General information: all British nationals (accessible)
Updated 17 June 2026
Version 5.0
This guidance covers cross cutting elements of Nationality applications,
About this guidance
This guidance tells Home Office staff about cross cutting elements of nationality applications. It also provides guidance on common problems that you may encounter.
Contacts
If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Nationality Policy team.
If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.
Publication
Below is information on when this version of the guidance was published:
-
version 5.0
-
published for Home Office staff on 15 June 2026
Changes from last version of this guidance
Amendments made to the section on ceremonies, oath and pledge, determination of applications and reconsideration to make them clearer. General updating following review
Nationality law
This page tells you about the law on nationality applications.
You must consider nationality applications in line with the relevant law and regulations, which will depend on the type of claim the applicant is making. In addition to the specific requirements that an applicant must meet, there are separate regulations (statutory regulations) which set out general processes, which include:
-
how applications should be made
-
who they should be sent to
-
what information is required
-
who should administer an oath or affirmation of allegiance
-
what fee is payable
The regulations that currently apply to applications for British citizenship are:
-
The British Nationality (General) Regulations 2003, which came into operation on 1 April 2003
-
The Immigration and Nationality (Fees) Regulations 2012, which came in to operation on 6 April 2012 and are only current for applications made on or after 6 April 2012
-
The Immigration and Nationality (Cost Recovery) (Fees) Regulations 2016, which apply to all applications made on or after 18 March 2016
The regulations which apply to British Overseas Territories citizenship are:
- The British Nationality (Overseas Territories) Regulations 2007, which came into operation on 3 December 2007
Related external links
Archive of all statutory instruments
Birth on a ship or an aircraft
This page tells you how to consider the impact of someone being born on a ship or on an aircraft.
Under section 50(7) of the British Nationality Act 1981, a person born outside the UK on or after 1 January 1983 aboard a ship, including a hovercraft or aircraft is regarded, for the purposes of the 1981 Act, as having been born in the UK if, at the time of the birth:
-
the ship or aircraft was registered in the UK
-
the ship or aircraft was unregistered, but belonged to the Government of the UK; and either:
-
their father or mother was a British citizen
-
they would otherwise have been born stateless
-
In relation to any time between 1 January 1983 and 20 May 2002 (inclusive), the provisions of section 50(7) apply to the British overseas territories by substituting references to a British overseas territory and British overseas territories citizen for references to the UK and British citizen respectively.
Under section 50(7A), a person born outside a qualifying territory on or after 21 May 2002 aboard a ship (including a hovercraft) or aircraft is regarded, for the purposes of the Act, as having been born in that territory if, at the time of the birth:
-
the ship or aircraft was registered in the that territory
-
the ship or aircraft was unregistered but belonged to the Government of that territory; and either
-
their father or mother was a British citizen or a British overseas territories citizen
-
they would otherwise have been born stateless
-
Under section 50(7B), a person born outside a British overseas territory, other than a qualifying territory, on or after 21 May 2002 aboard a ship (including a hovercraft) or aircraft is regarded, for the purposes of the Act, as having been born in that territory if, at the time of the birth:
-
the ship or aircraft was registered in that territory
-
the ship or aircraft was unregistered but belonged to the Government of that territory; and either
-
their father or mother was a British overseas territories citizen
-
they would otherwise have been born stateless
-
If the person can be regarded as having been born in the UK, they may be:
-
a British citizen under section 1(1)
-
a British overseas territories citizen, a British Overseas citizen or a British subject under paragraph 1 of Schedule 2
If the person cannot be regarded as having been born in the UK, you must check if they are:
-
a British citizen under section 1(1) (if born in a qualifying territory on or after 21 May 2002)
-
a British citizen under section 2(1) of the British Nationality Act 1981 (if born before 21 May 2002 or on or after 21 May 2002 outside the qualifying territories) or under section 1(2) of the British Nationality (Falkland Islands) Act 1983
-
a British citizen, a British Overseas citizen or a British subject under paragraph 2 of Schedule 2
If the person can be regarded as having been born in a British overseas territory, they may be:
-
a British citizen under section 1(1) (if born in a qualifying territory on or after 21 May 2002)
-
a British overseas territories citizen under section 15(1)
-
a British citizen (if born before 21 May 2002 or outside the qualifying territories on or after 21 May 2002), a British Overseas citizen or a British subject under paragraph 2 of Schedule 2
If the person cannot be regarded as having been born in a British overseas territory, you must check if they are:
-
a British citizen under section 2(1)
-
a British overseas territories citizen under section 16(1)
-
a British overseas territories citizen, a British Overseas citizen or a British subject under paragraph 1 of Schedule 2
A person who is a British citizen under paragraph 2 of Schedule 2 is a British citizen by descent.
