British citizenship is the final step in the UK immigration journey for many migrants who have made the United Kingdom their permanent home. If you currently hold Indefinite Leave to Remain (ILR), Indefinite Leave to Enter (ILE), or EU Settled Status, you may be eligible to apply for naturalisation as a British citizen. This post outlines the key legal requirements, application process, and how the experienced team at Whytecroft Ford can assist you.
Who Can Apply for British Citizenship After ILR or Settled Status?
You can apply for British citizenship by naturalisation if:
- You have lived in the UK lawfully for at least 5 years, and
- You have held Indefinite Leave to Remain or Settled Status for at least 12 months
If you are married to or in a civil partnership with a British citizen, you may apply immediately after obtaining ILR or Settled Status, without the 12-month wait.
British Citizenship by Naturalisation Requirements
To qualify for British Citizenship by naturalisation, you must also:
- Be 18 years or older
- Have been physically present in the UK for exactly 5 years before your application is received by the Home Office UKVI
- Have not spent more than 450 days outside the UK in the last 5 years
- Have not spent more than 90 days outside the UK in the 12 months before applying
- Have not breached UK immigration laws
- Pass the Life in the UK Test
- Demonstrate English language proficiency (or Welsh or Scottish Gaelic)
- Be of good character, with no serious or recent criminal history
- Intend to make the UK your permanent home for the foreseeable future
What Is the 5-Year Physical Presence Requirement?
You must have been physically in the UK on the same date exactly 5 years before the Home Office receives your application. Failure to meet this requirement may lead to refusal, unless exceptional circumstances apply (e.g. travel restrictions or medical emergencies).
What Counts as Excessive Absences from the UK?
Excessive absences from the UK may affect your application. The general thresholds are under Section 6(1) of the British Nationality Act 1981 are:
- No more than 450 days outside the UK in the last 5 years
- No more than 90 days outside the UK in the last 12 months
If you exceed these limits, you may request discretion, but you must provide compelling evidence of strong ties to the UK and explain the absences.
What If You Have Pre-Settled Status?
You cannot apply for citizenship with pre-settled status alone. However, if you:
- Are from the EU, Norway, Iceland or Liechtenstein (or their family member),
- Have lived in the UK for 5 continuous years under qualifying conditions (working, studying, self-sufficient), and
- Meet the naturalisation requirements
You may apply once you obtain Settled Status.
Application Process for British Citizenship
Step 1: Prepare Your Application
You must gather the following documents :
- Valid passport and biometric residence permit (if held)
- Proof of ILR, Settled Status, or Indefinite Leave to Enter
- Life in the UK Test pass certificate
- Proof of English language ability (e.g. B1 SELT, UK degree)
- Evidence of residence and absences
- Marriage or civil partnership certificate (if applying as the spouse of a British citizen)
The documents required in your application will depend on your circumstances. Ensure documents not in English or Welsh are accompanied by certified translations.
Step 2: Submit Online Application
Most applicants apply online. You will:
- Upload supporting documents or present them at a UKVCAS appointment
- Pay the application fee of £1,735 (includes £130 ceremony fee)
- Attend a biometric appointment
Step 3: Await a Decision
The processing time for British citizenship applications usually takes up to 6 months. The Home Office may contact you for further evidence or clarification of the documents supplied. In rare cases, you may be invited to an interview.
Step 4: Attend Citizenship Ceremony
Once approved, you must attend a ceremony within 90 days to receive your Certificate of British Citizenship. You must then return your BRP to the Home Office.
ILR vs. British Citizenship: What’s the Difference?
Indefinite Leave to Remain | British Citizenship |
Permanent residence, but not a citizen | Full legal citizenship status |
Subject to loss if abroad for 2+ years | Cannot lose status by absence |
No British passport | Entitled to UK passport |
Cannot vote in UK elections | Full voting rights |
Fewer family migration benefits | Enables family naturalisation |
British citizenship grants security and legal permanence in the UK, along with enhanced civil and mobility rights.
Whytecroft Ford: Expert Help with Citizenship Applications
Applying for British citizenship is a significant legal milestone, and a poorly prepared application can lead to delays or refusal. At Whytecroft Ford, our team provides:
- Strategic assessment of your eligibility
- Professional support in preparing and submitting your application
- Guidance on evidentiary requirements and timelines
- Drafting of supporting statements and representation to the Home Office UKVI
Contact our team on 0208 757 5751 or use our contact form to speak with our friendly professional team.
Frequently Asked Questions
You can apply for British citizenship immediately after ILR if you are married to or in a civil partnership with a British citizen. Others must wait 12 months.
Your application may be refused unless you provide evidence of exceptional circumstances.
Typically around 6 months, though it may take longer in complex cases.