British citizenship through naturalisation is a key milestone for many individuals who have made the UK their permanent home. It grants not only the right to live and work in the United Kingdom without immigration restrictions but also the right to apply for a British passport, vote in UK elections, and fully participate in British civic life. This guide explains the eligibility criteria, documentation, and process in detail—and highlights why working with our leading London immigration law firm can significantly improve the success of your application.
Can I Apply for British Citizenship by Naturalisation?
If you are over the age of 18 and hold Indefinite Leave to Remain (ILR) or Settled Status under the EU Settlement Scheme, you may be eligible to naturalise as a British citizen. The process and criteria depend on whether or not you are married to a British citizen.
If I’m Not Married to a British Citizen
To apply for naturalisation independently of a British spouse, you must demonstrate the following:
- You were physically present in the UK exactly five years before the date of application.
- You have not spent more than 450 days outside the UK in the past five years.
- You have not breached any UK immigration laws in that time.
- You have not spent more than 90 days outside the UK in the 12 months immediately before applying.
- You have held ILR or Settled Status for at least 12 months prior to the application.
- You can demonstrate good character.
- You have sufficient knowledge of English, Welsh, or Scottish Gaelic.
- You have passed the Life in the UK test.
- Your principal residence is in the UK.
Our London-based immigration solicitors are well-versed in the nuances of Home Office guidance and can help ensure your application demonstrates compliance with all these requirements.
What if I am Married to a British Citizen?
If you are married to or in a civil partnership with a British citizen, the residency and time-based criteria are different:
- You must have been physically present in the UK three years prior to the date of your application.
- You must not have spent more than 270 days outside the UK in that period.
- You must not have spent more than 90 days abroad in the 12 months before applying.
- You must hold ILR or Settled Status on the date of application (there is no 12-month waiting period).
- You must meet the same language, Life in the UK, and good character requirements.
Given the subtle differences in criteria depending on your marital status, seeking expert legal advice is crucial. Our law firm can assess your personal circumstances and provide bespoke advice to improve your chances of a successful application.
When Can I Apply?
If you are not married to a British citizen, you must wait 12 months after receiving ILR or Settled Status before applying for naturalisation. If you are married to a British citizen, you can apply immediately after being granted ILR, provided all other requirements are met.
Our immigration lawyers in London ensure that timing considerations are factored into your application strategy, reducing the risk of refusal due to premature submission.
Do I Meet UK Residency Requirements and Permitted Absences?
Residency is a cornerstone of British citizenship applications. Excessive absences from the UK may affect eligibility:
- Not married to a British citizen: No more than 450 days outside the UK over five years and no more than 90 days in the last 12 months.
- Married to a British citizen: No more than 270 days outside the UK in the last three years and no more than 90 days in the final year.
If your absences exceed these thresholds, the Home Office does have discretion to overlook this, especially where strong ties to the UK can be demonstrated. Our solicitors are experienced in preparing compelling representations to request the exercise of discretion in such cases.
Do I Meet the Good Character Requirement?
All applicants must satisfy the good character requirement. This broadly refers to conduct including criminality, immigration compliance, financial soundness, honesty, and public reputation.
Even seemingly minor infractions can trigger refusal. For example, late tax payments or non-disclosure of driving offences have led to adverse decisions. Our legal team conducts a thorough good character assessment before submitting any application, ensuring any red flags are addressed proactively and appropriately.
What are the Discretionary Powers and Flexibility in the Criteria?
While some requirements for naturalisation are mandatory, others allow for Home Office discretion, including:
- Excess absences
- The 12-month free-from-time-limit requirement (for non-spouse applicants)
- Language or Life in the UK test exemptions due to age or health
However, no discretion can be exercised regarding:
- Being physically present in the UK at the start of the qualifying period
- Holding ILR or Settled Status
- Demonstrating good character
Applications involving discretion must be meticulously prepared. Our London-based immigration lawyers specialise in discretionary applications and can guide you in presenting a strong, persuasive case to the Home Office.
Can I Apply if I am an EU / EEA National?
EU and EEA nationals who have Settled Status under the EU Settlement Scheme (EUSS) are eligible to apply for British citizenship, subject to the same residency and good character requirements as others. In most cases, they must have held Settled Status or a right of permanent residence for at least 12 months before applying, unless married to a British citizen.
Our firm regularly assists European nationals and their family members in navigating the complexities of the post-Brexit nationality landscape.
Overseas British Nationals: Alternative Routes
If you are a British Overseas Territories Citizen (BOTC), British Overseas Citizen (BOC), British Subject, British National (Overseas), or British Protected Person, naturalisation may not be the appropriate path to citizenship. These categories often benefit from alternative registration routes, which our solicitors can help explore and pursue.
How Many Referees Do I Need?
Applicants must provide two referees:
- One must be a British citizen, aged 25 or over, or a professional.
- The other can be of any nationality but must hold a professional position (e.g. lawyer, teacher, civil servant).
Referees must have known you personally for at least three years and must not be related to you or each other. Missteps in this seemingly straightforward requirement have led to avoidable refusals—our firm ensures full compliance with Home Office guidance.
Can I Travel While My Application is Pending?
Yes. Once you submit your application, you may retain your original passport if you submit a certified copy alongside the application. However, you must still be able to prove your immigration status upon return to the UK. Additionally, you must attend a biometric appointment, usually within 45 days of application submission, and a citizenship ceremony within 90 days of approval.
Our firm provides end-to-end assistance, from document certification to appointment scheduling, ensuring seamless processing.
What Happens After Approval?
Upon successful application, you’ll receive an invitation to a citizenship ceremony, where you will take the Oath of Allegiance and receive your Certificate of Naturalisation. This document allows you to apply for a British passport—your final step in becoming a British citizen.
Why Instruct Our Leading London Immigration Law Firm?
Navigating British nationality law is a complex and technical process, especially when discretion is required or your case involves unusual circumstances. Our specialist immigration solicitors have a proven track record of preparing robust, persuasive British citizenship applications.
Contact Us Today
If you are considering applying for British Citizenship, contact our expert immigration solicitors in London. We offer bespoke guidance tailored to your circumstances and will work diligently to maximise the chances of a successful outcome.
Let our knowledge and experience help you take the final step toward becoming a British citizen.