Naturalisation is the legal pathway for individuals not born as British citizens to obtain British citizenship. Once granted Indefinite Leave to Remain (ILR) in the UK and meeting additional eligibility criteria stipulated in the British Nationality Act 1981, individuals become eligible to apply for naturalisation as a British Citizen. This route, post-ILR, is the most common method to achieve British citizenship in the United Kingdom.

The application process for naturalisation involves completing form AN and submitting it to the Home Office UKVI. However, it’s crucial to note that the decision to grant naturalisation lies with the Home Secretary, as specified in Section 6 of the British Nationality Act 1981. The Home Secretary has the discretion to issue a certificate of naturalisation to individuals meeting the requirements outlined in Schedule 1 of the Act.

Becoming a British citizen through naturalisation is a significant milestone for many individuals who have established the United Kingdom as their home. Aden & Co Solicitors specialize in immigration law, particularly in handling naturalisation applications, as evidenced by the 5-star Google Reviews rating given by 99% of our clients, attesting to the high quality of our legal services in this field.

Complimentary Immigration Consultation for British Citizenship Naturalisation

Our dedicated team of immigration solicitors specializing in naturalisation applications offers a one-time free online immigration consultation for individuals seeking British citizenship through naturalisation. You can submit your inquiries to our team of naturalisation solicitors for complimentary immigration advice online, or schedule an appointment for comprehensive immigration guidance with our specialist solicitors regarding your British citizenship naturalisation application.

Fixed-fee Immigration Advice and Legal Representation

• Initial Consultation: £100 (including VAT) – This includes a 30 minute consultation to discuss your eligibility and the application process.
• Application Preparation and Submission: Our fixed fee for naturalization application ranges from £800 + VAT to £1,200 + VAT – This fixed fee covers complete preparation and submission of your naturalization application, including all necessary documentation and correspondence with the Home Office.
• Additional Fee: We may in some cases charge additional fee of £300 + VAT to £500 + VAT depending on the urgency and complexity of a case and volume of work involved. This will be agreed with you in advance at the outset of your case.

Criteria for British Citizenship Naturalisation Following ILR Grant

To qualify for British citizenship naturalisation after receiving Indefinite Leave to Remain (ILR), you must satisfy the following conditions:

ILR Status: You should have held ILR for a minimum of 12 months before applying for British citizenship, except if you are the spouse of a British Citizen, in which case you can apply immediately after obtaining ILR without the 12-month wait.

Residence Requirement: If you’re not a British Citizen’s spouse or civil partner, you must have lived in the UK for the last 5 years, with no more than 450 days of absence. If you are a British Citizen’s spouse or civil partner, you must have resided in the UK for the last 3 years, with no more than 270 days of absence. Additionally, you should not have been away from the UK for more than 90 days in the preceding 12 months before applying. You must also be physically present in the UK on the first day of the relevant 5 or 3-year qualifying residence period.

Intent to Reside in the UK: You must demonstrate an intention to establish the UK as your primary residence.

Good Character: You must meet the good character requirement, per the UKVI’s guidance on good character.

English Language and Life in the UK Test: Unless you are over 65, you must fulfill the English language and Life in the UK test criteria. If you have severe health issues preventing you from meeting these criteria, you can apply for exemptions from one or both tests.

What Does the Good Character Requirement Entail for British Citizenship Naturalisation?

To obtain British citizenship through naturalisation, applicants must adhere to the good character requirement. Although the British Nationality Act 1981 doesn’t explicitly define good character, Home Office UK Visas and Immigration (UKVI) guidance sheds light on the behaviors and traits considered during the assessment.

UKVI officials evaluate various facets of an individual’s character, encompassing negative elements like criminal records, violations of immigration regulations, and instances of dishonesty, alongside positive contributions to society. It’s crucial to recognize that this evaluation isn’t limited to the mentioned factors, and each case undergoes scrutiny based on its unique circumstances.

What Are the Referee Requirements for British Citizenship Naturalisation?

In the process of naturalisation as a British citizen, applicants are required to provide endorsements from two referees on their application Form (AN). One referee must possess professional credentials, such as a religious leader, civil servant, or member of a recognized professional body like an accountant or solicitor (provided they’re not representing the applicant). The second referee typically must be a British citizen holding a valid passport and either be a professional or be at least 25 years old.

• They cannot be related to the applicant.
• They cannot be solicitors or agents representing the applicant.
• They must not have any familial ties with the other referee.
• They must not be employed by the Home Office.
• They must not have any recent convictions (unless exceptions apply according to UKVI guidelines).
• They must personally know the applicant.
• They must be willing to furnish detailed information about their acquaintance with the applicant.
• They are obligated to disclose any concerns regarding the applicant’s eligibility for registration to the Home Office.

