Search

How can we help?

Icon

Applying for naturalisation? Be wary of this important requirement!

Naturalisation is the process of becoming a British citizen for adults. This process has various requirements which include a minimum period of previous residence, knowledge of life and language in the UK among others.

The application can be a straightforward process if done correctly. However, an important rule is often overlooked by applicants, which can lead to a refusal, and the loss of several thousand pounds in fees.

The rule is that the applicant must be physically present in the UK on the day 5 years (or 3 years if applying as a spouse of a British citizen) before the application is received by the Home Office.

Previously, Home Office caseworkers were able to use their discretion in respect of the date the application is ‘received’. This is because paper forms could take their time in reaching the relevant Home Office caseworker.

However, under the new ‘online application’ plus appointment at UKVCAS, the timetables can be trickier. Instead, there are reports that the Home Office has started to enforce this rule more stringently than ever.

 

Previously, Home Office caseworkers were able to use their discretion in respect of the date the application is ‘received’.

Applicants should, therefore, be careful in checking that they have been present in the UK 5 or 3 years before their application date.

For example, if your application is received on 22 October 2019 you should have been physically present in the UK on 22 October 2014. If you were outside the UK on the 22 October 2014, even if this was for a short holiday, you should delay your naturalisation application appropriately.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.

Pub
  • 04 December 2025
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business in 2026.

Pub
  • 04 December 2025
  • Corporate and M&A

Autumn Budget 2025 Breakdown: Key takeaways for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they delve into the key updates from the Chancellor’s announcement, with a focus on what matters most for businesses looking to buy and sell.

art
  • 03 December 2025
  • Corporate and M&A

Why is carrying out a legal Due Diligence investigation necessary during an proposed acquisition?

Merging with or acquiring another company is a high-stakes endeavour. The purpose, process and common areas of investigation during a M&A transaction.

art
  • 02 December 2025
  • Employment

All I Want for Christmas… Is No Tribunal Claims!

Before the festivities begin, it is worth unwrapping the key risks and understanding how employers can protect their staff, their reputation and their sanity, while still delivering a thoroughly enjoyable evening.