Shabana Bukhari 
In this blog, readers will gain a comprehensive understanding of the British Citizenship Residency requirements for acquiring citizenship through naturalization in Swindon. This encompasses the essential timeframe that applicants need to reside in the UK, along with the documentation necessary to substantiate their British Citizenship Residency.
Necessary duration
For those married to a British national you must have lived in the UK for at least 3 years prior to the date you make the application for British citizenship by naturalisation.
For the rest of applicants (or those not married to a British national), you must have lived in the UK for at least 5 years prior to the date of your application.
You must also possess one of the following for 12 months:
- Indefinite leave to remain in the UK (ILR).
- ‘Settled Status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’). Read about the Settlement Scheme here: Settled Status.
- Indefinite leave to enter the UK (which is permission to move to the UK permanently from abroad).
Continuous residence
Continuous residence means that an applicant must live in the UK uninterrupted (without absences) for a prescribed time period.
Those married to British nationals must not spend:
- More than 270 days overseas in the last 3 years.
- More than 90 days in the last year (12 months).
You must be living in the UK exactly 3 years before the Home Office obtains your application.
Rest of applicants (or those not married to British nationals) must not spend:
- More than 450 days overseas in the last 5 years.
- More than 90 days in the last year (12 months).
You must be living in the UK exactly 5 years before the Home Office obtains your application.
Exceptions
There may be some exceptions decided on by the Home Office if you do are not living in the UK 3 or 5 years before you make an application for British citizenship by naturalisation:
- Health complications.
- Travel restrictions.
- A reversed decision telling you to leave the UK during these 5 or 3 years.
There are also some exceptions to the continuous residence requirement:
- Those applying on Crown Service grounds.
- Those that have previously been or are currently part of the UK armed forces.
- Those that are the spouses (or civil partners) of British nationals in Crown or other designated service abroad.
Proof of British Citizenship Residency Documents
Documents which the Home Office will assess your residence requirement on will generally be a passport or travel document which may have been stamped on arrival and/or departure from the UK.
FAQs about British Citizenship Residency
When does the continuous residence requirement begin?
The continuous residence requirement begins the day your application is received from the Home Office.
What time spent living in the UK can I not include?
The time spent living in the UK that you cannot include as part of meeting the minimum British Citizenship Residency period is time where you were exempt from immigration control. This can include time in the UK as a member of visiting armed forces, a diplomat, or in detention. Therefore, this time in the UK will be treated as absence.
How do I make sure I fulfil the residence requirement without seeking legal advice?
By keeping a record of the time, you have spent outside the UK applicants can see whether they are within or have exceeded the prescribed number of days discussed above.
How long does an application for British Citizenship Residency in Swindon take?
Home Office processing times for British citizenship by naturalisation applications are estimated on their guidance to take 6 months.
After I have been granted ILR can I make an application for British Citizenship Residency in Swindon?
You may make an application for British citizenship after being granted ILR straight away if you are married to a British national. However, if you are not married to a British national then you must wait 12 months before making a citizenship application.
Am I able to travel overseas once submitting my British Citizenship Residency application?
Yes, you can travel overseas once submitting your application for British citizenship. But ensure that you are meeting the continuous residence requirement discussed above. Also, you must provide biometric information within 45 days from submitting your application so ensure that you are able to be in the UK to undertake this task.
How much does an application for British citizenship by naturalisation cost?
It costs £1,330 and a fee of £80 must also be paid for a citizenship ceremony if your application is successful.
Due to the Covid-19 pandemic I believe that I am unable to meet the strict residence requirement. Does this mean that my British Citizenship Residency application is likely to be refused?
Not necessarily. The Home Office when reviewing applications understand the impact that Covid-19 has had on travel restrictions and therefore our team at Henleaze can review your individual situation and advise on whether your application is likely to be accepted.
Summary
Fulfilling the residence requirement is key when applying for British Citizenship Residency in Swindon. However, there are exceptional circumstances which allow for flexibility to the residence requirement. These circumstances can only be proved with solid evidence which our team at Henleaze can put together.
Please contact our expert team of immigration lawyers at Henleaze Law on 0117 908 4625 for legal assistance. We will aid you in meeting the residence requirement for British citizenship and review whether you are eligible for any exceptions.
