British Citizenship Applications: who can apply and how?

1. Why is British citizenship important?

Becoming a British citizen is a life-changing milestone for many people who have chosen to make the UK their home. This is because it provides many fundamental advantages, including:

• the right to live and work in the UK without immigration restrictions
• the right to vote in UK elections and stand for public office
• access to public services and benefits on the same basis as other British citizens
• eligibility for a British passport, enabling visa-free or visa-on-arrival travel to many countries
• the ability to sponsor certain relatives to join them in the UK, subject to the Immigration Rules

Furthermore, a British citizen’s children are likely to be British citizens, which ensures that the advantages listed above are passed to the citizen’s children.

Technically, nationality refers to membership of a nation through birth or one’s heritage, whereas citizenship is a legal status that is acquired by application. The distinction is legally relevant in some scenarios, however, we use the terms interchangeably here.

2. Is Dual Nationality allowed?

The UK generally permits dual or even multiple nationality. However, applicants should be aware that other countries may restrict dual citizenship or impose additional legal obligations on dual nationals. Applicants should therefore check the legal position in all countries for which they already hold nationality or citizenship.

3. What are the routes to British Citizenship?

There are three main routes to British citizenship:

1. Naturalisation
2. Registration
3. Acquisition

Each of these routes has its own requirements which must be met before citizenship is awarded. Below we consider each of the routes in detail.

4. Naturalisation route

Under section 6 of the British Nationality Act 1981, the Secretary of State for the Home Department (commonly known as the “Home Office”) may grant a certificate of naturalisation to a person of full age and capacity (i.e. over 18 years old and of mental competence) if satisfied that the statutory requirements set out in Schedule 1 to the 1981 Act are met. Even where those requirements are satisfied, the Secretary of State retains the power to refuse the application. Thus, unlike the acquisition route (and some registration routes), naturalisation is discretionary, i.e., it is not a right. However, in practice, the Secretary of State usually awards naturalisation certificates where the statutory criteria are met.

There are two main routes to naturalisation:

• a five-year route for individuals who are not married to or in a civil partnership with a British citizen. This route requires the applicant to have lived in the UK for five years and to have held indefinite leave to remain (“ILR”) or settled status for at least 12 months before applying.

• a three-year route for individuals who are married to or in a civil partnership with a British citizen. This route requires the applicant to have lived in the UK for three years and to hold ILR or settled status at the time of application.

Both routes require applicants to meet certain eligibility criteria, including good character requirements.

5. Registration route

Registration is governed by sections 3–5 of the 1981 Act. These sections contain a mixture of discretionary routes and statutory entitlements, all of which are based on specific criteria. Registration is therefore different from naturalisation (which is solely discretionary) and from acquisition (which entails statutory entitlement only).

Registration is available to both adults and minors under specific circumstances.

For adults, registration is typically available where the applicant meets specific eligibility criteria. Potentially eligible applicants include:

• British Overseas Territories citizens – individuals who acquired British Overseas Territories citizenship through historic United Kingdom and Colonies (CUKC) status linked to an overseas territory, or through birth, descent, or adoption in a qualifying territory such as Bermuda or Gibraltar
• British Nationals (Overseas) citizens – individuals from Hong Kong who were British Overseas Territories citizens and who registered for British National (Overseas) status before 1 July 1997
• British Overseas citizens – former citizens of the United Kingdom and Colonies (CUKC) who retained a residual form of British nationality after 1 January 1983, but did not acquire British citizenship or British Overseas Territories citizenship
• British subjects – a residual category of British nationality, held by individuals who were British subjects before 1949 and did not acquire citizenship of the United Kingdom and Colonies, another Commonwealth country, Pakistan or Ireland, or by certain Irish citizens who claimed to retain that status
• British protected persons who have resided in the UK for a specified period and meet requirements regarding absences, immigration status, and good character

Adults may also be registered under discretionary provisions, such as service in Crown service or special circumstances, including historical legislative unfairness or acts of public authorities. An example of such a special case is an individual who would have been eligible for British citizenship, but did not acquire citizenship due to historic provisions which prevented women from passing British nationality onto their children in the same way as men. This discretion is created by section 4L of the 1981 Act, which is a relatively new provision, inserted by section 8 of the Nationality and Borders Act 2022.

