- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC

Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Thank yousecret.simon wrote: ↑Wed Sep 17, 2025 10:07 amI presume that the applicant already has ILR.
Has the applicant done a English test at the time of ILR? Or did they have an exemption at the time they applied for ILR?
Thank youcontorted_svy wrote: ↑Wed Sep 17, 2025 10:41 amThe only issue I see is that the applicant has to be of sound mind. Considering the applicant's conditions, is it fair to say that? Could you get a doctor's letter that certifies that? You should also obtain something to state that the applicant has dementia therefore they can't pronounce the oath but can still attend the ceremony.
You will need an exemption also for life in the UK if the applicant doesn't have it yet.
If you can obtain that, I don't think the HO can question who fills in the application.

I am not sure what the procedure is for ceremonies where the new citizens are not able to pronounce the oaths. It may be something to check with your council before you apply, in case they are aware of any useful information. The guidance I linked above may be useful to get the requirement of sound mind waived. It could be useful to declare this when you apply, to avoid surprises later, as even in a private ceremony the applicant would be required to pronounce the oath.The full capacity requirement
Full capacity is defined in section 50(11) of the British Nationality Act 1981 as being
“not of unsound mind”. It is not further defined in the act, but you can consider the
requirement as having been satisfied if the standard set out in this guidance is met.
To meet the requirement applicants must be able to understand the purpose of their
application. You must not expect a total understanding of either:
• nationality
• citizenship
• knowledge of procedures
• the statutory provisions
Applicants must be of sufficiently sound mind to know that they want to acquire, or in
some cases ‘renounce’ British nationality even if they require advice or assistance
from others in making this decision. Before granting an application you must have no
reason to doubt that they have a sufficient level of understanding.
The full capacity requirement is not intended to deny British nationality to, or prevent
‘renunciation’ of British nationality, by people whose disability makes it difficult for
them to communicate.
Waiving the requirement to be of full capacity
Under section 44A of the British Nationality Act 1981 as inserted by section 49 of the
Immigration, Asylum and Nationality Act 2006 the Secretary of State has discretion
to waive the requirement to be of full capacity, if they think it is in the best interests of
the applicant to do so.
Consideration of applications
Most applicants have no difficulty in meeting the full capacity requirement. You must
assume that the applicant meets the requirements unless there is information
provided to cast doubt.
Such information could include a report from a referee or doctor stating that the
applicant has a physical or mental condition that prevents them from meeting the full
capacity requirement. In such a case, referee enquiries may be appropriate to
establish the position.
Alternatively a letter to the applicant’s agent, guardian or to the applicant themselves
may help to establish enough information to make a decision. Where applicants have
lodged their own applications, the presumption is that they meet the full capacity
requirements unless there is substantial evidence to the contrary.
If it appears that the applicant may have a mental or physical illness and is receiving
treatment you must give applicants, their guardian or their agent the option of
submitting a report from their doctor or a medical professional. You must explain
both the full capacity requirement and our interpretation of it, and request as much
information as possible to help us reach a decision on the application.
In exceptional cases there may be conflicting professional opinions about an
applicant’s mental capacity. In such cases you normally give the applicant the benefit
of the doubt.
In cases where the applicant cannot be considered of full capacity you must consider
whether it would be in their best interests to waive the requirement. It will normally be
appropriate to take account of the:
• views of the applicant, to the extent that they are able to express them
• views of any person, professional or otherwise who has assumed responsibility
for the applicant’s welfare
• citizenship status of other family members, especially those with who the
applicant resides or is in regular contact
The decision on whether or not to waive the full capacity requirement must be taken
by a senior caseworker.
Oath and pledge
For all successful adult applicants for British nationality the oath and pledge will
normally be administered at a citizenship ceremony. If the person administering the
oath and pledge, in most cases the Superintendent Registrar or their deputy, is not
satisfied that the applicant understands the significance of what is happening they
should contact the Citizenship Ceremonies Support Team (CCST). CCST will advise
that if any concerns cannot be satisfied prior to the ceremony taking place, it should
be postponed until the matter is resolved.
Where the requirement to be of ‘full capacity’ has already been waived you will
normally also waive the requirements to make the oath and pledge at the citizenship
ceremony. However where there is a desire for the applicant to attend a citizenship
ceremony as part of a family group of applicants, it should be possible to
accommodate the request. Such requests will be dealt with by CCST following
discussion with the relevant local authority.



StruggleisReal wrote: ↑Mon Nov 03, 2025 2:16 pmThank you
Also, one of the relative have requested SAR from home office so that they could have the details of application but Home office have only provided details for the last 10years.
The applicant does not have all of the reference numbers and dates as such so should they leave blank anything they can’t recall? This is OK
Also, two members are applying at the same time with two different applications but same referees. Can they have the same wording in cover letter. The history is the same with just the exception of the English Test for which they will get medical exemption. Yes, OK
Also, for the medical exemption, they will get the waiver form filled by Gp and may add a letter from the specialist, is this sufficient or should they get multiple letters. I do not really want to provide more info than necessary. It is not a case we see frequently, I would say the form filled in by the GP, a letter from the GP and from the specialist should be enough.
