Naturalisation

As well as assisting in Immigration matters, our leading Immigration lawyers also assist in Nationality applications. The majority of these are naturalisation matters, for other nationality categories, please click on the link.

Interested in naturalisation as a British citizen?

The requirements are set out, but there is considerable discretion in their actual application. Please contact even if you don’t qualify for these and we may be able to assist.

(a) You are should be over 18;

(b) You have resided in the UK for the last 5 years

(c) This is reduced to  3 years if you are married to or a civil partner of a British citizen

(d) If you or your husband, wife or civil partner is in crown or designated service outside the UK, you may also apply for naturalisation.

What are the other requirements for naturalisation under category (A)?

•   You must be of sound mind;

•   You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK;

•   You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree;  – this is usually covered by the Life in the UK test.

•   You must have sufficient knowledge of life in the UK.

•   You must be of good character.

•   You must meet the residential requirements (see below).

To demonstrate that you satisfy the residential requirements for naturalisation, you must have:

•   been resident in the UK for at least five years (this is known as the residential qualifying period); and

•   been present in the UK five years before the date of your application; and

•   not spent more than 450 days outside the UK during the five-year period; and

•   not spent more than 90 days outside the UK in the last 12 months of the five-year period; and

•   not been in breach of the Immigration Rules at any stage during the five-year period.

When does the residential qualifying period start?

•   The residential qualifying period is calculated from the day when the Home Office receives your application. Most of the time applications fail because you were not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if the Home Office received your application on 25 March 2011, you must show that you were in the UK on 26 March 2006.

•   If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period. If you were in the UK as a diplomat or as a member of visiting armed forces, or if you were in any place of detention, you are considered to have been exempt from immigration control during that time. This time is treated as absence from the UK when your application is assessed.

•   You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

•   If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay.

•   The Home Office has the discretion to allow applications from people who do not meet this requirement.

How about European Economic Area nationals and Swiss nationals?

•   If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

•   If you have been outside the UK for six months or more in any one of the five years of the residence period, you will have broken your residence. This does not apply if:

(a) the absence was due to military service; or

(b) all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.

•   If you leave the UK for a continuous period of two years or more, you will lose your permanent residence status.

•   If you have indefinite leave to remain (ILR) in the UK, you will be considered to be settled here provided that you have not been away for two years or more since you received ILR.

Please note:

You must have been in the UK legally throughout the residential qualifying period. The Home Office may refuse your naturalisation application if you have breached the immigration laws during that period.

Are you in Crown service?

If you have decided to apply for naturalisation on the basis of your work in Crown Service, you will be asked to meet these requirements below. You:

•   are serving overseas in Crown service on the date when your application is received; and

•   have been the holder of a responsible post overseas; and

•   have given outstanding service, normally over a substantial period; and

•   have a close connection with the UK.

Please note:

Crown service is an alternative only to the residence requirements for naturalisation. You must still meet the other requirements for naturalisation.

What are the requirements for naturalisation under category (B)?

•   you are aged 18 or over; and

•   you are of sound mind; and

•   you can communicate in English, Welsh or Scottish Gaelic to an acceptable degree; and

•   you have sufficient knowledge of life in the United Kingdom; and

•   you are of good character; and

•   you are the husband, wife or civil partner of a British citizen; and

•   you meet the residential requirements; or

•   your husband, wife or civil partner is in Crown or designated service outside the United Kingdom.

What are the residential requirements for this category?

You must:

•   have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and

•   have been present in the United Kingdom three years before the date of your application; and

•   have not spent more than 270 days outside the United Kingdom during the three-year period; and

•   have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and

•   have not been in breach of the immigration rules at any stage during the three-year period.

When does the residential qualifying period start?

•   The residential qualifying period will be worked out from the day the Home Office receives your application. Most of the time, your applications fails because you were not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if the Home Office received your application on 25 March 2005, you would have to show that you were in the United Kingdom on 26 March 2002.