For minors, registration is the primary route to British citizenship, as they cannot apply for naturalisation. Minors may be registered by entitlement if they meet certain conditions, for example, if they are:

• born in the UK to parents who later acquire settled status or British citizenship (this contrasts with those minors who are born to parents who already have settled status or British citizenship – see below)
• born abroad to British citizens by descent who meet specific residence requirements
• born in the UK and residing in the UK for ten years since birth

Additionally, minors may be registered at the discretion of the Secretary of State, who has broad authority to consider factors such as the child’s best interests, residence, and good character.

6. Automatic acquisition route

Some individuals become British citizens automatically by operation of law (i.e., as a statutory entitlement, without having to make an application). This is usually based on the individual’s date and place of birth or a parent’s status. For example, a person born in the United Kingdom or a qualifying territory after the commencement of the 1981 Act (i.e. after 1 January 1983) is automatically a British citizen if, at the time of their birth, one of their parents already has British citizenship or settled status in the UK or qualifying territory. Such individuals do not need to apply for citizenship and can apply directly for a British passport. Both adults and minors may qualify for this route.

7. How to apply

Step 1: Prepare for the application

To apply successfully, you must identify the correct route and provide clear supporting evidence, such as:

• passports and travel documents
• BRP cards or proof of ILR or settled status
• evidence of residence and absences
• marriage certificates or evidence of a parent’s citizenship
• evidence of a parent’s nationality
• information about immigration history
• information about travel
• information about any criminal convictions

Applicants must nominate referees to confirm identity and good character.

Meeting the residence requirement is critical. This involves proving your physical presence in the UK, exactly five years before the application date and throughout the qualifying period.

Step 2: Complete the application form

For naturalisation and registration, an application must be made to the Home Office, often using specific forms such as Form MN1 for minors or Form T for certain adults.

Most applications are submitted online via the Home Office website, although postal applications are available in some cases.

Step 3: Pay fees & submit biometrics

Applicants must pay the relevant fee (see below).

Applicants must also attend a UKVCAS appointment to provide biometrics (fingerprints and photograph). There is no additional Home Office fee for biometrics, though other costs may arise for translations or legal assistance.

Step 4: Attend the citizenship ceremony

Under Schedule 5 to the 1981 Act, successful applicants are required to attend a citizenship ceremony, where they take an oath or affirmation of allegiance and pledge loyalty to the UK. Naturalisation and registration are not completed until this last step is taken.

After the ceremony, the applicant is given a naturalisation or registration certificate and can apply for a British passport.

8. Common challenges in citizenship applications

Citizenship applications are frequently refused due to:

• good character issues, including criminal convictions or historical breaches of UK immigration law
• excess absences or failure to meet residence requirements
• complex family arrangements, such as adoption, surrogacy, or children born abroad
• discretionary refusals in registration cases
• poorly prepared applications with little to no supporting evidence

Applicants must remember that the decision-maker retains a discretion to grant applications, even when the precise requirements of the law are not met. It is therefore imperative that applications are properly presented and robustly argued.

9. Can British citizenship be lost?

In some cases, British citizens can have their citizenship revoked. This is known as deprivation. For an overview of deprivation, see our related article.

10. Timelines, fees, and processing times

Most applications are decided within 3–6 months, although complex cases can take longer.

Applicants should be cautious about travel during key stages of the process and should ensure that absences do not affect residence requirements.

At the time of writing, the fee for naturalisation is £1,735, which includes the £130 citizenship ceremony fee. The fee for registration is currently £1,576.

Other costs could include:

• studying for and sitting the Life in the UK test – approximately £250
• English language test – approximately £150
• legal fees and translation costs

11. How Demstone Chambers can help

Demstone Chambers are specialist immigration and family barristers. This dual expertise makes us uniquely placed to assist both individuals and families in navigating the British citizenship application process.

We are based in Milton Keynes and London, but our barristers can help clients in all parts of England and Wales.

Demstone Chambers provides specialist advice and representation across all areas of British nationality law and applications for British citizenship. We assist with:

• assessing eligibility and identifying the most appropriate route for obtaining citizenship
• preparing and submitting robust applications
• advising on complex or discretionary cases
• challenging refusals through reconsideration, judicial review, or appeal
• advising on dual nationality, deprivation, and statelessness issues

To discuss your British nationality application, contact us.

This page is subject to the terms of our website disclaimer.