British Citizenship

Why Choose RLegal Solicitors?

We have successfully assisted many individuals with applications for Naturalisation as a British citizen.

We’re a regulated firm of solicitors located in central London and have acted for clients throughout their visa journey, culminating in obtaining British citizenship for them.

As British citizenship lawyers, we’re now entering our fourth decade of service.

Our lawyers will initially advise whether an application for British citizenship has merit. We will work to ensure your application for British citizenship is processed smoothly and has the maximum chance of success.

How To Acquire British Citizenship

Citizenship can be obtained through the following ways:

• by birth – those born in the UK before 1 January 1983 are automatically British nationals
• descent – for those born to a British parent outside the UK
• otherwise than by descent – born to a parent who is settled in the UK or a British citizen
• UK Naturalisation – for overseas nationals can apply to become a British citizen subject to fulfilling the relevant criteria
• UK Registration for adults – for people born out of wedlock to a British father, for example
• UK Registration for children under 18.

Evidencing British Citizenship

The most obvious or common way to show you are a British citizen is through holding a British passport.

A British passport is issued for administrative convenience or in other words for travelling or to establish identity. It is not mandatory to hold one.

For those who do not hold a British passport they can still evidence their nationality status depending on how they acquired it:

• for those born in the UK, this can be done through producing their  birth certificate, in some cases with their parents’ birth certificates and marriage certificate; or
• where an individual has undergone a Naturalisation application through their Certificate of British Nationality.

Apply For British Citizenship Through Naturalisation

If you wish to Naturalise as British citizen, you must complete an online application form, pay the application fee and provide evidence to support your claim to British citizenship. Although you will not normally need to hand in your passport, you will need to attend an appointment to have your biometric data recorded, i.e. a scan of your face and fingerprints.

We are specialist British citizenship solicitors recommended by the Legal 500. We provide comprehensive legal advice, ensuring your application to become a British citizen meets the legal requirements. We collate your evidence and prepare detailed legal submissions to the Home Office. Where required, our lawyers also undertake ongoing liaison with the Home Office where necessary.

UK Citizenship Requirements

The UK citizenship requirements are set out in the British Nationality Act. Applicants must:

• hold ILR or settled status
• be over the age of 18 and of sound mind
• be of good character, i.e. not have breached UK immigration or criminal laws
• have sufficient knowledge of English language and culture (unless you are 65 or can claim an exemption)
• intend, once naturalised as a British citizen, to make the the UK your main home, or live abroad in Crown service (unless married to a British citizen when there is no future intention requirement)
• meet the relevant residence requirements.

The basic residence rules

Your absences in the 5 years preceding the date of application should be no more than 450 days.

Your absences from the UK in the year preceding the application should not exceed 90 days.

Residence requirements for those married to a British citizen

If you are married or in a civil partnership with a British citizen, your  application will be based on the last 3 years residence in the UK.

In this case, your absences in the 3 years preceding the date of application should be no more than 270 days.

Your absences from the UK in the year preceding the application should not exceed 90 days.

For more detailed information please refer to the section below.

A UK citizenship application will normally be allowed if the above requirements are met.

You will be notified of the decision by email and, if successful, asked to attend a British citizenship ceremony where you will be given your Certificate of Naturalisation as a British citizen.

Failure to attend the citizenship ceremony will result in the application for Naturalisation being refused.

British Citizenship By Marriage

For those married or in a civil partnership with a British citizen, the path to citizenship is notably streamlined.

Applicants need indefinite leave to remain or settled status, but do not need to have held that status for 12 months at the date of application – bypassing the 12-month delay. This flexibility means you can apply for Naturalisation immediately on securing ILR.

The residency criteria are relaxed, allowing up to 270 days of absence over three years prior to the date of application and no more than 90 days in the last year as referred to above.

There is also no future intention requirement, i.e. you do not need to demonstrate an intention to make the UK your main home. You can even attend your citizenship ceremony overseas, facilitating timely relocations.

Your relationship offers a distinct advantage, enabling a swift transition to British citizenship.

Call us to see if you are eligible to apply for Naturalisation today!

