Meta: The British Nationality Act (BNA) 1981 enshrines several British citizenship requirements that one needs to prove in order to be eligible for naturalisation as a British citizen.
Naturalisation is the immigration process by which a non-British adult legally becomes a British citizen. An application for British Citizenship has to be made to the Home Office if you meet the eligibility requirements. The benefits of British citizenship include the right to participate in political affairs, holding a passport, and accessing public funds.
Residence Requirements
Lawful residence requirements will be satisfied provided you have stayed lawfully in the UK for 5 years (or 3 years in the case of application as a civil partner or spouse of a British citizen) before making your British citizenship application and holding indefinite leave. If you are married to a British citizen or in a civil partnership with one, you can apply immediately after indefinite leave is granted, otherwise, you will have to wait for 12 months prior to applying.
Also, you should not have breached any immigration law in the UK and must have been physically present in the country exactly 5 years (or 3 years) before the day your application is received.
Absence Rules when Applying for British Citizenship
Regarding the intended period spent overseas, you generally should not have spent more than 450 days outside of the United Kingdom in the 5 years before applying (or more than 270 in the 3 years before applying), or more than 90 days in the absence of the UK in the last 12 months.
Applicants whose absence from the UK exceeded 90 days in any period of 12 months within the qualifying period might be considered to have excessive absences. However, there are numerous exceptions listed for this rule, including:
Absences for study or work: Such absences are generally not counted towards excessive absence.
Absences for medical reasons: These may be considered if the applicant can provide evidence that supports his or her medical claim.
Absences for compassionate reasons: Absences spent caring for a relative may not be counted as excessive by the Department, should the applicant be able to provide evidence to substantiate his or her claim.
Good character Requirement for British Citizenship
The good character requirement is a consideration to establish whether or not an applicant is suitable to be a British citizen. It is mentioned in section 3(2)(c) of the British Nationality Act 1981 and states that a person cannot be naturalised if he or she “has been convicted of an offence and sentenced to corrective training, detention, or imprisonment for a period of one year or more, or to any such punishment imposed by a court outside the United Kingdom.” The requirement is applied to all persons who apply for British citizenship and who are held to be aged 10 or above on the date the application for naturalisation is made. One of the main points considered by the Home Office in the determination of the character of the applicant is the person’s criminal record. Applicants must disclose any early criminal convictions, warnings, cautions, or pending charges in both this country and abroad, to assist in determining whether the applicant is a threat to the safety and security of the UK and its citizens. Minor offences may not disqualify a citizenship applicant but serious crimes, for instance, violent acts, terrorism, and sexual offences can seriously stand in the way of proving good character.
KoLL requirements for British Citizenship
The knowledge of English language and life in the UK (KoLL) requirements may be split into two parts: having language ability in English (or Welsh or Scottish Gaelic) at an acceptable level, plus actually passing the ‘Life in the UK’ test. The granting of citizenship is an acceptance of the responsibility that comes with being British, which includes respecting the laws, traditions, and values of the UK. As such, one must understand what it means to be British and be able to express it in the language used by most of the community.
You need to prove your knowledge of life in the UK and the English language, unless you are 65 years or over or have a long-term physical and/or mental health condition that prevents you from doing so, in which case an exemption form will be required, signed by a medical professional confirming your condition.
English Language Requirement
You do not have to demonstrate your knowledge of English (or Scottish or Welsh) if you are a national of the majority English-speaking country, there is no other exemptions for citizenship where it is required to show a relevant English language qualification, even though you may have been exempt when granted indefinite leave.
If you are not exempt from the language requirement, then an approved test provider will administer a secure English language test (SELT), or provide evidence of your English knowledge by having an English degree taught or researched in the English language. If you already possess a certificate for at least B1 on the Common European Framework of Reference for Languages, which was part of your indefinite leave application, you may submit this for your citizenship application, provided that it is still within the period of validity.
Life in the UK test
Here, you must satisfy the knowledge of life in the UK criteria by passing the approved provider’s ‘Life in the UK’ test with the pass reference number on your test certificate. It is a multiple-choice test regarding British customs and traditions, with 24 questions to be answered in 45 minutes, although actual preparation for this test may take several weeks.
British Citizenship Referees
When filing for British citizenship, you must supply two referees to assert your identity, regardless of the basis of your application. The referees must complete the relevant section of the British Citizenship application form to confirm that the photograph is a true likeness of you.
The referee must be a person who has personally known you for at least three years. On the other hand, at least one referee must be a person of professional standing. The second referee must be a British passport holder who is either a person of professional standing or over 25 years.
Conclusion
Hiring an immigration solicitor is recommended as they will guide you through the eligibility requirements. This will ensure your application is correct in all respects and save you from visa refusals.
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