Naturalisation as British citizen Guide

Immigration time restrictions

If you are married to or the civil partner of a British citizen, you will need to be free from immigration time restrictions on the date you make your application. If you are not married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the 5-year qualifying period. This means that you may need to wait until you have been in the UK for 6 years before you can apply.

You can use one of the following to show you are free from immigration time restrictions on the date of application:

• an EUSS record showing you have been granted EUSS ILR (settled status)
• a passport showing permission to remain permanently in the UK
• the Home Office letter showing permission to remain permanently in the UK
• a biometric residence permit (BRP) showing ILR, ILE or no time limits
• a certificate of entitlement to the right of abode

Absences from the UK

During the application process you will be required to provide details of the periods you have been away from the UK during the last 5/3 years ignoring the day you left and the day you arrived back in the UK.

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen, the total number of days absence for the whole 3-year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5-year qualifying period.

There is discretion to disregard absences in excess of the limits as follows:

• Total number of absences normally disregarded: 480 days or 300 days for 6(2) applications (480/300).
• Absences normally disregarded only if you meet all other requirements and you have established your home, family and a substantial part of your estate in the UK: 900/540 days. If your absences are up to 730/450 days, the Home Office would expect you to have been resident in the UK for the last 7/4 years. For absences exceeding 730/450 days the Home Office would expect you to have been resident in the UK for the last 8/5 years unless the absences were a result of one of the acceptable reasons as clarified further below.
• For absences exceeding 730 days (or 450 days for 6(2) applications) the Home Office would expect you to have been resident in the UK for the last 8 years (5 years for 6(2) applications)
• unless the absences were a result of either:
  • A posting abroad in Crown or designated service. For example, as a member of HM Forces, or as the husband, wife or civil partner of a British citizen serving abroad in Crown or designated service
  • An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad
  • Exceptional or compelling reasons of an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement.

Only very rarely the Home Office would disregard absences in excess of 900 days (540 days for section 6(2) applications). If your absences are more than this limit your application is likely to fail and your fee will not be fully refunded.

Absences during the last 12 months

Absences from the UK during the last 12 months of your qualifying period will be considered in the following way:

• Normal permitted absences in final 12 months of your qualifying period: 90 days
• Total number of absences normally disregarded: 100 days
• Total number of absences normally disregarded only if all other requirements are met and you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate: 101 – 179 days
• Total number of absences that may be disregarded if you do not meet all the other requirements providing the following criteria are met: you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate and the absence is justified by Crown service or by compelling occupational or compassionate reasons: 101 – 179 days

It will only be in the most exceptional circumstances would total absences exceeding 180 days in the final 12 months of the qualifying period be disregarded if all other requirements were not met.

Knowledge of English and the life in the UK

In addition to a pass certificate of the Life in the UK test, you will need to prove your knowledge of the English language if you’re 18 or over and applying for citizenship. You can prove it by having either an English qualification at B1 level or a degree taught or researched in English.

You do not need to prove your knowledge of English in certain circumstances including when you are:

• aged 65 or over
• unable to, because of a long-term physical or mental condition: you must provide a completed exemption form from a doctor confirming your physical or mental condition.
• a citizen of listed majority English speaking country.

Good character

The British Nationality Act 1981 requires any person who wishes to naturalise as a British Citizen to be of ‘good character’. ‘Good character’ is not defined in the Act, but Home Office nationality policy guidance explains how the requirement will be assessed. This contains a non-exhaustive list of conduct that will mean that an applicant is not of ‘good character’ including criminality, terrorism, financial soundness, notoriety, deception and dishonesty and immigration-related matters.

It is important that the good character requirement is considered carefully in any application for British Citizenship by Naturalisation as apparently innocuous matters can lead to an adverse decision. Advice from an immigration lawyer will ensure that any potential good character issues are identified and properly addressed as part of your UK Citizenship application.

Criminality

You must provide details of all criminal convictions both within and outside the UK including road traffic offences.

Fixed penalty notices (such as speeding or parking tickets) must be disclosed, although they will not normally be taken into account unless:

• you have failed to pay and there were criminal proceedings as a result
• you received 3 or more fixed penalty notices at any level
• in the past 3 years you received 2 or more fixed penalty notices, at least one of which was at the upper levels (fine of £200 or more).

Drink driving offences must be declared. If you have any endorsements on your driving licence you must provide the paper counterpart. A driving conviction may not be disregarded despite any penalty points being removed from your driving licence.

Criminal record checks will be carried out in all cases. If you have a conviction within the relevant sentence-based threshold you are unlikely to be registered as a British citizen. Similarly, if you have been charged with a criminal offence and are awaiting trial or sentencing, you are advised not to make any application for naturalisation until the outcome is known.