Good Character And British Citizenship

Good character can be challenging and is possibly the most common reason a citizenship application UK is rejected.

An individual’s application for naturalisation is thoroughly vetted with the police, HMRC and other agencies, both in the UK and overseas through local British missions.

The Home Office will investigate an individual’s immigration history. If you entered the UK by “”a dangerous route””, then the current rules state that you will be refused British citizenship.

Any immigration breaches in the last 10 years will be assessed, however, the Home Office will normally disregard breaches if they were not a bar to securing ILR.

Examples where good character can be an issue:

• having a criminal conviction which is not spent can mean a person becomes ineligible. Unfortunately, habitual offenders or those who show a pattern of similar offending can be similarly caught out.
• penalty charge notices recorded by a court, e.g. for a series of traffic violations.
• bankruptcy
• public interest –  the late Mr Mohammed Al Fayed the former owner of Harrods is possibly the most famous person whose UK naturalisation was rejected for these reasons.

Whether a UK Naturalisation application should be submitted or not will depend on the circumstances. Legal advice should be sought in order to determine whether you can get British citizenship.

Absences during the qualifying period

Navigating the path to British citizenship can be complex, especially with absence limits of 450 days for the 5-year route or 270 days for the 3-year route. However, these limits are not absolute.

If you have exceeded these thresholds due to compelling reasons, such as medical or compassionate circumstances, it may still be worth proceeding. The British citizenship application process does allow for some discretion but this will depend on the individual facts of each case.

Our experienced British citizenship lawyers have successfully assisted many clients in overcoming high absence challenges, meeting UK citizenship requirements, and achieving their aim to getting British citizenship. If your absences exceed the standard limits, we encourage you to contact our expert team to discuss your unique situation. You might still qualify to naturalise as a British citizen. You should not let high absences necessarily deter you; contact us to explore your options to apply for Naturalisation.

Life in the UK Test

The Naturalisation application requires an applicant to take a Knowledge of Life in the UK (KOLL) a test taken through an independent provider at a cost of £50 which can be booked online and is mandatory when applying for citizenship.

The test requires an individual to answer 24 multiple choice questions about British culture and traditions in 45 minutes.

There are no maximum number of attempts that you can take. It is possible to purchase an official booklet to help you prepare and take online practice tests.

Exemptions

Those under the age of 18 and aged over the age of 65 do not need to take the Life in the UK Test.

Individuals with long terms illnesses or a disability or have a mental impairment. However, medical evidence will need to be produced to prove this and will be evaluated by the Home Office.

If a Life in the UK Test was satisfied as part of an indefinite leave application it does not need to be taken again.

English test requirement

The UK Naturalisation process requires an individual to show that they have met a minimum competence in the English language.  Specifically, they are required to show that they understand English at level B1 in the speaking and listening disciplines. This requirement can be met in the following ways:

• being a national of a specified majority English speaking country
• holding a degree from a UK university
• a degree undertaken overseas this must be approved by UK ENIC as being equivalent to a UK degree and at the required proficiency
• a test through a level B1 Secure English Language Test provider in speaking and listening.

For those who have satisfied the Life in the UK Test and the English language requirement to obtain ILR will not normally need to undergo for further test when applying for citizenship.

Again those under the 18 or over 65 are exempt.

Similar provisions apply to those with long term illnesses or mental disability form undertaking the test as referred to above.

Who can be a referee?

A naturalisation application for British citizenship must be supported by two referees who must be:

• over 18
• at least one must hold a UK passport, the other can be of any other nationality
• at least one must be of professional standing
• they cannot be related to you or to the other referee
• the solicitor assisting you with your citizenship application cannot be a referee to ensure impartiality
• your referees must have known you personally for at least three years
• have no criminal convictions in the last 10 years.

You should make sure your referees understand their responsibilities as they are vouching for your character.

How to apply for British citizenship

The citizenship application UK requires an applicant to take the following steps when applying for citizenship:

• complete Form AN, an online application form
• pay the application fee
• upload supporting documents
• attend a biometric appointment with TLS the Home Office’s third party agent.

