If you hold Indefinite Leave to Remain (ILR), you may want to apply for British citizenship, which once obtained, will entitle you to apply for a British passport. Citizenship has some advantages over ILR and means that you will be a naturalised UK national. We take a look at applying for Citizenship or Naturalisation after Indefinite Leave to Remain, including the benefits and the process to be followed.
At Halliday Reeves, we deal solely with immigration issues, meaning we have in-depth expertise and understanding, both of the law and of the way in which UK Visas and Immigration handles applications.
We are accredited by the Law Society for immigration and asylum work at both senior caseworker and supervising senior casework level.
Our most recent Peer Review, carried out to check the standard of our services, awarded us the high level of ‘Competence Plus’. We were particularly commended for:
- Regular and effective communication
- Good client care, including when representing a vulnerable client
- Thorough preparation for hearings
- Good case strategy, considering what evidence was needed and taking the necessary steps to obtain this
- Keeping clear records
- Tailored advice
- Careful consideration of documents
- Awareness of time limits
If you are thinking of applying for Citizenship after Indefinite Leave to Remain and you would like advice and assistance, we would be happy to hear from you. Please call us on 0330 133 7777, email us at enquiries@hallidayreeves.com or fill in our Contact Form.
“Can we also take this opportunity to thank you for how you handled our enquiry. We were both feeling anxious about making contact with a solicitor to discuss our circumstances. You were so warm, friendly and understanding when we spoke.”
Why Apply For Citizenship After Indefinite Leave To Remain?
There are several advantages of having Citizenship rather than having ILR, including:
- You can spend time outside of the UK without risking losing your status. If you hold ILR and you are absent for more than two years, your ILR will lapse
- You are entitled to hold a British passport, which is considered one of the world’s strongest passports and which will allow you to travel visa-free or visa on arrival to around 190 countries
- If you are a naturalised British citizen and you have a child, they will automatically have British citizenship, even if they were not born in the UK
- As a British citizen you will have full voting rights. You will also be able to stand as a candidate. Those with ILR are restricted as to when they may vote and cannot hold office
Applying For Citizenship After Indefinite Leave To Remain
To be eligible to apply for Citizenship, if you are neither married to, nor in a civil partnership with a British citizen you need to have lived in the UK for the five years prior to the date of your application and have held one of the following for at least a year:
- Indefinite Leave to Remain in the UK
- Settled Status, which is similar to ILR and which is granted to those from the EU, Switzerland, Norway, Iceland and Liechtenstein
- Indefinite Leave to Enter the UK
Other criteria are:
- You are aged 18 or over
- You are of good character
- You are able to show that you were in the UK on the day five years before the date on which your application is received
- You have the required level of English
- You have passed a Life in the UK test
- It is your intention to keep living in the UK
You should not have spent more than 450 days outside of the UK during the 5 years prior to your application and no more than 90 days outside of the UK during the year before the date of your application. You must not have broken any immigration laws.
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If you do not hold ILR, then there may be other options and we can advise you of these.
If you are married to, or in a civil partnership with, a British citizen, the rules are slightly different. You must be:
- settled at the time of the application
- must have been legally living in the UK continuously for a period of at least three years
- must have been physically present in the UK on the day three years before the date on which your application is received
- You should not have spent more than 270 days outside of the UK during the 3 years prior to your application and no more than 90 days outside of the UK during the year before the date of your application.
- You must not have broken any immigration laws
- You must possess knowledge of the English language and have passed a Life in the UK test
There are of course some exceptions to these guidelines that are beyond the scope of this short Article.
Making An Application For Citizenship After ILR
There is a detailed application form to be filled in, which we can prepare on your behalf. We will also need to supply a range of documents by way of evidence that you are eligible for Citizenship.
We will identify the paperwork that best supports your application.
We will also put together representations in support of your application.
You will also need to have your biometric information taken at a UK Visa and Citizenship Application Services centre.
If your application to be a British citizen is approved, you will be invited to attend a citizenship ceremony. You need to ensure that you do this within three months.
Help With Applying For Citizenship After Indefinite Leave To Remain
If you would like help in applying for British citizenship, we will be pleased to hear from you.
To speak to one of our expert British passport lawyers, ring us on 0330 133 7777, email us at enquiries@hallidayreeves.com or fill in our Contact Form.
“Excellent service from Sabiha particularly in terms of calming our nerves at various times. Good advice, provided excellent suggestions to improve our case. Our visa application was successful. Would use the company again.”