A person who is a British overseas territories citizen under paragraph 1 of Schedule 2 is a British overseas territories citizen by descent.
Related content
British citizenship: automatic acquisition
Automatic acquisition as a BOTC
BOTC ‘by descent’ and ‘otherwise than by descent’
Nationality applications
This page tells you about the requirements that an application must meet to be considered.
Applicants are not required by law to submit their applications on set forms. You must therefore treat any request for British citizenship as an application, providing it contains the applicant’s:
-
full name
-
address
-
date and place of birth
-
declaration stating that the contents are true, which includes either or both a full name or signature
However, if the applicant uses the published application form, the caseworker will have the relevant information at the outset. Applicants are encouraged to apply online.
An application must also be accompanied by the relevant fee and submitted to the appropriate authority for the country in which they are applying.
Persons applying for British citizenship must provide biometric information.
If an application is received without the full fee or biometrics, the applications will be rejected. Any partial fee that had been provided will be refunded.
Appropriate receiving authorities
In order for an application to be considered as having being made it must have been submitted to:
-
the Home Secretary if, on the date of receipt, the applicant is in Great Britain or Northern Ireland
-
the Lieutenant-Governor if, on the date of receipt, the applicant is in any of the Islands - for example the Channel Islands or the Isle of Man
-
the appropriate Governor if, on the date of receipt, the applicant is in a British overseas territory
-
if the applicant is elsewhere to the Secretary of State at the Home Office
Date of application
The date of application is the date it is received by the appropriate receiving authority, as defined above.
Where an application for a fee waiver for a child under 18 is received that contains all the relevant information, the date it is received can be treated as the date of the subsequent registration application. This is particularly relevant if the person has turned 18 between making the fee waiver application and sending in their application form.
Application Fees
The relevant fee for an application will be that in force on the date of application. details of the current fees that apply can be found on GOV.UK.
The overall fee for British citizenship comprises 2 elements. They are:
-
fee for handling and processing the application - none of this is refundable if the application is refused or withdrawn after biometrics have been enrolled
-
citizenship ceremony fee - this is paid by applicants who are required to attend a citizenship ceremony - it is refunded to applicants whose applications are refused or withdrawn - a person who applies when they are under the age of 18, but turns 18 before the application is granted, will need to attend a ceremony and pay the fee.
Who can make an application?
Individuals must normally make their own application, but there are some exceptions where another person may make the application on their behalf:
-
where the applicant is a child and their parent(s) or someone with parental responsibility is making the application
-
where the applicant is not able to make the application themselves due to a disability
-
where a representative is being used
An application cannot be made on behalf of an adult without their knowledge or agreement, unless the person making the application has the legal authority to make decisions on their behalf.
Referees
All applicants for British citizenship must provide 2 referees to establish their identity. You must only contact the referees if this could resolve concerns about the application and you have the authority from a senior caseworker to do so.
You must ensure that the following requirements are met:
-
the referee must have known the (adult) applicant for at least 3 years
-
one referee can be of any nationality but must be a professional person
-
the other referee must be a holder of a British citizen passport and either a professional person or over the age of 25
The referee must not:
-
be related to the applicant or the other referee
-
be the applicant’s representative
-
be employed by the Home Office
-
have been convicted of an imprisonable offence in the last 10 years
For child applicants at least one of the referees must be a person who has dealt with the child in a professional role such as a teacher, doctor, health visitor or social worker. Where a child cannot provide a referee who has dealt with them in a professional capacity and has provided documents to show that they have attempted to do so, you can accept 2 referees who meet the criteria for referees on adult applications.
