NATURALISATION AS A BRITISH CITIZEN

The information below is only generic. Anyone wishing to apply for British Citizenship should seek advice from a registered agent. The requirements will depend on the category you apply under.

FOREIGN NATIONALS - NOT MARRIED TO A BRITISH NATIONAL - SECTION 6 (1) OF THE BRITISH NATIONALITY ACT 1981

If you are not married to a British national you should be eligible to apply for naturalisation as a British citizen if you meet all of the following requirements:

1. You are aged 18 or over at the time they apply;
2. You are of sound mind, in that you understand the step you are taking;
3. You are of good character;
4. You have a sufficient knowledge of the English/Welsh or Scottish Gaelic language to enable you to communicate to an acceptable degree;
5. You have sufficient knowledge about life in the UK. Sufficient knowledge of the English language and of life in the UK can be demonstrated by taking and passing the Life in the UK Test or by completing recognised citizenship classes;
6. You intend, if you become a British National, to live either in the United Kingdom, or abroad in Crown service (working directly for Her Majesty's UK Government), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the UK;
7. You can show that you have lived in the UK for a minimum of five years before you apply and can meet the '5 year residence' requirements. To fulfill these requirements you must:
   • have been physically present in the UK 5 years to the day on the day the application is received by the Home Office
   • be physically present in the UK on the date the application is received by the Home Office
   • not have been absent from the UK for more 450 days in the 5 year period
   • not have been absent from the UK for more than 90 days in the 12 months prior to filing the application
   • have indefinite leave to remain (ILR) / permanent residency for at least 12 months
   • not have been in the UK illegally during the 5 year period preceding the filing of your application.

FOREIGN NATIONALS - MARRIED TO OR IN A CIVIL PARTNERSHIP WITH A BRITISH NATIONAL - SECTION 6 (2) OF THE BRITISH NATIONALITY ACT 1981

If you are married to or are the civil partnership with a British citizen should be eligible to apply for naturalisation as a British citizen if you meet all of the following requirements:

1. You are aged 18 or over at the time they apply;
2. You are of sound mind, in that you understand the step you are taking;
3. You are of good character;
4. You have a sufficient knowledge of the English/Welsh or Scottish language to enable you to communicate to an acceptable degree;
5. You have sufficient knowledge about life in the UK. Sufficient knowledge of the English language and of life in the UK can be demonstrated by taking and passing the Life in the UK Test or by completing recognised citizenship classes;
6. You intend, if you become naturalised, to live either in the United Kingdom, or abroad in Crown service (working directly for Her Majesty's UK Government), or be employed by an international organisation of which the UK is a member, or be employed by a company or association established in the UK;
7. You are married to a British national or are in a civil partnership with a British national on the date of your application; and
8. You have lived in the UK for a minimum of 3 years before you apply and can meet the '3 year' residence' requirements. To fulfill these requirements you must:
   • have been physically present in the UK 3 years to the day on the day the application is received by the Home Office
   • be physically present in the UK on the date the application is received by the Home Office
   • not have been absent from the UK for more 270 days in the 3 year period
   • not have been absent from the UK for more than 90 days in the 12 months prior to filing the application
   • have been granted indefinite leave to remain (ILR) / permanent residency
   • not have been in the UK illegally during the 3 year period preceding the filing of the application.
     

PROCESSING TIPS - NATURALISATION AS A BRITISH NATIONAL

• Before you file your application ensure that you were physically present in the UK on the same day five/three years ago – ie if you choose to file on September 1st 2007, you must ensure that you were in the UK on September 1st 2002/2004.
• The BIA are still processing applications submitted with certified copies of passports – please ensure that all pages are certified.
• When preparing your schedule of absences list all your trips but do not count the days spent travelling in and out of the UK – ie if you leave for Germany on Monday and return to the UK on Tuesday it will amount to zero days - if you return on Wednesday it will amount to 1 day.
• Read the BIA's guidelines carefully to ensure that you qualify as your fees will not usually be returned to you if your application fails.

For further information please contact us.