Adult/Child Naturalisation Application Background
Adult Naturalisation Applications provide an opportunity for those over the age of 18 who have been granted Indefinite Leave to Remain (ILR) or have permanent residence in the UK to become British citizens.
Adult/Child Naturalisation Application Background Eligibility
There are certain statutory criteria that should be met before you can be naturalised as a British citizen in the UK. Therefore, in making your claim, you should acknowledge that the Home Office will scrutinise your Adult Naturalisation Application with consideration to:
- Past and current immigration status of applicant.
- Length of residency in the UK of applicant.
- Knowledge and English language level of applicant.
- Life in the UK of applicant.
- Good character of applicant.
- Future intentions of applicant.
However, the overall requirements for British naturalisation are variable depending on whether an applicant is in fact married to a British citizen or not. The exact requirements will be dependent on the applicant and their specific circumstances.
Application Requirements (if married to a British citizen)
There are stringent rules that must be satisfied by an applicant as set out by the UK Home Office. Accordingly:
- An applicant must have been in the UK three years prior to the date of their application.
- An applicant must not have been out of the UK for more than 270 days in the three-year intervening period.
- An applicant must not have been in breach of the immigration rules in that same three-year period.
- An applicant must not have been out of the UK for more than 90 days in the first 12 months prior to the date of their application.
- An applicant must have been of good character during their time in the UK.
- An applicant must have adequate knowledge and level of the English language.
Application Requirements (if not married to a British citizen)
There are also strict conditions that must be satisfied by an applicant if not married to a British citizen or where an applicant refuses to rely on their marriage in support of their application for naturalisation. Accordingly:
- An applicant must have been in the UK five years prior to the date of their application.
- An applicant must not have been out of the UK for more than 450 days in the five-year intervening period.
- An applicant must not have been in breach of the immigration rules in that same five-year period.
- An applicant must not have been out of the UK for more than 90 days in the first 12 months prior to the date of their application.
- An applicant must not have been subject to any time limits whilst in the UK and particularly in the first 12 months prior to the date of their application.
- An applicant must have been of good character during their time in the UK.
- An applicant must have adequate knowledge and level of the English language.
- An applicant must have intention to make the UK their primary home.
BOTC’s, BNO’s & BOC’s
British Overseas Territories Citizens (BOTC), British Nationals (Overseas), British Overseas Citizens (BOC) and British Protected Persons are not in fact considered to have British status or even be recognised as British citizens. Adult Naturalisation Applications are therefore not considered appropriate for these groups of persons who instead would be better suited to acquire British citizenship through registration.
Indefinite Leave to Remain (ILR) Requirement
If an applicant is married to a British citizen then an application for British citizenship by naturalisation can be made immediately following your ILR status whilst all other requirements should be satisfied at the same time. If an applicant is not married to a British citizen then an applicant will have to prove that there have been no immigration time restrictions on them for 12 months prior to the date of their application. Therefore, unmarried applicants will become eligible for British citizenship by naturalisation 12 months after acquiring ILR status.
Discretionary Allowances for British Naturalisation
The Home Office can use its discretionary powers to overlook some of the requirements even if an applicant has failed to meet them. However, the Home Office should only excuse certain requirements if there are justifiable reasons for doing so. Common examples where the Home Office may choose to permit leniency include:
- Where an applicant has been absent from the UK for more than 90 days in the first 12 months prior to the date of their application.
- Where an applicant has been subject to time limits in the UK including the first 12 months prior to the date of their application.
- Where an applicant has been in breach of UK immigration rules during the 3- or 5-year qualifying period.
The Home Office can also use its discretion to overlook both the language and life in the UK requirement if an applicant is vulnerable due to age, physical or mental deterioration. However, the Home Office has no discretion where:
- An applicant has not been in the UK from the beginning of the 3- or 5-year qualifying period (unless applicant is in armed forces or other valid excuse).
- An applicant has not been of good character.
In all cases, it is important to have strong evidential proof to support your application particularly if there are requirements that you have not satisfied.
Good Character Requirement
The Good Character Requirement comes from the British Nationality Act 1981 and the accompanying list of conduct comes from the Home Office. To be of good character, an applicant is therefore assessed in relation to their history of criminality, terrorism, immigration, dishonesty, deception, and financial reliability. This requirement is focal to your application as there is almost no discretion permitted by the Home Office in relation to meeting this condition.
Registration Process
To make an application for British citizenship, you can use the online (AN Form). You will be required to provide two referees in support of your application; one of whom should have professional standing (minister of religion, solicitor, or accountant) and one of whom is a British citizen aged over 25. Applications for naturalisation can take up to 6 months to be determined although most are complete in 3 months or less. There are also costs for your application including a further fee for a citizenship ceremony in which you will be presented with your certificate of naturalisation as a British citizen. However, whilst your application is pending, you will be allowed to travel outside the UK and following your citizenship ceremony, you will be entitled to apply for a British passport.
Additional Advice
Adult Applications for Naturalisation may be complex if a person is not sure of the eligibility criteria and accompanying Immigration Rules. In most cases, it would be advisable to seek specialist legal advice when making your application either individually or because of your marriage to a British citizen. Our team of immigration solicitors are both experienced and knowledgeable in guiding applicants through this process. Do not hesitate to get in contact therefore if you require assistance with your application.
Our experienced immigration lawyers are on hand to offer you expert advice whatever your immigration case, contact us to book your consultation. Consultations are priced at £199 including VAT.
