred many years ago.
Decisions to grant exceptions are subject to approval by the Chief Caseworker. Any proposal to grant an individual with a sentence of 4 years or more imprisonment requires approval from ministers.
Naturalisation Application As EEA National or Swiss National
If you are an EEA national or Swiss national seeking naturalisation as a British Citizen, you must first possess settled status granted under the EU settlement scheme (EUSS). You also need to meet all the other eligibility requirements as explained above to succeed in your application for naturalisation as a British Citizen.
In a significant ruling on March 10, 2022, in the case of VI v HM Revenue and Customs C-247/20, the Court of Justice of the European Union (CJEU) determined that individuals "affiliated" to the National Health Service (NHS) are entitled to Comprehensive Sickness Insurance (CSI) under the Free Movement Directive. The term "affiliated" was not explicitly defined by the CJEU but is interpreted to mean having the right to comprehensive and free NHS treatment. Under domestic law, an individual is considered to be entitled to such treatment when they are "ordinarily resident" in the UK. Consequently, individuals who are ordinarily resident in the UK are deemed to have held CSI, as per domestic law interpretation.
British Passport Application After Naturalisation As A British Citizen
You are eligible to apply for your first British passport at any time following the receipt of your certificate of naturalisation as a British Citizen. However, it's important to note that applications for a first British passport cannot be expedited through Priority or Urgent Passport Service. The processing time for first-time British passport applications through Her Majesty's Passport Office (HMPO) typically ranges from 4 to 8 weeks. Additionally, HMPO may require you to participate in an identification interview before issuing your first British passport subsequent to naturalising as a British Citizen.
How Can Our Nationality Solicitors Help With Your Naturalisation Application?
Our specialised team of nationality solicitors is dedicated to providing expert advice and legal representation for your application for naturalisation as a British Citizen on a fixed fee basis. Our solicitors specialising in British nationality law can guide you through the entire legal process and handle all aspects of your application until a decision is reached by the Home Office UK Visas and Immigration (UKVI).
Here's an overview of the immigration casework our British nationality law solicitors will undertake in relation to your application for naturalisation as a British Citizen:
Advice on Requirements: Our immigration solicitors will provide comprehensive guidance on the necessary requirements for a successful application for naturalisation as a British Citizen.
Advice on Documents: Our nationality law solicitors will compile and email you a detailed list of supporting documents required for your application.
Assessment of Documents: Our immigration lawyers will meticulously review your documents to ensure they meet the standards outlined in the Home Office UKVI guidance on naturalisation as a British Citizen.
Completing Application Form: Our immigration lawyers will complete the online application form AN on your behalf and arrange an appointment at the application center for your biometric enrollment.
Preparing Detailed Cover Letter: Our specialist immigration solicitors will draft a thorough cover letter supporting your application, outlining all relevant legal requirements for approval by the Home Office UKVI.
Uploading Documents Online: Prior to your biometric enrollment appointment, our immigration lawyers will upload all supporting documents online to be considered in your application.
Follow-Up Work: Our immigration lawyers will conduct all necessary follow-up work until the Home Office UKVI decides on your application for naturalisation as a British Citizen.
With our expert legal representation, you can navigate the naturalisation process with confidence, knowing that your application is in capable hands. Our dedicated team is here to support you at every step of the naturalisation process. From providing guidance on eligibility criteria and document preparation to offering assistance with completing your application and preparing for the Life in the UK test, we are committed to helping you achieve your goal of becoming a British citizen.
Ready to begin your journey to British citizenship? Contact us to learn more about how we can assist you with your naturalisation application. With our expertise and personalised support, you can navigate the process with confidence and ease, bringing you one step closer to realising your dream of becoming a British citizen.
Why Choose Us For Naturalisation As A British Citizen?
There are several compelling reasons to choose our team of British nationality law solicitors and lawyers in London to handle your application for naturalisation as a British Citizen. The key benefits include:
High-Quality Legal Services: Our esteemed team of nationality law solicitors in London delivers top-tier legal services for naturalisation applications. The exceptional quality of our UK visa and immigration legal services is evidenced by the 5-star Google Reviews rating received from 99% of our clients.
