British Citizenship By Discretion- Requirements & How To Apply?

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.

British Citizenship by Discretion Eligibility 

Applicants can always request for discretion if they do not meet the requirements, such as you travelled more than 450 days outside the UK. In order for discretion to be exercised in your favour you should meet the eligibility, which means you must show that your long term ties are in the UK, such as that you own a property, your family members are British Citizens, or you have savings in the UK or employment, such ties become relevant for the eligibility to get discretion exercised in your favour, Additionally, it also depends how you present these for your application to be approved. 

How can we help you

Visa and Migration lawyers are well experienced to assit with presenting your application in the best possible way. We always assess your circumstances, help you with categorizing the evidence required in support of the application. We always check your evidence not leaving any room for error. We prepare representation letter explaining why you should be granted British Citizenship and how will this benefit you and the country. 

Proper submission is a key for discretion and we are experts in providing proper submissions to convince the Home Office to exercise discretion in your favour. 

Should you want us to represent your application, please call us to discuss your case on 02034111261.

Frequently Asked Questions

Should I change my name before or after applying for British Citizenship?

If you intend to change your name you, should do it before submitting the application and make sure the name is changed on your passport before application

Will my application be refused if I exceed the maximum dates out?

The general requirement is that you should not outside the UK for more than 450 days in last 5 years or more than 270 days in the last 3 years if applying on the basis of your British spouse, however there is discretion to the rules and it depends on your reason for absence

What are maximum days out of the UK in order for discretion to be considered?

The absences are between 480 to 900 days for applications for naturalisation under section 6 (1) and section 6 (2) between 300 and 540 days is the maximum days where discretion can be exercised

Can I apply for British Citizenship if I have a criminal conviction?

It depends what sort of criminal conviction you have, in general if you have fixed penalties these do not affect your application, however a fine can ban you for 3 years. Its best to discuss this with one of our lawyers.

Do I need to do life in the UK test again?

If you did your life in the UK test at the time of Indefinite Leave to Remain, then you do not need to take the test again. The Life in the UK test is valid for life.

Am I allowed to travel while my application is still pending?

Unlike the immigration applications, there is no restriction on travel after submitting your application for naturalisation or registration as a British citizen.