British Citizenship After Indefinite Leave to Remain (ILR)

Typically, you can apply for British citizenship 12 months after obtaining Indefinite Leave to Remain (ILR) unless you are married to a British citizen.

You can apply for British citizenship immediately after obtaining Indefinite Leave to Remain (ILR) without waiting 12 months if married to a British citizen.

If you are considering applying for British citizenship after ILR, call our British citizenship solicitors in London at 0203 959 7755 for eligibility assessment. Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.

Table of Contents

What is Indefinite Leave to Remain (ILR)?

ILR, or Indefinite Leave to Remain, is an immigration status that allows you to live and work in the country indefinitely without any immigration restrictions.

Difference between ILR and British citizenship

ILR grants you the right to live and work in the UK indefinitely without any immigration restrictions. On the other hand, British citizenship grants you full legal status as a citizen of the UK and you can obtain a British passport.

ILR holders can only vote in local elections, whereas British citizens can vote in all UK elections, including local and general elections.

Another difference is, ILR can be lost if you leave the UK for an extended period or if you commit a serious crime. However, citizenship is permanent and cannot be lost through prolonged absences. It can only be revoked under very specific circumstances, such as cases of fraud in the application process or serious criminal offences.

When can you apply for British citizenship after ILR?

You can apply for British citizenship 12 months after obtaining Indefinite Leave to Remain (ILR), Settled Status, or Indefinite Leave to Enter (ILE).

Settled Status also known as 'indefinite leave to remain under the EU Settlement Scheme'.

When can you apply for UK citizenship if married to a British citizen?

If you are married to a British citizen, you do not need to wait 12 months after obtaining ILR.

You can apply for British citizenship as soon as you have ILR, provided you have been married and living in the UK with your British spouse for at least three years.

Additional requirements for British citizenship beyond 12 months of ILR

Applicants must meet other British citizenship requirements besides holding ILR for 12 months. You must also:

• be at least 18 years old.
• have lived in the UK for the last five years.
• prove your knowledge of English.
• have passed the Life in the UK test.
• be of good character.
• intend to continue living in the UK after acquiring UK citizenship.

Continuous residence requirements for British citizenship

You must have been living in the UK legally continuously for at least 5 years, with valid visas or residence permits, for the entire required period.

Overall absences from the UK in your qualifying period

Before applying, you must have lived in the UK for at least five continuous years and should not have been absent from the UK for more than a total of 450 days during that period.

You should not have spent more than 90 days outside the UK in the past 12 months.

Life in the UK Test requirement for British citizenship

The UK citizenship test, officially called the 'Life in the UK test for British citizenship' is a key part of becoming a British citizen and a mandatory requirement to be eligible to apply for British citizenship.

The test has multiple-choice questions on British history, traditions, and what it means to be a citizen.

You have 45 minutes to answer 24 questions drawn from the Life in the UK handbook.

English language requirement for UK citizenship

Demonstrating your English language proficiency is a mandatory requirement for applying for British citizenship. You can meet this requirement by either passing an approved test or presenting a degree that was taught or researched in English.

To be eligible to apply for British citizenship, you need to prove English language proficiency at CEFR Level B1, B2, C1 or C2 unless you are exempt.

Exemption from English language test requirement

some people don't need to take the requirements for the English language test. This is for:

• Applicants aged under 18 years, or 65 years or older on the date of their application.
• Applicants with disabilities that prevent them from taking the test.
• Applicants who hold an academic qualification taught in English.
• Applicants who are nationals of certain English-speaking countries.

Good character requirement for British citizenship

British citizenship requires showing good character. This means proving you are honest and follow British laws and norms.

The Home Office checks your character for citizenship. They look at several things, including:

• Criminal history and convictions
• Involvement in anti-social behaviour
• Immigration history and compliance with immigration regulations
• Financial conduct, including bankruptcy or unpaid debts
• Any past actions that may have threatened public safety or national security

Referee requirements for British citizenship

When applying for British citizenship, you must provide the names and contact details of two referees who will confirm your identity. Here are the key requirements for referees:

• One referee must be a British citizen aged 25 or over.
• The second referee can be a British citizen or a citizen of a qualifying Commonwealth country or the Republic of Ireland.
• One referee must be a professional person such as a doctor, lawyer, teacher, or civil servant.
• The second referee can be a person of good standing in their community, such as a bank manager, director of a limited company etc.

Referees must:

• not be your relative.
• not be a solicitor or agent representing you on a British citizenship application.
• not be related to the other referee.
• not be employed by the Home Office.
• not have been convicted of an imprisonable offence during the last 10 years.
• have known the applicant personally.
• be willing to give full details of their knowledge of the applicant.
• advise the Home Office of any reason why the applicant should not be registered.

What documents are required to apply for British citizenship after 12 months of ILR?

To apply for British citizenship after 12 months of ILR, you typically need the following documents:

• a current passport or other valid travel document to prove your identity.
• completed British citizenship application and Proof of payment for the application fee.
• residence permit or biometric residence card (BRP).
• proof you have indefinite leave to remain (ILR) or settled status.
• evidence of continuous and lawful residence in the UK.
• list of all absences from the UK in the last 5 years.
• certificate showing you have passed the Life in the UK Test.
• proof of English language proficiency such as an English language test certificate or a degree taught or researched in English (unless exempt).
• two referees, one of whom should be a British citizen and over 25, who have known you for at least 3 years.
• Disclosure and Barring Service (DBS) certificate, if applicable.

How to apply to become a British citizen?

• Assess your eligibility to ensure that you meet the eligibility criteria for British citizenship.
• Gather all necessary documents to support your British citizenship application such as English language and Life in the UK Test certificates.
• Fill out the appropriate application form for British citizenship depending on your circumstances.
• Submit the citizenship application form along with supporting documents and pay the appropriate fee. You can either apply online or by post.
• Book and attend a biometric appointment to provide fingerprints and a photograph.
• After attending biometric appointments, wait for the decision. On average, it takes around six months to receive a decision.

If your application is successful, you will be invited to attend a citizenship ceremony, where you will take an oath of allegiance to the United Kingdom and receive your certificate of British citizenship.

How can solicitors help with British citizenship applications?

How to contact Moeen & Co. Solicitors?

If you have questions or need help with your British citizenship application, you can contact our team of immigration solicitors in Hayes, London by calling 0203 959 7755. Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.