Can you clarify if this part still holds true as of today ?
I have got ILR and would like to go for the next step as naturalisation( I believe) is the one..
that you can apply same day or as soon as your ILR starts you can go into the next step ?
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.
Please clarify
Thanks!
Jambo wrote: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.
Naturalisation
Eligibility
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.
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). There is a reduced fee when applying together.
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?
Under EEA regulations, Permanent Residence status is obtained automatically after 5 years of exercising treaty rights. You need to hold PR status for 1 year to be eligible for naturalisation (unless you are married to a BC) so effectively you can apply after 6 years of residence in the UK. Having a PR Confirmation (following EEA3/EEA4 application) is optional and is not required in order to apply for naturalisation.
You have two options:
1. Apply after 6 years in the UK. This includes 5 years of exercising treaty rights + 1 year with PR. You will need to provide proof of the 5 years (similar to what is needed in EEA3/EEA4 application). Form AN has a specific section (Q2.4-2.6) for such application.
2. Apply 1 year after the issue date of the PR Confirmation (EEA3/EEA4). In this case, there is no need to prove treaty rights again and normally just your passport (and Life in the UK test) is required.
If you hold a PR Confirmation for less than 1 year but have lived in the UK for 6 years, you can apply using option (1). The PR confirmation can only be used if you apply 1 year after the issue date. The reason is that the PR Confirmation only contains one date - issue date. It doesn't state when the PR status was actually acquired. If you want to use a PR date prior to the issue date, you will need to provide treaty rights proof to prove it.
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.
Fees
Q1: How much is the cost of naturalisation application?
See fees.
Application form
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. 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.
