Naturalisation is the legal process that allows individuals who were not born as British citizens to acquire British citizenship. Once you have been granted Indefinite Leave to Remain (ILR) in the UK and meet the additional eligibility criteria outlined in the British Nationality Act 1981, you can apply for naturalisation as a British citizen. This process, which follows the granting of ILR, is the most common route for individuals to attain British citizenship in the United Kingdom.

To apply for naturalisation, you must submit your application to the Home Office UKVI using application form AN. It’s important to note that the decision to grant naturalisation is at the discretion of the Home Secretary, as stated in Section 6 of the British Nationality Act 1981. The Home Secretary has the authority to issue a certificate of naturalisation to individuals of full age and capacity, provided they meet the criteria set out in Schedule 1 of the Act.

Achieving British citizenship through naturalisation is a significant milestone for those who have made the United Kingdom their home. At Aden & Co Solicitors, our team of specialist immigration solicitors is highly experienced in handling naturalisation applications. The excellence of our legal services is reflected in our 5-star Google Reviews, with 99% of our clients expressing their satisfaction.

Free Immigration Advice for Naturalisation as a British Citizen

Our expert team of immigration solicitors offers one-off free immigration advice online regarding your application for naturalisation as a British citizen. Whether you have a quick question or need detailed guidance, you can easily reach out to our specialist naturalisation solicitors online or book an appointment online for comprehensive immigration advice.

Aden & Co Solicitors offers a complimentary evaluation service to assess your case. Our team of London-based immigration solicitors and lawyers will analyze the Home Office refusal letter to determine if there are grounds to appeal. Simply send your refusal letter to [email address removed] for a free assessment. Don’t miss out on this opportunity to explore your options for obtaining a UK visa or immigration status.

Eligibility Requirements for Naturalisation as a British Citizen After ILR

To qualify for naturalisation as a British citizen after receiving Indefinite Leave to Remain (ILR), you must meet the following criteria:

Holding ILR: You must have held ILR for at least 12 months before applying for naturalisation, unless you are married to or in a civil partnership with a British citizen. In that case, you can apply immediately after receiving ILR, without the 12-month waiting period.

Residence Requirement: If you are not married to or in a civil partnership with a British citizen, you must have continuously resided in the UK for the last 5 years, with no more than 450 days of absence during that period. For those who are spouses or civil partners of British citizens, the residence requirement is reduced to 3 years, with a maximum of 270 days of absence. Additionally, regardless of your relationship status, it is essential that you have not been absent from the UK for more than 90 days in the 12 months immediately preceding your naturalisation application. Furthermore, you must be physically present in the UK on the first day of your 5 or 3-year qualifying period to meet the residence requirement for British citizenship.Aden & Co Solicitors is dedicated to guiding you through these critical steps, ensuring that your path to British citizenship is both clear and achievable.

Intention to Make the UK Your Main Home: You must show that you intend to make the UK your principal residence.

Good Character Requirement: You must meet the good character requirement as outlined in the UKVI guidance.

English Language and Life in the UK Test: You must pass both the English language and Life in the UK tests unless you are over 65. If you have serious health conditions, you may apply for an exemption from one or both tests.

With Aden & Co Solicitors by your side, you can navigate the naturalisation process with confidence, ensuring that you meet all requirements and successfully achieve British citizenship.

Understanding the Good Character Requirement for British Citizenship

To successfully apply for naturalisation as a British citizen, it is crucial to meet the “good character” requirement. Although the British Nationality Act 1981 does not explicitly define “good character,” the Home Office UK Visas and Immigration (UKVI) provides detailed guidance on the types of conduct evaluated during this assessment.

Home Office caseworkers assess various aspects of an applicant’s character, including any criminal history, breaches of immigration laws, instances of deception, as well as positive contributions to society. It is important to note that this assessment is comprehensive and considers each case individually.

Referee Requirements for Naturalisation as a British Citizen

When applying for naturalisation using Form AN, you must provide endorsements from two referees. One referee must be a person of professional standing, such as a minister of religion, civil servant, or a member of a professional body like an accountant or solicitor (who is not representing you in your application). The second referee should ideally be a British citizen holding a valid British passport and must be either a professional or someone over the age of 25.

