Naturalisation is an immigration application to the Home Office to become a British citizen after you have been granted indefinite leave to remain in the United Kingdom. You can make this application 12 months after being granted indefinite leave to remain.
As of 28 June 2022, under Schedule 1 of the Nationality and Boarders Act 2022, the Home Office is no longer required to consider your immigration history for a naturalisation application. It is now sufficient for you to evidence that you are a person of good character and that you did not breach any immigration laws previously, if you hold indefinite leave to remain in the United Kingdom.
Prior to the changes, the requirements for a naturalisation application were strict. The Home Office considered your immigration history including any breaches of immigration law 10 years prior to the date of the application. Subsequently, this meant that if you had an immigration breach within the last 10 years prior to the date of the application, your application for naturalisation as a British citizen would fall for refusal.
However, in line with the new changes, you may still be eligible for naturalisation as a British citizen and the Home Office may disregard immigration breaches such as overstaying, absconding and illegal entry when assessing the 10-year period prior to the date of the application, if you satisfy the following requirements:
- You are applying for naturalisation as a British citizen or registering as a British citizen after 28 June 2022
- You have indefinite leave to remain or enter the United Kingdom
- There are no concerns raised since being granted indefinite leave to remain which would cast doubt on the decision.
Further to the last requirement mentioned above, it is up to the Home Office to decide whether it is appropriate for them to consider your previous immigration history, especially:
- If any historic information has come to light, which may have led to a refusal of indefinite leave to remain
- Where a breach has occurred after the grant of settlement which would indicate that revocation of indefinite leave to remain grant is appropriate.
The Home office will still consider immigration breaches that do not relate to lawful residence in the United Kingdom.
At Elaahi & Co Solicitors, we specialise in understanding complex legal rules and providing you with clear, sound and straightforward advice on how they apply to your case. If you need advice on making a naturalisation application in line with the changes to the rules, contact our expert team of immigration lawyers a call on 020 3930 3831. We are here to help you.
