Naturalisation
Also referred to as 'British citizenship', naturalisation is the process by which an adult foreign national becomes a British citizen. For many, it is the final step in the immigration journey, often following indefinite leave to remain. Subject to meeting the eligibility criteria, you will formally attend a citizenship ceremony and receive a certificate of naturalisation, enabling you to apply for a British passport.
How does naturalisation work?
The British Nationality Act 1981 confers two ways of naturalisation as a British citizen:
Section 6(1)
If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
Section 6(2)
If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen, or is the civil partner of a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.
The difference between these routes is based on whether you are naturalising on the basis of your marriage to a British citizen. Section 6(1) applies if you are not married to a British citizen and Section 6(2) applies if you are. The residence requirements must be met for both routes.
Residence Requirement
If you are applying to naturalise under Section 6(1), you must have:
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Been physically present in the UK at the beginning of the 5 year period before the date of your application; and
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Not been absent from the UK for more than 450 days in that 5 year period; and
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Not been absent from the UK for more than 90 days in the 12 months before the date of your application.
If you are applying to naturalise under Section 6(2), you must have:
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Been physically present in the UK at the beginning of the 3 year period before the date of your application; and
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Not been absent from the UK for more than 270 days in that 3 year period; and
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Not been absent from the UK for more than 90 days in the 12 months before the date of your application.
Both Sections 6(1) and (2) require that you must not have been in breach of any immigration laws at any time within the 5 or 3 year period prior to the date of application.
Qualifying Period
The 5 or 3 year qualifying period is calculated using the date of application for naturalisation minus the length of the qualifying period. For example, an applicant applying under Section 6(1) who made an application on 1st March 2023 must have been legally present in the UK on 1st March 2018. Similarly, an applicant applying under Section 6(2) who applied on 1st March 2023 would have to show they were legally present in the UK on 1st March 2020.
What if I was not present at the start of the qualifying period?
If you were not legally present in the UK at the start of the qualifying period, your application will normally be refused. However, there are few limited situations where UKVI may exercise discretion, as introduced by The Nationality and Borders Act 2022.
Incorrect removal
This may be the case were you were prevented from being in the UK due to removal, but later had the decision to remove you overturned.
Incorrect prevention of return
Where you were incorrectly prevented from resuming permanent residence in the UK following an absence. For example, if you held indefinite leave to remain but were incorrectly considered to have been absent from the UK for more than 2 continuous years, thereby losing your settled status.
Exceptional reasons preventing travel
This may apply where you were normally resident in the UK but there were exceptional reasons why you could not return from abroad at that time. For example, due to illness or travel restrictions because of the pandemic.
Member of the armed forces
Where the applicant is a current or former member of the armed forces who was a member of the UK armed forces on the first day of the 5 year qualifying period and they were unable to be physically present on the first day due to their service in the armed forces.
What if the Qualifying Period has been miscalculated?
Applicants are asked on the application form to agree that UKVI uses a different date as the date of application, where this would work to their advantage. For example, if an applicant did not satisfy the requirements of the qualifying period at the date of application but does meet them at any time between the date of application and the date the application is considered, the application may be granted.
If the qualifying period would be satisfied within 2 months of the date of consideration, UKVI may put the application on hold until the qualifying period is met. If the qualifying period is over 2 months away, the application will likely be refused unless there are exceptional reasons to exercise discretion.
Knowledge of language and life in the UK
You must have sufficient knowledge to pass the Life in the UK test. To satisfy the English language requirement, you must either be a national of an English-speaking country, hold a degree which was taught in English, or pass an approved English language test.
Good character requirement
A crucial part of naturalisation applications is the 'good character' requirement. The Home Office gives the following guidance about this:
Consideration must be given to all aspects of a person’s character, including both negative factors, for example criminality, immigration law breaches and deception, and positive factors, for example contributions a person has made to society. The list of factors is not exhaustive.
Each application must be carefully considered on an individual basis on its own merits. You must be satisfied that an applicant is of good character on the balance of probabilities.
The following examples will likely result in an applicant failing the 'good character' requirement:
Criminality
If you have not respected or are not prepared to abide by the law. For example, you have been convicted of a crime or there are reasonable grounds to suspect, meaning it is more likely than not, that you have been involved in crime
International crimes, terrorism, and other non-conducive activity
If you have been involved in or associated with war crimes, crimes against humanity or genocide, terrorism, or other actions that are considered not to be conducive to the public good.
Financial soundness
If your financial affairs have not been in appropriate order. For example, you have failed to pay taxes for which you were liable or you have accrued significant debt.
Notoriety
If your activities have been notorious and cast serious doubt on your standing in the local community.
Deception and dishonesty
If you have been deliberately dishonest or deceptive in your dealings with the UK government. For example, you have made false claims in order to obtain public funds (benefits).
Immigration history
If you have breached immigration laws. For example, by overstaying, working in breach of your conditions, or assisting in the evasion of immigration control.
Deprivation
If you have previously been deprived of citizenship.
Referees
You will need to ask two people to act as your referees. The first referee can be a person of any nationality who has professional standing (e.g. a minister of religion, civil servant, or a member of a professional body like a accountant or solicitor). The second referee should be a British citizen and either a professional person or over the age of 25.
Additionally:
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Neither of your referees cannot be related to you.
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Neither referee can be your legal representative.
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Neither referee can be employed by the Home Office.
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Neither referee must have been convicted of an imprisonable offence in the last 10 years.
Fees
The current application fee for naturalisation applications is £1,580.
Outcome
If your application for naturalisation is successful, you will be notified by letter or email. You will also receive an invitation from UKVI to attend your citizenship ceremony where you will make an oath of allegiance (or an affirmation) and a pledge to respect the rights, freedoms, and laws of the UK. Afterwards, you will receive your certificate of naturalisation confirming your new nationality. You must have a certificate of naturalisation to apply for a British passport.
If your application for naturalisation is refusal, you will be notified by letter or email of the reasons for refusal. You will not usually have a right of appeal. However, you may consider requesting an administrative review if you believe the incorrect decision has been made due to a casework error by UKVI.