BRITISH CITIZENSHIP BY NATURALISATION

 NATURALIZED BRITISH CITIZENSHIP

If you are at least 18 years old and have been given indefinite leave to remain or a right of permanent residence in the United Kingdom, you may be eligible to apply for British Citizenship by Naturalisation.

Can I obtain British citizenship through naturalisation?

You must meet certain statutory criteria regarding your immigration status, length of stay in the UK, future ambitions, knowledge of the English language and life in the UK, and good character in order to be naturalised as a British citizen. The prerequisites for British Citizenship by Naturalization differ slightly depending on whether or not you are married to a British citizen.

Apply for British Citizenship if you are not married to a British citizen.

If you are not married to a British citizen (or do not want to rely on your marriage to a British citizen), the Home Office must be convinced that:

You were in the United Kingdom on the day five years before the date of your application; you have not been absent from the United Kingdom for more than 450 days in the five years since;

You have not been in the UK in violation of immigration laws at any point during the last five years.

You have not been away from the UK for more than 90 days in the 12 months before the date of your application;

You are not subject to any time limit on your stay in the UK and have not been subject to any such time constraint.

Apply for British Citizenship if you are married to a British citizen.

If you are married to a British citizen, the Home Office must be convinced of the following:

You were in the UK three years prior to the date of your application; you have not been absent from the UK for more than 270 days in the three years since;

You have not been in the UK in violation of immigration laws at any point during the last three years.

You have not been away from the UK for more than 90 days in the 12 months before the date of your application;

You do not have a time limit on how long you can stay in the UK at the time of your application.

You have a terrific character.

Can I apply for British citizenship immediately following my ILR?

If you are married to a British citizen, you can apply for British citizenship through naturalisation as soon as you are granted Indefinite Leave to Remain. 

You must also meet all of the other requirements for British Citizenship through Naturalisation, which are detailed above. If you are not married to a British citizen, you must have been free of immigration time constraints for at least 12 months before to the date of your application.

 This implies that 12 months after being granted ILR, you will be eligible to apply for British Citizenship by Naturalisation.

How long may I stay outside the UK to obtain British citizenship?

To qualify for UK Citizenship, you must have spent no more than 90 days outside the UK in the 12 months preceding the date of your application for British Citizenship through Naturalisation. If you are not married to a British citizen, you must have not been absent from the UK for more than 450 days in the previous five years. If you are married to a British citizen, you must have spent no more than 270 days outside the United Kingdom in the previous three years.

What is the need for good character for British citizenship?

According to the British Nationality Act of 1981, anyone wishing to naturalise as a British citizen must be of "good character." The term 'good character' is not defined in the Act, however Home Office nationality policy guidance describes how the need for 'good character' will be assessed. This includes a non-exhaustive list of behaviours that indicate an applicant is not of "good character," such as criminality, terrorism, financial stability, notoriety, deception and dishonesty, and immigration-related issues.

Is there any wiggle room in the criterion for obtaining British citizenship through naturalisation?

The Secretary of State has the authority to treat applicants for UK citizenship as meeting part of the requirements, even if those requirements are not completed. This includes the following:

The permissible absence criteria (for example, if you were absent from the UK for more than 90 days in the 12 months preceding your application);

The 'no time restriction' requirement of 12 months;

The condition that you have not been in the UK in violation of immigration regulations at any point throughout the three or five year qualifying period.

The Secretary of State has the authority to waive the language and life in the UK requirements on the basis of the aforementioned reasons.

Can EEA/EU nationals and their family members apply to become British citizens?

Yes, EEA nationals and their family members are eligible to apply for British citizenship. Since 30 June 2021, individuals must have Settled Status at the time of application (or have applied for Settled Status prior to 30 June and otherwise have a right of permanent residence) and establish that they have either had Settled Status or a right of permanent residence for the previous 12 months. They will not require a document to demonstrate their right to permanent residency, but they will be required to produce appropriate documentation.

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