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Naturalisation Applications
British Citizenship by Naturalisation
If you are at least 18 years old and have been granted indefinite leave to remain or have acquired a right of permanent residence in the UK, you may be eligible to apply for British Citizenship by Naturalisation.
Criteria for British Citizenship by Naturalisation
To be naturalised as a British citizen, you must meet statutory criteria concerning your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character. The requirements differ slightly depending on whether you are married to a British citizen or not.
Applying for UK Citizenship: Not Married to a British Citizen
If you are not married to a British citizen (or do not wish to rely on your marriage), the Home Office must be satisfied that:
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You were in the UK five years before the date of your application.
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You have not been absent from the UK for more than 450 days during the past five years.
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You have not breached immigration laws during the five-year period.
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You have not been absent from the UK for more than 90 days in the 12 months before your application.
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You are not subject to any time limit on your stay in the UK and have not been in the past 12 months before your application.
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You are of good character.
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You have sufficient knowledge of the English, Welsh, or Scottish Gaelic language.
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You have passed the Life in the UK test.
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Your home (or principal home) will be in the UK if your application is successful.
Applying for UK Citizenship: Married to a British Citizen
If you are married to a British citizen, the Home Office must be satisfied that:
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You were in the UK three years before the date of your application.
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You have not been absent from the UK for more than 270 days during the past three years.
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You have not breached immigration laws during the three-year period.
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You have not been absent from the UK for more than 90 days in the 12 months before your application.
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You are not subject to any time limit on your stay in the UK at the date of your application.
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You are of good character.
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You have sufficient knowledge of the English, Welsh, or Scottish Gaelic language.
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You have passed the Life in the UK test.
Applying for British Citizenship After ILR
If you are married to a British citizen, you can apply for British Citizenship by Naturalisation as soon as you are granted Indefinite Leave to Remain (ILR), provided you meet all other requirements. If you are not married to a British citizen, you need to be free of immigration time restrictions for at least 12 months before your application, making you eligible 12 months after being granted ILR.
Permissible Days Outside the UK for British Citizenship
To qualify, you must not have spent more than 90 days outside the UK in the 12 months before your application. If not married to a British citizen, you also must not have been away for more than 450 days in the past five years. If married, you must not have spent more than 270 days outside the UK in the past three years.
Good Character Requirement
The British Nationality Act 1981 requires applicants to be of ‘good character,’ a term not explicitly defined in the Act but elaborated in Home Office nationality policy. It includes a non-exhaustive list of conduct disqualifying an applicant, such as criminality, terrorism, financial instability, notoriety, deception, and immigration-related issues. Legal advice ensures any potential issues are addressed in your application.
Special Considerations for EU Nationals
EEA nationals and their family members can apply for UK Citizenship, needing Settled Status at the date of application and having held Settled Status or a right of permanent residence for 12 months prior. They may also apply if granted indefinite leave to remain on another basis for 12 months before applying.
British Overseas Territories Citizens and Others
If you are a British Overseas Territories Citizen, a British National (Overseas), a British Overseas Citizen, a British subject, or a British protected person, you are not a British citizen. Naturalisation is likely unsuitable as you probably have an alternative route through registration.
Referees for Naturalisation Application
You need two referees: one of any nationality with professional standing (e.g., minister of religion, civil servant, accountant, solicitor), and another who holds a British passport and is either a professional person or over 25.
Processing Time for British Citizenship
Applications typically take up to six months, though decisions often come within three months.
Travel During Application Processing
You can travel outside the UK after applying. Submit a certified copy of your passport and keep the original for travel. However, ensure you have evidence of your ILR or other valid immigration status to re-enter the UK. Biometric information must be enrolled within 45 days of application submission. Post-approval, you must attend a citizenship ceremony within 90 days.
Post-Application Process
If successful, you will attend a citizenship ceremony and receive your certificate of naturalisation. You can then apply for a British passport.
Application Fees & Processing Times
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The fee for a Spouse Visa application submitted outside the UK is £1,846, and £1,048 for applications made within the UK. Additional fees apply for priority services.
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Processing times vary, with standard applications taking up to 24 weeks and priority services offering faster decisions. In-country applications generally take up to 8 weeks.
Duration and Extension
A Spouse Visa is initially granted for 30-33 months. Extensions are required before expiry, and after 5 years, you may apply for indefinite leave to remain.
Switching to a Spouse Visa
You can switch to a Spouse Visa from within the UK unless you are a visitor or have leave granted for 6 months or less. Exceptions apply for certain categories, such as fiancées.
Work Rights
Spouse Visa holders can work in the UK.
Settlement
After 5 years, you may apply for ILR, provided you meet all ongoing requirements, including continuous residence and higher English proficiency.
How Can We Help?
Our immigration advisors at Pinnacle assist with all nationality matters. Whether applying for naturalisation independently or based on marriage to a British citizen, we guide you through the complexities of the process with clear, reliable advice in a professional, friendly manner. Get in touch today with one of the options below!
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