Referees must meet the following criteria:

• They must not be a relative of the applicant.
• They cannot be the solicitor or agent representing the applicant.
• They must not be related to the other referee.
• They should not be employed by the Home Office.
• They must have no criminal convictions leading to imprisonment within the last 10 years unless the conviction can be disregarded per UKVI guidelines.
• They should know the applicant personally.
• They must be willing to provide detailed information about the applicant’s character.
• They must inform the Home Office if they are aware of any reasons why the applicant should not be granted citizenship.

How to Apply for Naturalisation as a British Citizen After ILR Grant

To apply for British citizenship after receiving Indefinite Leave to Remain (ILR), follow these steps:

Complete the Application Form Online: Fill out and submit online Form AN, along with the Home Office UKVI fee of £1,580.

Book a Biometrics Appointment: Schedule an appointment for biometrics enrollment at a UKVCAS application centre via the online platform.

Upload Supporting Documents: Before your biometrics appointment, upload all necessary documents through the UKVCAS portal.

Attend Biometrics Appointment: Attend your appointment with your BRP card (if applicable), passport, and the appointment letter. The processing of your application begins after biometrics enrollment.

Wait for the Decision: After submitting your biometrics, wait for the Home Office to notify you of the decision on your application. Upon approval, you’ll receive a letter inviting you to a citizenship ceremony.

Attend Citizenship Ceremony: Contact your local council to schedule your citizenship ceremony, where you will receive your naturalisation certificate, officially making you a British citizen.

Apply for a British Passport: Once you have your naturalisation certificate, you can apply for your first British passport.

Naturalisation After One Year of ILR Under Section 6(1) of the British Nationality Act 1981

If you are not married to a British citizen, you can apply for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981, 12 months after obtaining ILR. Additionally, you must have legally resided in the UK for the 5 years prior to your application.

Eligibility Criteria for Naturalisation under Section 6(1):

• You are 18 years of age or older.
• You have sound mental capacity.
• You meet the good character requirement, which includes no recent serious criminal activity and no history of deception or immigration offences within the last 10 years.
• You intend to continue residing in the UK.
• You meet the English language and Life in the UK test requirements.
• You satisfy the residency requirement.

Typical Residency Requirements Include:

• Living in the UK for at least 5 years before applying.
• Having no more than 450 days of absence from the UK during this period.
• Not spending more than 90 days outside the UK in the last 12 months.
• Holding ILR or settled status for the last 12 months.
• Complying with all UK immigration laws throughout your stay.

There is some discretion in waiving certain residency requirements, particularly if the applicant was present in the UK at the beginning of the 5-year period, unless absent due to service in HM forces, and is free from time restrictions under immigration law at the time of application.

Discretion for Excessive Absences During the Qualifying Period for Naturalisation

When applying for naturalisation under Section 6(1) of the British Nationality Act 1981, the Home Office may exercise discretion if an applicant exceeds the allowable absence of 450 days outside the UK during the 5-year qualifying period. Typically, if absences surpass this threshold by 30 days or less, the Home Office UK Visas and Immigration (UKVI) may grant discretion, provided all other eligibility criteria are satisfied. However, if absences exceed 480 days, UKVI will consider various factors such as the applicant’s ties to the UK, length of residency, family connections, and any extenuating circumstances.

For applicants with absences exceeding 730 days, UKVI generally expects that the applicant has resided in the UK for the last 8 years unless the excessive absences were due to:

• A Posting Abroad: Serving in Crown or designated service, including HM Forces, or accompanying a British citizen spouse/partner on an overseas posting.
• Unavoidable Work-Related Travel: Such as employment as a merchant seaman or with a UK-based company requiring frequent international travel.
• Exceptional Circumstances: Compelling occupational or compassionate reasons, such as a job offer where British citizenship is a genuine requirement.

It is important to note that absences exceeding 900 days are rarely disregarded by the Home Office, making the application likely unsuccessful and non-refundable.

Moreover, applicants must ensure they have not been absent from the UK for more than 90 days during the 12 months before the naturalisation application. Typically, UKVI exercises discretion in favour of applicants whose absences in the final 12 months do not exceed 100 days. However, only in exceptional cases will absences exceeding 180 days be disregarded, and only if all other requirements are strictly met.

Naturalisation as a Spouse of a British Citizen Under Section 6(2) of BNA 1981

Section 6(2) of the British Nationality Act 1981 allows individuals to apply for naturalisation as a British citizen as the spouse or civil partner of a British citizen immediately after being granted Indefinite Leave to Remain (ILR) in the UK. Unlike other naturalisation routes, there is no requirement to wait 12 months after obtaining ILR, provided the applicant has been lawfully resident in the UK for at least 3 years preceding the application date.

