Reference Requirement for a British Citizenship Application

A British citizenship applicant needs references to make a successful application. In this blog, our Immigration Solicitors look in detail at the reference requirement.

Contact OTS Solicitors Today for Expert British Citizenship and Immigration Legal Advice.

The British citizenship eligibility criteria

To be eligible to apply for British citizenship under Section 6(1) of the British Nationality Act, you need to meet these criteria:

1. Have lived in the UK for at least five years before making your citizenship application, and meet the residence requirement.
2. Have lived in the UK free of immigration control for at least 12 months before the application, such as holding Indefinite Leave to Remain.
3.  Be at least 18 years old on the date of your application.
4. Be of sound mind, meaning you understand the purpose of your application.
5. Be of good character as defined by the immigration rules and Home Office guidance.
6. Speak the English language to the required standard for citizenship*.
7. Pass the British citizenship test*.
8. Intend to continue living in the UK after your application is granted.
9. Provide two references in accordance with the rules.

*Some applicants may be exempt from meeting the English language requirement or from passing the British citizenship test. For example, if an applicant is over 65 or from a majority English-speaking nation, they do not need to sit an English language test. Applicants who have passed the Life in the UK test to secure Indefinite Leave to Remain do not need to pass the British citizenship test.

Section 6(1) applications are made when an applicant is not applying for British citizenship as the spouse or civil partner of a British citizen.

If you are applying for British citizenship as the spouse or civil partner of a British citizen under Section 6(2) of the 1981 Act you must meet all of the eligibility criteria for a Section 6(1) application but you do not have to have held Indefinite Leave to Remain for 12 months before making your application, the residence requirement is slightly different, and you do not have to intend to live in the UK after making your application.

The requirement to provide references is the same whether you are applying for citizenship under either section of the 1981 Act.

If you are unsure of which route you can use and whether you meet the eligibility criteria, our British Citizenship Lawyers can help advise you on the requirements and make the application on your behalf.

The role of referees in a British citizenship application

A referee's role in the British citizenship application process is to:

1. Confirm the applicant’s identity, and
2. Assist in the good character assessment process.

If an applicant chooses a referee who does not meet the stringent guidelines, their application may be delayed or rejected. The Home Office could either:

1. Require a substitute referee, or
2. Reject the application as invalid.

Choosing an appropriate referee and ensuring the reference forms are completed correctly are, therefore, essential parts of the British citizenship application process.

A citizenship applicant should not assume that because a person is a British citizen or a professional, the referee will meet the detailed referee eligibility criteria. It’s best to check to avoid delays or the Home Office treating the application as invalid.

The British citizenship reference requirements

The two citizenship referees must meet these criteria:

1. The first referee must be a British citizen and a British passport holder, and either a professional person or over the age of 25, and
2. The second referee can be of any nationality but must be a professional person.

Both referees must meet these additional criteria:

1. The referees must have known the applicant for at least three years.
2. The referees must be at least 18 years of age.
3. The referees cannot be related to the applicant, and the referees should not be related to one another.
4. The Home Office cannot employ the referees.
5. The referees cannot be the applicant’s solicitor or agent.

The referees should not have any unspent convictions for imprisonable offences within the previous ten years, as the Home Office will likely deem the referee unsuitable.

Different referee rules apply if the applicant is a child applying for naturalisation or an applicant seeking registration of citizenship.

As the reference requirements can be complicated and confusing, it's best to check your choice of referees with your UK Immigration Solicitors. For example, you may have chosen someone of professional standing who has known you for exactly three years, while a referee from a different profession who has known you for longer may be a better choice.

The requirement for a professional referee for British citizenship

The General information: all British nationals say that an acceptable professional person for the purpose of acting as a referee is:

• An accountant.
• Airline pilot.
• Articled clerk of a limited company.
• Assurance agent of a recognised company.
• Bank or building society official.
• Barrister.
• British Computer Society (BCS) - professional grades.
• Broker.
• The chairman or director of a limited company.
• Chemist.
• Chiropodist.
• Christian Science practitioner.
• Commissioner for oaths.
• Local or county councillor.
• A civil servant in a permanent position.
• Dentist.
• Designated premises supervisors.
• Director or the manager of a VAT-registered charity.
• Director, manager or personnel officer of a VAT-registered company.
• Driving instructor (approved).
• An engineer with professional qualifications.
• A fire service official.
• Funeral director.
• A full-time insurance agent of a recognised company.
• Journalist.
• Justice of the Peace.
• A legal secretary who is a member or fellow of the Institute of Legal Secretaries.
• Local government officer.
• The manager or personnel officer of a limited company.
• A member of Parliament.
• A member of the Armed Forces or Merchant Navy officer.
• A minister of a recognised religion.
• A nurse who is an RN, SEN or holder of a BA in nursing.
• An active or retired officer of the armed services.
• An optician.
• A paralegal (certified or qualified paralegals, and associate members of the Institute of Paralegals).
• A person who holds an honour (such as an OBE or MBE).
• A personal licensee holder.
• A professional photographer.
• Police officer.
• Post Office official.
• The president or secretary of a recognised organisation.
• Salvation Army officer.
• Social worker.
• Solicitor.
• Surveyor.
• Teacher or lecturer.
• Trade union officer.
• A qualified travel agent.
• A valuer or auctioneer who is a fellow and an associate member of the incorporated society.
• A warrant officer or chief petty officer.

Where an applicant has a choice of referees, it is sometimes preferable to choose the professional who has known the applicant the longest and who has the best connection to them, rather than the professional who is thought to be of higher professional standing than others on the list of acceptable professional referees.

Information required from a British citizenship reference provider

The two referees will need to:

1. Declare that a passport photo of the British citizenship applicant is the applicant.
2. Provide information about themselves.
3. Sign a form providing the reference and confirming they meet the reference eligibility criteria.

Information needed from the referee includes:

1. Their full name, date of birth and any addresses for the last three years.
2. Telephone number and email address.
3. British passport number, if relevant.
4. Profession.
5. Details about how they know the citizenship applicant and for how long.

A Home Office official will check the references and may contact the referees if they have concerns about the application.

A referee who knowingly or recklessly provides a false reference or declaration is potentially liable for prosecution. The maximum penalties are three months’ imprisonment, a fine not exceeding £5,000, or both.

Consequences of choosing the wrong referees 

In most cases, if an applicant chooses a referee who does not meet all the eligibility criteria, the Home Office will ask for a substitute referee. This creates a delay and may prompt the Home Office to be more assiduous in checking other aspects of the nationality application.

In rare cases, the Home Office may declare the citizenship application invalid, so the applicant must start the process afresh. This could be devastating if an applicant needs a British passport before travelling, or if there is concern that the British citizenship application process will change by the date of a fresh application.

Talk to British Citizenship Solicitors

Our British Citizenship Lawyers can guide you through every step of your British citizenship application, starting with the eligibility criteria, the reference requirements and the application process.

As specialists in nationality law, our UK Immigration Solicitors are often consulted where an applicant is worried about an aspect of their application or has had a previous application refused.  Our experts will help you through the application, providing specialist immigration legal advice to make the application process as quick and stress-free as possible.

For advice on a citizenship application, contact British Citizenship Solicitors to arrange an appointment.

Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, and Urdu/Punjabi.

Appointments are available for phone, online, and in-person consultations at our London offices.

 

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