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A Complete Guide to British Citizenship

Becoming a British citizen is a significant milestone in one's life. A British citizenship application is often made after a series of visa applications and after securing Indefinite Leave to Remain in the UK. It’s the final step in many migrants' journeys to making a home, free from immigration control, in the UK.

In this guide, our UK immigration lawyers outline the requirements for British citizenship and answer some frequently asked questions on naturalisation applications.

Introduction to British citizenship

British citizenship law is highly complicated, and accordingly, Home Office guidance on citizenship applications is equally confusing. The law and the Home Office focus on legal specifics rather than your family circumstances or what you can do for the UK.

Our citizenship lawyers can guide you on the types of British citizenship and explain if you meet the eligibility criteria for a naturalisation application, and advise on how and when to go about submitting your application.

In this guide, our UK immigration solicitors examine:

Types of British citizenship

There are five types of British citizenship:

  1. By birth
  2. By naturalisation
  3. By marriage
  4. Adoption and citizenship
  5. Registration of citizenship

British citizenship by birth

A child automatically qualifies as a British citizen if they were born in the UK on or after 1 January 1983, and at the time of their birth, one of their parents was a British citizen or had settled status in the UK.

Settled status refers to permanent residence, such as settled status under the EU Settlement Scheme or Indefinite Leave to Remain (ILR).

A child born in the UK to parents who are not British citizens or UK settled does not obtain British citizenship at birth. However, if the child’s parents later become British citizens or settle in the UK, the child may be eligible to register for British citizenship.

British citizenship by naturalisation

Most applicants apply for British citizenship by naturalisation. Applicants must meet strict eligibility criteria, including having held either permanent residence or ILR for at least 12 months before submitting their British naturalisation application. The 12-month rule does not apply if the applicant is married to a British citizen.

British citizenship by marriage

Marriage to a British citizen does not confer automatic British citizenship on a spouse. However, marriage or civil partnership with a British citizen allows the spouse or civil partner to apply for UK citizenship once they meet the eligibility criteria.

A spouse or civil partner must have lived in the UK for at least three years before their application and hold either permanent residence or ILR at the time of their application. Unlike most other routes to British citizenship, they do not need to have held ILR for 12 months before making an application. However, applicants must meet other standard criteria, such as the English language requirement and good character requirement.

Adoption and citizenship

Two kinds of adoption order confer automatic British citizenship on a child, while others do not. The two adoption orders are:

  1. Adoption orders by a court in the UK or any British overseas territory (except the British Sovereign Base Areas on Cyprus), where at least one of the adoptive parents was a British citizen at the time the adoption order was made
  2. If a child’s adoption order is certified as having been made in accordance with the Hague Convention on inter-country adoption and at least one of the adoptive parents was a British citizen at the time the adoption order was made and the adopting parent/s were habitually resident in the UK at the time of the adoption order

Children who gain British citizenship ‘other than by descent’ can pass on British citizenship to any children they have.

Specialist family law and British citizenship advice are required, as interim adoption orders or orders allowing a child to come to the UK for adoption do not confer British citizenship on the child. Other types of overseas adoption orders do not result in a child acquiring British citizenship, even where one or both adoptive parents are British citizens or have settled status. To acquire British citizenship, the child may need to register for British citizenship under section 3(1) of the British Nationality Act 1981. Registration is at the discretion of the Home Secretary.

Registration of citizenship

Some people born in the UK may need to register for citizenship. This applies if the person was born on or after 1 January 1983 and either:

  1. Is under 18 and since their birth, one of their parents became a British citizen or got permission to stay in the UK permanently, or
  2. Has lived in the UK until they were ten years old or older

Children born in the UK before 1 January 1983 are usually automatically classed as British citizens and do not need to register for citizenship.

Children born in the UK on or after 1 January 1983, with at least one parent with British citizenship or settled in the UK, should automatically obtain citizenship without registration.

Eligibility criteria for British citizenship

There are five requirements for British citizenship:

  1. Residence
  2. Good character
  3. English language
  4. Settlement status
  5. Passed the British citizenship test or Life in the UK test

Residency requirements

The residence requirement for a naturalisation application is usually five years, but each visa route that leads to settlement and citizenship has specific rules. For example, individuals entering the UK on skilled worker visas must have resided in the UK for at least five years and have held ILR or permanent residence for at least 12 months before submitting their citizenship application. Those entering the UK on a spouse visa must have lived in the UK for at least three years. Although those entering the UK on spouse visas must hold ILR or permanent residence before they apply for British naturalisation, they do not need to have held it for 12 months prior to their application.