To be eligible for naturalisation under Section 6(2), applicants must:

• Be 18 years of age or older.
• Possess sound mental capacity.
• Demonstrate good character, free from serious criminal records and any history of deception or immigration offences within the last 10 years.
• Meet the English language and Life in the UK test requirements.
• Hold ILR in the UK or have settled status under the EU Settlement Scheme (EUSS) if an EEA national.

Unless the applicant’s spouse or civil partner works abroad for the UK government or a closely associated organization, the following conditions must also be met:

• Residency Requirement: The applicant must have lived in the UK for at least 3 years prior to the application.
• Absence Limitations: The applicant should not have spent more than 270 days outside the UK during those 3 years or more than 90 days outside the UK in the last 12 months.
• Compliance with Immigration Laws: The applicant must have adhered to all UK immigration laws during their stay.

Discretion to waive the residence requirement under Section 6(2) of the British Nationality Act 1981 is available for applicants seeking naturalisation as a British citizen, provided they hold Indefinite Leave to Remain (ILR) in the UK at the time of their application

Discretion for Excessive Absences During the Qualifying Period for Spouses

For naturalisation under Section 6(2), if the applicant exceeds the allowable absence of 270 days outside the UK during the 3-year qualifying period, the Home Office may exercise discretion provided all other requirements are fulfilled. If absences exceed the threshold by 30 days or less, UKVI typically exercises discretion unless there are other reasons for refusal.

If absences extend beyond 450 days, UKVI expects the applicant to have been a resident in the UK for the previous 3 years unless the absences were due to:

• Crown or Designated Service Abroad: Including military service or accompanying a British citizen spouse/partner.
• Work-Related Travel: Such as employment requiring frequent international commitments.
• Exceptional or Compelling Circumstances: Occupational or compassionate reasons, like a job offer requiring British citizenship.

Absences exceeding 540 days are rarely overlooked, making the application likely unsuccessful. Applicants must also ensure they do not exceed 90 days of absence in the 12 months before the application. Generally, absences not exceeding 100 days are often disregarded, but those over 180 days are only considered in highly exceptional cases.

Exceptional Grants of Naturalisation Applications

In rare and exceptional circumstances, applications for naturalisation that would typically be denied may be granted due to compelling mitigating factors. Examples of such cases include:

• Criminal Convictions Not Recognized in the UK: Situations where the applicant’s criminal record involves an offense not recognized in the UK, such as those related to homosexuality or trade union membership, may be considered for discretion.
• Minor Offenses with Strong Character Evidence: If the applicant has committed a single non-custodial offense within the first two years of the preceding three, has no further offenses in the last 12 months, and has demonstrated strong evidence of good character, refusal may be deemed disproportionate.
• Long-Term UK Residents with Old Convictions: Applicants who have lived in the UK since childhood or from a very young age and have a single, dated conviction may also be considered for discretion.

Decisions to grant naturalisation in these exceptional cases require approval from the Chief Caseworker. Notably, any proposal to grant naturalisation to an individual who has served a sentence of 4 years or more must receive ministerial approval.

Naturalisation Application for EEA and Swiss Nationals

For EEA or Swiss nationals seeking British citizenship through naturalisation, it is mandatory to first secure settled status under the EU Settlement Scheme (EUSS). In addition to this, all other eligibility requirements outlined above must be met to successfully obtain British citizenship.

In a landmark decision on March 10, 2022, in the case of VI v HM Revenue and Customs C-247/20, the Court of Justice of the European Union (CJEU) ruled that individuals “affiliated” with the National Health Service (NHS) are entitled to Comprehensive Sickness Insurance (CSI) under the Free Movement Directive. While the CJEU did not define “affiliated,” it is interpreted to mean having the right to comprehensive and free NHS treatment. Under UK law, individuals considered “ordinarily resident” in the UK are deemed to have CSI, satisfying this requirement for naturalisation.

British Passport Application After Naturalisation

Once you receive your naturalisation certificate, you can apply for your first British passport. It is important to note that first-time British passport applications cannot be expedited through the Priority or Urgent Passport Service. Typically, processing by Her Majesty’s Passport Office (HMPO) takes between 4 to 8 weeks. Additionally, HMPO may require an identification interview before issuing your first passport following naturalisation.