•   You cannot count time you have spent in the United Kingdom while exempt from immigration control as part of the residential qualifying period. If you are in the United Kingdom as a diplomat or as a member of visiting armed forces or if you are in any place of detention, you would be considered exempt from immigration control. This time would be treated as absence from the United Kingdom.

•   You must be free from immigration time restrictions on the day you make your application.

What if you are a European Economic Area national or a Swiss national?

•   If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.

•   If you have been outside the United Kingdom for six months or more in any one of the five years of the residence period you will have broken your residence. This does not apply if:

(a) the absence was due to military service; or

(b) all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.

•   If you leave the United Kingdom for a continuous period of two years or more you will lose your permanent residence status.

•   If you have indefinite leave to remain (ILR) in the United Kingdom you will be considered settled providing you have not been away for two years or more since you received ILR.

Please Note:

You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.

If you came to the United Kingdom as an asylum applicant, you would be considered in breach of the immigration rules if your application for refugee status and any appeals were refused during the residential qualifying period. You would also be in breach of the immigration rules if you entered the United Kingdom illegally and obtained refugee status during the residential qualifying period.

Do you wish to apply on the grounds that your husband, wife or civil partner is in Crown Service?

You must:

•   one the day you apply your husband, wife or civil partner is working outside the United Kingdom in crown or designated service; and

•   your husband, wife or civil partner was recruited to that service in the United Kingdom; and

•   your naturalisation would be in the interests of your husband’s. wife’s or civil partner’s employing organisation; and

•   if you are in the United Kingdom on the day you apply you must not be subject to time restrictions; and

•   you were not in breach of the United Kingdom immigration laws during the three years immediately before applying; and

•   your marriage or civil partnership has lasted more than three years.

Please Note:

Marriage or civil partnership to a British citizen in crown or designated service is an alternative only to the residence requirements for naturalisation. You must still meet the other requirements for naturalisation.

What documents do you need to provide if you are applying under category (A)?

1. Evidence of your identity (provide one of the following):

•   your passport; or

•   your nationality identity card; or

•   your Home Office travel document; or

•   your Home Office entitlement card; or

•   your Home Office application registration card; or

•   your birth certificate; or

•  your photo driving licence; or

•   bank, building society or credit card statements issued to you in the last six months.

2. Evidence of knowledge of English and of life in the United Kingdom

  If you are applying from within the United Kingdom, you should provide one of the following:

•   your certificate of progression from one English for Speakers of Other Languages (ESOL) level to another, with a letter from the college confirming you completed an ESOL with citizenship course; or

•   your letter confirming you have passed the life in the UK test, stamped and signed by the test supervisor; or

•   your confirmation that you met this requirement in order to obtain settlement.

If you are applying from the Channel Islands or the Isle of Man,

You will need to pass a test similar to the Life in the UK test, or successfully complete an ESOL course that contains citizenship materials, before you apply for naturalisation. Tests taken on these islands are paper-based and consist of 25 questions, with six questions based on local information about the island where the test is being taken.

If you are overseas you cannot take the Life in the UK test. You will need to return here to take the test.

Please note:

You may be exempted from the requirement if you are over the age of 65, or have a serious physical or mental condition that would prevent you from meeting this requirement for the foreseeable future.

3.   Documents required for applications made on the basis of residence in the United Kingdom

(a)   Evidence of lawful residence during the residential qualifying period

•   You should provide your passport. If you are unable to provide your passport, you will be asked to explain why on the application form.

•   If you do not provide your passport, you should provide letters from employers, educational establishments or other government departments indicating your presence in the United Kingdom during the qualifying period.

•   have the right of abode in the United Kingdom; or

•   are a national of the Turkish Republic of Northern Cyprus or

•   a national of Taiwan.

(b)   Evidence that you are free from immigration time restrictions

•   You should provide your passport showing permission to remain in the United Kingdom permanently; or a Home Office letter by which you were given permission to remain in the United Kingdom permanently.