Where the applicant is living outside of the UK and does not know a British citizen passport holder who is a professional or over the age of 25, a Commonwealth citizen or a citizen of the country in which they are residing may complete and sign the form providing they meet the other requirements and the consul considers their signature to be acceptable.
Referees that do not meet the requirements
If it is clear from the information provided that a referee does not meet the requirements, you must ask the applicant to provide a different referee.
Photographs
People applying using the paper forms must include a recent passport photograph, which must meet the published standards for passport photographs.
Applications involving persons previously given status in error
Where an individual has been wrongly issued with a British passport or certificate of entitlement to the right of abode, they may have lost age or time related entitlements to citizenship. Providing that you are satisfied that the error was not the result of fraud, dishonesty or deception on the applicant’s part, you must treat their original citizenship, passport or right of abode application as an undetermined application for citizenship and process it accordingly.
This policy will only cover those individuals who meet all of the following criteria:
-
they had been led to believe that they are a British citizen or have a right of abode in the UK
-
they would have had, but no longer have, a route to registration under the British Nationality Act 1948 or the British Nationality Act 1981
-
they do not have a current route to citizenship, for example because they would not be able to meet UK residence requirements
It does not apply where they still have a route to citizenship, for example if they have an entitlement to registration, or are resident in the UK and could apply for naturalisation on that basis. It must not be used where the applicant either did not qualify at the time of the grant or used deception in obtaining it or documents that were used to obtain citizenship.
The person must have met the requirements for registration or naturalisation at the time of the original application, based on the policy guidance in force at the time. Any assessment of the good character requirement must be made based on the date of decision.
The fee payable by the applicant will normally be the fee in place at the time of the original application.
Resolve issues with applications
Application submitted to correct authority with fee
Where an application is received by the correct authority with the appropriate fee but does not include all of the required basic information (full name, address, date and place of birth and declaration); you should give them an opportunity to address this, unless it is clear that they do not meet a mandatory requirement.
Where they provide the required information the date of application will be based on the original date of receipt by the relevant authority and not the date on which the requested information is received.
You must request the missing information and allow the applicant one month to provide this. Where there is a relevant application form this will normally be the best method to collect the required information, but you must not refuse to accept the relevant information if provided in another format.
If no response is received within the given deadline you must write to the applicant informing them that their application is not valid as the details that must be included in all applications have not been provided. You must also arrange for the fee paid to be refunded.
Applications made to the wrong authority
Where an application has been made to the wrong authority you must reject it and advise the applicant that the application has been rejected setting out the reason. You must also refund any fee received as part of the attempted application. You must advise the person if it is known that a subsequent application may be affected by an upcoming change in circumstances such as a fee increase or an applicant’s 18th birthday (meaning that they cannot apply as a minor).
Where the applicant submits a further application to the correct authority, you must take the date of application as being the date the correct application was received on.
Unnecessary applications
You must void an application where it has been submitted for a person who has an automatic claim to British citizenship at the date they apply. The fee paid must be refunded.
Withdrawals
An application can be withdrawn at any time before the applicant formally becomes a British citizen. Where an applicant wishes to withdraw their application you must obtain a written statement to this effect signed by the applicant, or the parent or responsible adult in the case of a minor. If the application is withdrawn before biometrics are enrolled, the application fee is refunded minus a £28 administrative fee for handling the application. If the application is withdrawn after biometrics have been enrolled the application fee must be retained but any ceremony fee must be refunded.
Related content
Biometric guidance
Related external links
Determination of nationality applications
This page provides guidance on common aspects of decision making on nationality applications.
Where a valid application has been made you must determine it by either granting it or refusing it. An application must not be treated as abandoned as there is no statutory authority for such a decision.
Approvals
Where it has been decided to grant an application and the applicant needs to attend a citizenship ceremony to make the oath and pledge, you must issue an invitation letter and advise the applicant to contact the relevant local authority in order to arrange attendance at a citizenship ceremony within 3 months to make the oath of allegiance and pledge. If the person cannot be contacted by email, you must send the letter to the last known address even if the applicant or representative is believed to have moved. Where there is no last known address, no letter should be sent. The case record should be updated to note that the application is undecided but refusal action must be taken.
Where no ceremony or oath or affirmation is required, the issue of the certificate to the applicant or representative constitutes notification of the decision to grant the application. If the applicant or representative is in the UK you must send the certificate to the last known address.
