Immigration Corner | Applying for UK citizenship with an ILR status

Dear Mr. Bassie,

How long would I have to have been in the United Kingdom with an indefinite-leave-to-remain status before being eligible for citizenship? Please advise.

M.B.

Dear M.B.,

Persons can apply for citizenship if they have lived in the UK for five years and have had one of the following for 12 months:

• Indefinite leave to remain in the UK;

• ‘Settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’);

• Indefinite leave to enter the UK (permission to move to the UK permanently from abroad).

Please note that persons do not need to wait 12 months to apply if married to a British citizen.

Applicants must also

• Be over 18 years old.

• Prove they were in the UK exactly five years before the day the Home Office receives your application.

• Prove their knowledge of English, Welsh, or Scottish Gaelic.

• Have passed the life in the UK test.

• Intend to continue living in the UK.

• Be of good character - (read the naturalisation guidance).

Residency requirements

Must have lived in the UK for at least five years before the date of the application and also should not have broken any UK immigration laws.

Must have indefinite leave to enter or remain, the Home Office will not usually check if they broke any immigration laws before then.

The application cannot include any time spent in the UK when the applicant is exempt from immigration control as a

• Diplomat

• Member of a diplomat’s staff or household

• Member of visiting armed forces

Time spent outside the UK

Persons should not have spent more than 450 days outside of the UK during the five years before the application. Persons should not have spent more than 90 days outside of the UK in the last 12 months or broken any UK immigration laws (for example, living illegally in the UK).

Persons should be aware that they may have lost their indefinite leave to remain or enter if they have been away from the UK for

• more than two years at any time since they received it (they will need to apply for a Returning Resident visa).

• more than five years if they have settled status.

• more than four years if they are a Swiss citizen, or the family member of a Swiss citizen, and they have settled status.

When to apply

Applicants must have been physically present in the UK exactly five years before the Home Office receives the application.

The application may be rejected if they were not in the UK exactly five years before the Home Office received it. This depends on the reason why they were not in the UK. The Home Office will consider if there are special circumstances, for example,

• they were not able to live in the UK at the start of the five-year period because of health reasons or travel restrictions.

• they were told to leave the UK during the five years, but this decision was later overturned.

Please be aware that the date the Home Office receives the application depends on how they applied. If they apply online, their application will be received on the same day. It will take longer if applying by post. Persons should note that it costs £1,330 to apply.

The applicant will also need to have biometric information (fingerprints and a photo) taken – there is no fee for this - and they will be told how to do this after applying.

I hope this helps.

John S. Bassie

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com