Naturalisation as a British citizen is governed by sections 6(1) and 6(2) of the British Nationality Act 1981, supplemented by the British Nationality (General) Regulations 2003 and the Home Office nationality policy guidance. Section 6(1) is the standard five-year route used by Skilled Worker visa holders, ancestry visa holders, and most other work-route migrants who have obtained indefinite leave to remain. Section 6(2) is the accelerated three-year route available only to applicants who are married to, or the civil partner of, a British citizen. Both routes require indefinite leave to remain (or settled status under the EU Settlement Scheme), the good character test, the Life in the UK test, an English or Welsh language qualification at B1 level, and an intention to make the UK your home. The application is made on Form AN, the fee is £1,500 per adult as of 2025, and a further £80 is charged for the citizenship ceremony that all successful applicants aged 18 or over must attend within three months of approval. Decisions can take six to twelve months, refusals cannot be appealed to the First-tier Tribunal, and the only avenue of challenge is judicial review in the Administrative Court.
The statutory basis: sections 6(1) and 6(2)
Section 6(1) of the British Nationality Act 1981 permits the Secretary of State to register a person as a British citizen if the applicant is of full age and capacity, has been resident in the United Kingdom for the five years immediately preceding the application, has been free from immigration time restrictions for at least the last twelve months, has not been absent from the UK for more than 450 days in the five-year period, and has not been absent for more than 90 days in the last twelve months. The applicant must also satisfy the good character requirement, demonstrate sufficient knowledge of English (or Welsh or Scottish Gaelic), and demonstrate sufficient knowledge of life in the United Kingdom. The "free from immigration time restrictions for twelve months" requirement means the applicant must have held indefinite leave to remain — or equivalent settled status — for at least a year before applying. This produces the typical five-plus-one timeline: five years of qualifying residence, ILR, then twelve months on ILR before the Form AN can be submitted.
Section 6(2) is the spouse-of-British-citizen route and relaxes three of the section 6(1) requirements. The residence period is reduced from five years to three years; the 450-day absence limit is reduced to 270 days over the three-year period; and the twelve-month ILR waiting period is removed entirely, so the applicant can apply for naturalisation immediately on being granted ILR. The 90-day absence limit in the final twelve months still applies, as do the good character, language, and Life in the UK requirements. The applicant must demonstrate that they are the spouse or civil partner of a British citizen and that the British citizen spouse is resident in the UK (or in Crown service abroad) — a spouse who has moved abroad permanently does not qualify the applicant for the section 6(2) route. The three-year clock runs from the date of marriage or civil partnership, not the date of first entry, so an applicant who married a British citizen in 2023 but arrived in the UK only in 2024 cannot apply under section 6(2) until 2027.
| Requirement | Section 6(1) — standard | Section 6(2) — spouse of British citizen |
|---|---|---|
| Qualifying residence | 5 years | 3 years (married/civil partner) |
| ILR waiting period | 12 months on ILR before applying | None — can apply immediately on ILR |
| Total absences in qualifying period | ≤ 450 days | ≤ 270 days |
| Absences in final 12 months | ≤ 90 days | ≤ 90 days |
| Good character | Required | Required |
| Life in the UK test | Required | Required |
| English/Welsh/Gaelic | B1 CEFR | B1 CEFR |
| Form AN fee (2025) | £1,500 | £1,500 |
| Ceremony fee | £80 | £80 |
Residence, absences, and the 450/270 day limits
The absence limits are the most common reason for naturalisation refusal, and the Home Office applies them with mechanical precision. For section 6(1) applicants, the total absences over the five-year qualifying period must not exceed 450 days, and absences in the final twelve months must not exceed 90 days. For section 6(2) applicants, the total absences over the three-year period must not exceed 270 days, and absences in the final twelve months must not exceed 90 days. The absences are counted as the number of days the applicant was outside the UK. The Home Office will request the applicant's passport to verify travel dates and will cross-check against border force records, so discrepancies must be explained in a covering letter.
