BRITISH CITIZENSHIP
Also referred to as 'naturalisation', it is the process by which an adult migrant becomes a British citizen. For many, it is the final step in the immigration journey, often after indefinite leave to remain. If successful, 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?
There are two ways to naturalise as a British citizen under the British Nationality Act 1981
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
What's the difference?
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 REQUIREMENTS
Section 6(1)
If you are applying 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
You must not have:
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Been absent from the UK for more than 450 days in that 5-year period; and
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Been absent from the UK for more than 90 days in the 12-months before the date of your application.
Section 6(2)
If you are applying 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
You must not have:
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Been absent from the UK for more than 270 days in that 3-year period; and
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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 2025 must have been legally present in the UK on 1st March 2020. Similarly, an applicant applying under Section 6(2) who applied on 1st March 2025 would have to show they were legally present in the UK on 1st March 2022.
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
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This may occur in situations where you were prevented from being in the UK due to having been removed, but later had the decision to remove you overturned.
Incorrect prevention of return
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Where you were incorrectly prevented from resuming permanent residence in the UK after an absence.
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For example, you held indefinite leave to remain (settlement) but were incorrectly considered to have been absent from the UK for more than 2 consecutive years, thereby losing your settled status.
Exceptional reasons preventing return
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This may apply where you are normally resident in the UK but there were exceptional circumstances preventing your return.
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For example, due to illness, family emergency, or travel restrictions.
Member of the Armed Forces
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If you are or were a member of the armed forces on the first day of the 5-year qualifying period, and you were unable to be physically present in the UK due to your service.
WHAT IF THE QUALIFYING PERIOD HAS BEEN MISCALCULATED?
Applicants are asked on the application form to agree to UKVI using 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, which you must book online at least 3 days in advance. You can choose where to take your test when you book.
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
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
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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 activites
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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
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If your financial affairs have not been in proper order.
For example, you have failed to pay taxes for which you were liable or you have accrued significant debt.
Notoriety
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If your activities have been notorious and cast serious doubt on your standing in the local community.
Deception and dishonesty
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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).
Poor immigration history
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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
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If you have previously been deprived of your 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.
You must make sure:
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Neither of your referees are related to you
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Neither referee is your legal representative
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Neither referee is employed by the Home Office
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Neither referee must have been convicted of an imprisonable offence in the last 10 years.
FEE & PROCESSING
The current processing time for naturalisation applications is approximately 6 months. The current fee is £1,735.
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 refused, 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.
HOW WE CAN HELP
British citizenship applications can be very complex, particularly where there is uncertainty over your eligibility or if there are factors which make the processing of your application more complex. Mistakes can be expensive and may significantly delay the time it takes for you to naturalise and obtain your British passport. This makes it very important to have experts by your side who can make the process easier and give much needed confidence to make a strong application.
At Lace Law LLP, we offer comprehensive support throughout your naturalisation journey. From your initial consultation to the final decision, you will have a dedicated expert who will meticulously prepare your application, maintain regular communication, and promptly respond to any concerns along the way. We pride ourselves on this personal approach, which we feel not only provides a greater experience to you, but also increases the likelihood of a successful outcome.
Don't let the process be more stressful than it needs to be. Contact us today to have a dedicated partner by your side on your immigration journey.