In non-ceremony cases you must not send certificates of registration or naturalisation to an applicant or representative’s address if it is clear that the address is no longer current and you are unable to establish the applicant or representative’s whereabouts. In these cases, where a complete address exists, you must write to applicant or representative asking them to contact us and to claim the certificate. If no reply is received or there is no complete address the file should be sent to storage (lay-by).
Refusals
Where an application is made under an entitlement provision,the Secretary of State must register the applicant if satisfied the statutory requirements are met. If the Secretary of State is not satisfied (on the evidence provided and any enquiries) the statutory requirements are met, the application must be refused.
Decision letters in entitlement cases must avoid implying that registration has been refused as a matter of discretion. Wording must make clear the application is refused because the statutory requirements for entitlement are not met or have been demonstrated.
In naturalisation and discretionary registration cases, the letter to the applicant or representative should make it clear that the application has been refused.
Service of refusal decisions
Where the applicant’s address is known, or they have an authorised representative acting on their behalf, the refusal decision must be returned to that address.
Where the applicant cannot be contacted by email and they are no longer at the provided address and the applicant’s current whereabouts are unknown you must record the action taken on the case record and close the case.
Where a refund has been issued in respect of an application which has been refused is returned uncashed and the applicant or representative cannot be located you must contact finance section to arrange cancellation.
Where the applicant is in the UK and does not appear to have leave to remain at the time of refusal Atlas will refer the case for consideration whether removal is appropriate.
Revocation of indefinite leave to remain
Where you are refusing an application and there is reason to suspect that the applicant used deception to obtain their status in the UK, such as claiming to be a national of a country other than their correct nationality, you must consider referring the case for revocation of leave to be considered.
For guidance on when revocation may be appropriate and how to identify where to send a case for consideration see the revocation of indefinite leave.
Where the applicant holds a legacy or paper document showing No Time Limit (NTL) but had not been granted Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) before this you do not need to revoke ILR. NTL is an administrative process used to confirm that an individual was granted ILE or ILR. Given this, where NTL has been issued in error to someone who has not been granted ILE or ILR you must refer the case to the team who granted NTL for them to consider cancellation.
Reconsiderations
This page tells you about when an application can be reconsidered.
Reconsideration is where an application is reviewed to see if the application has been decided correctly. If it is decided that the correct decision was not made, in accordance with the law and the policy in place at the time the decision was made, based on the evidence provided, the application will be re-opened and a fresh decision made.
An application for reconsideration is made on Form NR. The fee payable for reconsideration of an application can be found on Gov.UK. A case may also be reconsidered if we are made aware of an incorrect decision, such as through quality assurance or correspondence.
We expect an application for reconsideration to be submitted within 6 months of the date that the decision was made.
Assessing whether the decision was made correctly
You must review the initial application and consider whether the decision was taken correctly. You must decide whether the caseworker made the correct decision based on the legislation and published policy guidance in force at the time. In doing so, you must check that they took into account all the information that was available to them at that point and followed the correct procedure. If you assess that an incorrect decision was made at the time of consideration you must re-open the application.
Examples of where an application can be re-opened include where:
-
the correct requirements or criteria were not used to decide the application
-
the correct process for dealing with an application was not followed
-
the application was refused for lack of a response to enquires when a response had been received but not linked with the application
-
the application was decided without allowing sufficient time for a response or completion of enquiries, in accordance with current processing timescales
-
we failed to take account of relevant documents or information in our possession
-
information that suggested there may be exceptional circumstances was not followed up
-
the application was decided on character grounds due to a criminal conviction which was either later quashed on appeal or involved a case of mistaken identity
If the reconsideration request contains new information or evidence that was not supplied before the initial decision was made, you must not re-open an application. Instead, you must advise the applicant that they would need to make a new application if they still wish to become a British citizen. The application should only be re-opened if the original decision was incorrect based on the available information available at the time.