The Secretary of State retains discretion under section 6(1) and 6(2) to disregard excess absences in exceptional circumstances. The Home Office nationality guidance lists examples: a posting abroad by the applicant's UK employer, service as a Crown servant, a serious illness of the applicant or a close family member, and unavoidable travel delays. Discretion is more readily exercised where the excess is modest and the applicant's life and work remain centred in the UK. An applicant with 470 days of absence who can show that 25 days were caused by an unavoidable overseas posting has a reasonable chance of discretion; an applicant with 600 days whose life has plainly been lived abroad has no realistic prospect. Discretion is also available for the 90-day limit in the final twelve months, but the threshold is tighter.
The good character test
The good character requirement is set out in section 6(1) and Schedule 1 to the 1981 Act and is fleshed out in the Home Office good character guidance (last updated April 2025). The test applies to all applicants aged ten or over and is assessed across six domains: criminal record, immigration compliance, financial soundness, deception, international crimes (including war crimes and sexual offences), and notoriety. A criminal conviction is not automatically disqualifying, but recent or serious convictions weigh heavily: the guidance generally refuses applications where the applicant has a custodial sentence of any length within the past ten years, or a non-custodial sentence (fine, community order, suspended sentence) within the past three years. Fixed penalty notices (such as speeding tickets) are not generally treated as convictions, but repeated fixed penalties can raise a notoriety concern.
Immigration compliance is the most scrutinised domain after criminal record. The Home Office will refuse an application where the applicant has breached immigration law in the past ten years, including overstaying a visa (even briefly), working in breach of visa conditions, using deception in a previous immigration application, or entering the UK illegally. Financial soundness is assessed through credit checks and Insolvency Service records: undischarged bankruptcy, an active individual voluntary arrangement (IVA), an unpaid county court judgment (CCJ), or significant unpaid council tax will all weigh against the application. Applicants with tax debts to HMRC must show that they have filed all returns and have a payment plan in place; an applicant who has not filed a tax return for a year in the past five will typically be refused. The deception domain covers lies told to the Home Office, to other government departments, or in connection with any immigration application — a single false statement on a 2018 visa application can ground a 2025 naturalisation refusal.
Knowledge of language and Life in the UK
The knowledge of language and life in the UK requirement has two components. The first is the Life in the UK test, a 24-question multiple-choice exam based on the official handbook "Life in the United Kingdom: A Guide for New Residents" (3rd edition, 2013). The pass mark is 75% (18 out of 24) and the test costs £50 per attempt, taken at one of approximately 30 test centres across the UK. There is no limit on the number of attempts, and the questions are drawn from a bank of approximately 400, so most applicants pass within two attempts. The test covers British history, the structure of government, the legal system, values and principles, and notable cultural and historical figures. Applicants who have already passed the test for ILR do not need to retake it — the pass is valid for life.
The second component is the English language requirement at level B1 on the CEFR. Applicants can satisfy the requirement in four ways: passing a Secure English Language Test (SELT) at B1 level at a Home Office-approved centre (IELTS SELT Consortia or Trinity College London); holding a degree taught in English and recognised by Ecctis (formerly UK NARIC); being a national of a majority-English-speaking country on the Home Office list (United States, Canada, Australia, New Zealand, Ireland, Jamaica, and several Caribbean nations); or having already met the requirement for ILR. The test fee is approximately £150, and the certificate is valid for two years. Applicants aged 65 or over are exempt from both the language and the Life in the UK test. Applicants with a long-term physical or mental condition that prevents them from learning English may apply for an exemption on Form EX1, supported by medical evidence.
Fees, the Form AN, and the typical timeline
The Form AN application fee is £1,500 per adult as of 2025, set by the Immigration and Nationality (Fees) Regulations and updated each April. The fee is payable online at the point of submission and is non-refundable if the application is refused — only a small administrative refund (currently £80, equal to the ceremony fee) is returned on refusal. The Form AN is a 30-page online form that collects personal details, residence history for the past five years (or three years for section 6(2) applicants), employment history, travel history, immigration status, family details, criminal record, and good character declarations. The applicant must upload supporting documents: the current passport, the BRP or digital immigration status, the Life in the UK pass certificate, the English language certificate, two referee declarations (one professional and one of British-citizen standing), and evidence of residence such as utility bills, council tax bills, and bank statements.
