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
  • 23 October 2025
  • Employment Rights Bill

Government launches Employment Rights Bill consultations – key changes employers need to know

The Employment Rights Bill is a draft law set to significantly expand workers’ rights. The Government has now launched the first round of consultations.

art
  • 23 October 2025
  • Privacy and Data Protection

AI and Data Protection – Is Fair and Transparent Privacy Possible?

We live in a digital world. Every facet of daily life is governed to some degree by phone, web or some form of connected technology.

art
  • 16 October 2025

Chambers and Partners 2026: Clarkslegal’s continued commitment to excellence

Clarkslegal is delighted to announce that we have once again been recognised by Chambers and Partners as a leading firm in their 2026 guide.

art
  • 15 October 2025
  • Immigration

Registering a child as a British Citizen: A guide to section 3(1) applications

This article explains the process of registering a child as a British citizen under section 3(1), including the eligibility criteria, the Home Office approach, and key factors that influence whether an application is approved.

art
  • 15 October 2025
  • Commercial Real Estate

A commercial lease in England: a few essential points to consider

Thinking about a commercial lease in England? Whether your lease is short or long, here are five essential clauses to keep in mind during negotiations.

art
  • 13 October 2025
  • Privacy and Data Protection

AI and Data Protection: key legal developments in 2025 – 2026

The rapid integration of artificial intelligence into the workplace continues to reshape how organisations manage data, recruitment, and decision-making. Alongside this technological shift, UK and international regulators are introducing new legal frameworks designed to balance innovation with accountability.