An application should not normally be reconsidered where it was refused because the applicant had failed to respond to enquiries or failed to arrange a citizenship ceremony, including where this was due to a failing on the part of their representative. However, it may be appropriate to do so in exceptionally compelling circumstances, for example, if the applicant had not received an information or documents request letter or ceremony invitation letter due to an unexpected absence or illness. You must decided whether there is an adequate case, based on nationality law and policy
Re-opening the application
Where the decision was not made correctly in accordance with the law and policy, based on the evidence provided, you must re-open the case and make a fresh decision. There may be other cases where a case is re-opened, for example if we are directed to do so by a court. This does not mean that the application will necessarily be successful: in assessing the application you may decide that the correct decision is to refuse because the person does not meet the relevant requirements.
In making a new decision, you must take into account all the evidence and information that is available to you at the current time, making further enquiries if necessary. The date of application remains the original date, and so you must consider whether the person met any residence requirements at the time the original application was made. If there is a good character requirement it must be met at the time of the new decision. This may mean that the customer fails to meet requirements that they previously met, for example if they have had a conviction since the original application, or have taken up employment overseas and will not now meet the future intentions requirement.
Fees
A fee is paid for an application for reconsideration using Form NR. The fee is refunded where it is recognised that the initial decision was incorrect and the application is re-opened and is successful. If the original decision is upheld, the fee is retained.
In some cases, it may be appropriate to refund the reconsideration fee even if the re-opened application is refused. This could be where we had given the customer the impression that, upon reconsideration, the application would be successful. An example might be if only one reason for refusal was mentioned in the refusal letter, but the person failed more than one requirement.
Trends
Trends in reconsideration applications received from practitioners that make no reference to nationality law or prevailing policy may need to be raised with the Immigration Advice Authority or Law Society.
Certificate (copies)
This page tells you about when you can issue a certified copy of a certificate of registration or naturalisation.
Requests for certified copies must be made on a completed form NC along with the appropriate fee.
Registration before 1 October 1986
Records of applications registered before October 1986 are not held on the system and therefore you must refer individuals who request a certified copy of a certificate issued before this date to the National Archives.
Registration on or after 1 October 1986
Where an individual was registered on or after 1 October 1986, there should be a record of this held on the nationality computer system. Requests made for certificates issued on or after 1 October 1986 are dealt with by the Citizenship Ceremonies Support team (CCST).
CCST process
Where a valid request is received in CCST you must follow the procedure below:
-
decide the request and prepare covering letter if required
-
if granting, produce a new certificate
-
arrange for endorsement to be added
-
sign the certificate on behalf of the Director
-
emboss the certificate and return it to the applicant
Endorsement for a certificate of registration
You must use the following endorsement where you are issuing a copy of a certificate of registration:
‘I hereby certify that this is a true extract of the Home Office Record of the Certificate of Registration issued to (insert name of requester) for Head of Nationality Directorate’
Endorsement for a certificate of naturalisation.
You must use the following endorsement where you are issuing a duplicate copy of a certificate of naturalisation:
‘I hereby certify that this is a true extract of the Home Office record of the Certificate of Naturalisation issued to (insert name of requester) … for Head of Nationality Directorate’
Where the registration took place before 1 January 1949 you must spell naturalisation with a ‘z’ rather than an ‘s’.
Certificates (endorsement)
You can add an endorsement to a certificate of registration or naturalisation:
-
when a person holding British citizenship by registration or naturalisation makes a declaration or renunciation
-
when a registration or naturalisation is declared a nullity or when a person is deprived of citizenship under section 40 of the British Nationality Act 1981
-
when an applicant has made a genuine error over something like a date of birth and supporting evidence is produced
In cases of renunciation, where the certificate has been sent in, you must endorse the certificate accordingly. If the certificate has not been sent in it must be requested.
Endorsements following renunciation
You must use the following endorsement when a person has renounced their British citizenship:
‘The holder made a declaration of renunciation No …….. dated…….’
The endorsements are signed and dated in CCST and embossed with the official Home Office stamp. The endorsed certificate is retained unless the person concerned asks for it to be returned.
You must take care when dealing with certificates of naturalisation issued under the 1914 Act and certificates of registration under section12 (6) of the 1948 Act, where these include the name(s) of the holder’s child or children. In order to make clear that the endorsement does not affect the children you must add the following sentence to the endorsement:
‘This endorsement does not affect the nationality status of any child of the holder whose name is included on this certificate.’
