Naturalisation
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DavidsonMorris | Solicitors
Unless you are British by descent, to become a UK citizen you have to apply to the Home Office through the process of British Naturalisation.

With British citizenship, you can apply for a British passport, vote, and live and work in the UK free from immigration controls.

Through your naturalisation application, you will need to evidence that you meet the naturalisation criteria, or your application will be refused and your fee will not be refunded.

You have to meet certain legal requirements to be naturalised as a British citizen.

You are eligible to apply for British naturalisation if you satisfy the following criteria:

Age

You are 18 years old or over.

UK residence & valid status

You have held settled status in the UK for at least 12 months at the time of making your application, either under Indefinite Leave to Remain, or as an EEA national with EU settled status in the UK.

Absence

You do not have excessive absences from the UK during the qualifying period. When calculating the number of days absent, the Home Office does not take into account days that were spent travelling.

Naturalisation test

You satisfy the English language requirements and have passed the Life in the UK test.

Good character

You are of ‘good character’ and do not have a serious or recent criminal record and have not broken any immigration laws or conditions while in the UK.

Lawful immigration status

You must have held valid and lawful immigration status during the qualifying residency period.

Residency intentions

You must intend to make the UK your permanent home.

The citizenship requirements also vary depending on whether you are married to a British citizen.

The Life in the UK Test costs £50.

You will be required to answer 24 multiple choice questions, and they will cover a wide range of subjects, such as British history, daily life, values, and traditions.

To prepare for the test, you should use the Life in the UK Handbook; this features the information about UK customs, culture and history that form the basis of the test questions.

To pass, you need to score at least 18 (75%). You can retake the exam as often as necessary to pass. Each time you take the test, you will be charged the same fee.

The Life in the UK Test will not need to be passed in order for you to apply for Indefinite Leave to Remain in the UK if you have already completed it and received a certificate.

You will not need to take the Life in the UK test if you have already passed the test for a previous Home Office application such as applying for ILR.

You will not be required to take the Life in the UK Test to obtain British nationality if you are under the age of 18 or above 65. Anyone with a chronic mental disease, physical impairment, or both may apply for an exemption to the Life in the UK requirement.

According to the British Nationality Act of 1981, a person must be of “good character” in order to naturalise as a British citizen. The term “good character” is not defined in the Act, but the Home Office guidelines outline how caseworkers should evaluate this requirement. This includes a non-exhaustive list of behaviours that indicate an applicant lacks “good character,” such as criminal activity, support for terrorism, sound finances, notoriety, deception and dishonesty, and immigration-related issues.

Any application for British citizenship by naturalisation must carefully evaluate the good character criteria because even seemingly minor details can result in a refusal outcome.

If you have any concerns about meeting the good character requirement, take professional advice. Potential difficulties should be identified and addressed as part of your application for UK citizenship to avoid falling foul of the rules.

The timeline for applying for British Naturalisation if you are not relying on marriage or civil partnership and if you are an EU national who arrived in the UK after 1 January 2021, is typically as follows:

Year 1 – Arrival into UK

The date you arrive in the UK with lawful permission to remain for a limited period – such as under a Skilled Worker visa – is when the clock starts in your UK residency for any future ILR or citizenship application.

Year 5 – Apply for ILR

After five years of continuous residence in the Uk with lawful status, you become eligible to apply to settle permanently through ILR. Once granted ILR status, you have to wait twelve months before you become eligible for naturalisation.

Year 6 – Apply to naturalise

After living as a permanent resident with ILR for a full year, you can make the naturalisation application.

The timeline for applying for British Naturalisation if you are married to or in a civil parnership with a British citizen is as follows:

Year 1 – arrival into UK

The date you arrive in the UK with lawful permission to remain for a limited period – such as under a Spouse visa – is when the clock starts in your UK residency for any future ILR or citizenship application.

Year 5 – Apply for ILR & naturalisation

You can apply to settle in the UK indefinitely after 5 years. You must be able to show that you were living in the UK on the exact date 3 years prior to submitting your application.

Once your are granted ILR, you can apply straight away for citizenship.

To apply for British citizenship, you have to make a formal application to the Home Office by completing the relevant application form, in most cases this will be Form AN for adults naturalising. You also have to submit all of the required supporting documentation and pay the application fee, which is £1500 from 4 October 2023).

In support of your application, you will also need to compile and submit documents to prove your eligibility.

The application form is 30 pages long and has accompanying guidance which you should read before you complete the document.

Form AN is extensive. You must fill out the form accurately and in full in order to prove your eligibility and avoid issues with your application.

The form is divided into various sections. You must include your personal information, information about your work situation in the UK, information about any dependents applying with you, and documentation of your UK residency.

If you are applying for citizenship on the basis of marriage, you will also need to provide additional documentation to prove your relationship is genuine and legal.

Additionally, information on your two designated referees must be provided. Your referees must attest to the accuracy of the information in your application form AN by signing and approving it.

You’ll need to include the following details with your Form AN:

Personal Information – This contains details about you, such as your name and contact information, the names and contact information for your parents and partner, any pertinent employment information, and your familiarity with living in the UK.

Residence requirements – This will contain information about your present place of residence in the UK as well as comprehensive records of any overseas trips you may have taken in the five years prior to your application. Details on permanent residency must be provided for EEA and Swiss nationals.

Evidence of Good Character – You must disclose any details on previous convictions or criminal history. This includes any warnings you may have gotten. Even if the information concerning criminal conduct in the UK is of utmost importance, it’s equally crucial to disclose any convictions you may have gotten elsewhere.

Referees: It’s critical that you have two officially appointed referees and are able to include complete contact and personal information for each person in form AN.

Declaration – This is your chance to support your claim with evidence that shows you are qualified and suitable to get full British citizenship through naturalisation.

The information concerning yourself, absences and documents that you submit in support of your application must be comprehensive or you risk the application being delayed or refused, with a loss of your application fee.

UKVI also have powers to take action where it is alleged you have made a false statement or submitted a fraudulent document.

In most cases, you will also need to attend an appointment at a UKVCAS centre to submit your biometric information.

Once submitted, UKVI will then review your submission, cross-referencing with information such as HMRC records, verifying your visa status in the UK and as well as checking for any criminal or civil matters which may disbar you.

The absence rule is one of the most common grounds for refused naturalisation applications.

You must not have spent more than 90 days outside of the UK in the 12 months preceding the date of your application for British Citizenship by Naturalisation.

You must also not have spent more than 450 days outside of the UK in the five years prior if you are not married to a British citizen. You must have spent no more than 270 days abroad of the UK in the three years before if you are married to a British citizen.

British naturalisation applications commonly fail due to incorrect documentation, errors when completing the form and failing to respond to Home Office enquiries in a timely manner.

You can avoid a refused application by taking professional advice on how to make your British naturalisation application.

We understand how stressful Home Office application processes can be, and take a proactive approach to keeping you updated on the progress of your application. We take great pride in playing a supportive role to ease the pressure as you make a life-changing process.

Contact us for specialist support with your naturalisation application.