fbpx

British Citizenship: Guidelines on how to apply for UK Passport by Naturalisation

Long Residence ILR Application: Guidelines and General Questions
Ankara Agreement Visa: Settlement/ILR Visa Application
January 6, 2020
investor visa
Tier 1 Investor Visa Extension: General Questions and Guidelines
January 8, 2020
Sole representative visa

Applicant must be at least 18 years old and have been granted indefinite leave to remain or have acquired a right of permanent residence in the UK, British Citizenship.

Can You apply for British Citizenship straight after ILR?

If applicant is married to a British citizen, then they can apply for British Citizenship by Naturalisation as soon as they have been granted Indefinite Leave to Remain.  They will need to satisfy all the other requirements for British Citizenship by Naturalisation.  If they are not married to a British citizen, they will need to have been free of immigration time restrictions for at least 12 months immediately preceding the date of their application.  This means that applicant will be eligible to apply for British Citizenship by Naturalisation 12 months after being granted ILR.

How many days You can stay outside the UK for British Citizenship?

In order to qualify for UK Citizenship, Applicant will need to have spent not more than 90 days outside the UK during the 12-month period immediately before the date of their application for British Citizenship by Naturalisation.  If they are not married to a British citizen, applicant will also need to have not been away from the UK for more than 450 days during the preceding 5 years.  If they are married to a British citizen, then they will need to have spent not more than 270 days outside the UK in the previous 3 years.

What is the good character requirement for British Citizenship?

An applicant who wishes to naturalise as a British Citizen must be of ‘good character’. ‘Good character’ is not defined in the Act, but Home Office nationality policy guidance explains how the ‘good character’ requirement will be assessed.  This contains a non-exhaustive list of conduct that will mean that an applicant is not of ‘good character’ including criminality, terrorism, financial soundness, notoriety, deception and dishonesty and immigration-related matters. It is important that the good character requirement is considered carefully in any application for British Citizenship by Naturalisation as apparently innocuous matters can lead to an adverse decision.

Is there any flexibility in the criteria for British Citizenship by Naturalisation?

The Secretary of State has a discretion to treat applicants for UK Citizenship as meeting some of the requirements even where those requirements are not met. This includes:

  • The permitted absence requirements (e.g. if you have been absent from the UK for more than 90 days in the 12-month period prior to your application);
  • The 12 months ‘no time limit’ requirement;
  • The requirement not to have been in the UK in breach of the immigration laws at any time during the three- or five-year qualifying period.

The Secretary of State has a discretion to waive the language and life in the UK requirements on grounds of the applicant’s age, physical or mental condition.

The Secretary of State has no discretion to waive, or to treat applicants as meeting, the following requirements:

  • To have been in the UK at the start of the three- or five-year qualifying period (although there is some discretion in relation to members of the armed forces);
  • To be free of any restriction on the period you may stay in the UK (i.e. to have been granted indefinite leave to remain in the UK or to have acquired a right of permanent residence);
  • To be of good character.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation, please contact us at enquiries@manns-solutions.com or call  +44 207 993 63 46