Becoming a British Citizen Through Naturalisation After ILR

If you've been granted Indefinite Leave to Remain (ILR) in the UK, you may be eligible to apply for naturalisation as outlined in the British Nationality Act 1981. This route is the most common pathway for those seeking to become British citizens after securing ILR. The application process involves submitting Form AN to the Home Office UKVI. The decision to grant naturalisation is made by the Home Secretary, who exercises discretion based on whether the applicant meets the legal requirements set out in the Act.

Requirements for Naturalisation After ILR

Holding ILR: You need to have had ILR for at least 12 months before applying unless you are married to a British citizen, in which case you can apply immediately after receiving ILR.

Residence Requirements: Non-spouses must have lived in the UK for at least 5 years, with no more than 450 days spent outside the UK during this period. For spouses of British citizens, the residence requirement is 3 years with no more than 270 days of absence. Additionally, you should not have been outside the UK for more than 90 days in the 12 months prior to applying.

Intention to Make the UK Your Home: You must demonstrate that you intend to make the UK your main home.

Good Character Requirement: Your application must meet the good character criteria set out by the Home Office.

English Language and Life in the UK Test: You must pass the English language test and the Life in the UK test unless exempt due to age or health reasons.

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

You can apply for naturalisation one year after receiving ILR under Section 6(1) of the British Nationality Act 1981, provided you meet all the requirements, including a minimum of 5 years of lawful residence in the UK before applying. Additional criteria include being 18 or older, of sound mind, of good character, and intending to continue living in the UK.

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

If you are married to a British citizen, you can apply for naturalisation immediately after being granted ILR, without the 12-month waiting period. The eligibility criteria include being 18 or older, of sound mind, of good character, and meeting the residence and English language requirements.

Discretion for Excessive Absences

If your absences from the UK exceed the allowed limits, the Home Office may still grant naturalisation under certain circumstances, such as strong ties to the UK, work-related absences, or compassionate grounds. However, absences beyond certain thresholds are rarely disregarded, and such cases require a strong justification.

Special Circumstances for Naturalisation

In some cases, naturalisation may be granted despite not meeting the usual criteria, such as when a criminal conviction is not recognized in the UK or when the applicant has lived in the UK since childhood. These decisions require approval from higher authorities within the Home Office.

Naturalisation for EEA and Swiss Nationals

EEA and Swiss nationals must first obtain settled status under the EU Settlement Scheme before applying for naturalisation. They must meet the same eligibility criteria as other applicants, including residence, good character, and language requirements.

Applying for a British Passport After Naturalisation

After receiving your naturalisation certificate, you can apply for a British passport. The process typically takes 4 to 8 weeks, and you may be required to attend an interview for identity verification.

Legal Assistance for Naturalisation Applications

Our team of experienced nationality solicitors offers expert advice and representation for your naturalisation application on a fixed fee basis. We guide you through every step, from assessing eligibility and preparing documents to submitting the application and following up with the Home Office.