Citizenship FAQs - Common Questions - Read before posting

[Jambo]

I’ve collected the most common questions and answers into one thread which I hope people would find useful. I’ve split it into several posts so it would be easy to link to the relevant section if needed. I will try to keep updating the thread with more FAQ in future.

Naturalisation

Eligibility

Q1: I was just granted ILR, when can I apply?

If not married to BC, the standard requirements need to be met. This includes holding ILR/PR for at least 12 months before applying.

If married to a BC, you can apply the same day you are granted ILR if you meet the spouse requirements which includes 3 years residence. Any legal stay in the UK counts.

An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.

You must also be in UK when Home Office receives your application (date of receipt of citizenship application is the day HO receives it, and you must be in UK on that day).


Q2: My spouse was granted ILR as a dependant. When can he/she apply?

Once a dependant is granted ILR, he/she is not a dependant any more. For naturalisation, each applicant needs to meet the requirements (including the 5 years residence period).

If one applicant meets the 5 years residence requirement but the spouse doesn’t, then once the applicant is granted BC (after the citizenship ceremony), the spouse becomes a spouse of BC and can apply for naturalisation under the 3 years residence requirements.


Q3: I’ve been absent more than the required days, can I apply?

This would be an application at discretion and would depend on the number of absent days and some other criteria. See section 4 & 5 in the HO guidelines Annex B: The residence requirement.


Q4: Do I need to take the Life in the UK test again?

If you passed the test when applying for settlement, there is no need to take the test again. Just indicate that by ticking the relevant box in the application form.


Q5: I'm a EEA national/family member of EEA national. When can I apply for naturalisation?

If you are a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status after exercising EEA free movement rights in the UK for any continuous period of 5 years ending on or after 30 April 2006. You should apply for a permanent residence card to prove that you hold that status before applying for citizenship.

But remember that, unless you are married to or the civil partner of a British citizen, you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply. When you apply for a permanent residence document the evidence that you supply for your EEA(PR) application must be for a 5 year period that ended at least a year before you want to apply for citizenship.
(**** Update: From 12/11 PR Document Required for Citizenship Application ****)


Q6: I'm an EEA national from A8 country. I never registered with WRS and the scheme has been abolished in 2011. Can I still apply for naturalisation?

Under EEA regulations, EEA nationals from the new joiners in 2004 (the A8 countries) were required to register with the HO within 30 days of starting employment (there were exemptions in certain cases). This scheme was abolished in April 2011. It was the responsibility of the employee to register.

If you never registered, then your employment years can't be counted as lawful under the EEA regulations and will not lead to PR and British citizenship. This means that your 5 years for PR (and 6 years for BC) started in May 2011 (when the scheme was closed). You should be able to apply for naturalisation in 2017.


Q7: I am not married to a British citizen. Can I apply for naturalisation 28 days before the 1st anniversary of ILR/PR?

No, there is no such provision for naturalisation application.


Fees

Q1: How much is the cost of naturalisation application?

See fees. This also includes the payment form for the application.


Application form

The application form is Form AN and the AN guide.

Q1: Which ways could I apply?

You can apply by post or use Nationality Checking Service (NCS). NCS will go over your application, photo copy your documents so you can keep the original and forward the application on your behalf to the HO. There is a charge for the service (£30-50) and you can use any NCS. You don’t need to use the one where you live.


Q2: Can I travel after applying for naturalisation?

If applied using NCS, you will be able to keep your original documents so you will be able to travel following the application. Do remember:
1. BRP enrollment is now required for citizenship applications as well, so bear that in mind when making travel plans.

Don't forget to come back for the ceremony.


Q3: My friend is a software engineer. Can he act as a referee?

The list of approved professional persons can be found here. Professional in the context of acting as referee refers to people listed in a professional organisation, not their education/degree. For software engineers this might be the BCS so if he is a CEng (Charted Engineer), he can act as a referee.

For guidance on the "Good Character" requirement please see - british-citizenship/british-citizenship ... 05532.html

[Jambo]

Children

Eligibility

Q1: Can my son apply for naturalisation?