When it is the child (included on a certificate) who has ceased to hold a British status you must replace the words ‘the holder’ in the endorsement with the full name of the child.
Related content
Nationality policy: identity
Ceremonies, oath and pledge
This page tells you about who needs to make an oath or pledge or attend a ceremony and if any exemptions are allowed.
Who needs to make an oath and pledge or attend a ceremony?
Section 42 of the 1981 Act provides that the following people will not become a British citizen unless they make the citizenship oath and pledge at a citizenship ceremony:
-
a person over 18 (at the time of decision) who has applied for registration
-
a person over 18 who applied for a certificate of naturalisation
The following people need to make an oath and pledge before becoming a British overseas territories citizen:
-
a person over 18 who has applied for registration
-
a person over 18 who applied for a certificate of naturalisation
A person over the age of 18 must make an oath of allegiance before being registered as a:
-
British overseas citizen
-
British subject
In the special circumstances of a case, the requirement to make the oath and pledge can be waived. The Act also allows us to modify the requirement, such as allowing the person to make the oath and pledge but not at a ceremony. (See the section on exemptions below.)
The wording of the oath and pledge is given in Schedule 5 to the 1981 Act.
Oath
“I,[name], swear by Almighty God that, on becoming a [British citizen / British overseas territories citizen / Brtiish overseas citizen / British subject], I will be faithful and bear true allegiance to His Majesty King Charles the Third, His Heirs and Successors according to law.”
Pledge
“I will give my loyalty to [the United Kingdom / name of territory] and respect its rights and freedoms. I will uphold its democratic values. I will observe its laws faithfully and fulfil my duties and obligations as a [British citizen / British overseas territories citizen].”
For applicants who wish to affirm rather than swear their allegiance, the form of an oath is changed by removal of the words ‘swear by Almighty God’ and the substitution of ‘do solemnly and sincerely affirm’.
Where a citizenship oath and pledge is required by section 42 of the act to be made at a citizenship ceremony, it must be administered at the ceremony by:
-
a registrar if the ceremony is being held in England, Wales or Scotland
-
for a ceremony held elsewhere, a person authorised to do so by the Secretary of State
In Northern Ireland, ceremonies are organised by Lisburn and Castlereagh City Council. Ceremonies take place at Hillsborough Castle, and the oath and pledge is administered by one of the King’s Lord Lieutenants.
In the British overseas territories, where a person is becoming a British citizen, the oath and pledge are administered at a ceremony by the Governor or Deputy Governor.
In the Channel Islands and Isle of Man, ceremonies are administered by the Lieutenant Governor or someone acting on their behalf.
Elsewhere, ceremonies are arranged by FCDO staff.
Where an applicant is required to attend a citizenship cermony they must normally do so within the time limit of 3 months prescribed by the British Nationality (General) Regulations 1982 (or the British Nationality (General) Regulations 2003, as appropriate). Otherwise the applicant cannot be registered or naturalised unless the Home Secretary decides to extend the period.
When a request for attending a ceremony has been sent, the file should be put on hold for 1 month and a reminder letter sent. The letter makes it clear that a ceremony should take place within 3 months. The file should be put on hold for 2 months.
If the applicant asks for an extension of time and gives an acceptable reason such as a serious illness, an extension of up to 3 months may be allowed (or whatever longer period may be justified by the reason given for the request).
If the person does not attend a ceremony within 3 months of the original request, and an extension has not been granted, the applicant should be informed that it will not be possible for them to become a British citizen because the Home Secretary is not able to register or naturalise a person who has not made the oath and pledge at a ceremony.
Prospective British citizens making the citizenship oath (or affirmation) and pledge in Wales may, if they wish, do so in the Welsh language. The Citizenship Oath and Pledge (Welsh Language) Order 2007 contains the approved translations.
Citizenship Ceremonies Support Team (CCST) is the main contact with local authorities. CCST will liaise with local authorities in regard to citizenship ceremonies. CCST will deal with any requests to extend, transfer or become exempt from a citizenship ceremony after the case has been approved.
