In this post, we explore the residence requirements to apply for British Citizenship by naturalisation. The criteria for naturalisation is a matter of law as set out in the British Nationality Act 1981, it is not an automatic entitlement. In addition to the residence requirement, applicants must prove that they meet other criteria for naturalisation, otherwise risk their application being refused.
Residence Requirements for UK Naturalisation Application
The residence requirement is in place so that the Home Office can determine whether the applicant has close ties with the UK and is suitable for citizenship. If it considers that the applicant does not intend to stay in the UK or if any of the other requirements have not been met, the application will fall for refusal. It is, therefore, essential that the application is prepared thoroughly and carefully.
You should ensure that you have been in the UK lawfully during the required residential qualifying period before applying for Naturalisation. The residence requirement differs depending on how you meet the criteria.
Schedule 1 of the British Nationality Act 1981 sets out the residence requirements. You can apply based on your 5-year or 3-year residence in the UK. In any case, you must hold Indefinite Leave to Remain or permanent residence in the UK.
5-Year Residence Requirement
If applying on the basis of 5-year residence (Section 6(1) BNA 1981), you must demonstrate that:
- You were physically present in the UK precisely on the day five years before the date of the naturalisation application;
- You have not been absent from the UK for a total of 450 days during those five years;
- You have not have been absent from the UK for a total of 90 days in the 12 months immediately before the date of application;
- You have not breached any immigration law during the five years before the date of application.
3-Year Residence requirement
If you are married or in a civil partnership with a British citizen, the residence requirement becomes 3-years (Section 6(2) BNA 1981). You must demonstrate that:
- You were physically present in the UK exactly on the day three years before the date of the naturalisation application;
- You have not have been absent from the UK for a total of 270 days leading up to the date of application;
- You have not have been absent from the UK for a total of 90 days in the 12 months immediately before the date of application;
- You have not breached immigration law during the three years before the date of application.
Not meeting the residence requirement is a common mistake to avoid and a potential reason for a refusal. As per Section 50(10)(b) of the British Nationality Act 1981, only whole days of absences will be counted, meaning that the dates of departure from the UK and arrival in the UK are not to be counted as absences.
If you are unsure about your travel history, it is recommended to request the Home Office to disclose your personal travel data that they have on their immigration records. This can be done by submitting a free Subject Access Request (SAR) application.
Free from immigration time restrictions
Whether you are applying under the 5 or 3-year naturalisation residence route, all applicants must prove that they are free from immigration time restrictions on their stay in the UK at the date of application. Furthermore, unless married to, or a civil partner of, a British citizen, the applicant must be free from immigration time restrictions for a full period of 12 months before the date of application.
You can demonstrate that you are free from immigration time restrictions by supplying evidence of a grant of Indefinite Leave to Remain in the UK or EU Settled Status under the EU Settlement Scheme.
Discretion to disregard excess absences
Where an applicant has absences exceeding the permitted threshold, the Secretary of State retains the discretion to approve an application. For example, excess absences where the total number of absences does not exceed 480 days (or 300 days if married to, or a civil partner of, a British citizen) may be disregarded.
Documents For Naturalisation Residence Requirement
The naturalisation residence requirement will essentially be evaluated concerning the passport or travel documents the applicant has held throughout the relevant period. These documents are usually endorsed with date stamps showing arrival and departure from the UK. Further, the Home Office also maintains immigration records.
Before Brexit, passports of EEA nationals were not stamped or endorsed upon entry or exit from the UK. In this case, the application must be supported with additional documentation. Where absences cannot be evidenced by alternative means, the Home Office accepts that the applicant should be given the benefit of the doubt, provided there are no contradictory grounds.
It is recommended to use evidence that covers more extended periods. Some examples of these types of documents are as follows:
Evidence of UK home
- Mortgage statements or annual summaries
- your tenancy agreement and evidence that you’ve made payments – for example, a bank statement or receipt
- Council tax bills
- Utility bills, such as water, gas or electricity bills
- other bills for your home and evidence that you’ve paid them – for example, for repairs or insurance.
Evidence of working in the UK
- Annual bank statements or account summaries. In case you are self-employed or running a business, then annual business accounts
- HMRC annual tax documents – for example, P60, P45 certificates or annual self-assessments
- Letters from your employer(s) covering the qualifying period that state your employment start and end dates
- Pension statements showing your employer’s pension contributions.
Official letters
- Letters from government departments such as the DVLA, DWP, HMRC, NHS
- letters or appointment cards from your GP, a hospital, or other healthcare professionals.
Other evidence
- monthly bank statements showing payments received or spending in the UK
- mobile phone bills in your name with your address in the UK.
How can we help
Contact our friendly and professional team for advice or assistance with your application for naturalisation as a British citizen. Please call us on 02087575751 should you wish to discuss or fill in our contact form.
Frequently asked questions
To apply for British citizenship, you must hold Indefinite Leave to remain or right of abode.
The Home Office does exercise discretion where there are exceptional circumstances. Otherwise, it may be advisable to wait until you fall within the residence requirements threshold before applying for naturalisation.
Yes, you can travel outside the UK once your application has been submitted, while it is under process.
The Home Office’s published processing time is up to 6 months, however, the majority of the applications that we prepare are granted within 3 months.
Applicants who want to apply for naturalisation as a British citizen must demonstrate that:
– they are over 18 years old;
– they are of good character and sound mind;
– they have sufficient knowledge of English language and have passed a Life in the UK test;
– they have not broken any immigration laws whilst in the UK;
– they intend to make the UK their principal home;
– they have spent less than 450 days outside the UK in the last 5 years (or 270 days in the last 3 years if married to a British citizen);
– they have spent less than 90 days outside of the UK in the last 12 months; and
– they are settled in the UK and free from immigration control for at least 12 months unless married to a British citizen.
Once acquired, British citizenship status cannot be revoked other than in exceptional circumstances.
