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British Naturalisation

British naturalisation is the legal process of becoming a British citizen if you are not British by birth.

 

Contact our British naturalisation lawyers for a free consultation to discuss your application.

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Table of Contents

What is British naturalisation?

British naturalisation is the legal process by which a foreign national applies to become a British citizen. It is the common route to British citizenship for migrants who have settled permanently in the UK. In most cases, applicants must first hold Indefinite Leave to Remain (ILR), Indefinite Leave to Enter (ILE), or another qualifying form of settled status, and must meet all other naturalisation requirements.

It is important to understand that after you are naturalised as a British citizen, you will not automatically receive a British passport. You will receive a Certificate of Naturalisation on the date of your citizenship ceremony, unless you are exempt from attending. You can then apply separately for a British passport using your Certificate of Naturalisation as evidence of your citizenship.

What are the British naturalisation requirements?

An applicant for British naturalisation must meet all of the following requirements:

  • Be at least 18 years old
  • Be free from immigration time restrictions (for example, by holding ILR, ILE, EUSS settled status, or having the right of abode)
  • Meet the residence requirements, including the qualifying residence period, permitted absences, and physical presence requirements
  • Meet the good character requirement
  • Meet the English language requirement (at least CEFR Level B1)
  • Meet the future intention requirement: intend to make the UK your principal home (this does not apply to applicants married to or in a civil partnership with a British citizen)

Free from immigration time restrictions requirement

To naturalise, you must be free from immigration time restrictions. This means you hold a form of leave or status with no time limit, such as:

  • Indefinite Leave to Remain (ILR)
  • Indefinite Leave to Enter (ILE)
  • Settled status under the EU Settlement Scheme (EUSS)
  • The right of abode in the UK
  • Irish citizenship (which confers the right to live in the UK)

Importantly, for applicants who are not married to or in a civil partnership with a British citizen, you must generally also have been free from immigration time restrictions for at least 12 months before applying. For example, if you hold ILR, you must normally have held it for 12 months before your application. Applicants who are married to or in a civil partnership with a British citizen do not need to wait 12 months after obtaining settled status before applying.

Residence requirements

The residence requirements vary depending on whether you are married or not to a British citizen:

If you are not married to or in a civil partnership with a British citizen, you must have:

  • Been in the UK at the start of the 5-year period ending on the date of your application
  • Not been absent from the UK for more than 450 days during that 5-year period
  • Not been absent from the UK for more than 90 days in the final 12 months before your application

If you are married to or in a civil partnership with a British citizen, you must have:

  • Been in the UK at the start of the 3-year period ending on the date of your application
  • Not been absent from the UK for more than 270 days during that 3-year period
  • Not been absent from the UK for more than 90 days in the final 12 months before your application

Good character requirement

The good character requirement applies to all naturalisation applicants. Home Office assesses each application individually, considering a range of factors such as:

  • Criminality, including any criminal convictions in the UK or overseas
  • International crimes, terrorism, and other activity considered not conducive to the public good
  • Financial soundness, including tax compliance
  • Deception and dishonesty
  • Immigration-related matters, including any breaches of immigration law

It is  important to bear in mind the following updates in good character requirements in recently years:

  • From 10 February 2025, those who entered the UK illegally will normally be refused British citizenship, regardless of how long ago that illegal entry took place. This includes those who arrived without a valid entry clearance or who made a dangerous journey such as by ‘small boat’.
  • Applicants with a custodial sentence of 12 months or more, or consecutive sentences totalling 12 months or more, will normally be refused. This represents a significant change from the previous threshold, which was a custodial sentence of at least 4 years.

Read our guide on the Good Character Requirement for Naturalising as a British Citizen

Future intention requirement

Future intention requirement means applicants who are not married to a British citizen must intend, if naturalised, to have their principal home in the UK. This requirement does not apply to applicants who are married to or in a civil partnership with a British citizen. The Home Office will assess this requirement by looking at whether your plans and circumstances show a genuine intention to remain in the UK as your main home. As such, evidence of close ties, family, employment, and property in the UK will strongly help your case.

However, this requirement is likely not to be met where, for example, an applicant has already arranged to take up permanent residence abroad, has firm plans to emigrate following naturalisation, or has no established home or family life in the UK. The Home Office will consider the totality of the applicant’s circumstances when making this assessment.

If you are unsure if you meet all of the requirements above for British Naturalisation, speak to one of our helpful immigration solicitors. Call us on 020 3744 2797 for advice on becoming a British citizen.

What if you exceed the permitted absences requirement?

If you exceed the permitted absence limits, your application will not necessarily be refused, particularly where they are only slightly above the limits or where there are compelling reasons, such as overseas employment, family circumstances or compassionate reasons. However, the greater the number of excess absences, the less likely it is that discretion will be exercised.

It is also important to understand absences are counted in whole days. The dates of departure from and arrival in the UK are not counted as days absent. For example, if you left the UK on 22 September and returned on 23 September, you would not be counted as having been absent at all.