Exemptions from the requirement
An exemption may be made, in the special circumstances of a particular case, in respect of any or all of the following:
-
the requirement to attend a citizenship ceremony
-
the requirement to make an oath of allegiance and pledge
-
the time limit for attending a ceremony
Exemptions will be granted only in exceptional circumstances; for example, when a requirement to attend a ceremony would have national security implications or when an applicant cannot attend due to chronic illness or disability. Any such requests made after the application has been approved should, in the first instance, be referred to CCST who will consider the request and refer it to a Deputy Chief Caseworker.
The applicant will not be required to attend a ceremony, if they are making their application in a country where there is no embassy presence to conduct citizenship ceremonies.
Even if a person has been exempted from meeting the language requirement for naturalisation or is being registered as a British citizen (and therefore is not subject to a language requirement), we would still expect them to attend a citizenship ceremony. Attendance is consistent with the Government’s aim that ceremonies should encourage cohesion and facilitate integration into the local community. Applicants whose ability in English is poor should be encouraged to practice repeating the words of the citizenship oath (or affirmation) and pledge prior to the ceremony.
Procedure for ceremonies
Local authorities of other authorisedpersons must arrange for suitable premises to be made available for the purposes of the ceremony and to conduct ceremonies sufficiently frequently in order for applicants to meet the prescribed time limit for making an oath or pledge
Where it is decided to grant an application for registration or naturalisation, you must notify the applicant, in writing, of the decision. You must send the ceremony invitation letter, which the applicant must take to the ceremony to the applicant’s last known address, or to their representative.
The person conducting the ceremony may refuse admission to, or participation in, a ceremony if the applicant fails to produce the ceremony invitation or there are doubts about the applicant’s identity.
The ceremony invitation letter must:
-
advise the applicant to contact the appropriate local authority to arrange attendance at a citizenship ceremony (the letter should contain details of who the applicant should contact to arrange attendance)
-
advise the applicant of the time limit for attending the ceremony
-
enclose the ceremony guidance notes which will confirm what action is required and the oath or affirmation and pledge the applicant will be required to say at the ceremony
-
advise the applicant that the local authority may refuse them permission to take part in the citizenship ceremony if they fail to produce the original ceremony invitation letter when requested on the day of the ceremony
-
advise the applicant that the local authority may require them to produce evidence of identity (including a photograph)
You must also notify the relevant local authority or authorised person of the decision in relation to that applicant and enclose the applicant’s undated certificate of registration or naturalisation. The notification, which will be generated automatically when ’ceremony approved‘ action is taken, will explain to the relevant authority that if the applicant fails to attend a ceremony within the prescribed time limit, the certificate should be returned to the Home Office.
If the applicant asks for an extension of time and gives an acceptable reason, an extension of up to 3 months may be allowed (or whatever longer period may be justified by the reason given for the request). CCST action these requests.
You should normally agree to extend the deadline where:
-
the applicant is temporarily abroad (if this is a naturalisation case under section 6(1) of the BNA 1981, any absence of 6 months or longer may affect the applicants ability to meet the future intentions requirement and the case should be referred to a Senior Caseworker)
-
the applicant (or a close family member) is ill
-
there has been some form of administrative error, either by the Home Office, a Post abroad or the local authority (the ceremony invitation was not received in time or was sent to the wrong address)
Any request for an extension to this time limit for more than 6 months, or which is for a different reason, should be referred to a Deputy Chief Caseworker who will consider it in conjunction with the Nationality Policy team.
The person conducting the ceremony will:
-
administer the oath and pledge
-
date the certificate of registration or naturalisation with the date of the ceremony and issue it to the applicant at the ceremony
-
notify the Secretary of State, in writing, within 14 days of the ceremony that the applicant has made the oath and pledge and confirm the date of the ceremony
Requests to transfer a ceremony to a different venue must only be dealt with by CCST.
