British citizenship – an important step

British citizenship is an important step in your journey. If you are considering applying for British citizenship, it is time to read our articles and make plans ahead.

Our previous article outlined the main issues of the good character requirement applicants may face when applying for British citizenship. While the good character requirement can be critical for eligibility, residence requirement becomes problematic if you regularly travel from the UK. With global pandemic travel restrictions, this requirement may become a stumbling block for your application. It is therefore important to see whether any discretion is allowed and how it can affect your eligibility.

What is the residence requirement for British citizenship?

Under the British Nationality Act 1981, there are various ways to acquire British citizenship. This article will focus on acquisition by naturalisation under section 6 of the Nationality Act 1981 and its relevant requirements for residence in the UK.

Different residence requirements apply,  depending on whether you are married or not to a British national. Marriage includes civil partnership.

1. If you are NOT married to a British citizen

Your application will be considered under Section 6(1) of the British Nationality Act 1981. The legal residence requirements for applicants are:

1. You have lived in the UK for at least 5 years before you apply (this refers as ‘qualifying period’);
2. You must be physically present in the UK on the day 5 years before your application is received by the Home Office;
3. You must not have had more than 450 days absences outside of the UK in your 5-year qualifying period;
4. You must not have more than 90 days of absences outside of the UK during the last 12 months of your qualifying period;
5. You must be free from immigration time restrictions on the date of your application: For example, you have an Indefinite Leave to Remain (ILR) or Permanent Residence (PR) status; and
6. You must be free from immigration time restrictions during the last 12 months of your qualifying period.

2. If you are married to a British citizen

Your application will be considered under Section 6(2) of the British Nationality Act 1981. The legal residence requirements for applicants are:

1. You have lived in the UK for at least 3 years before you apply (this refers as ‘qualifying period’);
2. You must be physically present in the UK on the day 3 years before your application is received by the Home Office;
3. You must not have had more than 270 days absences outside of the UK in your 3-year qualifying period;
4. You must not have more than 90 days of absences outside of the UK during the last 12 months of your qualifying period;
5. You must be free from immigration time restrictions on the date of your application; for example, you have an Indefinite Leave to Remain or Permanent Residence status.

Applicants are also advised to ensure they meet other requirements under the British Nationality Act 1981 before submitting applications.

British citizenship residence requirement table:

	If you are NOT married to a British citizen	If you are married to a British citizen
Relevant law	Section 6(1) of the British Nationality Act 1981	Section 6(2) of the British Nationality Act 1981
Qualifying period (QP)	5 years of lawful residence in the UK	3 years of lawful residence in the UK
Usually permitted absences in your qualifying period	450 days	270 days
Absences from the UK during the last 12 months of your qualifying period	90 days	90 days
Evidence of free from immigration time restrictions on the date of application?	Yes	Yes
Evidence of free from immigration time restrictions for the 12-month period before making the application	Yes	No

 

Can I still apply if I do not meet the residence requirement?

There is no simple yes or no answer to this question. Each case should be assessed individually, and we strongly suggest you seek legal advice before making the application to avoid unexpected refusals and waste your application fees.

You should keep careful track of your absences outside of the UK to ensure you meet all residence requirements. However, it is possible to ask the Home Office to exercise discretion should you not meet certain residence requirements.

Discretions from the Home Office could be sought under the following circumstances:

• If you have no more than 480 days absences outside the UK during your 5-year qualifying period. Or, if no more than 300 days absences outside of the UK during your 3-year qualifying period; or
• If you have had no more than 100 days absences outside the UK during the last 12 months of your qualifying period;

You are expected to explain why you cannot meet the residence requirement and provide evidence to support your application. Evidence should be selective and relevant to your application. If you are unsure of what evidence to provide, we urge you to seek professional assistance for your application.

You could still apply for naturalisation if your absences outside the UK exceed 480, 300 or 100 days in the relevant period. However, you must meet all other British citizenship requirements. Also, you must prove you established your home, family and a substantial part of your estate in the UK. You will need to provide evidence of your residence in the UK. Additionally, you must provide the reasons for your absences, such as pandemic, international work or exceptional family reasons.

 

Extended absences due to COVID-19

Many applicants who plan to apply for ILR or British citizenship now face the same question: what is the impact of my absences caused by COVID-19 on future ILR or British nationality applications?

For most of the applicants, when applying for ILR and British citizenship, extended absences caused by a pandemic, such as COVID-19, may not count towards the 180 days limit. You will need to clearly record your absences and evidence of disrupted travel due to COVID-19 for your future application. Applicants should keep evidence of any travel disruption.  These can be flight cancellation emails, government announcements on suspension of flights or travel bans when the event occurred.

Absences for the sole reason that you decided not to return home (when flights continued normally) with no other factors affecting travel mobility, may be rejected by the authorities.  Anyone stuck abroad for extended periods due to COVID-19 must keep good records of all public announcements. Moreover, they should keep emails from airlines or embassies for their future applications. This will show that they were unable to travel to the UK. Individuals or family members suffering from COVID-19, shielding or self-isolating for health reasons, must keep evidence for future applications.

 

Does the residence requirement apply to EEA or Swiss nationals applying for British citizenship?

The same residence requirement applies to EEA and Swiss applicants. Besides, EEA and Swiss applicants also need to prove their lawful residence in the UK. This is for the relevant period up to 10 years, even where a settled status was issued. You can read our article HERE for more information.

 

Can BNO applicants apply for British citizenship?

The answer is yes, and the same residence requirement applies to BNO applicants. The BNO visa route is now open for applications. Applicants can apply for settlement / ILR in the UK after completing a 5-year continuous residence in the UK. They can apply for British citizenship 12 months after they receive ILR status or once they receive ILR status if they are married to or a civil partner of a British citizen.

Need help with your British citizenship application?

If you need guidance regarding the British nationality residence requirements or your eligibility for the British nationality, please contact our experienced immigration solicitors today on 020 7427 5972 or submit an enquiry HERE.

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