Absence thresholds specify the maximum amount of time applicants for British citizenship can spend outside the UK while still meeting the residence requirement. There are two absence thresholds:

  1. Applicants must not have spent more than 450 days outside the UK in the last five years, or 270 days if the applicant is married to a British citizen, and
  2. Applicants must not have been outside the UK for more than 90 days in the last 12 months

Home Office guidance explains when a citizenship lawyer can request that discretion be exercised in relation to these thresholds.

The good character requirement for British citizenship

Any applicant for British citizenship who is over ten years of age must satisfy the Home Office that they are of good character as part of the naturalisation application process.

Factors that may lead to a refusal of a naturalisation application on the grounds of not meeting the good character requirement include convictions, immigration rule breaches, illegal entry into the UK, HMRC irregularities or bankruptcy.

The application process requires British citizenship applicants to provide information about cautions, fixed penalty notices, road traffic offences, criminal offences, sentences, civil judgments, civil penalty notices and bankruptcy proceedings. The Home Office verifies the information provided.

Some issues relating to good character will result in a mandatory refusal, while others are subject to the discretion of the Home Office official assessing the application.

With the good character requirement, it's essential to have a frank conversation with your British citizenship solicitor so they can assess the prospects of a successful application, advise on the best timing of the application, or ensure that the issue of concern is thoroughly addressed in the application and mitigated.

Refusal of a citizenship application on the grounds of a lack of good character cannot be appealed, so it's vital to present the best case and explain any extenuating circumstances.

The English language requirement for British citizenship

The language proficiency requirement requires naturalisation applicants to show that they can speak and listen to the English language to the required level.

Naturalisation applicants must pass a Home Office-approved Secure English Language Testing (SELT) at B1, B2, C1, or C2 level unless exempt from doing so. An applicant can be exempt for these reasons:

  1. Age – under 18 or over 65
  2. Disability - provided there is medical evidence to show that the applicant’s disability means they cannot sit the test even with reasonable adjustments
  3. Qualifications – if the applicant has a qualification on the Home Office qualifications list that exempts the applicant from taking the English language test
  4. Nationality - citizens of predominantly English-speaking countries are exempt from taking the English language test. The Home Office maintains the list of countries. The list includes Australia, Barbados and many other Caribbean islands, Canada, New Zealand and the US
  5. Prior test – if an applicant previously sat an English language test to the required standard as part of their visa application, they are not required to retake the test, provided they have evidence of passing the earlier test

Financial stability

Applicants for British citizenship are not required to meet a financial requirement, although they may have done so when applying for ILR. However, as part of the naturalisation application process, the Home Office will check for financial stability by checking to see if the applicant is or has been the subject of a bankruptcy, civil judgements or penalty notices and well as checking if there are monies owing to the NHS or any outstanding HMRC enquires or investigations.

The British citizenship test

Most citizenship applicants are required to pass a test to demonstrate their knowledge of life in the UK.

The test is referred to as the Life in the UK test or the British citizenship test. The test is a computer-based multiple-choice test on British life and values. The pass rate is 75%, but applicants can sit the test at an approved test centre as many times as necessary.

ILR applicants sit the Life in the UK test as part of the settlement application process. If a British citizenship applicant has passed the Life in the UK test, they do not need to retake the test when applying to naturalise, unless unusual circumstances apply. For example, an ILR applicant was under 18 at the date of their settlement application, so exempt from sitting the Life in the UK test, but over 18 at the date of their citizenship application.

Applying for British citizenship

Applying for British citizenship typically involves a five-stage process:

  1. Apply online using Form AN and pay the Home Office citizenship fee
  2. Submit supporting documentation
  3. Attend a biometric appointment at a UK Visa and Citizenship Application Services centre
  4. Receive notification from the Home Office that the application has been approved
  5. Book and attend a citizenship ceremony where British citizenship is granted

Occasionally, the Home Office may invite an applicant for an interview as part of the process.

