Becoming a British citizen through naturalisation is a significant step for many foreign nationals who have made the United Kingdom their home. The process enables non-British adults to apply for citizenship, provided they meet specific criteria.
Understanding the residence requirements
The first step in applying for British citizenship through naturalisation is to determine your eligibility based on your residence history. The Home Office requires you to have lived in the UK for a specific period before you can apply.
- Married to/ in a civil partnership with a British citizen: If you are married to or in a civil partnership with a British citizen, you must have been lawfully resident in the UK for at least three years before applying, with no more than 270 days spent outside the UK. You must also be free from immigration restrictions, generally meaning that you would need to hold Indefinite Leave to Remain or Settled Status on the date of application.
- Not married to/ in a civil partnership with a British citizen: If you are not married to a British citizen, you must have been lawfully resident for five years, with no more than 450 days spent outside the UK. You must also have been free from immigration restrictions for at least 12 months.
In addition, you must have been out of the UK for no more than 90 days in the 12 months immediately prior to the application date.
If you exceed the permitted absences, you may be able to request that the Home Office exercises discretion if there are good reasons for these excessive absences, and you would meet the residence requirements.
Life and language
Individuals aged between 18 and 65 are required to pass the Life in the UK test. This test assesses your knowledge of British customs, laws, history and culture.
Individuals aged between 18 and 65 also need to meet the English language requirement, whether by being a national of a majority English-speaking country, passing an English language test or having a degree taught in English.
If you have a health condition which prevents you from passing the test or meeting the English-language requirement, you may qualify for a waiver of the requirement(s) provided you have evidence, and a doctor confirms this to be the case.
Good character
The Home Office will need to be satisfied that you are of good character. They will take into account any criminal history, civil disputes, immigration breaches and other matters relating to your conduct and character. This is a wide-ranging requirement and covers non-payment of TV licence fees and traffic violations, to name but a few.
References
You will need to provide details of two referees who must verify your identity and confirm if they are aware of any reasons why you should not be granted citizenship. There are strict criteria as to who can act as a referee.
For example, each referee must have known you in a personal capacity for at least three years. One of the referees must be a person of professional standing, meaning that they work in one of a set list of occupations. The other referee must hold a British passport and either be over the age of 25 years old or a professional person.
Principal home
If you are not married or in a civil partnership with a British citizen, you will also need to intend to make the UK your main home on approval of your naturalisation application. The Home Office will look at your ties to the UK, including any work, family, finances and property in the UK.
Conclusion
Naturalisation offers foreign nationals a path to British citizenship, but it involves meeting several requirements, including proving your residence, passing key tests, demonstrating good character and providing sufficient supporting documentation. By following the process carefully, you can navigate the application successfully and enjoy the rights and privileges of being a British citizen.
If you need guidance on any part of the application process, it is advisable to seek professional advice from us at Gherson to ensure your application is both complete and accurate.
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Updated: 4 April 2025
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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