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British Citizenship by Discretion

Do you need to apply for a British Citizenship by Discretion?

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British Nationality act under section 6 (1) and 6 (2) permits to grant a person a certificate of naturalisation. Naturalisation is one way of acquiring British Citizenship along with 4 other different ways such as citizenship by birth and citizenship by
registration. In this route, it is upon the Home Secretary to grant British Citizenship by discretion to anyone they consider fit. They have the capacity to waive one or more requirements for the naturalisation of an applicant unless there are other reasons
why discretion should not be exercised.


Requirements to acquire British Citizenship by discretion as a way of naturalisation

If you are married to or in a civil partnership with a British Citizen then you need to meet the following conditions under section 6 (2) of the British Nationality Act:

  1. You are 18 years or above
  2.  Of full capacity defined as being "not of unsound mind"
  3. Have indefinite leave to remain or right of abode or Irish citizenship or permanent residency with proof of "residency certificate" as a citizenship of the EU/EEA country or a family member of one.
  4. Married to or is in a civil partnership with a British citizen
  5. Have lived legally in the UK for 3 years
  6. Are of good character
  7. Have sufficient knowledge of either of the languages with required evidence to show: English, Welsh or Gaelic language
  8. Have sufficient knowledge of life in the UK with required evidence to prove the same.

All other applicants need to meet the following conditions under section 6 (1) of the British Nationality Act:

  1. You are 18 years or above
  2. Are of full capacity defined as being "not of unsound mind"
  3. Have lived 5 years legally in the UK or serving outside the UK in "Crown Service" under the government of the UK
  4. Have held indefinite leave to remain or right of abode or Irish citizenship or permanent residency with proof of "residency certificate" as citizenship of an EU/EEA country or a family member of one for 1 year.
  5. You intend to continue to live in the UK or work outside for the government of the UK under the "crown service" or a British association or corporation
  6. Are of good character
  7. Have sufficient knowledge of either of the languages with required evidence to show: English, Welsh or Gaelic language
  8. Have sufficient knowledge of life in the UK with required evidence to prove the same

And in both cases satisfy the requirements under Schedule 1 of the British Nationality Act 1981. In some cases, there is discretion available to naturalise a person even if they do not satisfy the requirement for example – Where you have been absent from the UK for
more than 450 days or more than 90 days or you do not meet the person of being full capacity or been in an immigration breach. The Criteria for Discretion is based on the – Quality of Service for crown services, connections with the UK, and Long term commitments to the UK that being the future intentions and the applicant’s advantage to the UK. If you like to know more about British Citizenship by Discretion or intend to apply for Naturalisation, contact our team at Visa and Migration Ltd on 02034111261.

Do you need to apply for a British Citizenship by Discretion?

Speak to our experts to find out about our fast, friendly and affordable service



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Visa and Migration is a private OISC regulated company (F201500999) and is not an official Government body. If you would like to prepare and submit your UK immigration application yourself you can do so by visiting the UKVI website.