How Aden & Co Solicitors Can Assist with Your Naturalisation Application

At Aden & Co Solicitors, our dedicated team of nationality law solicitors offers expert legal advice and representation for your naturalisation application on a fixed-fee basis. We guide you through every step of the process, ensuring your application meets the Home Office UK Visas and Immigration (UKVI) requirements.

Our comprehensive services include:

• Requirement Guidance: We provide detailed advice on the eligibility requirements for a successful naturalisation application.
• Document Preparation: Our solicitors will compile a comprehensive list of necessary documents and review them to ensure they comply with Home Office UKVI guidelines.
• Application Form Completion: We handle the completion of the online application form AN and arrange your biometric enrolment appointment.
• Detailed Cover Letter Preparation: Our team will draft a robust cover letter outlining all relevant legal arguments to support your application.
• Document Upload: We manage the online submission of your supporting documents before your biometric enrolment.
• Follow-Up: We stay engaged throughout the process, following up with the Home Office UKVI until a decision is made on your application.

With our expert legal representation, you can confidently navigate the naturalisation process. Our team is committed to supporting you every step of the way, from initial advice to final approval.

Why Choose Aden & Co Solicitors for Your Naturalisation as a British Citizen?

Choosing Aden & Co Solicitors for your naturalisation application comes with several benefits:

• High-Quality Legal Services: Our London-based team of nationality law solicitors is renowned for delivering exceptional legal services, reflected in our 5-star Google Reviews from 99% of our clients.
• Remote Services: We offer remote legal services, allowing you to receive expert advice and representation from anywhere, saving you time and travel costs.
• 7-Day Availability: Our team is available seven days a week to provide the dedicated support you need for your naturalisation application.
• Qualified Experts: Your application will be handled by fully qualified and experienced nationality law solicitors with extensive expertise in naturalisation cases.
• Fixed Fees with Payment Plans: We offer transparent, fixed fees with flexible payment options, allowing you to pay in two instalments—half at the start and the balance upon submission to the Home Office UKVI.

Contact Aden & Co Solicitors today to start your journey to British citizenship with confidence and expert support.

“With our dedicated team of experts and a full suite of comprehensive services, we are committed to making the naturalisation process as seamless and efficient as possible for our clients.”

How Much Does an Application for Naturalisation as a British Citizen Cost?

When applying for naturalisation as a British citizen, it’s essential to understand the associated costs. At Aden & Co Solicitors, we offer transparent and competitive fixed fees for our expert legal services, ensuring you know exactly what to expect.

Our Fixed Fees for Your Naturalisation Application

Our fixed fee for handling your naturalisation application ranges from £800 + VAT to £1,200 + VAT. This fee covers all aspects of our service, including:

• Document Guidance: Comprehensive advice on the necessary documents for your application.
• Document Review: Thorough checking of your documents to ensure they meet Home Office UKVI standards.
• Application Form Completion: Professional assistance in completing and submitting the naturalisation application online.
• Biometrics Appointment Booking: Arranging your biometrics enrolment appointment.
• Cover Letter Preparation: Crafting a detailed cover letter to support your application.
• Document Upload: Uploading all supporting documents to the UKVI portal.
• Follow-Up Work: Handling all follow-up communications with the Home Office UKVI until a decision is made on your application.

The exact fee within this range will depend on the complexity of your case and the amount of work involved. We offer a flexible payment plan, where half of the agreed fee is payable at the start of our work, and the remaining balance is due once your naturalisation application is fully prepared and ready for submission.

“If you’re unable to cover the cost of our full-service package, we offer flexible alternatives to meet your needs. You can book an online appointment for our one-off immigration advice and consultation service at a fixed fee of £100 (including VAT). Alternatively, take advantage of our immigration document checking service for a fixed fee of £300 (including VAT). These options provide expert guidance and support without the commitment of a full-service package, ensuring you still receive professional assistance tailored to your budget.”

UKVI Fees for Naturalisation as a British Citizen

In addition to the fixed fees charged by Aden & Co Solicitors for assisting with your naturalisation application, you’ll need to separately pay the Home Office UKVI fees. These government fees are mandatory and are required for the processing of your application.

Our Related Services

At Aden & Co Solicitors, we offer a range of related services to assist you with various aspects of British nationality and immigration law. These include:

Frequently Asked Questions (FAQs) About Naturalisation as a British Citizen After ILR Grant

Here are the most commonly asked questions regarding applying for naturalisation as a British Citizen after obtaining Indefinite Leave to Remain (ILR):