The typical timeline from submission to decision is six to twelve months, although complex cases — those involving criminal record disclosures, immigration compliance issues, or large absence counts — can take eighteen months or more. The Home Office will conduct biometric enrolment at a UK Visa and Citizenship Application Services (UKVCAS) centre, with appointments costing £50 to £100. The Home Office may request additional documents during the assessment (a "consideration request"), which pauses the timeline until the applicant responds. Once approved, the applicant receives a decision letter inviting them to attend a citizenship ceremony within three months; once refused, the applicant receives a refusal letter explaining the reasons and the limited avenues of challenge. The processing time for section 6(2) applications is generally no shorter than for section 6(1) — the three-year residence reduction applies to eligibility, not to the Home Office decision time.
The citizenship ceremony and the £80 fee
Every successful naturalisation applicant aged 18 or over must attend a citizenship ceremony within three months of the decision letter, or the approval lapses and a fresh application (with a fresh £1,500 fee) must be made. The ceremony fee of £80 is included in the original £1,500 application fee and covers the local authority's costs in hosting the ceremony and issuing the certificate of naturalisation. Ceremonies are conducted by the local register office in the applicant's borough or county, typically in groups of 20 to 50 new citizens, and include the Oath of Allegiance (or, for those who object on religious or conscience grounds, the Affirmation of Allegiance) and the Pledge of Loyalty to the United Kingdom. The applicant receives a certificate of naturalisation (Form NAT) at the end of the ceremony, which is the legal evidence of British citizenship and is required to apply for a British passport.
Private ceremonies are available for an additional fee (typically £80 to £200) for applicants who prefer a quieter setting or who wish to bring more than the two guests allowed at the standard group ceremony. Applicants who cannot attend a ceremony within the three-month window because they are abroad or unwell can apply for an extension, but the extension is discretionary and the Home Office will typically require evidence of the reason. An applicant who misses the three-month deadline without an approved extension loses the grant of naturalisation — the £1,500 fee is forfeited and a fresh application must be made. After the ceremony, the applicant can apply for a British passport using the certificate of naturalisation; the passport application fee is £93.50 for a standard 34-page adult passport (online application, 2025 fee) and the typical processing time is three to six weeks.
Refusals and judicial review
Naturalisation decisions are unusual in UK immigration law because there is no statutory right of appeal to the First-tier Tribunal. Section 6(2) of the 1981 Act gives the Secretary of State discretion to grant or refuse citizenship, and that discretion is exercised by the Home Secretary personally (in practice, by Home Office officials acting on her behalf). A refusal letter will explain the reasons — typically one of the absence limit, the good character test, or insufficient evidence of residence — but the applicant cannot appeal to a judge for a merits review. The only avenue of challenge is judicial review in the Administrative Court of the King's Bench Division, which reviews the lawfulness of the decision rather than its merits. A judicial review challenge can succeed where the Home Office has misapplied the law, failed to consider relevant evidence, or reached a decision that no reasonable Secretary of State could have reached — but the court will not substitute its own view of whether the applicant should have been granted citizenship.
Judicial review must be filed "promptly and in any event within three months" of the refusal, under Civil Procedure Rule 54.5. The pre-action protocol letter — sent to the Home Office before the claim is filed — sometimes leads to a reconsideration and a fresh decision, but in most cases the Home Office maintains the refusal. Legal costs for a judicial review claim typically run from £8,000 to £25,000, with an adverse costs order of up to £35,000 if the claim fails and the applicant is not protected by a cost-capping order. The realistic prospect of success in a naturalisation judicial review is modest: the court will intervene only where the Home Office has made a clear error of law or procedure, not where the dispute is about how the discretion was exercised. Many applicants whose refusals are based on absence or good character issues choose to wait — fixing the underlying issue and reapplying is often faster and cheaper than a judicial review challenge.
Case studies
A 38-year-old Indian national entered the UK on a Skilled Worker visa in September 2019 to work as a software engineer for a London fintech, sponsored at a salary of £58,000. The visa was renewed in 2022 at a salary of £72,000, and the applicant applied for ILR on Form SET(LR) in August 2024, paying the £2,885 fee. The applicant had been absent from the UK for a total of 87 days during the five-year qualifying period, well within the 180-day annual limit for ILR. ILR was granted in November 2024, and the applicant waited twelve months before applying for naturalisation on Form AN in December 2025, paying the £1,500 fee plus the £80 ceremony fee.