How to Apply for British Citizenship Naturalisation After ILR Grant?

To begin your journey towards British citizenship through naturalisation following the grant of Indefinite Leave to Remain (ILR), follow these step-by-step instructions:

Complete the Online Application Form: Fill out the online application form AN and submit it along with the required Home Office UKVI fee of £1580 through the Home Office UKVI website.

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

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

Attend the Biometrics Appointment: Arrive for your scheduled biometrics appointment with essential documents such as your BRP card (if applicable), passport/travel document, and the biometrics appointment letter. Processing of your naturalisation application begins from the date of biometrics enrollment.

Await Decision on Your Application: Wait for notification of the decision regarding your naturalisation application’s approval. Upon approval, you’ll receive a letter inviting you to attend a citizenship ceremony.

Attend the Citizenship Ceremony: Upon receiving the invitation to the citizenship ceremony, contact your Local Council using the provided telephone number to schedule an appointment. Attend the ceremony to receive your naturalisation certificate, marking your official status as a British citizen.

Apply for a British Passport: Following receipt of your naturalisation certificate, you’re eligible to apply for your first British passport whenever you wish.

Naturalisation One Year After ILR Grant According to Section 6(1) of BNA 1981

Following the grant of Indefinite Leave to Remain (ILR), individuals become eligible to apply for naturalisation as British Citizens under section 6(1) of the British Nationality Act 1981 after a period of 12 months, provided they are not married to a British Citizen. Moreover, applicants must have lawfully resided in the UK for the preceding 5 years leading up to their application date.

• Age and Mental Capacity: Applicants must be 18 years or older and possess sound mental capacity.
• Good Character: Applicants must demonstrate good character, which involves the absence of serious or recent criminal activity and no history of deception or involvement in immigration offenses within the past decade.
• Intent to Reside: Applicants must have the intention to continue residing in the UK.
• English Language and Life in the UK: Applicants must fulfill the English language and life in the UK knowledge requirements.
• Residency Requirement: Applicants must satisfy the residency requirement.

Additionally, applicants should typically:

• Have resided in the UK for a minimum of 5 years leading up to the application date.
• Not have exceeded 450 days outside the UK during the preceding 5-year period.
• Have spent no more than 90 days outside the UK in the last 12 months.
• Have held settlement (Indefinite Leave to Remain) in the UK for the preceding 12 months.
• Have maintained permanent residence or settled status for the past 12 months if they are citizens of EEA countries, supported by providing a permanent residence document or settled status.
• Have adhered to immigration laws without violation during their time in the UK.

Discretion exists to waive certain residency requirements, provided that the applicant:

• Was present in the UK at the start of the 5-year period, unless absence was due to service in HM forces.
• Is free from time restrictions under immigration law at the time of application.

Discretionary Consideration for Excessive Absences During the Qualifying Period

Applicants for naturalization under section 6(1) who have exceeded the allowed 450 days of absence from the UK during the 5-year qualifying period may still be considered for discretion by the Home Office, provided all other requirements are met.

• Absences up to 30 days beyond the threshold are typically excused.
• Absences between 480-730 days will be considered on a case-by-case basis, taking into account ties to the UK, length of residency, family connections, and extraordinary circumstances.

Absences exceeding 730 days require 8 years of continuous UK residency, unless the absence was due to:

• Crown or designated service abroad
• Unavoidable work-related travel
• Exceptional or compelling occupational or compassionate reasons

Note that absences over 900 days are rarely accepted, and applications may be unsuccessful with no full refund of fees. Additionally, applicants should not be absent for more than 90 days in the last 12 months, with discretion typically exercised for absences up to 100 days. Total absences exceeding 180 days in the last 12 months are only considered in exceptional circumstances if all other requirements are met.

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

According to section 6(2) of the British Nationality Act 1981, individuals have the opportunity to apply for naturalisation as British citizens as the spouse or civil partner of a British Citizen immediately after receiving Indefinite Leave to Remain (ILR) in the UK. This applies as long as they have been lawfully resident in the UK for a minimum of 3 years preceding the application date. Unlike other naturalisation routes, there is no need to wait for 12 months after obtaining ILR when applying as a spouse or civil partner of a British Citizen.

Eligibility requirements for naturalisation under section 6(2) include being at least 18 years old, having sound mental capacity, demonstrating good character, meeting English language and life in the UK knowledge requirements, and having been granted indefinite leave to remain in the UK or settled status under the EU Settlement Scheme (EUSS) if an EEA national (with appropriate documentation).

