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British Naturalisation

British naturalisation refers to the legal process of attaining British citizenship if one is not British by birth. It grants individuals the same rights and privileges as native British citizens, including the ability to obtain a UK passport, reside, work, access public services, and travel in and out of the UK without immigration constraints.

Criteria:

  • Must be 18 years of age or older.
  • Must have held Indefinite Leave to Remain (ILR) status for a minimum of 1 year.
  • Must have possessed EU Settled Status under the EU Settlement Scheme (EUSS) for at least 1 year.
  • Should be married to or in a civil partnership with a British citizen and have resided in the UK for a minimum of 3 years

Requirements for naturalisation if you have indefinite leave to remain or EU Settled Status:

  • Reside in the UK for at least 5 years and hold one of the following, continuously for at least one year:
    • Indefinite Leave to Remain (ILR) in the UK
    • Settled Status under the EU Settlement Scheme
    • Indefinite Leave to Enter the UK
    • Note: If applying based on marriage, civil partnership, or relationship to a British national, the additional one-year residence requirement is not necessary.

Additional criteria:

    • Be over 18 years old.
    • Demonstrate residence in England, Wales, Scotland, Northern Ireland, the Isle of Man, or the Channel Islands for the 5 years preceding the UK naturalisation application submission.
    • Not have been outside the UK for more than 450 days in the 5-year period before applying.
    • Not have been outside the UK for more than 90 days in the 12-month period before applying.
    • Demonstrate knowledge of the English language, or Welsh or Scottish Gaelic.
    • Be of sound mind to comprehend the naturalisation process.
    • Pass the life in the UK test.
    • Intend to continue residing in the UK after acquiring UK citizenship.
    • Exhibit good character without any breaches of immigration rules

Requirements for citizenship if you are married to or in a civil partnership with a British citizen:

The prerequisites align closely with those previously mentioned, albeit with a shorter residency requirement of only 3 years before applying. For instance, if your application reaches the Home Office on 05/05/2022, you must have been residing in the UK since 06/05/2019.

Furthermore, regulations stipulate that you must not have been absent from the UK for more than a total of 270 days during the 3-year period. This duration signifies the maximum allowable time spent outside the UK when seeking British Citizenship. Additionally, you must not have been outside the UK for more than 90 days in the 12 months preceding your naturalisation application

The Requirement of ‘Good Character’:

The requirement of ‘good character’ entails the following:

  • Demonstrating respect for the rights and freedoms of the UK, adhering to its laws, and fulfilling your obligations as a UK resident.
  • Providing truthful information to the Home Office.
  • Settling any taxes owed to HMRC.
  • Meeting the criteria concerning criminal history.

You will be asked to disclose any criminal convictions, including road traffic offenses. Not all offenses automatically lead to rejection of your application; the decision depends on factors such as the nature of the offense, whether a prison sentence was issued, its duration, and the time elapsed since its completion. For instance, an application is likely to be declined if a sentence of up to 1 year was received, unless 10 years have passed since its conclusion.

The Requirement of ‘Sound Mind’:

‘Sound mind’ signifies having the cognitive capacity to understand the actions involved in applying for naturalisation. However, the Home Office may waive this requirement if granting naturalisation is deemed to be in the applicant’s best interests. If applying on behalf of someone in such a condition, it’s crucial to provide details of their mental health condition, confirm caregiving arrangements, and furnish evidence of care provision.

Knowledge of Life in the UK Requirements:

You must pass the Life in the UK test, assessing your understanding of British history, culture and society. This test must be completed at an approved center. Resources are available online, including books offering guidance on test preparation. Exemptions from this requirement may apply if you’re under 18 or over 65, or if you have a long-term physical or mental condition.

English Language Requirement:

To attain citizenship through naturalisation, you must fulfil English language requirements by either:

  • Passing a CEFR English qualification at B1, B2, C1, or C2 level.
  • Holding a degree taught or researched in English.

Exemptions from this requirement may apply if you’re under 18 or over 65, or if you have a physical or mental condition. Additionally, citizens from certain countries, including Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, or the USA, are exempt from meeting the English language requirement.

The steps to apply for British citizenship through naturalisation:

  1. Apply online by filling out form AN1 on the Home Office website.
  2. Provide details of two referees whom you’ve known personally for at least three years. One referee must be a British citizen and a professional over 25 years old, while the other must have professional standing (e.g., lawyer, police officer, accountant).
  3. Pay the British naturalisation fee of £1,330 online during the application process.
  4. Schedule an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide biometric information (fingerprints and a photo), if required.
  5. Upload necessary documents online or during your UKVCAS appointment.
  6. Respond promptly to any inquiries from the Home Office regarding your application to prevent rejection, ideally within one week.
  7. Upon approval, attend a citizenship ceremony near your residence to receive your Certificate of Naturalisation.
  8. Return your Biometric Residence Permit (BRP) to the Home Office after receiving your Certificate of Naturalisation.
  9. Apply for a British passport once you have your Certificate of Naturalisation.

British naturalisation fee

The cost associated with British naturalisation is £1,330 as the application fee. Additionally, there is a separate charge of £19.20 to have your biometric information (fingerprints and a photo) taken.

After acquiring British citizenship through naturalisation, you can proceed to apply for a British passport online. Here’s what you’ll need to do:

  1. Fill out the online application form.
  2. Submit a digital photo that adheres to the Home Office specifications.
  3. Provide any necessary documents as requested.
  4. Pay the application fee, which amounts to £75.50 for adults and £49 for children.
  5. If required, have your identity confirmed by someone else. The typical processing period for a British passport is approximately five weeks.

British Citizenship Refused: What Are Your Options?

 

If your application for British naturalisation is declined by the Home Office, it’s essential to know that there are usually alternative avenues to explore. Understanding the specific reasons for the refusal, as outlined in the decision letter, is crucial. Consulting with an immigration solicitor who specializes in citizenship application rejections is highly advisable. They can assess your situation and advise on the most suitable course of action, which might include:

  • Submitting a new application.
  • Requesting an Administrative Review if there were errors on the part of the Home Office.
  • Initiating an appeal if it’s an available option.
  • Pursuing a Judicial Review to challenge the legal basis of the decision. It’s important to act swiftly since there’s typically a limited window of time within which to pursue a review or appeal process.