British citizenship solicitors

British nationality law provides several routes to becoming a British citizen. JMW’s specialist immigration solicitors will advise you on whether you qualify for British citizenship and guide you through the application process, from checking your eligibility and preparing supporting evidence to submitting the application to the Home Office.

We advise on naturalisation, registration applications for adults and children, British citizenship by descent and more complex nationality matters. If there are issues in your immigration history, previous refusals or questions about which route applies, we can assess your circumstances before you make your application.

To speak to one of JMW’s personal immigration solicitors, call 0345 872 6666 or complete our online enquiry form.

How JMW can help with a British citizenship application

You do not need to instruct a solicitor to apply for British citizenship. However, nationality law is notoriously complex – it contains a number of different routes and legal requirements, and professional advice can help you identify the correct application and make sure the Home Office has the information and evidence it needs to consider your case.

JMW’s British citizenship solicitors can:

• Assess whether you qualify to naturalise or register as a British citizen.
• Review your residence in the UK, immigration status and previous immigration history.
• Advise on the good character, English language and Life in the UK requirements.
• Advise on British citizenship applications for children and adults under the relevant provisions of the British Nationality Act 1981.
• Prepare the application form, supporting documents and legal representations.
• Advise on citizenship by descent and other British nationality statuses.
• Review a previous refusal and advise on whether a request for reconsideration is appropriate.

Legal advice can make the process much smoother. This applies particularly where you are unsure which nationality provision applies, need your residence or absence history checked, are applying for a child, have an unusual family or nationality history, or need to address an issue that could affect the Home Office's assessment.

Our immigration team advises clients throughout the UK and overseas. We have offices in Manchester, London and Liverpool, and we provide direct contact with the solicitor handling your matter and regular updates as the application progresses.

Partner Gemma Tracey leads JMW's immigration team. Gemma has more than 10 years' experience in UK immigration law and advises on complex British citizenship matters as well as wider personal and business immigration issues. She is recognised as a Next Generation Partner by the Legal 500, and JMW's immigration team has also been noted as a Firm to Watch.

Meet the team

Our immigration solicitors advise individuals and families on British citizenship, nationality, settlement and other personal immigration matters.

Case studies

Our immigration team has recently supported a family, including two young children, naturalise and register as British citizens. Their residence in the UK included a complex assessment of the legality of EU residence. 

Routes to British citizenship

The main routes to British citizenship are through residence in the UK, registration, or citizenship acquired through a British parent. The correct route depends on your individual circumstances.

• Naturalisation is one of the most common routes for adults who have lived in the UK for the required period and hold indefinite leave to remain, settled status or another qualifying form of settlement.
• Registration is commonly used for children who are not already British citizens automatically, as well as certain adults who qualify under specific provisions of the British Nationality Act 1981.
• British citizenship by descent can apply to some people born outside the UK to a British parent. The rules depend on how the British parent acquired their own citizenship and the circumstances of the birth.

Our immigration solicitors can review your circumstances and advise which route applies before you submit an application.

What if I already hold indefinite leave to remain or settled status?

If you hold indefinite leave to remain (ILR), also known as settlement, you may be able to naturalise as a British citizen once you meet the relevant requirements.

The most common routes to naturalisation are under sections 6(1) and 6(2) of the British Nationality Act 1981. Under the standard route (section 6(1)), you will usually need to have been lawfully resident in the UK for at least five years and have held ILR, settled status or indefinite leave to enter or remain for at least 12 months before applying.

If you are married to or in a civil partnership with a British citizen and apply under section 6(2), you will usually need at least three years' residence in the UK. You do not need to wait 12 months after obtaining ILR or settled status before applying. GOV.UK provides further information on the standard naturalisation route and applications by spouses or civil partners of British citizens.

If you have not yet secured settlement, our indefinite leave to remain solicitors can advise on your eligibility and the steps towards settlement.

What are the eligibility requirements for naturalisation?

One of the most common ways of acquiring British citizenship is through naturalisation. The criteria will depend on whether you are applying under the standard route or on the basis of marriage or civil partnership with a British citizen.