Remote Legal Services: Our specialist nationality law solicitors and lawyers offer expert immigration advice and representation remotely, allowing you to access our services from anywhere. Leveraging modern technology, our team can manage your naturalisation application without the need for in-person visits to our offices, saving you time and travel expenses.
Open 7 Days A Week: We take pride in providing dedicated advice and legal representation seven days a week for naturalisation applications, ensuring accessibility and support when you need it most.
Qualified Specialist Nationality Law Solicitors: All aspects of your application for naturalisation as a British Citizen will be handled by our team of fully qualified and experienced nationality law solicitors. Our specialists possess extensive expertise in dealing with naturalisation applications, ensuring thorough and effective representation.
Fixed Fees With Payment Plan: We offer transparent and affordable fixed fees for naturalisation applications, with the option to pay in two instalments. You can pay half of the agreed fixed fee at the commencement of our work on your application, and the remaining balance upon completion of the preparation process before submission to the Home Office UK Visas and Immigration (UKVI).
With our dedicated team of professionals and comprehensive services, we strive to make the naturalisation process as seamless and efficient as possible for our clients.
How Much Does An Application For Naturalisation As A British Citizen Cost?
The costs associated with your application for naturalisation as a British Citizen are outlined below:
Our Fixed Fees for Your Naturalisation Application
Our fixed fee for your naturalisation application ranges from £800 + VAT to £1,200 + VAT. Our fixed fee will cover all our work on your application including advising on documents, checking your documents, completing the application form and submitting the naturalisation application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the naturalisation application, uploading all supporting documents to be considered in support of the naturalisation application, and carrying out all other follow up work until decision by the Home Office UKVI on your naturalisation application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your naturalisation application. You will make an initial payment of half our fee when we start our work on your matter, and the remaining half is due once we have fully prepared the naturalisation application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your Naturalisation Application
In addition to our fixed fee for assisting you with your application, you must pay the Home Office UKVI fees separately.
What Are Our Other Related Services?
- Reconsideration of Naturalisation Refusal
- British Citizenship
- Naturalisation As A Member of HM Forces
- Naturalisation On The Basis Of Crown Service
- Registration As A British Citizen
- British Passport Application
- Application For Right Of Abode UK
Frequently Asked Questions (FAQs) For Naturalisation As A British Citizen After ILR Grant
Following are the various Frequently Asked Questions (FAQs) about applying for naturalisation as a British Citizen after the grant of Indefinite Leave to Remain (ILR):
Naturalisation is the process through which a person who is not a British citizen can become one. It involves meeting certain eligibility criteria and completing the necessary application process.
No, you cannot submit your naturalisation application through Priority / Super Priority Service; the only option is to apply through standard service.
Yes, most applicants for naturalisation are required to pass the Life in the UK test, which assesses knowledge of British history, culture, and society. Additionally, applicants may need to demonstrate English language proficiency, usually by passing an English language test, unless exempt.
Criminal convictions may affect eligibility for naturalisation depending on their nature and severity. Serious convictions may impact eligibility, while minor offences may not necessarily be a barrier. It's essential to disclose all criminal convictions as part of the application process.
Family members, such as spouses and dependent children, can sometimes be included in a naturalisation application under certain circumstances. Each family member's eligibility will be assessed individually based on their circumstances.
The UK generally allows dual citizenship, meaning individuals can hold multiple citizenships simultaneously. However, it's essential to check the laws and regulations of your current country of citizenship to understand any implications of acquiring British citizenship.
After submitting your application, you will typically receive an acknowledgement from the Home Office. The application will then be processed, which may involve further documentation requests, interviews, or other assessments. Once a decision is made, you will be notified of the outcome. If your application is successful, you will be invited to book an appointment for the Citizenship Ceremony. You will receive your certificate of naturalisation when you attend the citizenship ceremony.
A citizenship ceremony is a formal event organised by the local council or authority to welcome new citizens into the British community. It serves as a symbolic rite of passage where individuals who have successfully completed the naturalisation process take a solemn oath or affirmation pledging allegiance to the United Kingdom and its values.
