Naturalisation as a British Citizen for Members of HM Forces Exempt from Immigration Control
Members of the British Armed Forces who are exempt from immigration control can apply for British citizenship through naturalisation using Form AN, provided they have resided in the UK lawfully for at least five years. This eligibility extends to those who have served in the armed forces and remain on active duty. The application for naturalisation should be submitted to UK Visas and Immigration (UKVI) via Form AN.
Free Immigration Advice for Naturalisation as a British Citizen for HM Forces Members
Aden & Co Solicitors offer complimentary, one-off online immigration advice tailored to your application for naturalisation as a British citizen if you are a member of HM Forces. You can ask our specialist immigration team questions online for free or book an appointment for comprehensive advice and consultation regarding your application.
Eligibility Criteria for Naturalisation as a British Citizen for HM Forces Members
To qualify for naturalisation as a British citizen, a member or former member of the British Armed Forces must meet the following criteria:
- No Immigration Time Restrictions: The applicant must not be subject to immigration time restrictions at the time of their application for naturalisation.
- Continuous Residence: The applicant must have lived continuously in the UK for at least five years before the application date.
- Good Character Requirement: The applicant must meet the good character requirement applicable to all naturalisation applicants.
- Knowledge of Life in the UK and English Language: The applicant must satisfy the requirements for knowledge of life in the UK and proficiency in the English language.
Residence Requirements for Serving Members of the Brigade of Gurkhas
For applicants currently serving in the Brigade of Gurkhas, the UKVI should:
- Exclude days of technical absence during the qualifying period from the residence count.
- Combine technical absences with actual absences to determine the total number of days absent.
- Apply the standard levels of permitted absence (450/270/90 days) and not waive any excess absence.
Discretion for Absences
Under the British Nationality Act 1981, there is discretion to overlook the requirement to be in the UK on the first day of the five-year qualifying period for a 6(1) application if the applicant is or was a member of the Armed Forces. The Home Office should exercise discretion if:
- The applicant was serving in the UK armed forces on the first day of the qualifying period.
- The applicant was unable to be physically present due to their service.
- The applicant meets all other requirements for section 6(1).
In such cases, the Home Office may treat any “technical” absences during the qualifying period as residence and may disregard actual absences due to military service.
Requirement to be Free from Immigration Control
During military service, applicants are exempt from immigration control and thus free of immigration time restrictions. Former armed services personnel often have Indefinite Leave to Remain (ILR) upon discharge and will typically meet the requirement to be free of immigration time restrictions in the 12 months before their application. If an applicant was granted limited leave on discharge before obtaining ILR, the Home Office may exercise discretion regarding the 12-month requirement, especially if the limited leave was brief.
Naturalisation for Spouses/Civil Partners and Children of HM Forces Members
Spouses and civil partners of HM Forces members are generally granted leave to remain based on their partner’s service but must meet immigration requirements independently. They may face issues with meeting the criteria for being free of immigration time restrictions if they do not hold ILR for the requisite 12 months. The Home Office may exercise discretion to disregard absences due to overseas service.
Children born in the UK to HM Forces members are automatically British citizens. If a child is not already a British citizen, their application should be considered in conjunction with their parents’ status, and the Home Office may waive the requirement for children over 13 to have completed two years’ residence in the UK.
How Aden & Co Solicitors Can Assist with Your British Citizenship Naturalisation Application
At Aden & Co Solicitors, our expert immigration team in London is dedicated to managing every aspect of your naturalisation application as a British citizen. We handle all necessary procedures until the Home Office UKVI reaches a decision on your application. Our comprehensive legal services for British citizenship naturalisation include:
- Eligibility Assessment: Our immigration solicitors will evaluate your eligibility for British citizenship, thoroughly reviewing your immigration history and relevant details.
- Success Assessment: We will provide a detailed analysis of your application’s chances of success, highlighting any potential weaknesses.
- Document Guidance: Our team will advise you on the required documents to support your British citizenship application.
- Document Review: We will meticulously review all supporting documents to ensure they meet Home Office UKVI requirements for naturalisation.
- Application Form Completion: Our solicitors will complete and submit Form AN online, assist with the Home Office UKVI fee payment, and arrange your appointment at the UKVCAS centre for biometric enrolment.
- Cover Letter Preparation: We will draft a comprehensive cover letter detailing your eligibility for naturalisation, referencing all relevant information, documents, laws, and requirements.
- Document Upload: We will upload all supporting documents and the cover letter to the online application portal.
- Ongoing Support: We will oversee your application throughout the process until a decision is received from the Home Office UKVI.
Why Choose Aden & Co Solicitors for Your Naturalisation Application as a Member of HM Forces?
Choosing Aden & Co Solicitors for your British citizenship application offers several key benefits:
- Exceptional Legal Services: Our skilled nationality law solicitors in London deliver top-tier legal services for naturalisation applications, as reflected by our outstanding 5-star Google Reviews from 99% of our clients.
- Remote Services: We offer expert immigration advice and representation remotely, using modern technology to manage your application efficiently without the need for in-office visits, saving you time and travel costs.
- Availability: We are available seven days a week, providing dedicated support and legal representation for your naturalisation application.
- Qualified Expertise: All casework is handled by our fully qualified and experienced nationality law solicitors, ensuring expert management of your application.
- Free Online Advice: Our specialists provide complimentary online immigration advice through our website enquiry form for those seeking guidance on naturalisation as a British citizen.
- Affordable Fixed Fees: We offer competitive fixed fees for naturalisation applications with an option to pay in two installments—half at the start of the work and the remainder upon completion of the application.
Cost of Applying for British Citizenship Naturalisation
Our fixed fees for handling your naturalisation application range from £800 + VAT to £1,200 + VAT. This fee covers all aspects of our service, including document advice, review, completion of the application form, submission, biometric appointment scheduling, cover letter preparation, document uploading, and follow-up work until a decision is received from the Home Office UKVI. The final fee is based on the complexity of your case, with an initial payment due when we commence work and the balance payable upon finalising your application.
If you’re concerned about the cost of comprehensive legal services, consider our budget-friendly options. You can schedule an online appointment for a one-time immigration advice and consultation session for a fixed fee of £100 (including VAT). Alternatively, opt for our immigration document checking service at a fixed fee of £300 (including VAT). Both services offer expert guidance and ensure that you receive the necessary support for your immigration needs.
UKVI Fees for Your Naturalisation Application
Alongside our fixed fee for managing your naturalisation application, you will need to cover the Home Office UKVI fees separately.