British Citizenship by naturalisation is a significant milestone for many individuals who have made the United Kingdom their home. As a leading London immigration law firm, we are dedicated to guiding you through every step of this complex process. This detailed guide will provide you with an in-depth understanding of the requirements and procedures involved in applying for British Citizenship by naturalisation, and why seeking expert legal advice from our firm can significantly enhance your chances of a successful application.
What is British Citizenship by Naturalisation?
British Citizenship by naturalisation is the process by which non-British citizens can become British citizens, provided they meet certain legal criteria. Naturalisation is typically available to adults aged 18 or over who have been granted Indefinite Leave to Remain (ILR) or have acquired the right of permanent residence in the UK. By successfully naturalising, you gain the full rights and responsibilities of a British citizen, including the right to a British passport and the right to vote.
Eligibility Criteria for British Citizenship by Naturalisation
To be eligible for British Citizenship by naturalisation, applicants must satisfy specific statutory criteria related to their immigration status, length of residence in the UK, future intentions, knowledge of English language and life in the UK, and their character. The requirements vary slightly depending on whether or not you are married to a British citizen.
Requirements for Applicants Not Married to a British Citizen
If you are not married to a British citizen, the Home Office will need to ensure that:
- You were physically present in the UK exactly five years before the date of your application.
- You have not been absent from the UK for more than 450 days during the five years preceding your application.
- You have not breached any immigration laws during this five-year period.
- You have not spent more than 90 days outside the UK in the 12 months immediately before your application.
- You are no longer subject to any time restrictions on your stay in the UK and have not been subject to any in the 12 months preceding your application.
- You are of good character, a requirement that involves a detailed background check.
- You possess sufficient knowledge of the English, Welsh, or Scottish Gaelic language.
- You have passed the Life in the UK test.
- Your primary residence, if your application is successful, will be in the UK.
Requirements for Applicants Married to a British Citizen
For those married to a British citizen, the eligibility criteria include:
- Being present in the UK exactly three years before the application date.
- Not having been absent from the UK for more than 270 days during the three years preceding the application. Compliance with all immigration laws during the three-year period. No absences exceeding 90 days in the 12 months before your application. No time limits on your stay in the UK at the time of application. Meeting the ‘good character’ requirement. Demonstrating sufficient knowledge of the English, Welsh, or Scottish Gaelic language.
- Passing the Life in the UK test.
Given the complexities and variations in these requirements, it is advisable to consult our leading London immigration law firm. We can provide tailored advice based on your specific circumstances to ensure that your application for British Citizenship by naturalisation is comprehensive and meets all necessary legal standards.
When Can You Apply for British Citizenship After ILR?
The timing of your naturalisation application depends on your marital status. If you are married to a British citizen, you can apply for British Citizenship by naturalisation immediately after being granted Indefinite Leave to Remain (ILR). However, if you are not married to a British citizen, you must have held ILR for at least 12 months before you can apply.
Absence from the UK: How Much is Too Much?
One of the key requirements for British Citizenship by naturalisation is the limitation on how much time you can spend outside the UK during the qualifying period. For those not married to a British citizen, the maximum allowable absence is 450 days over the five years before your application, with no more than 90 days in the 12 months immediately preceding your application. If you are married to a British citizen, the absence limit is reduced to 270 days over three years.
Understanding the Good Character Requirement
The ‘good character’ requirement is a crucial element of your application for British Citizenship by naturalisation. While not explicitly defined by the British Nationality Act 1981, this requirement typically involves an assessment of your criminal record, financial history, and overall behaviour. The Home Office will consider any criminal convictions, bankruptcy issues, or other factors that might reflect poorly on your character. It is essential to address any potential issues proactively, and our firm can help you navigate this aspect of your application to ensure all potential concerns are adequately managed.
Discretionary Flexibility in Naturalisation Requirements
The Home Office has some discretionary power to waive certain requirements for British Citizenship by naturalisation. This flexibility may apply to:
- Absence requirements: For instance, if you have exceeded the 90-day limit in the 12 months prior to your application.
- The 12-month ILR requirement: In certain circumstances, this may be waived.
