Typically, you can apply for British citizenship by way of naturalisation if you are aged 18 or over and have held indefinite leave to remain in the UK for a period of 12 months. However, as the spouse or civil partner of a British citizen, you will be eligible to naturalise as a British citizen as soon as you have been granted ILR. Naturalisation is not an absolute entitlement, rather a decision will only be made to grant British citizenship where you can evidence that you satisfy certain statutory requirements.
The requirements for naturalisation as a UK citizen will differ depending on whether you are applying on the basis of your marriage or civil partnership with a British citizen, or otherwise. If you are applying to naturalise as the spouse or civil partner of a British citizen, you will need to satisfy the following requirements:. If you are applying to naturalise other than as the spouse or civil partner of a British citizen, you will need to satisfy the following requirements:.
To meet the residence requirements you must be able to prove that you were in the UK exactly five years before the day of receipt of your application by the Home Office, save except where you are applying as the spouse or civil partner of a British citizen, in which case this period is reduced to three years. In addition, you must not have spent more than days outside the UK during the five year period before making your application, reduced to days in the qualifying three year period for spouse or partner applications, nor more than 90 days in the last twelve months ending with the date of the application.
You must also be free of immigration time restrictions on the date of application, and must not have been in breach of the immigration rules during the residential qualifying period. In other words, you must have had the necessary permission throughout this period to be in the UK legally. That said, if there are special circumstances, the Home Office may exercise some discretion over immigration breaches and time restrictions, as well as any excess absences, for example, where these are as a result of exceptionally compelling reasons of either an occupational or compassionate nature.
The good character requirement is not statutorily defined but, in broad terms, to satisfy this requirement you must have shown respect for the rights and freedoms of the UK, observed its laws and fulfilled your obligations as a UK resident.
This includes not having a recent or serious criminal record, where criminal record checks will be carried out for all applicants. In particular, if you have a conviction within the relevant sentence based threshold you are unlikely to be accepted as a British citizen.
By way of example, an application will normally be refused for any custodial sentence of more than four years, regardless of when the conviction occurred, or for any non-custodial offence where the conviction occurred within the last three years.
Every application for naturalisation will be considered on an individual basis on its own merits by a Home Office caseworker. As such, in addition to any criminal convictions, various other key areas will be assessed, including any deception and dishonesty in previous immigration applications.
As part of the application process, applicants need to show they have a commitment to respect the laws, values and traditions of the UK as well as having knowledge of life in the UK and the ability to communicate in English. A UK degree or other academic qualification taught or researched in English and deemed to be equivalent to a UK degree or higher An approved English speaking and listening qualification.
If you are a national of a majority English-speaking country you will not be required to obtain any English language qualification, although you will still be required to show that you have passed the Life in the UK test.
You may also be wholly exempt from the KoLL requirement if you are aged 65 or over, or have a long-term physical or mental condition that prevents you from meeting this requirement. This will include a scan of your fingerprints and a digital photograph of your face.
You can also have your documentation in support of your application scanned at your UKVCAS appointment or, alternatively, you can upload copies through the online service. If you are applying by post you will need to forward your documentation at the same time, so you will be without your passport until a decision is made. The documentation you will need to provide in support of your application will depend upon your individual circumstances.
At the very least, however, this will need to include the following, although this list is by no means exhaustive:. Having submitted your citizenship application you will usually get a decision within six months, although some applications can take longer. The Home Office will inform you if you need to provide further information. In the event that your application is successful, you will need to attend a citizenship ceremony. You will receive an invitation from the Home Office confirming the local authority you should contact to arrange your ceremony.
You must book the ceremony within three months of being sent your invitation. You can ask for a private ceremony, although this will cost you more. If you do not attend the ceremony within 90 days without good reason, your application for citizenship will be refused and you will need to re-apply.
During the ceremony you will be required to affirm or swear an oath of allegiance to Her Majesty the Queen and to pledge your loyalty to the UK. To discuss your application for Naturalisation as a British Citizen with one of our specialist nationality barristers, contact our British citizenship team on or complete our enquiry form.
Sign up and receive our latest expert briefings, case-law alerts and immigration guides. The requirements to become a British citizen are set out in British Nationality Law; the relevant law is mainly in the British Nationality Act Some children and adult applicants may be entitled to register The final stage of becoming a British citizen is for you to attend a Home Office British Citizenship ceremony where you will be presented with a certificate of British citizenship.
If you are not living in the It is also often relevant to nationality Personal Immigration. Business Immigration. About Us. Why Choose Us? Can I apply for British Citizenship by Naturalisation? Apply 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 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.
What is the good character requirement for British Citizenship? Is there any flexibility in the criteria for British Citizenship by Naturalisation? This includes: The permitted absence requirements e. The Secretary of State has no discretion to waive, or to treat applicants as meeting, the following requirements: 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.
Who can be a referee for a British Citizenship by Naturalisation application? How much does it cost to apply for Naturalisation as a British Citizen? How long does it take to get British Citizenship? What happens after I have applied for Naturalisation as a British Citizen? How our immigration barristers can help apply for British Citizenship Our immigration barristers and immigration lawyers have experience assisting with all types of nationality matters.
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