Unless the spouse or civil partner works abroad for the UK government or an affiliated organisation, applicants typically need to have:

• Resided in the UK for at least 3 years prior to the application submission.
• Spent no more than 270 days outside the UK during those 3 years.
• Spent no more than 90 days outside the UK in the last 12 months.
• Adhered to immigration laws while in the UK.

Discretion exists to waive the residence requirement for applications under section 6(2) of the British Nationality Act 1981, provided the applicant holds Indefinite Leave to Remain (ILR) in the UK at the time of the naturalisation application.

Discretion for Excessive Absences During the Qualifying Period

In instances where an applicant for section 6(2) naturalisation surpasses the permissible absence of 270 days outside the UK during the qualifying period, the Home Office may exercise discretion, provided all other requirements are satisfied. If the applicant exceeds the allowed absence by 30 days or less, the Home Office UK Visas and Immigration (UKVI) typically exercises discretion, unless there are additional grounds for refusal.

When absences extend beyond 450 days, the UKVI expects applicants to have been resident in the UK for the preceding 3 years, unless the absences were due to:

• A posting abroad in Crown or designated service, such as serving in HM Forces or accompanying a British citizen spouse/partner serving abroad.
• Unavoidable work-related travel, such as being a merchant seaman or employed by a UK-based business with frequent international commitments.
• Exceptional or compelling reasons of an occupational or compassionate nature, such as having a job offer where British citizenship is a genuine requirement.

It’s important to note that absences in excess of 540 days are rarely overlooked by the Home Office. If your absences exceed this limit, your application is likely to be unsuccessful, and your fee may not be fully refunded.

Additionally, applicants should not be absent from the UK for more than 90 days in the last 12 months. Normally, the UKVI exercises discretion in favour of applicants whose absences during the final 12 months do not exceed 100 days. However, only in highly exceptional circumstances would total absences exceeding 180 days in the last 12 months of the qualifying period be disregarded if all other requirements are not met.

Discretion for Excessive Absences During the Qualifying Period

In instances where an applicant for section 6(2) naturalisation surpasses the permissible absence of 270 days outside the UK during the qualifying period, the Home Office may exercise discretion, provided all other requirements are satisfied. If the applicant exceeds the allowed absence by 30 days or less, the Home Office UK Visas and Immigration (UKVI) typically exercises discretion, unless there are additional grounds for refusal.

When absences extend beyond 450 days, the UKVI expects applicants to have been resident in the UK for the preceding 3 years, unless the absences were due to:

• A posting abroad in Crown or designated service, such as serving in HM Forces or accompanying a British citizen spouse/partner serving abroad.
• Unavoidable work-related travel, such as being a merchant seaman or employed by a UK-based business with frequent international commitments.
• Exceptional or compelling reasons of an occupational or compassionate nature, such as having a job offer where British citizenship is a genuine requirement.

It’s important to note that absences in excess of 540 days are rarely overlooked by the Home Office. If your absences exceed this limit, your application is likely to be unsuccessful, and your fee may not be fully refunded.

Additionally, applicants should not be absent from the UK for more than 90 days in the last 12 months. Normally, the UKVI exercises discretion in favour of applicants whose absences during the final 12 months do not exceed 100 days. However, only in highly exceptional circumstances would total absences exceeding 180 days in the last 12 months of the qualifying period be disregarded if all other requirements are not met.

Exceptional Grants of Naturalisation Applications

In exceptional cases, applications that would normally be rejected may be approved due to mitigating circumstances. These scenarios include:

• Criminal convictions for offenses not recognized in the UK or with no comparable UK offense, such as acts legal in the UK or political activism.
• A single non-custodial sentence within the first two years of the preceding three, with no further offenses in the last 12 months, and strong evidence of good character in all other aspects, making a refusal disproportionate.
• A single conviction, but with a long history of residence in the UK since childhood or a young age, and the conviction occurring many years ago.

Any decision to grant an exception requires approval from the Chief Caseworker. Additionally, any proposal to grant an exception to an individual with a sentence of 4 years or more imprisonment requires approval from ministers.

Naturalisation Application for EEA or Swiss Nationals

For EEA or Swiss nationals seeking naturalisation as British citizens, holding settled status under the EU Settlement Scheme (EUSS) is a prerequisite. Additionally, you must meet all other eligibility criteria outlined above to ensure the success of your naturalisation application.

In a landmark ruling 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) clarified that individuals “affiliated” with the National Health Service (NHS) are entitled to Comprehensive Sickness Insurance (CSI) under the Free Movement Directive. While the term “affiliated” was not explicitly defined by the CJEU, it is understood to encompass individuals with the right to comprehensive and free NHS treatment. In domestic law, entitlement to such treatment is conferred upon those considered “ordinarily resident” in the UK. Therefore, individuals deemed ordinarily resident in the UK are considered to have held CSI under domestic law interpretation.