When your naturalisation may still be approved despite excess absences

The Home Office will normally exercise its discretion and overlook absences where the excess is 30 days or less above the permitted limit. For larger excess absences, discretion may be exercised if you have established your home, employment, family, and finances in the UK and one or more of the following applies:

  • At least 2 years of residence in the UK (for applicants who are not married to a British citizen) or 1 year (for applicants who are married to/ civil partner of a British citizen) without substantial absences immediately before the qualifying period
  • The excess absences were the result of postings abroad in Crown service or accompanying a British citizen spouse or civil partner on an overseas appointment
  • The excess absences were an unavoidable consequence of your career, such as working as a merchant seaman or for a UK-based multinational company with frequent travel
  • There were exceptionally compelling reasons of an occupational or compassionate nature, such as a firm job offer requiring British citizenship
  • You were unable to return because of a global pandemic such as COVID-19
  • You were incorrectly prevented from resuming permanent residence following an absence

For absences in the final 12 months of the qualifying period, the Home Office will normally exercise discretion for absences of up to 100 days. For absences between 100 and 180 days, discretion may be considered if you have strong links through family, employment, and your home in the UK. For absences of more than 180 days, discretion is increasingly unlikely unless there are exceptional circumstances such as Crown service or compelling compassionate reasons.

When excess absences are likely to result in your naturalisation being refused

If your excess absences significantly exceed the limits and do not fall within any of the categories above, discretion is unlikely to be exercised. The greater the number of excess absences and the less compelling the reasons, the less likely the Home Office is to approve your application. You would normally be advised to wait until you can meet the residence requirements within the statutory limits and re-apply.

Do bear in mind, however, that this is general information based on Home Office guidance and does not guarantee any particular outcome. Naturalisation is discretionary in all cases. If you are uncertain whether your absences are likely to cause a problem with your application, it is advisable to speak to our immigration lawyers before you apply.

British naturalisation document checklist

Please note: there is no single official Home Office checklist that lists every document every applicant must provide, as the documents required depend on your individual circumstances. The following is a summary of the types of documents you are likely to need when applying for British citizenship through naturalisation.

  1. Proof of identity: Current valid passport
  2. Proof of immigration status: eVisa showing ILR or settled status, certificate of entitlement to the right of abode, or other evidence confirming you are free from immigration time restrictions
  3. Proof of residence in the UK: For example, bank statements, utility bills, employment records, tax records, or correspondence from official bodies covering the qualifying period
  4. Evidence of absences: Passports or travel documents covering the qualifying period, showing all journeys in and out of the UK
  5. English language evidence: A recognised qualification at CEFR Level B1 or above, or evidence that you are exempt (for example, if you are a national of a majority English-speaking country)
  6. Life in the UK test pass letter
  7. Referee details: You will need two referees who meet the Home Office criteria
  8. Marriage or civil partnership certificate (if applying under section 6(2)): Evidence that you are married to or in a civil partnership with a British citizen

How to apply for British naturalisation

You can apply for British naturalisation online once you meet the relevant eligibility requirements. Before applying, you should gather your residence and absence records, check your documents are in order, and confirm that your referees meet the Home Office requirements.

The main steps are:

  1. Check your eligibility against all requirements, including residence, absences, and good character
  2. Gather the required documents
  3. Complete and submit the online application
  4. Provide biometric information at an appointment, if required
  5. Attend a citizenship ceremony and take the oath and pledge

The Home Office usually decides naturalisation applications within 6 months, although some cases take longer. For more detail on each stage of the process, see our guide to the British citizenship through naturalisation timeline.

What if your British naturalisation application is refused?

If your application is refused, it is important to read the refusal letter carefully. It will explain the reason for refusal, which determines your options going forward.

If your naturalisation application is refused, you do not have a right of appeal against the decision. However, if you believe the decision was based on an error in law, policy, or procedure, you may ask the Home Office to reconsider by submitting Form NR. This is not a formal appeal but a request for the decision to be reviewed.

In limited cases where the refusal is arguably unlawful, a judicial review may be a better option. Judicial review is not a second appeal on the merits of the decision; rather, it is a challenge to the lawfulness of the way the decision was made. If the refusal was correct on the facts as they stood, but your circumstances have since changed, a fresh application may be more appropriate. For example, if your application was refused because you had not held ILR for 12 months, you may be able to reapply once that period has passed.

For complex cases or where the reason for refusal is unclear, seeking legal advice is strongly recommended.

If your naturalisation application has been refused, speak to one of our immigration solicitors by calling us on 020 3744 2797 as soon as possible. 

References:

GOV.UK: Apply for citizenship if your spouse is a British citizen

GOV.UK: Apply for citizenship if you have indefinite leave to remain or ‘settled status’

GOV.UK: Naturalisation as British citizen by discretion

GOV.UK: Application for review when British citizenship is refused: form NR

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