British Naturalization
- Introduction
- Before Applying
- The Windrush Scheme
- OISC and Immigration Advice
- Citizenship Ban
- Eligibility for Naturalisation as a British Citizen
- Step-by-Step Naturalisation Process
- Residency and Absences
- Lawful Residence and Time Restrictions
- Knowledge of Language and Life in the UK
- Good Character Requirement
- Criminality
- Referees for Your Application
- Biometric Enrolment
- Application Processing Time and Travel
- Citizenship Ceremony
- Returning Your Biometric Residence Permit
- FAQs
- Contact Information: Shams Britvisa Lawyers Ltd
Naturalisation as a British Citizen: A Comprehensive Guide condensed by Shams Britvisa Lawyers Ltd
Introduction
This guide outlines the essential criteria for applying for British citizenship through naturalisation. Recent updates, particularly under the Nationality and Borders Act 2022, have made it easier to meet lawful residence requirements. This document is designed to clarify the process and answer key questions about eligibility, evidence, and the application procedure.
Before Applying
Before proceeding, it’s important to verify if your country of origin allows dual nationality. If it does not, you may lose your original citizenship upon becoming British. This process does not provide you with UK immigration status while pending, so ensure your visa remains valid until you receive your decision and attend the citizenship ceremony.
The Windrush Scheme
The Windrush Scheme assists individuals who arrived in the UK many years ago and lack documentation. If you’re eligible, use the specific Windrush application form. There is no fee for applications under this scheme.
OISC and Immigration Advice
Immigration or nationality advisers should be regulated by the Office of the Immigration Services Commissioner (OISC). Unauthorized immigration advice is a criminal offense.
Citizenship Ban
As per the Illegal Migration Act 2023, a ban on citizenship for individuals who entered the UK illegally after March 7, 2023, was introduced. This regulation is yet to come into effect as of July 2024.
Eligibility for Naturalisation as a British Citizen
Here are the key eligibility routes, depending on your circumstances.
| Criteria | Section 6(1) (General) | Section 6(2) (Married to British Citizen) |
| Age | Must be 18 years or older | Same as Section 6(1) |
| Sound Mind | Must understand the implications of naturalisation | Same as Section 6(1) |
| Residency | Must have resided in the UK for 5 years | Must have resided in the UK for 3 years |
| Physically Present | Must have been physically present in the UK 5 years before application | Must have been present in the UK 3 years before application |
| Absence Limit | No more than 450 days out of the UK in the past 5 years, and 90 days in the past year | No more than 270 days in the last 3 years, and 90 days in the past year |
| Immigration Time Restrictions | Must be free of immigration restrictions for 12 months | Must be free from restrictions at the time of application |
| Language and Life in the UK | Must pass Life in the UK Test and meet language requirements | Same as Section 6(1) |
| Good Character | Must meet good character criteria | Same as Section 6(1) |
Step-by-Step Naturalisation Process
- Check Your Eligibility Ensure you meet the age, residency, good character, and language requirements.
- Submit Your Application Applications should preferably be submitted online, though paper applications are accepted under certain circumstances.
- Biometric Enrolment You will receive instructions on how to enrol your biometric details.
- Wait for Decision The decision process typically takes up to 6 months. Make sure your visa remains valid during this period.
- Attend the Citizenship Ceremony Once approved, attend a ceremony where you will make an oath of allegiance and receive your naturalisation certificate.
Residency and Absences
| Category | Time Period Required | Maximum Absences Allowed |
| General Naturalisation (Section 6(1)) | 5 years | 450 days in 5 years, 90 days in the last year |
| Spouses/Civil Partners (Section 6(2)) | 3 years | 270 days in 3 years, 90 days in the last year |
Discretion may be applied for absences exceeding these limits under exceptional circumstances, such as Crown service or unavoidable work commitments.
Lawful Residence and Time Restrictions
You must demonstrate lawful residence in the UK during the qualifying period (5 or 3 years). Settled status under the EU Settlement Scheme (EUSS) can be used to meet this requirement without needing further proof of prior immigration compliance.
For those applying under the 5-year route, you must have been free from immigration time restrictions for 12 months before the application. For spouses/civil partners, freedom from immigration restrictions is required on the date of application.
Knowledge of Language and Life in the UK
To satisfy this requirement, you must:
- Pass the Life in the UK Test.
- Meet the English language requirement, demonstrated through:
- A UK degree.
- A Home Office-approved English language test at B1 CEFR level or higher.
- Being a national of a majority English-speaking country.
Good Character Requirement
The applicant must show adherence to UK laws and respect for citizens’ rights. This involves disclosing all criminal convictions, civil penalties, or significant issues related to taxes, fraud, or other legal matters. Failure to do so can result in application refusal or future deprivation of citizenship.
Criminality
You must declare all criminal convictions in the UK and abroad. This includes any sentences, fines, or non-custodial measures.
Referees for Your Application
Your application must be supported by two referees:
- One referee must be a British citizen, professional, or over 25 years of age.
- The second referee can be any professional individual, not related to you or your other referee. Referees should have known you for at least three years, and background checks will be carried out on them.
Biometric Enrolment
After submitting your application, you must enrol your biometric details (fingerprints and photo) within a specific timeframe. Failing to enrol biometrics can invalidate your application.
Application Processing Time and Travel
The application is typically processed within 6 months. During this period, you can travel using a valid passport and evidence of your current immigration status. However, biometric enrolment and citizenship ceremonies require your presence in the UK.
Citizenship Ceremony
Once your application is approved, you must attend a citizenship ceremony where you will swear allegiance to the UK and receive your citizenship certificate. You have 90 days from the approval date to attend this ceremony.
Returning Your Biometric Residence Permit
Once naturalised, you must return your biometric residence permit (BRP) within five working days to avoid penalties.
FAQs
Contact Us
For personalised advice and assistance with your application, you can contact Shams Britvisa Lawyers Ltd, specialists in UK immigration law. Reach out to us at:
- Phone: 0330 133 885
- Email: info@shamsbvlawyers.com
- Location: Manchester, UK
We assist with sponsor licences, naturalisation, and other immigration services.
