Practice Area

Applying If You Are Not Married to a British Citizen

If you are not married to a British citizen (or choose not to rely on your marriage), you must satisfy the Home Office that:

• You were physically present in the UK at the start of the five-year period immediately preceding your application.

• Your total absences from the UK during those five years do not exceed 450 days.

• You have not been in breach of UK immigration laws during this five-year period.

• Your absences from the UK in the 12 months immediately before your application do not exceed 90 days.

• You were not subject to any time limit on your stay in the UK during those 12 months.

• You are of good character.

• You have sufficient knowledge of the English, Welsh, or Scottish Gaelic language.

• You have passed the official "Life in the UK" test.

• You intend to make the UK your principal home (or the main base for your home) if your application is approved.

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Applying If You Are Married to a British Citizen

If you are married to a British citizen, you are subject to slightly different requirements. You must demonstrate that:

• You were physically present in the UK at the start of the three-year period immediately preceding your application.

• Your total absences from the UK during those three years do not exceed 270 days.

• You have not been in breach of UK immigration laws during this three-year period.

• Your absences from the UK in the 12 months immediately before your application do not exceed 90 days.

• You are not subject to any time limit on your stay in the UK on the date of your application.

• You are of good character.

• You have sufficient knowledge of the English, Welsh, or Scottish Gaelic language.

• You have passed the "Life in the UK" test.

Timing Your Application After ILR

The timing of your application depends on your marital status:

• Married to a British Citizen: You can apply for naturalisation as soon as you are granted ILR, provided you meet all other requirements.

• Not Married to a British Citizen: You must have been free from immigration time restrictions for at least 12 months before your application. This means you will typically be eligible to apply 12 months after the date your ILR was granted.

Understanding the Absence Limits

The Home Office applies strict limits on time spent outside the UK in the qualifying period.

The Good Character Requirement

The British Nationality Act 1981 mandates that all applicants for naturalisation be of "good character." While the Act does not explicitly define this term, Home Office policy provides detailed guidance. The list of disqualifying factors includes, but is not limited to:

• Criminality and serious convictions.

• Involvement in terrorism or extremism.

• Financial instability, including bankruptcy or serious debt.

• Notoriety that would bring disrepute to the UK.

• Deception or dishonesty in any dealings with the Home Office or in the application itself.

• Serious immigration breaches.

Seeking professional legal advice is highly recommended to ensure any potential character issues are properly addressed in your application.

Special Considerations for Specific Groups

• EU, EEA, and Swiss Nationals: You can apply for citizenship if you hold Settled Status under the EU Settlement Scheme on the date of your application. You will also need to have held Settled Status, or a right of permanent residence, for at least 12 months prior to your application. If you have been granted ILR on another basis, you must also have held it for 12 months before applying.

• British Overseas Territories Citizens and Others: If you hold a status such as British Overseas Territories Citizen, British National (Overseas), British Overseas Citizen, British Subject, or British Protected Person, you are not a British citizen. Naturalisation may not be the appropriate route for you, as you likely have an alternative pathway through registration.

Referees for Your Application

You are required to provide two referees to support your application:

1. First Referee: Must be of any nationality but of professional standing (e.g., a minister of religion, civil servant, accountant, or solicitor).

2. Second Referee: Must hold a British passport and be either a professional person or over 25 years of age.

The Application Process: What to Expect

• Processing Time: The Home Office aims to process naturalisation applications within six months, although many decisions are made within three months.

• Travel During Processing: You are permitted to travel outside the UK after you have submitted your application. It is advisable to submit a certified copy of your passport and keep the original for travel purposes. However, you must have evidence of your ILR (or other valid status) to re-enter the UK. Remember that you must enrol your biometric information within 45 days of submitting your application. After your application is approved, you will have 90 days to attend a citizenship ceremony.

The Final Steps

If your application is successful, you will be invited to attend a citizenship ceremony. At the ceremony, you will take an oath or affirmation of allegiance and receive your certificate of naturalisation. Once you have this certificate, you can then apply for a British passport.

Please note: The section on "Application Fees & Processing Times," "Duration and Extension," and related topics that appeared in the original text appears to be out of place (they relate to Spouse Visa information). For accurate and up-to-date fees for naturalisation, please refer to the official Home Office fee list, as the fee changes periodically and is not included in the main body of the original article.

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