The applicant had no criminal record, had filed UK tax returns every year, and had passed the Life in the UK test in 2024 for ILR. The total absences in the five-year period for naturalisation were 94 days, well within the 450-day limit. The applicant's two referees were a British citizen chartered accountant who had known the applicant for six years and a British citizen colleague who had known the applicant for three years. The Form AN was approved in August 2026 after an eight-month processing time, and the applicant attended the citizenship ceremony in September 2026. Total cost from ILR to citizenship: £1,580 in fees, plus £93.50 for the subsequent British passport application. Total elapsed time from initial UK entry to British citizenship: seven years (five years on Skilled Worker, one year on ILR waiting, one year on Form AN processing).
A 31-year-old Brazilian national married a British citizen in June 2022 and entered the UK on a spouse visa in September 2022. The spouse visa was granted for an initial 33-month period, and the applicant applied for further leave to remain in May 2025 and for ILR in September 2025 after three years' residence, paying the £2,885 ILR fee. The applicant had passed the A1 English test for the initial spouse visa, the B1 English test for ILR, and the Life in the UK test in July 2025. The applicant had been absent from the UK for a total of 41 days during the three-year qualifying period, well within the 270-day limit for section 6(2) naturalisation.
ILR was granted in December 2025, and the applicant applied for naturalisation under section 6(2) immediately, in January 2026 — the twelve-month ILR waiting period does not apply to spouse-route applicants. The applicant's criminal record was clean, the financial position was sound (joint income with the spouse of £95,000, no debts or IVAs), and the applicant had filed UK tax returns for 2023 and 2024. The application was approved in October 2026 after a nine-month processing time, and the applicant attended the ceremony in November 2026. Total cost from spouse visa to citizenship: approximately £13,500 in fees across the spouse visa, FLR, ILR, and Form AN applications, plus approximately £300 in English test and Life in the UK test fees. Total elapsed time from UK entry to British citizenship: four years and two months — roughly half the time of the section 6(1) route.
A 45-year-old Nigerian national entered the UK on a Skilled Worker visa in March 2019 as a senior project manager for a British engineering consultancy, sponsored at a salary of £78,000. He obtained ILR on Form SET(LR) in March 2024, paying the £2,885 fee, and waited the twelve-month ILR period before filing Form AN in April 2025. His absence history over the five-year qualifying period totalled 478 days — 28 days over the 450-day limit — because his employer had posted him to a client project in Lagos for two extended periods totalling 220 days between 2021 and 2023. He filed Form AN in April 2025 without seeking legal advice, paid the £1,500 fee plus the £80 ceremony fee, and received a refusal letter in November 2025 citing the excess absences under section 6(1) of the British Nationality Act 1981.
He then retained a nationality solicitor in December 2025 at a fixed fee of £1,800 plus VAT, who advised that the Secretary of State retains discretion to disregard excess absences in exceptional circumstances under the Home Office nationality guidance. The solicitor prepared a reconsideration request with supporting evidence: a letter from the employer confirming the Lagos postings were temporary and necessary for client delivery, the applicant's UK employment contract showing continued UK payroll throughout, UK tax returns for all five years showing resident filing status, mortgage statements showing the applicant retained his London home throughout, and evidence that the applicant's spouse and children remained in the UK during the absences. The Home Office reconsidered the application in March 2026 and exercised discretion under section 6(1), granting naturalisation. The applicant attended the citizenship ceremony in April 2026. Total cost: £1,500 original fee (not refunded on reconsideration), £80 ceremony fee, and £2,160 in solicitor fees. The case illustrates that the discretion mechanism is real and accessible, but requires documentary evidence tailored to the Home Office guidance factors — a bare request for discretion without supporting documents would almost certainly have failed.
Common mistakes
- Applying before the twelve-month ILR waiting period has elapsed (section 6(1)) — Section 6(1) requires the applicant to have been free from immigration time restrictions for twelve months before applying. Applicants who file even a week early will be refused and the £1,500 fee forfeited. Set the filing date at least a week after the ILR anniversary.