- Language and Life in the UK test requirements: These may be waived on the grounds of age, physical or mental health.
However, there is no discretion regarding the need to have been present in the UK at the start of the three- or five-year qualifying period, nor in the requirement to be of good character. Given the potential for discretion in certain areas, it is highly recommended to seek legal advice. Our leading London immigration law firm can assist in making a strong case for the exercise of discretion where applicable.
Applications from EEA/EU Nationals and Their Families
EEA/EU nationals and their family members are also eligible to apply for British Citizenship by naturalisation. Since the UK’s departure from the EU, these applicants must hold Settled Status under the EU Settlement Scheme or demonstrate that they have held a right of permanent residence for 12 months prior to their application. The process involves submitting relevant evidence to prove eligibility, and our firm is well-equipped to assist EEA/EU nationals in navigating the specific challenges they may face.
Special Categories: BOTCs, BNOs, BOCs, and Others
British Overseas Territories Citizens (BOTCs), British Nationals (Overseas) (BNOs), British Overseas Citizens (BOCs), British subjects, and British protected persons may have different routes to British citizenship. For these individuals, registration rather than naturalisation may be the appropriate pathway. Our firm can provide expert guidance on the best approach based on your specific status and circumstances.
Referees for Your Naturalisation Application
When applying for British Citizenship by naturalisation, you must provide two referees to support your application. One referee should be a professional of any nationality with good standing, such as a minister of religion, civil servant, or a member of a recognised
professional body like a solicitor, accountant, or barrister (who is not involved in your application). The second referee must be a British citizen passport holder who is either a professional person or over the age of 25. Choosing the right referees is crucial, as they must meet specific criteria to ensure the credibility of your application.
Costs Associated with British Citizenship by Naturalisation
The application process for British Citizenship by naturalisation involves a significant financial commitment. As of the latest figures, the Home Office charges £1,500 for the application itself, with an additional £130 for the citizenship ceremony, which includes the administration of the citizenship oath and pledge. It is essential to budget for these costs when planning your application.
Processing Time for British Citizenship Applications
Typically, the Home Office takes up to six months to process applications for British Citizenship by naturalisation. However, many applicants receive a decision within three months. During this period, you are free to travel abroad, provided you retain evidence of your ILR or other valid immigration status.
Our leading London immigration law firm can help ensure your application is as robust as possible, potentially speeding up the process by avoiding common pitfalls and errors that could delay your application.
Travelling While Your Application is Pending
Once you have submitted your application for British Citizenship by naturalisation, you can travel outside the UK. To facilitate travel, you should submit a certified copy of your passport with your application and retain the original for travel purposes. However, remember that you must demonstrate a valid right to re-enter the UK, such as ILR, when you return. Additionally, you will be required to enrol your biometric information within 45 days of submitting your application, which may necessitate attending an in-person appointment.
What Happens After Your Application is Approved?
If your application for British Citizenship by naturalisation is successful, you will be invited to attend a citizenship ceremony. During the ceremony, you will take an oath of allegiance (or make an affirmation if you prefer) and receive your certificate of naturalisation. Following this, you will be eligible to apply for a British passport, marking the final step in your journey to becoming a British citizen.
Why Choose Our Leading London Immigration Law Firm?
Navigating the complexities of British Citizenship by naturalisation can be challenging, and the stakes are high. As a leading London immigration law firm, we have extensive experience in preparing and submitting successful naturalisation applications. Our expert solicitors will provide personalised guidance, ensuring that all aspects of your application are thoroughly addressed. We understand the intricacies of the law and can help you avoid common errors, enhancing your chances of a favourable outcome. By instructing our firm, you can be confident that your application will be handled with the highest level of professionalism and expertise, giving you the best possible chance of securing British Citizenship.
Conclusion
In conclusion, applying for British Citizenship by naturalisation is a detailed and rigorous process that requires careful preparation and a thorough understanding of the legal requirements. With the support of our leading London immigration law firm, you can navigate this process with confidence, knowing that you have expert legal guidance every step of the way. Whether you are married to a British citizen, an EEA/EU national, or have another unique status, we are here to assist you in achieving your goal of becoming a British citizen.