Shabana Bukhari 
In todays blog we will focus on the residence requirement for British citizenship by naturalisation which is the most common way of applying for citizenship. You will learn about the minimum residency period, continuous residence, and exceptions to the rule.
Why is the British Citizenship Residence Requirement important?
The residence requirement is part of the eligibility criteria that an applicant for British citizenship by naturalisation must pass. Read the other requirements here: British citizenship
Minimum British Citizenship residency period
For those married to a British national you must have lived in the UK for at least 3 years.
For the rest of applicants (those not married to a British national), you must have lived in the UK for at least 5 years.
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’)
- Indefinite leave to enter the UK (which is permission to move to the UK permanently from abroad)
Continuous British Citizenship residence
Continuous residence means that an applicant must live in the UK uninterrupted (or without absences) for a prescribed time.
Those married to British nationals:
- No more than 270 days overseas in the last 3 years.
- No 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:
- No more than 450 days overseas in the last 5 years.
- No 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 evaluated by the Home Office if you are not living in the UK exactly 5 years before your application is obtained:
- Health complications.
- Travel restrictions.
- A reversed decision telling you to leave the UK during these 5 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.
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
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 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.
Summary
The residence requirement is key when applying for British citizenship by naturalisation. A record must be kept of the time you have spent outside the UK to show that this does not exceed the prescribed number of days discussed above.
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.