It is important to ensure that the documents supplied are in order to avoid unnecessary delays with the UK Naturalisation process.

It typically takes 3-6 months to get British citizenship but this depends on how busy the Home Office is at any one time.

Nationality applications are processed in turn and cannot be fast tracked through a priority service save for limited circumstances.

In exceptional cases, it is possible to request an expedited decision, but in our professional experience this has only been successful where the applicant was eligible to represent the UK in a sporting capacity, or where there was a national security aspect to be considered.

What documents do I need to apply for British citizenship?

The naturalization requirements do not detail every document that should be provided in order to get British citizenship but, in general, the following should be supplied as a minimum:

• current passport
• previous passports covering your stay in the UK
• Life in the UK test certificate or number
• English language test certificate or number
• evidence to show residence in the UK
• referee declarations and evidence of meeting the good character requirement.

Care should be taken when selecting documentation as these must evidence how the Naturalisation requirements are met. If you are in any doubt we would recommend that you consult a lawyer to ensure that your UK Naturalisation application goes smoothly. Incorrect  or inadequate documentation is likely to lead to delays.

British citizenship application fee

The fee for an application for naturalisation is £1739 and is mandatory.

This must be paid at time of the online submission when applying for naturalisation.

If the application to become a naturalised British citizen is rejected only the British citizenship ceremony part of the fee will be returned, i.e. £130.

It is therefore important to ensure your application to Naturalise as a British citizen is in order.

British citizenship ceremony

Once the citizenship application UK is approved the Home Office will email instructions on how to arrange to attend your local county council offices for the citizenship ceremony.

An applicant can specify the regional registrar which does not have to be in their home council.

Attendance is mandatory and failure to attend will mean that the naturalisation requirements have not been met, the application will fail.

For those who have moved overseas since applying, and are in a civil partnership or married to a British citizen, arrangements can be made to have the ceremony at a British mission overseas at no extra cost.

Children who turn 18 by the time of an application is processed will be required to pay an additional £130 as they will need to attend a citizenship ceremony.

Apply for a first British passport

Once an applicant successfully goes through the naturalisation UK process and obtains their British citizenship certificate, the next step is to apply for their first British passport through the following procedure:

• completion of a British passport application form, which can be done online
• provide your current passport
• supply your Certificate of Naturalisation as a British citizen
• pay the appropriate fee
• provide details of a suitable referee
• attend a face to face appointment with an official from the UK passport office.

The processing times for a British passport vary and can depend on the time of year – summer tends to be busy. It usually takes around 3-4 weeks for the first British passport to be processed, unless you are called for interview.

If your application is refused

Applicants who are refused British citizenship can request reconsideration of the application for a fee of £372. If the decision to refuse British citizenship is maintained the only way to challenge the decision is by way of Judicial Review (“JR”) usually through lawyers. JR is a lengthy and expensive process commonly and should only be considered if there are good legal grounds to challenge the decision to refuse British citizenship.

It is notoriously difficult to succeed with challenging a Home Office decision to refuse an application for naturalisation as a British citizen through JR and rarely succeeds. Therefore, it is very important to prepare an application for British citizenship correctly.

As a firm of solicitors, RLegal’s lawyers can assist with submitting a review of the application for British citizenship and provide legal advice on whether JR is an option.

Why instruct RLegal Solicitors for a professional service

We have over 30 years experience with applying for naturalisation on behalf of our clients which is almost unrivalled.

Our team of experienced lawyers are well versed in how to get British citizenship.

Securing your application for naturalization is important but can be stressful, our assistance can make the difference to help you achieve British citizenship.

We are specialist British citizenship solicitors recommended by the Legal 500.

We provide comprehensive legal advice, ensuring your application to become a British citizen meets the legal requirements.

We collate your evidence and prepare detailed legal submissions to the Home Office.

Where required, our lawyers also undertake ongoing liaison with the Home Office where necessary.

About The Author

Evan Remedios is a solicitor with over 30 years of practice and has helped many client to successfully navigate the requirements for naturalization sometimes in very challenging situations due to the circumstances of the individual case.