The term used for children applications as BC is Registration and not Naturalisation. The requirements for children are a lot simpler than for adults.

UK born

In the child was born in the UK before one parent had ILR/PR, then once one parent is granted ILR, the child is entitled register as BC under section 1(3) of the British Nationality Act irrespective of their immigration status.

This application is an entitlement and as such the HO has no discretion in the decision if the statutory requirements are met. The application can be made any time before the child is 18. The only documents required are UK birth certificate and evidence that parent obtained ILR/PR. The application can be made if the child is in the UK or abroad.

If the child was born in the UK after one parent has ILR/PR, then the child is British from birth and can apply directly for a passport.

born abroad

If the child was born outside the UK, then once one parent applies for naturalisation, the child can apply for Registration under section 3(1). The is application at discretion and the HO would expect the other parent to hold (or to be close to holding) a ILR/PR status.
For the guidelines on Registration at discretion see section 9.17.


Q2: My child has been away from the UK. Can he apply for Registration?

There are no residential requirements for application under section 1(3) (child born in the UK before parent was granted ILR/PR).

If application under section 3(1) (children born abroad) - There are no residential requirements for children under 13 years old. Children 13-16 years old are expected to have lived in the UK for 2 years before applying. Children who moved to the UK aged 16 or more are likely to get refused and should apply as adults once they meet the Naturalisation requirements.


Q3: I’m due to apply for ILR. Can I skip applying for ILR for my child?

If the child is UK born, then he can apply for registration as BC once one parent is granted ILR, irrespective of immigration status so ILR application can be skipped. However, the process of applying + passport application can take 3-6 months so if there are plans for the child to travel during that period, he will require a suitable visa to re-enter the UK. In that case, you should not skip the ILR.

For children born outside the UK, ILR is normally required.


Fees

Q1: How much is the cost of registration application?

See fees. This also includes the payment form. The fees are separate from the adults application fees although you can use one payment form if applying together (just put all the names on the form).


Application form

The application form and guide are available - here.


Q1: I can’t find a professional referee to support my child application. What should I do?

Try the GP or health visitor.

If applying under section 1(3) (child born in the UK), and you can't find a referee who knows the child in a professional capacity, just get any professional to sign. The HO are less strict on the referees especially if the child is young.

Q2: Which documents are needed for registration as BC?

If applying under section 1(3) (child born in the UK to parents who now at least one parent holds ILR), the following documents are required:

- Original full UK birth certificate for the child (with the ILR parent named on it).
- Original child passport (if has one).
- Parent's passport showing ILR / BRP. (photocopies of all pages are accepted)
- Marriage certificate (if child born before 2006).

[Jambo]

Passport


The application form, fee and supporting documents for a child passport.

The application form, fee and supporting documents for a first adult passport.

Passport Guidance Notes.

Q1: Do I need to fill in the details about the grand parents? I don’t know their details

The section about the grandparents in not required if you obtained BC by naturalisation (see page 12 of the guidance notes). It is required if you have obtained it though your parents/grandparents. Some PO C&S might insist you fill in that section. In that case, if you don’t know, write “unknown”. Just remember what you put in as you might be asked at the identity interview about those details.


Q2: Do I need to send my passport with my child passport application?

If your child has obtained BC by registration, your passport is not required. Just send his foreign passport (if has one), birth certificate and the registration certificate.
If the child has obtained BC from birth because you hold ILR/PR, you will need to send your passport as proof of his claim for BC.


Q3: What should I write in the form for place of issue of my naturalisation certificate?

Home Office London.


Q4: Do I need to send my foreign passport with the British passport application?

Yes. You need to send any current passport you have.

[vinny]

Lord Goldsmith QC Citizenship Review

This Government report may help get you up to speed on what British citizenship means:
Citizenship: Our Common Bond

Goldsmith unveils proposals to strengthen citizenship
Lord Goldsmith recommends new emphasis on the Common Bond of Citizenship > Lord Goldsmith QC Citizenship Review

[secret.simon]

Nationality Instructions (pre-2017 web archive) - for historical claims to British nationality
Nationality Guidance - caseworker guidance on processing British nationality applications