Eligibility to Apply for British Citizenship After ILR

Individuals who have obtained Indefinite Leave to Remain (ILR) may be eligible to apply for British citizenship through naturalisation. If you are married to a British citizen, you can submit your application immediately upon being granted ILR, provided you meet all other legal requirements for naturalisation. However, if you are not married to a British national, you must wait for a minimum of 12 months after receiving ILR. During this period, you must not have any time-limited conditions on your stay in the UK.

Maximum Permitted Absence from the UK for Naturalisation

To meet the residence criteria for British citizenship, applicants must not have spent more than 90 days outside the UK in the 12 months preceding their application. Those not married to a British citizen must also ensure they have not been absent from the UK for more than 450 days over the previous five years. Meanwhile, individuals married to a British citizen must not exceed 270 days of absence within the past three years.

Understanding the ‘Good Character’ Requirement

The British Nationality Act 1981 requires all applicants for naturalisation to be deemed of “good character.” Although the term is not explicitly defined in legislation, the Home Office provides detailed guidance on how this is assessed. Factors that can lead to a finding of poor character include criminal offences, immigration breaches, dishonesty, financial misconduct, involvement in terrorism, and other forms of serious misconduct. Even seemingly minor issues may adversely impact an application, making it essential to address any concerns in advance with the help of a legal immigration advisor.

Discretionary Considerations in Naturalisation Applications

The Secretary of State holds the legal discretion to waive certain naturalisation requirements in specific cases. These may include:

• Exceeding the permitted absence limits, such as being abroad for more than 90 days in the year before application;

• Not meeting the 12-month period of unrestricted stay after ILR, where appropriate;

• Minor breaches of immigration laws during the qualifying period;

• Exemption from English language and Life in the UK test, based on age, disability, or mental condition.

However, there are mandatory criteria over which no discretion can be exercised. These include:

• Being physically present in the UK at the beginning of the qualifying period (3 or 5 years);

• Holding ILR or another form of permanent residence status;

• Satisfying the ‘good character’ requirement.

When applying under discretionary provisions, careful preparation and expert legal support are highly advisable to ensure all relevant factors are properly addressed.

Naturalisation Routes for EU and EEA Nationals

Nationals of the European Economic Area (EEA), as well as their family members, are eligible to apply for British citizenship, provided they have held Settled Status under the EU Settlement Scheme for at least 12 months. Alternatively, applicants who had acquired permanent residence prior to 30 June 2021 may also apply if they can demonstrate continuous residence. In some cases, applicants may have acquired ILR through other immigration categories and can proceed to naturalisation after a qualifying period of 12 months.

Options for Individuals with Other Forms of British Nationality

Those holding statuses such as British Overseas Territories Citizen (BOTC), British National (Overseas), British Overseas Citizen (BOC), British Subject, or British Protected Person are not automatically considered British citizens. These individuals may be eligible to register as British citizens through alternative legal provisions rather than applying for naturalisation.

Referees Required for British Citizenship Applications

Applicants must provide two referees with their application for naturalisation:

• One referee should be a professional of any nationality with good standing, such as a teacher, civil servant, or medical practitioner (excluding your legal representative in the case).

• The second referee must be a British citizen holding a valid UK passport, who is either a professional or aged 25 or older.

Both referees must have known the applicant personally for at least three years and must not be related to the applicant or each other.

Fees for British Naturalisation

The Home Office currently charges £1,500 for a naturalisation application. An additional £130 is required to cover the cost of the citizenship ceremony, which includes the official oath or pledge of allegiance. These fees are subject to periodic updates, and applicants are encouraged to confirm the latest costs before submission.

Processing Time for British Citizenship Applications

Naturalisation applications are generally processed within 3 to 6 months, although many receive a decision in approximately 12 weeks. The timeline may vary depending on the complexity of the case, the completeness of the application, and any required additional information or documentation.

Can You Travel While Your Application is in Progress?

Yes, applicants may travel internationally while awaiting the outcome of their citizenship application. When submitting your documents, you can provide a certified copy of your passport so that your original passport remains with you for travel purposes. However, since applying for naturalisation does not grant immigration status, you must carry proof of your current legal status in the UK—such as your ILR documentation—when re-entering the country.

Note that within 45 days of submission, you will likely be required to attend a biometric enrolment appointment. Failing to complete this step may result in your application being invalidated.

What Happens After Your Application is Approved?

Once your application for British citizenship is approved, you will receive an invitation to attend a citizenship ceremony. At the ceremony, you will be formally granted citizenship and issued a certificate of naturalisation. This certificate enables you to apply for a British passport, completing your transition to British nationality.

How Link And Day Lawyers Can Support You

At Link and Day Lawyers, our team of skilled immigration lawyers is dedicated solely to providing comprehensive immigration services. We bring in-depth knowledge and hands-on experience to a wide range of British nationality and citizenship matters.

Whether you are seeking British citizenship through naturalisation, based on long-term residence, or via marriage to a British national, our legal experts are here to simplify the process. We offer strategic guidance and practical support tailored to your unique circumstances, ensuring compliance with complex UK nationality laws.

Our approach is client-focused and solution-driven. We take the time to understand your goals and concerns, delivering accurate, transparent, and actionable advice. At Link and Day Lawyers, we are committed to delivering exceptional service marked by professionalism, responsiveness, and genuine care for every client we represent.