Naturalisation Application for EEA or Swiss Nationals

Upon receiving your certificate of naturalisation as a British Citizen, you are eligible to apply for your first British passport at any time. However, it’s crucial to understand that first-time British passport applications cannot be expedited through Priority or Urgent Passport Services. The processing time for such applications through Her Majesty’s Passport Office (HMPO) usually falls within the range of 4 to 8 weeks. Furthermore, HMPO may request you to undergo an identification interview before issuing your first British passport following your naturalisation as a British Citizen.

How Our Nationality Solicitors Can Assist with Your Naturalisation Application?

Our team of dedicated nationality solicitors specializes in providing expert advice and legal representation for your naturalisation application as a British Citizen, all on a fixed fee basis. With a focus on British nationality law, our solicitors can guide you through the entire legal process, handling every aspect of your application until a decision is reached by the Home Office UK Visas and Immigration (UKVI).

Here’s how our British nationality law solicitors can support you throughout your naturalisation application:

• Advising on Requirements: Receive comprehensive guidance on the necessary requirements for a successful naturalisation application.
• Document Guidance: Receive a detailed list of supporting documents required for your application.
• Document Assessment: Ensure your documents meet the standards outlined in UKVI guidance.
• Application Form Completion: Our team will complete the online application form AN on your behalf and arrange your biometric enrollment appointment.
• Detailed Cover Letter: Drafting a thorough cover letter supporting your application, outlining all relevant legal requirements.
• Document Uploading: Upload all supporting documents online before your biometric enrollment appointment.
• Follow-Up Work: Conduct all necessary follow-up work until a decision is made by UKVI.

With our expert legal representation, you can navigate the naturalisation process confidently, knowing your application is in capable hands. Our dedicated team is here to support you at every step, providing guidance on eligibility criteria, document preparation, application completion, and more.

Ready to start your journey to British citizenship? Contact us to learn more about how we can assist you with your naturalisation application. With our expertise and personalized support, you can navigate the process smoothly, bringing you closer to realizing your dream of becoming a British citizen.

Why Opt for Our Services for Naturalisation as a British Citizen?

Choosing our team of British nationality law solicitors and lawyers in London for your naturalisation application offers several compelling advantages:

• High-Quality Legal Services: Benefit from our team’s top-tier legal services, evidenced by the 5-star Google Reviews rating from 99% of our clients. Our experienced nationality law solicitors deliver exceptional quality in every aspect of your naturalisation application.
• Remote Accessibility: Access expert immigration advice and representation from our specialist nationality law solicitors and lawyers remotely. With modern technology, you can manage your application from anywhere, eliminating the need for in-person visits and saving time and travel expenses.
• Availability 7 Days a Week: We pride ourselves on offering dedicated advice and legal representation seven days a week. Our commitment to accessibility ensures you receive support whenever you need it, providing peace of mind throughout the application process.
• Qualified Specialists: Entrust your application to our team of fully qualified and experienced nationality law solicitors. Our specialists possess in-depth expertise in handling naturalisation applications, ensuring thorough and effective representation at every step.
• Transparent Fixed Fees: Enjoy transparent and affordable fixed fees for your naturalisation application, with the flexibility of a payment plan. You can split the agreed fee into two instalments, paying half at the start of our work and the remaining balance upon completion before submission to UKVI.

“We are committed to ensuring a smooth and efficient naturalisation process for our clients with our dedicated team of professionals and comprehensive services.”

What is the cost of applying for naturalisation as a British Citizen?

Our fixed fee for handling your naturalisation application ranges from £800 + VAT to £1,200 + VAT. This fee covers a comprehensive range of services, including advising on required documents, document verification, completing the application form, submitting the application online, scheduling biometric enrollment, drafting a supporting cover letter, uploading all necessary documents, and conducting follow-up until a decision is reached by the Home Office UKVI.

The exact fixed fee is determined based on the complexity of your case and the extent of work involved in processing your naturalisation application. You will be required to make an initial payment of half the fee at the outset of our services, with the remaining balance due upon completion of the application preparation before submission.

“If the full service is beyond your budget, you can still benefit from our offerings through alternative options. You can book an appointment online for our standalone immigration advice and consultation service for a fixed fee of £100 (including VAT). Alternatively, we offer an immigration document checking service for a fixed fee of £300 (including VAT).”

Fees Charged by UKVI for Your Naturalisation Application

Apart from our fixed fee for guiding you through your application, you’ll need to pay separate fees to the Home Office UKVI.

What Other Services Do We Offer?