Applying for British citizenship after Indefinite Leave to Remain
Our UK Immigration Lawyers help those with Indefinite Leave to Remain apply for British citizenship. In this article, we outline the advantages of British citizenship and explain the application process.
Indefinite Leave to Remain or British citizenship
Applying for British citizenship is a choice, not a requirement. The key advantages of British citizenship over ILR status are:
- You can apply for a British passport.
- You can come and go from the UK without time restrictions.
- You can vote in the UK elections.
Like British citizenship, ILR status allows you to live and work in the UK without needing a visa and without being subject to visa restrictions, such as only being able to accept employment from an employer with a sponsor licence or your sponsoring partner having to meet a minimum income threshold for the Spouse Visa financial requirement.
Passports and the ability to vote are push factors to apply for British citizenship, but a key consideration in a naturalisation application is freedom of movement. If you continue to live in the UK with ILR status, you can only leave the UK for up to two years. If you have ILR status and have been out of the UK for over two years, you will need a Return Visa to re-enter the UK.
If you are put off applying for British citizenship because you do not want to lose your nationality of birth, ask our London Immigration Solicitors about the option of applying for dual nationality so you retain your original nationality and gain British citizenship.
Meeting the requirements for a British citizenship application
Applying for British citizenship involves a rigorous application process; it is not a rubber-stamping exercise after acquiring Indefinite Leave to Remain.
The first step is checking whether you meet the five main requirements for naturalisation:
- You must have held ILR status for at least 12 months unless you are married to a British citizen.
- You must be 18 or over.
- You must meet the relevant residence requirement.
- You must meet the English language test and the British citizenship test.
- You must be of good character.
Some of these requirements sound onerous, but they may not be. For example:
- If you passed the English language test as part of your Skilled Worker Visa application, you won't need to retake it.
- If you passed the Life in the UK test when you applied for Indefinite Leave to Remain, you won't need to take the British citizenship test.
- You will be exempt from sitting the British citizenship test if you are over 65 or have a disability that affects your ability to sit the test.
Other requirements, such as the relevant residence and absence thresholds or the detailed immigration rules on good character, can make the British citizenship application process somewhat challenging for some applicants.
The residence requirement for British citizenship
There are two residence requirements for naturalisation applications:
- Five years if you are not married to a British citizen
- Three years if you are married to a British citizen
The residence requirement is confusing if you are on a Spouse Visa in the UK. To qualify for ILR after arrival in the UK on a Spouse Visa, you must meet an ILR residence requirement of five years. Therefore, the minimum residence requirement for Spouse Visa to ILR holders is five years, and you need ILR status before applying for citizenship. For other applicants, the residence requirement for British citizenship is generally at least six years (five years' residence requirement as the route to most ILR applications and one year of holding ILR status before being eligible to apply for citizenship).
For more information on absence thresholds, please read our detailed article: British Citizenship Applications and Absence Thresholds for Naturalisation.
The Indefinite Leave to Remain requirement for British citizenship
You need ILR status before you can apply for British citizenship, but the rules are different depending on whether you are married to a British citizen:
- If you are married to a British citizen, you can apply for British citizenship as soon as you obtain ILR.
- If you are not married to a British citizen, you must wait at least 12 months after you obtain ILR before applying to become a British citizen.
Do you need a British Citizenship Lawyer to apply for naturalisation?
There is no requirement to instruct an Immigration Solicitor to handle your naturalisation application, but all applicants should find the process less stressful with the help of a specialist British Citizenship Lawyer.
Without expert immigration legal advice, the typical British citizenship application mistakes include:
- Not sending the correct documents with the naturalisation application.
- Not fully understanding the absence thresholds and residence requirements.
- Not explaining issues that may be relevant to the good character test.
If you apply for citizenship and the Home Office rejects it, the application fees are lost, as the Home Office will not refund them. That’s why it's best to take British citizenship legal advice on the timing and contents of your application.
Frequently Asked Questions on Applying for British Citizenship
What is the good character requirement, and will I meet it?
Home Office Guidance offers insight into how Home Office officials assess whether an applicant is of good character. If you have complied with the immigration rules and do not have a criminal record or issues with government agencies, such as HMRC, you are likely to meet the good character test.
If you have been convicted of a crime, you could still meet the good character requirement depending on the nature of the crime and the type and length of custodial sentence.
Our British Citizenship Lawyers will explain how your situation fits into the Home Office Guidance on good character. If a Home Office official could exercise discretion in your favour, we will advise on preparing the best application for British citizenship.
Do I need to live in the UK to apply for British citizenship?
You must meet the residence requirement and intend to live in the UK after you obtain citizenship. However, if your plans change and you leave the UK, you will retain your British citizenship.
What is the difference between being settled in the UK and British citizenship?
If you are settled in the UK, you have the right to stay in the UK on a non-time-limited basis and free from immigration control. Settlement includes British citizenship, Indefinite Leave to Remain status, and those in the UK with settled status under the EU Settlement Scheme. If you are not a British citizen but would like to apply for naturalisation, our British citizenship Solicitors can help you through the application process.
What is a naturalisation application?
A naturalisation application is a British citizenship application by someone with Indefinite Leave to Remain status. If the application is successful, you become a naturalised Brit rather than British by birth or descent.
Will my British citizenship application cover my family?
If you came to the UK on a visa such as the Skilled Worker or Innovator Founder Visa and were accompanied by family members on Dependent Visas, all your dependents must meet the eligibility criteria for a British citizenship application and make an individual application. Our specialist Immigration Lawyers are experienced in helping couples and families apply for British citizenship.
How do I apply for British citizenship?
Before you apply for British citizenship, your Immigration Solicitors need to check that you meet the requirements and that citizenship is your best option. For example, you may still want to apply to become a British citizen but retain your nationality of birth through dual nationality.
An application for British citizenship is submitted online or using Form AN. You must send the correct supporting documents with your application and provide biometric information. If your application is successful, you will not acquire British citizenship until you attend a British citizenship ceremony. This must not be left as you are only given three months from the date of the Home Office notification to attend the ceremony.
Appointments are available at our London offices, or you can contact us to arrange a telephone or online consultation with an immigration expert.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, and Urdu/Punjabi.
Related Posts
British Citizenship Applications and Absence Thresholds for Naturalisation
The Quickest Way to Settle in the UK
Will the Home Office Exercise Discretion With my Visa or Settlement Application?
An Immigration Solicitors Guide to Passing the British Citizenship Test
Choosing a UK Immigration Solicitor