The main requirements include:

• You must be aged 18 or over and of sound mind.
• You must have been lawfully resident in the UK for the required period: normally five years, but only three years if you are married to or in a civil partnership with a British citizen.
• You must normally have no time limit on your stay in the UK. Under the standard route, this will usually need to have been the case for at least 12 months. If you are married to or in a civil partnership with a British citizen, you generally only need to hold the relevant settled status at the date of application.
• You must meet the good character requirement.
• You must have sufficient knowledge of English, Welsh or Scottish Gaelic, unless an exemption applies.
• You must have sufficient knowledge of life in the UK, normally shown by passing the Life in the UK test unless you are exempt.
• If you are not applying on the basis of marriage or civil partnership with a British citizen, you must normally intend to continue living in the UK and have your main home here.

The Home Office will consider your residence and immigration history as part of the application. If your circumstances fall outside the standard requirements, our British naturalisation solicitors can review the situation and advise on the evidence or representations that may be required.

Registration applications for children

Children usually register as British citizens rather than naturalising. If a child does not automatically acquire British citizenship by birth or adoption, there may be an entitlement to register or the Home Office may have discretion to register them depending on the circumstances.

Common registration routes include:

• Children born in the UK whose parent later becomes British or settled: a child born in the UK may be entitled to register if, while they are still under 18, their mother or father becomes a British citizen or obtains settlement. By contrast, a child born in the UK to a parent who was already British or settled at the time of birth will usually acquire British citizenship automatically and will not need to register.
• Children born outside the UK to a British citizen by descent: registration may be possible under section 3(5) where the child and their parents have lived in the UK for the required three-year period, or under section 3(2) where the British parent meets the relevant residence requirements from before the child's birth.
• Discretionary registration: section 3(1) of the British Nationality Act 1981 gives the Home Secretary discretion to register a child as British where it is considered appropriate. This can include cases where a parent is applying for British citizenship, a child has established significant residence in the UK or there are other compelling circumstances.
• Other statutory routes: provisions can also apply to children whose parents have registered under certain sections of the British Nationality Act 1981, children born to parents in certain forms of overseas service, and some children adopted by British citizens.

When considering a discretionary registration application, the Home Office may look at the child's future intentions, their parents' circumstances, residence in the UK, immigration status and any compelling or compassionate circumstances. The Home Office nationality guidance for children provides more information on these routes.

We can assess whether a child is already British, has an entitlement to register, or has grounds to proceed with a discretionary application. We can then prepare the application and supporting evidence on the child's behalf.

Registration applications for adults

There are also routes for some adults to register as British citizens. These provisions can apply in circumstances where naturalisation is not the relevant route.

Examples include some people born abroad before 1 January 1983 to British mothers and some people born before 1 July 2006 to unmarried British fathers. Eligibility can also arise from an existing form of British nationality, historic legislative unfairness, an act or omission by a public authority or other circumstances covered by the British Nationality Act 1981.

The correct registration route will depend on the individual's personal and family history. Our immigration team can review the relevant facts and advise on whether an adult registration application is available and what supporting evidence will be required.

Citizenship by descent

British citizenship by descent generally applies to a person born outside the UK to a parent who was a British citizen otherwise than by descent at the time of their birth.

A British citizen by descent will not normally be able to pass British citizenship automatically to a child who is also born outside the UK, although registration routes and exceptions may apply.

When a person acquires British citizenship through registration, they may become British by descent or otherwise than by descent depending on the provision under which citizenship is granted. The distinction can therefore be important when considering future nationality rights for children born overseas.

Our British citizenship solicitors can review your family history and advise on whether citizenship has been acquired by descent or whether a registration application is available.

Types of British citizenship and nationality

In addition to British citizenship, there are five other types of British nationality:

• British overseas territories citizen
• British overseas citizen
• British subject
• British national (overseas)
• British protected person

The rights attached to each status differ. Holding another form of British nationality does not necessarily give a person the same right to live and work in the UK as a British citizen. Take a look at the official government guidance on the different types of British nationality for more information.

We can advise on the type of British nationality you hold, the rights attached to that status and whether there is a route to acquire British citizenship.

What is the British citizenship application process?

The most common British citizenship applications are made through naturalisation or registration. Although the evidence varies between routes, the process usually involves preparing and submitting an application to the Home Office with the supporting documents needed to show that you meet the requirements.

