Naturalisation
Naturalisation is one of the main ways an adult who is not already a British citizen can apply to become a British citizen. It is generally available to people who have lived in the UK for the required period and meet specific legal requirements concerning residence, immigration status, language, the Life in the UK Test and good character.
At SWM Solicitors, we advise on naturalisation applications and help applicants understand whether they meet the requirements before submitting an application.
Who Can Apply for Naturalisation?
Naturalisation is generally available to adults aged 18 or over who meet the relevant statutory requirements.
The most common routes are based on:
- Five years’ residence in the UK; or
- Three years’ residence where the applicant is married to or in a civil partnership with a British citizen.
The requirements differ depending on the route being used.
An applicant who is not applying as the spouse or civil partner of a British citizen will generally need to have held indefinite leave to remain or another form of freedom from immigration time restrictions for at least 12 months before applying.
Applicants who are married to or in a civil partnership with a British citizen may not need to wait for 12 months after obtaining settled status, provided the other requirements are met.
Residence Requirements
Residence is one of the most important parts of a naturalisation application.
For the standard five-year route, an applicant will generally need to show that they have lived in the UK for the required five-year period and were physically present in the UK at the beginning of that qualifying period.
There are also limits on the amount of time an applicant can normally have spent outside the UK.
Where an applicant has significant absences, the application needs to be carefully assessed before submission.
Naturalisation as the Spouse of a British Citizen
Applicants married to or in a civil partnership with a British citizen can generally apply after three years of residence, provided they meet the other requirements.
The residence and absence rules for this route differ from the standard five-year route.
It is therefore important to identify which naturalisation provisions apply rather than automatically applying under the standard residence requirements.
English Language Requirement
Most naturalisation applicants must demonstrate sufficient knowledge of English, Welsh or Scottish Gaelic unless an exemption applies.
Applicants may need to provide accepted evidence of their language ability.
Whether you meet the requirement may depend on previous immigration applications, nationality, qualifications or other circumstances.
Life in the UK Test
Applicants who are required to do so must pass the Life in the UK Test before applying.
The test is designed to demonstrate knowledge of life in the UK and is a separate requirement from the English language requirement.
Applicants should make sure they meet the relevant requirements before submitting their naturalisation application.
Good Character Requirement
Naturalisation applicants must generally satisfy the good character requirement.
This can involve consideration of matters such as criminal convictions, immigration history, deception, financial issues and other relevant conduct.
A previous immigration problem does not necessarily mean that an application will automatically fail, but it may need to be disclosed and carefully considered.
Providing incomplete or inaccurate information can create additional problems.
Supporting Documents
The evidence required will depend on the applicant’s circumstances.
Documents may include:
- Current and previous passports
- Immigration status documents
- Evidence of residence
- Evidence of absences
- Marriage or civil partnership certificate
- Life in the UK Test evidence
- English language evidence
- Evidence relating to identity
- Information concerning previous immigration matters
Applicants must also provide details of two referees who meet the relevant requirements.
Making a Naturalisation Application
Naturalisation applications can generally be made online by applicants living in the UK.
After submission, applicants are required to enrol their biometric information and may be contacted if further information or evidence is required.
The Home Office states that the service level for naturalisation decisions is generally six months, although individual applications can take longer depending on the circumstances.
Citizenship Ceremony
If the application is approved, the applicant normally attends a citizenship ceremony.
At the ceremony, the applicant makes an oath or affirmation of allegiance and a pledge. They then receive their certificate of naturalisation.
The certificate is important evidence of British citizenship but cannot be used as a travel document.
Common Issues With Naturalisation Applications
Naturalisation applications can become complicated where there are:
- Long or frequent absences from the UK
- Previous immigration breaches
- Criminal convictions
- Questions about good character
- Gaps in immigration status
- Problems proving residence
- Difficulties meeting the language requirement
- Unclear nationality history
- Previous refused applications
The correct approach depends on the circumstances and the reason for the issue.
How We Can Help
SWM Solicitors can assess your eligibility for naturalisation and advise on the requirements that apply to your circumstances.
We can:
- Assess the appropriate naturalisation route
- Review your immigration and residence history
- Calculate relevant residence and absence periods
- Advise on the Life in the UK and language requirements
- Review supporting evidence
- Identify potential good character concerns
- Assist with preparing the application
- Advise on issues arising during the application process
- Consider options following a refusal
A naturalisation application should be prepared carefully because the Home Office considers the applicant’s overall circumstances and supporting evidence.