Many citizenship applicants assume that the Home Office grants citizenship in much the same way as their Indefinite Leave to Remain or settled status. However, British citizenship is not granted until the applicant attends the citizenship ceremony, swears an oath of allegiance and receives their certificate. The British citizenship holder can then apply for a British passport.

Although the application process involves five stages, citizenship lawyers emphasise that the key to a successful application is first taking specialist British citizenship advice to check the eligibility criteria are met, the timing of the application is appropriate, and the application and supporting documents address all the relevant eligibility criteria and any areas of potential concern, such as a prior conviction.

Supporting documents

The Home Office will not process an application for British citizenship without the correct paperwork. If the relevant documents are not supplied, this may result in the application being refused or delayed. If an application is refused, the Home Office will not refund the naturalisation application fee.

All applicants need to supply documents to:

  1. Prove their identity and nationality
  2. Evidence their ILR or permanent residence status
  3. Show they meet the residence requirement
  4. Prove they meet the English language requirement by showing they have either passed the English language test or are exempt
  5. Evidence that they have passed the Life in the UK or British citizenship test, or are exempt
  6. Provide referees to verify identity. The referees must satisfy the Home Office criteria and know the applicant personally
  7. Evidence that they meet the good character requirement, such as a criminal record certificate or evidence of financial probity
  8. Show they meet any route-specific requirements, such as their marriage certificate if the application is based on marriage to a British citizen
  9. Justification evidence for a request that a Home Office official exercise discretion in favour of the applicant. For example, evidence of ill health is required if an applicant has exceeded the absence threshold because they were unable to return to the UK for health reasons

It's vital to choose referees with care to avoid an application being refused because the supplied referees do not meet the Home Office criteria. The referee rules state that:

  1. The referees must have known the applicant personally for at least three years
  2. An immigration solicitor cannot act as a referee
  3. One referee should be a person of professional standing, such as a doctor
  4. One referee must be a British citizen aged 25 or over
  5. Referees cannot be related to the applicant or have criminal convictions

Acting as a referee for a citizenship application is not something to take lightly. The referee must sign a declaration confirming the applicant’s identity and stating that they believe the applicant is of good character and an appropriate person to be granted citizenship.

A naturalisation lawyer must take a case-specific approach to supporting documents for a British citizenship application, as the documents need to address any specific issues, such as areas of vulnerability in meeting the good character or residence requirements.

Rights and responsibilities of British citizens

British citizenship gives both rights and responsibilities to a successful citizenship applicant. The rights include:

  1. The right to live and work in the UK free from restriction
  2. The right to apply for a British passport
  3. The ability to move overseas without the requirement to apply for a return visa when returning to live in the UK
  4. The right to apply for non-British family members to join the applicant in the UK
  5. The right to vote in local and national elections and stand for public office
  6. The right to treatment from the NHS without having to pay an immigration health surcharge
  7. Entitlement to the same state benefits and education provision as a British-born British citizen

Although a British citizen through naturalisation can move overseas to live, they must intend to live in the UK when applying for citizenship.

Some successful British citizenship applicants can choose to retain their citizenship of birth by applying for dual nationality. A person with dual nationality has reduced rights for consular assistance overseas, so it's essential to consider the advantages and disadvantages of dual citizenship or relinquishing citizenship of birth to acquire British nationality.

Children and British citizenship

Children and British citizenship is a complex area, as a child may or may not be a British citizen if born in the UK or brought to the UK following an international adoption order or overseas surrogacy arrangement.

A child under the age of 18 can apply to register as a British citizen if they meet the criteria. The criteria depend on the child’s date of birth, the parent’s immigration status and citizenship and if the child lived in the UK until aged ten or older.

Many parents are unsure if their child has automatic citizenship or not. It's best to seek UK citizenship advice at an early stage to ensure that registration is completed so a British passport can be obtained.

International adoption, surrogacy and British citizenship

A child adopted overseas or born overseas through a surrogacy agreement may not have British citizenship at birth. This has significant implications for parents wanting to return to the UK with their children. A child who is not a British citizen will require UK entry clearance. They will not obtain it without Home Office approval.

Whether an adopted child or a child born through a surrogacy arrangement has British citizenship depends on the country where the adoption or surrogacy took place and the type of order made. Due to the complexities of international adoption and surrogacy law, it's best to seek specialist international children's law legal advice, as well as expert immigration and citizenship advice.