- Exceeding the absence limits without seeking discretion — An applicant with 460 days of absence in the five-year period (10 days over the 450-day limit) who applies without a covering letter explaining the excess will be refused. A short letter explaining the excess absences and the discretionary grounds (employer posting, family illness) can convert a refusal into an approval.
- Not disclosing a minor conviction — The good character declaration asks about all convictions, including spent convictions under the Rehabilitation of Offenders Act 1974. Spent convictions are not automatically disqualifying but must be disclosed; failure to disclose is treated as deception and grounds for refusal — and for revocation of citizenship if discovered later.
- Using the wrong referees — The two referees must meet strict criteria: one must be a professional person (doctor, accountant, teacher) and the other must be a British citizen passport holder aged 25 or over who has known the applicant for at least three years. Using a relative, a non-British citizen, or someone who has known the applicant for less than three years will invalidate the application.
- Letting the Life in the UK pass certificate expire without uploading it — The pass certificate is valid for life, but the applicant must upload a copy with Form AN. Applicants who passed the test years ago and have lost the certificate can request a replacement from the test provider, but this takes two to four weeks and can delay filing.
- Missing the three-month ceremony deadline — An applicant who is abroad or unwell and misses the three-month ceremony window without an approved extension loses the grant of naturalisation and the £1,500 fee. Apply for an extension in writing as soon as the conflict is known, supported by evidence (flight booking, medical certificate).
When to consult a professional
Most naturalisation applications are routine and can be self-managed by applicants with a clean immigration history, no criminal record, modest absences, and straightforward employment. A solicitor consultation is strongly recommended where any of the following apply: a criminal conviction (spent or unspent) within the past ten years; an immigration compliance breach (overstay, working in breach, deception) within the past ten years; absences close to or over the 450-day (or 270-day) limit; an undischarged bankruptcy, an IVA, or significant unpaid debts; or any prior refusal of a UK visa, ILR, or naturalisation application. A solicitor can also assist with the strategic choice between section 6(1) and section 6(2) where the applicant is in a long-term relationship with a British citizen but has not yet married, since the three-year reduction is available only to spouses and civil partners.
Hourly rates for UK nationality solicitors range from £200 to £400 per hour plus VAT, and fixed-fee packages for Form AN preparation typically run from £800 to £2,000 plus VAT. Judicial review of a naturalisation refusal is a specialist area, with costs typically £8,000 to £25,000. For more on the broader UK settlement framework, see our UK ILR eligibility guide, our continuous residence rules, and our Life in the UK test guide.
Frequently asked questions
No. Both section 6(1) and section 6(2) require indefinite leave to remain (or settled status under the EU Settlement Scheme) at the date of application. An applicant with a pending ILR application cannot file Form AN, and any Form AN submitted before ILR is granted will be refused and the £1,500 fee forfeited. The only exception is where the applicant already holds settled status under the EU Settlement Scheme, which is treated as equivalent to ILR for nationality purposes and can be relied on without a separate ILR application.
Yes. The Form AN good character declaration specifically asks about all convictions, including spent convictions, and the Home Office good character guidance confirms that spent convictions must be disclosed for nationality purposes (the Rehabilitation of Offenders Act 1974 does not apply to nationality decisions). A spent conviction is not automatically disqualifying, but failure to disclose is treated as deception and grounds for refusal — and for revocation of citizenship if discovered later.
No. Section 6(2) of the British Nationality Act 1981 removes the twelve-month ILR waiting period for applicants who are the spouse or civil partner of a British citizen. You can apply for naturalisation immediately on being granted ILR, provided you meet the three-year residence requirement, the 270-day absence limit, and the other eligibility criteria. The 90-day absence limit in the final twelve months still applies, as do the good character, language, and Life in the UK requirements.
For more on the broader UK settlement framework, see our UK ILR eligibility guide, our UK spouse visa to ILR guide, and try our UK ILR calculator to verify your absence history before applying.
Last reviewed June 24, 2026. This article is informational and does not constitute legal, tax, or financial advice. Consult a qualified professional for guidance specific to your situation.