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.
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.
Q1: How much is the cost of naturalisation application?
. This also includes the payment form for the application.
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