Citizenship refusals and appeals

An applicant cannot appeal a refusal of their citizenship application. However, they can request a reconsideration or reapply. Requesting a reconsideration or submitting a new application is not straightforward, as the applicant must address the reasons for the initial refusal.

Citizenship applications are commonly refused because applicants have not fully demonstrated how they met the residence requirement, failed to meet the good character requirement, or have not provided the required documents.

Naturalisation applications must be thoroughly reviewed before submission to the Home Office. Solicitors for British citizenship can ensure that the application addresses all the eligibility criteria. In many situations, with thorough preparation and reference to the Home Office guidance on exercising discretion in citizenship applications, a potential problem can be addressed and naturalisation granted without the need for reconsideration or a second application.

Transition from Indefinite Leave to Remain to citizenship

People with Indefinite Leave to Remain do not have to transition to British citizenship unless they wish to benefit from the advantages of citizenship. If they do, then, unless married to a British citizen, they must wait 12 months after the grant of ILR to apply for citizenship.

FAQs on British citizenship

Can I pay for British citizenship in instalments?

Applicants cannot pay for British citizenship in instalments, as Home Office fees must be paid when the application is submitted.

When can I apply for British citizenship?

Generally, unless you qualify for accelerated settlement, you must have lived in the UK for at least six years, or five years if you are married to a British citizen. Most applicants need to meet a five-year residence requirement before applying for ILR and then must wait a further year before applying to naturalise.

The timescale to apply for British citizenship may be extended due to absences from the UK during the five-year residence requirement period. A UK immigration lawyer may advise deferring the application until there is no uncertainty over whether the residence requirement is met.

Can I get British citizenship through my child?

A parent cannot obtain British citizenship through their child. However, there may be alternative routes to settlement and citizenship.

How long does it take to get British citizenship?

It typically takes at least six years to obtain British citizenship after entering the UK on a visa. The timescale is reduced if you are married to a British citizen or are entitled to apply for accelerated settlement.

Can I lose my British citizenship if I live abroad?

If you acquire British citizenship by naturalisation, you do not lose it if you live overseas. However, one of the eligibility criteria for British citizenship is an intention to live in the UK.

How long does a British citizenship application take?

An application for British citizenship takes several months for the Home Office to process.

How much will British citizenship cost me?

The Home Office British citizenship application fee for adult applicants is currently £1,735. This includes the citizenship ceremony fee. There is a further fee of £19.20 for biometrics. Additional fees are payable if you need to sit the English language test and the British citizenship test.

How long do I need to live in the UK to apply for citizenship?

The residence requirement is five years, but most people will have lived in the UK for six years before being eligible to apply for citizenship. This is because many routes to Indefinite Leave to Remain require a five-year residence, and most citizenship applicants must have held ILR status for at least 12 months before applying for citizenship.

How do I prove my continuous residence in the UK?

A British citizenship solicitor can advise on the best documents to demonstrate your continuous residence in the UK. For example, if you were working in the UK on a skilled worker visa, a letter from an employer may be helpful.

About OTS Solicitors

OTS Solicitors are specialist immigration lawyers who help with British citizenship applications. We also have a team of expert family lawyers, as we recognise that many people who need immigration or citizenship advice also require assistance with associated family law issues, such as international adoption or surrogacy. Parents know that if they need legal advice on citizenship, due to family expansion through adoption or surrogacy, they can obtain comprehensive guidance to help them navigate the complexities of citizenship law and international family law.

What sets OTS Solicitors apart is our experience, dedication, and commitment to our immigration and family law clients. Our founders were migrants to the UK and empathise with and understand the needs of those wanting to make a home for themselves in the UK. Their commitment to excellent client service is reflected in the great client reviews received from visa and settlement applicants and their families.

Our immigration specialism is recognised by the firm's accreditation with the Law Society in immigration and asylum, as well as in immigration law advanced.

The firm is also named in the two leading law directories, Chambers & Partners and Legal 500. Over the years, OTS Solicitors has been featured in the media on various topics, including the Windrush scandal, and has won several awards. The latest award is SME News Best Immigration & Family Law Firm 2025 – Southern England.

Contact our UK immigration lawyers for expert British citizenship advice.

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