How to Apply for UK Naturalisation: A Solicitor’s Guide

Indefinite Leave To Remain

The naturalisation is not merely an entitlement. It is a part of the law as established in the British Nationality Act 1981. UK naturalisation is basically an opportunity for non-British citizens to become British. Usually, for most of the migrants, the ultimate objective is to be a British citizen so that their permanent settlement could be possible, and they can easily travel in and out of the UK without any trouble.

Having British citizenship is a momentous life event. This citizenship not only allows you to apply for a British citizen passport, but it also gives you the chance to participate more copiously in the life of your local community. Therefore, the process of naturalisation is the only way in which you can get the status of British citizenship.

As a British citizen, it allows you to vote freely. You can apply for a British passport easily and to work and live in the UK free from any immigration pressure. Unless you are British by birth, you will only require applying to be granted British citizenship, by evidencing that you are eligible for British naturalisation.

Applications can be submitted by individuals who are in matrimonial relationship to a British citizen, or by the individuals who meet predefined criteria for naturalisation.

Requirements for Naturalisation

UK Naturalisation is basically a decision through which you are granted to have citizenship, but only if you can validate that you satisfy few predefined legal requirements and the Home Secretary approves you to naturalise you. The requirements for naturalisation as a British citizen can vary depending on whether you are applying on a civil partnership with a British citizen or on the basis of marriage.

If you are the civil partner of a British citizen or you are married to British, you should meet the legal requirements before you apply are:

  1. The applicant must be 18 y/o or over.
  2. The applicantis married to or the civil partner of a British citizen, on the date of application.
  3. Applicant should be conscious enough so that he/she understands the steps he/she is taking.
  4. Applicant should have command on the English language (or Scottish Gaelic or Welsh) to an acceptable degree.
  5. He/she have enough knowledge about life and culture in the UK.
  6. He/she should be of good character.
  7. He/she have lived in the UK for a minimum period of 3 years before applying and also meet the following residence requirements too:
  • Applicant must have been physically existing in Wales, England, Scotland, the Isle of Man, Northern Ireland, or the Channel Islands on the day 3 years before the submitting the application to the Home Office.
  • Most applicants got rejected because they fail to satisfy the requirement of residence to exist in the UK at the starting of the qualifying period.
  • Before making the application, it should be double-checked that the applicant must not have had more than 270 days outside the UK in the 3-years’ time span.
  • Before making the application, it should be carefully checked that the applicant must not have had more than 90 days outside the UK in the 12-month period.
  • Before making the application, it should be checked that the applicant must not have been in breach of immigration rules in the 3-year time period.
  • On the date of application, the applicant must be free of immigration time restrictions.

If you are NOT the civil partner of a British citizen or you are married to British, you should meet the legal requirements, before you apply are:

  1. The applicant must be 18 y/o or over.
  2. Aim to continue to reside in the UK, or to remain in Crown service, the service of a company or association established in the UK or the service of any international organization of which the UK is a recognized member.
  3. Applicant should be conscious enough so that he/she understands the steps he/she is taking.
  4. Applicant should have command on the English language (or Scottish Gaelic or Welsh) to an acceptable degree.
  5. He/she have enough knowledge about life and culture in the UK.
  6. He/she should be of good character.
  7. He/she have lived in the UK for a minimum period of 5 years before applying and also meet the following residence requirements too:
  • Applicant must have been physically existing in Wales, England, Scotland, the Isle of Man, Northern Ireland, or the Channel Islands on the day 3 years before the submitting the application to the Home Office.
  • Most applicants got rejected because they fail to satisfy the requirement of residence as to exist in the UK at the starting of the qualifying period.
  • If the applicant is a former or current member of the armed forces of the UK, he/she may not have to meet this requirement. But In case, if the applicant is serving outside of the UK, must check the date 5 years before applying.
  • Before making the application, it should be double-checked that the applicant must not have had more than 450 days outside the UK in the 5-years’ time span.
  • Before making the application, it should be carefully checked that the applicant must not have had more than 90 days outside the UK in the 12-month period.
  • Before making the application, it should be checked that the applicant must not have been in breach of immigration rules in the 12-month time period.
  • On the date of application, the applicant must be free of immigration time restrictions.

Note: It is very important for applicants to follow the process with a full understanding of what the Home Office is asking in a successful application.

In the UK, this is after 6 years, as usually it takes 5 years to acquire indefinite leave to remain and then the applicant has to wait for an extra year before he/she can apply for citizenship.

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