If you came to the United Kingdom as an asylum seeker, you should provide:

•   evidence that you were not in the United Kingdom without permission between exhausting your appeal rights and being granted indefinite leave to remain.

If you entered the United Kingdom before 1971 and were not put under immigration time restrictions you should provide:

•   evidence of being freely landed as a Commonwealth citizen before 1971 or because you arrived as a child on your parent’s passport

4.   Evidence required from European Economic Area and Swiss nationals

(a)   Evidence of your nationality:

•   your passport; or

•   your nationality identity card.

(c)   Evidence of exercising treaty rights for five years:

Evidence must show that the relevant five-year period is covered. You should provide:

•   P60 tax certificates; or;

•   an employer’s letter confirming employment; or

•   a benefits letter confirming job seekers’ allowance claimed; or

•   a benefits letter confirming incapacity benefit claimed; or

documentary evidence confirming pension received.

If you are self-employed/business person, you should provide:

•   evidence from HM Revenue and Customs confirming you have paid tax over the relevant period.

If you are a student, you should provide:

•   a letter from the educational establishment confirming that you were enrolled on a course of study throughout the qualifying period; and

•   evidence that you have comprehensive sickness insurance cover for you and your accompanying family members.

If you are self-sufficient, you should provide:

•   banks statements covering the qualifying period to show evidence of funds; and

•   evidence that you have comprehensive sickness insurance cover for you and your accompanying family members.

If you are retired, you should provide:

•   evidence that you are receiving a state pension.

If you have been unable to work due to ill health, you should provide:

•   a doctor’s letter or medical report confirming you have been unable to work. The letter or report should state whether you are likely to be able to return to work.

What documents are you required to provide if you are applying under category (B)?

You should provide:

•   your partner’s passport or birth certificate; and

•   your marriage or civil partnership certificate.

If you are applying on the basis of crown service or on the basis of marriage to a British citizen in crown or designated service, you should provide a letter from the relevant employer confirming:

•   the date and place of recruitment; and

•   the position held; and

•   the extent to which it would be in the employer’s interest for the application to be granted.

If you are self-employed and do not pay tax through Pay As You Earn (PAYE) arrangements, you should provide:

•   the most recent HM Revenue and Customs self-assessment statement of account.

What is asked on a form AN (naturalisation application form)?

•   Section 1 – personal information

•   Section 2 – residence requirements

•   Section 3 – good character

(You should complete this section as fully as possible. You must provide details of all criminal convictions including road traffic offences, but not fixed penalty notices unless they were given in court. Fixed penalty notices include parking and speeding offences. Drink driving offences must be declared. You do not need to provide details of any convictions which are ‘spent’. Information on how a conviction becomes spent can be found in the section on good character. You should provide details of any offence for which you may go to court are awaiting a hearing in court. This includes if you were arrested for an offence and are waiting to hear if you will be charged. If you are living in Scotland, all recent civil penalties must be declared. If you have had any involvement in terrorism you should declare it. You must also declare if you have been involved in any crimes in the course of armed conflict including crimes against humanity, war crimes or genocide.)

•   Section 4 – crown service

•   Section 5 – referees and identity

(Your application must include details of two referees. The referees should have known you personally for at least three years. One referee should be a person of any nationality who is of professional standing such as a doctor, minister of religion, civil servant or a member of a professional association such as an accountant or a solicitor. The other referee must be a holder of a British citizen passport and either a professional person or aged 25 years or over.

Both referees must be:

(a) not related to you; and

(b) not related to the other referee; and

(c) not your immigration solicitor or agent representing you with this application; and

(d) not employed by the Home Office.

If you are living outside the United Kingdom and do not know a British citizen who can act as a referee, a commonwealth citizen or citizen on the country in which you are living may sign the form provided:

■   he/she is of professional standing in that country; and

■   he/she has known you for three years; and

■   the British diplomatic post where you will be making your application considers his/her signature to be acceptable,

The referees must not have any unspent convictions.)

•   Section 6 – declaration by applicant

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