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 September 2026
  • Employment

Received an Employment Tribunal Claim? 6 Things Employers Should NOT Do

We are well and truly underway with implementation of the Employment Rights Act 2025 (“ERA 2025”) and October brings the next tranche of changes that employers will need to be ready for.

art
  • 14 September 2026
  • Corporate and M&A

Key provisions found in a Shareholders’ Agreement – SHA Series Part 2 of 5

Discover the key provisions in a shareholders’ agreement, including ownership, decision-making, share transfers, exits and leaver clauses.

art
  • 11 September 2026
  • Privacy and Data Protection

Data Protection Breaches – Personal Liability for Employees

It is well known that employers have obligations under the Data Protection Act 2018 (the “Act”) but, perhaps lesser known, is that employees can be held personally liable for certain actions amounting to criminal offences under the Act.

Pub
  • 07 September 2026
  • Corporate and M&A

Frequently Asked Questions About Shareholders’ Agreements – Episode 1

Join Emma Docking and Jonathan Hayes as they explore some of the most frequently asked questions about shareholders’ agreements, including what they are, how they work alongside articles of association, and the risks of operating without one.

art
  • 03 September 2026
  • Employment

Employment Rights Act – October Changes

We are well and truly underway with implementation of the Employment Rights Act 2025 (“ERA 2025”) and October brings the next tranche of changes that employers will need to be ready for.

art
  • 02 September 2026
  • Immigration

Mandatory MFA for Sponsor Management System Users: What Sponsors Need to Know

The Home Office is introducing a significant security change to the Sponsor Management System (SMS). From 3 September 2026, the Home Office will begin a phased rollout of mandatory Multi-Factor Authentication (MFA) for SMS users.