The main stages are:

1. Assess eligibility: confirm the relevant route and check the residence, immigration status and other requirements that apply.
2. Prepare the application: complete the relevant online application and gather the supporting documents.
3. Submit the application: pay the Home Office fee and submit the application through the UKVI online system.
4. Provide biometric information: after submission, you will be told how to enrol your biometric information and provide supporting documents where required.
5. Wait for a decision: the Home Office will consider the application and evidence before issuing its decision.
6. Attend a citizenship ceremony: successful adult applicants will usually need to attend a ceremony before the process is complete.

A standard British citizenship application will usually receive a decision within six months. Eligible applicants applying from within the UK may also be able to use the citizenship priority service for an additional fee.

We can support you throughout the process, including checking your eligibility, preparing the application and evidence, and presenting any points that require explanation to the Home Office.

How much does a British citizenship application cost?

The Home Office currently charges £1,839 for an adult naturalisation application. This is made up of the £1,709 application fee and the £130 citizenship ceremony fee. The current fees are set out on the GOV.UK British citizenship page and in the Home Office nationality fees guidance.

Different Home Office fees apply to registration applications. The relevant fee must normally be paid in full when the application is submitted rather than by instalments.

JMW's legal fees are separate from Home Office charges. If you instruct us, we will confirm the scope of our work and the legal fees involved before we begin. Our services include advice on eligibility, preparation of the application, review of supporting documents and legal representations where required.

Refusals and complex applications

If a British citizenship application is refused, there is no standard right of appeal. However, you can ask the Home Office to reconsider the decision using Form NR if you believe the refusal was not properly based on the law, policy or procedure.

The current Home Office fee for a nationality reconsideration is £513. A request should explain why the refusal decision is considered incorrect and identify the relevant evidence, law or guidance.

Citizenship applications can also require additional consideration where there are issues relating to residence, previous immigration breaches, criminal convictions or other good character matters. The Home Office's good character guidance explains the factors decision-makers may consider.

Our immigration team can review a refusal decision and advise whether reconsideration is appropriate. We also advise before submission where an application involves issues that need to be addressed clearly in the supporting evidence or legal representations.

Q

Can I pay for a British citizenship application in instalments?

A

No. The Home Office application fee and citizenship ceremony fee, where applicable, must normally be paid in full when the application is submitted. JMW's legal fees are separate, and we will explain the payment arrangements for our work before you instruct us.

Q

How long does a British citizenship application take?

A

The Home Office usually aims to decide British citizenship applications within six months, although some applications take longer. The time needed to prepare the application will depend on the route and evidence required. Eligible applicants applying from within the UK may be able to use a priority service for a faster decision.

Q

What is the good character requirement for British citizenship?

A

The good character requirement applies to many British citizenship applications. The Home Office may consider matters including criminality, immigration-related issues, financial conduct, deception or dishonesty, international crimes, terrorism or other conduct covered by its published guidance.

If there is a particular issue in your history, we can advise on how the good character requirement may affect your application before it is submitted.

Q

Do I need a solicitor to apply for British citizenship?

A

No. You can apply for British citizenship without instructing a solicitor.

Legal advice is useful if you are unsure whether you qualify, need to identify the correct naturalisation or registration route, have a complex nationality or immigration history, or need to explain an issue that may affect the Home Office's decision. JMW’s British citizenship solicitors can advise on eligibility and prepare the application and supporting evidence on your behalf.

Q

What documents do I need for a British citizenship application?

A

The documents required depend on your circumstances and how you are applying for citizenship. They may include evidence of your identity, immigration status, residence in the UK, family relationships, English language ability and Life in the UK requirement.

We can provide a specific document list once we have reviewed the route and your individual circumstances.

Q

Can I apply for British citizenship if I have a criminal record?

A

A criminal record does not automatically prevent every British citizenship application, but criminality is relevant to the good character requirement. The Home Office will consider the nature of the offence, the sentence and the wider circumstances under its current guidance.

We can review the details of the offence and advise on the likely effect on a citizenship application before you apply.

Q

What happens at a citizenship ceremony?

A

If your naturalisation or adult registration application is granted, you will normally need to attend a citizenship ceremony before the process is complete. Ceremonies are usually organised by a local authority.

At the ceremony, you will make an oath of allegiance or affirmation of allegiance to His Majesty the King and a pledge of loyalty to the UK. You will then receive your citizenship certificate, which can be used when applying for a British passport.