Introduction
Naturalisation is a discretionary award of citizenship and the Secretary of State may grant a Certificate of Naturalisation to a person of full age and capacity if he satisfies certain conditions. There are two main routes to naturalisation: through marriage to a British citizen, or by completing a qualifying residence period.
The law
An application for naturalisation will be considered by the Home Secretary provided you meet the following requirements:
- you are aged 18 or over and are not of unsound mind;
- you are of good character;
- you have a sufficient knowledge of the English language and culture;
- you intend, if you become naturalised, to live either in the UK or abroad in Crown service; and
- you meet either the three or five years residence requirements.
The Five Year Residence Requirement
You will need to show that you:
- were in the UK on the date five years prior to the date of the application;
- have not been absent for more than 450 days in that period;
- have not been absent for more than 90 days during the last 12 months of that period;
- have held indefinite leave to remain (ILR) in the UK for the last 12 months;
- have not been in breach of immigration laws in the last 5 years;
- that you have a firm understanding of the English language and life in the UK; and
- that you intend to make either your home or your principal home in the UK.
The Three Year Residence Requirement
You will need to show that you:
- are married to a British citizen and the marriage is subsisting;
- were in the UK on the date three years prior to the date of the application;
- have not been absent for more than 270 days in that period;
- have not been absent for more than 90 days during the last 12 months of that period;
- hold indefinite leave to remain (ILR) in the UK;
- that you have a firm understanding of the English language and life in the UK; and
- have not been in breach of immigration laws in the last 3 years.
The key requirements are the residency requirement and the maximum number of days absence permitted during the qualifying period.
Referees
The application must be supported by two referees, each of whom must have known you for at least 3 years and be:
- a British citizen;
- aged 25 or over;
- not related to you;
- not related to the other referee;
- not your solicitor or agent.
Referees are not deemed acceptable if they have been convicted of an imprisonable offence during the last 10 years.
Procedure
Generally speaking the Home Office requires that the applicant’s current passport be submitted in support of the application. However, as solicitors we can certify copies of your passports which can be submitted in place of the original.
The application is made by way of an application form, the relevant fee and either the original or a certified copy of your passport.
Once the application has been lodged, technically an individual can travel overseas without affecting the chances of success as a result of exceeding particular levels of absence from the UK. However, it is important to note that Home Office officials can look through an individual’s passport when submitted and excess absences from the UK could potentially lead to questions about whether the individual intends to make the UK his home or principal home.
Timescales
The Nationality Directorate is currently taking approximately 2 to 4 months to process applications, however this timescale can vary greatly depending upon staffing levels and the number of applications received. Current indications are that it is taking the Home Office 2 months to begin processing of applications.
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