Becoming a British citizen through naturalisation opens up a world of opportunities and benefits, including the right to live and work in the UK indefinitely, access to public services and benefits, the ability to vote and stand for public office, and the freedom to travel visa-free to many countries around the world.
Naturalisation as a British citizen is a significant milestone that offers countless opportunities for personal and professional growth.
The Home Office UKVI will normally decide your application for naturalisation as a British Citizen within 3 to 6 months of the biometrics enrolment date. It can take longer than 6 months where the application for naturalisation raises complex issues.
If you are married to a British Citizen, you can apply for naturalisation as a British Citizen immediately after the grant of ILR.
If you are not married to a British Citizen, you must wait for 12 months after the grant of Indefinite Leave to Remain (ILR).
You must be aged 18 or over at the time of application to apply for naturalisation as a British Citizen.
When applying for naturalisation as a British Citizen, you will typically need to submit several documents to support your application. These documents verify your identity, residency, good character, and other relevant information. While specific requirements may vary based on individual circumstances and immigration status, here is a general list of documents commonly required:
- Your current and previous passports/travel documents
- Your BRP card
- Home Office UKVI letter to confirm grant of ILR, if applicable
- Any documents relating to meeting the Good Character requirement as per your personal circumstances
- Your employment or self-employment-related documents, if applicable
- Your Life in the UK test certificate
- Documents to show how you meet the English language requirement, e.g. English test certificate, Degree Certificate or your passport if you are a national of English speaking country
No, you do not need to send the original hard copy of the BRP card and passports with your application for naturalisation; you only have to provide the PDF copy when uploading your supporting documents online.
You must also bring your valid passport and BRP card to your biometrics appointment. The UKVCAS will not retain your passport and BRP card and will only see these documents for identity verification.
After your application has been approved and you have received your certificate of naturalisation as a British Citizen, you should return the BRP card with ILR to the Home Office UKVI.
Unless you apply for naturalisation based on crown service or as a member of HM forces, you cannot apply for naturalisation as a British Citizen until you have obtained Indefinite Leave to Remain (ILR).
The following can be used as evidence of residence in the UK:
- passports or travel documents which have been stamped to show arrival in the UK and entry and departure from other countries.
- if the applicant does not have passports to cover the qualifying period, other evidence such as employers’ letters or tax and National Insurance letters
- If there are gaps in a person’s evidence of residence and it is clear from the information available that they could not have travelled, the Home Office caseworker must accept this. Examples of this might include a refugee who has no means of travel or where immigration records confirm continuous residence.
A person who is married to a British Citizen is only required to show 3 years of residence to apply for naturalisation as a British Citizen. However, the applicant must also have Indefinite Leave to Remain (ILR) at the time of submitting the naturalisation application. In most categories, you cannot get Indefinite Leave to Remain (ILR) in the UK until you have lived in the UK for at least 5 years.
The future intention requirement for naturalisation as a British Citizen refers to the applicant's commitment to continue living in the United Kingdom indefinitely. It is a crucial aspect of the eligibility criteria that individuals must meet when applying for British citizenship through naturalisation.
The future intention requirement requires that the applicant intends to make the UK their permanent home and demonstrates a genuine desire to become an integrated member of British society. The Home Office typically assesses this Commitment as part of the naturalisation application process.
Yes, you can travel abroad after submitting your online application for naturalisation. You do not have to send your original BRP card and passport/travel document with the application. You can travel abroad while your application for naturalisation is pending with the Home Office UKVI.
However, you should not leave the UK in such a way that your intention to make the UK your main home is doubted by the Home Office UKVI. The Home Office UKVI can refuse your application for naturalisation if you have moved the centre of your life to another country after the online submission of your application.
You can apply for naturalisation as a British Citizen 12 months after the grant of Settled Status under the EU Settlement Scheme (EUSS). However, if you are married to a British Citizen, you can apply for naturalisation as a British Citizen immediately after the grant of Settled Status.
