UK Naturalisation — Requirements for a Succesful  Application

General Requirements

All applicants for naturalisation, including those applying to naturalise on the basis of marriage, must show 'sufficient knowledge about life in the UK' which includes meeting an English language test, and good character. Those making non-spouse applications must intend to live in the UK.

Non-spouse cases

Residence requirements for those applying for naturalization as a non-spouse are:

• that he was in the United Kingdom at the beginning of the period of five years ending with the date of the application and that the number of days on which he absent from the United Kingdom in that period does not exceed 450; and
• that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
• that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom;
• that he was not any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.

However, there is discretion to treat these conditions as satisfied despite insufficient periods of time being accumulated.

Spouse cases

For applications by persons "married to a British citizen" the required residence period is 270 days, with the references to 5 years replaced by 3 years. There is no requirement to be free from immigration control (i.e. to have indefinite leave to remain) for 12 months prior to the date of application, with the practical consequence that a spouse can apply from the grant of indefinite leave to remain without waiting for a further year.

There is no requirement to make the UK their permanent home, though they are expected to meet the good character requirement, and the language requirement or to comply with the language test.
 

Applications

Naturalisation applications are made on standard forms to the Border and Immigration Agency. If on receipt of an application the Home Office detect that a person does not need to register because they are already a British Citizen, they will inform the applicant of this and refund the application fee.
 

Citizenship Ceremonies

Anyone over the age of 18 who wish to acquire British Citizenship, whether by registration or naturalisation, will now do so at a public ceremony and are required to take the Oath of Allegiance (there is an affirmation to be used by people of different religions and of none) and now a new pledge.

If a person does not attend a citizenship ceremony within the time limit permitted, the Home Office should notify them that it will not be possible to become a British citizen because the Home Secretary is not able to register or naturalise a person who has not attended a ceremony and taken an oath/pledge. If the applicant still wishes to become a British citizen, and had an entitlement at the date of application, a certificate may be issued at any time on the basis of the original application on payment of the balance of fee and attending a citizenship ceremony and making an oath/pledge. In all other cases, the applicant will need to re apply under an appropriate provision of the legislation.

In exceptional circumstances an exemption may be made in respect of any or all of the following:

• the requirement to attend a citizenship ceremony
   
• the requirement to make an oath of allegiance and pledge
   
• the time limit for attending a ceremony
   

Appeal

Naturalisation is a discretionary power. There is no right of appeal against a refusal of naturalisation. However, reasons must be given and there is no limit on the scope of judicial review of such a refusal.