British overseas territories citizenship
People over the age of 18 must make an oath and pledge before they can be registered or naturalised as a British overseas territories citizen
The oath and pledge must be administered by one of the following persons:
-
in England and Wales – a registrar, any justice of the peace, commissioner for oaths or notary public: (Barristers, except in Northern Ireland, and practising solicitors have the powers of commissioners for oaths) - a solicitor who is acting for the applicant in connection with the application is not empowered to administer an oath unless also a notary public
-
in Scotland – a registrar, any sheriff principal, sheriff, justice of the peace or notary public (a practising solicitor may also be a notary public)
-
in Northern Ireland, any justice of the peace, commissioner for oaths, notary public, or a person authorised by the Secretary of State
-
in the Channel Islands, the Isle of Man or any British overseas territory - any judge of any court of civil or criminal jurisdiction, any justice of the peace or magistrate, or any person for the time being authorised by the law of the place where the customer is, to administer an oath for any judicial or other legal purpose
-
in any country which His Majesty is King, or in any territory administered by the government of any such country - any person for the time being authorised by the law of the place where the customer is, to administer an oath for judicial or other legal purpose, any consular officer or any established officer of the Diplomatic Service of His Majesty’s Government in the United Kingdom
-
elsewhere - any consular officer, any established officer of the Diplomatic Service of His Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf
-
if the customer is serving in His Majesty’s naval, military or air forces, an oath may be administered by any officer holding a commission in any of those forces, whether the oath is taken in the United Kingdom or elsewhere
Where it is decided to grant an application for registration or naturalisation, you must notify the applicant, in writing, of the decision.
Where an applicant is required to make the oath and pledge they must normally do so within the time limit of 3 months prescribed by the British Nationality (British Overseas Territories) Regulations 2007. Otherwise the applicant cannot be registered or naturalised unless the Governor, acting on behalf of the Home Secretary, decides to extend the period.
If the applicant asks for an extension of time and gives an acceptable reason such as a serious illness, an extension of up to 3 months may be allowed (or whatever longer period may be justified by the reason given for the request).
If the oath and pledge have not been made within 3 months of the original request, the applicant should be informed that it will not be possible for them to become a British overseas territories citizen because the Governor is not able to register or naturalise a person who has not made the oath and pledge.
If the person is becoming a British citizen and British overseas territories citizen at the same time
The Nationality and Borders Act 2022 created provisions to correct historical legislative unfairness, which included routes for individuals to apply to register as British overseas territories citizens (BOTC) and British citizens, where they had missed out on acquiring both those statuses because women or unmarried fathers could not pass on British nationality at the time they were born. A route was also created for the direct descendants of those born on the British Indian Ocean Territory (BIOT), known as Chagossians.
The British Nationality (British Overseas Territories) Regulations 2007 were amended to allow the oath and pledge to be administered in a joint ceremony in such cases. Applicants will first make the BOTC oath and pledge, immediately followed by the British citizenship part of the ceremony.
Oath of allegiance
People registering as a British overseas citizen or British subject must make an oath (or affirmation) of allegiance.
This section may also apply to people registering or naturalising as a British citizen or British overseas territories citizen who have been exempted from attending a ceremony but are still expected to make the oath and pledge.
A stock letter oath request and oath form must be used when the request is to be prepared manually.
An oath of allegiance must be administered and signed by one of the following persons:
-
in England, Wales or Northern Ireland - any justice of the peace, commissioner for oaths or notary public - (Barristers, except in Northern Ireland, and practising solicitors have the powers of commissioners for oaths - a solicitor who is acting for the applicant in connection with the application is not empowered to administer an oath unless also a notary public)
-
in Scotland - any sheriff principal, sheriff, justice of the peace or notary public (a practising solicitor may also be a notary public)
-
in the Channel Islands, the Isle of Man or any British overseas territory - any judge of any court of civil or criminal jurisdiction, any justice of the peace or magistrate, or any person for the time being authorised by the law of the place where the customer is, to administer an oath for any judicial or other legal purpose
-
in any country which His Majesty is King, or in any territory administered by the government of any such country - any person for the time being authorised by the law of the place where the customer is, to administer an oath for judicial or other legal purpose, any consular officer or any established officer of the Diplomatic Service of His Majesty’s Government in the United Kingdom
-
elsewhere - any consular officer, any established officer of the Diplomatic Service of His Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf
-
if the customer is serving in His Majesty’s naval, military or air forces, an oath may be administered by any officer holding a commission in any of those forces, whether the oath is taken in the United Kingdom or elsewhere
Related external links
Citizenship ceremony local authority finder
Commonly used terms in Nationality regulations and guidance
This page provides summaries of terms commonly used in connection with nationality applications.
‘Acceptable professional persons’ means:
-
accountant
-
airline pilot
-
articled clerk of a limited company
-
assurance agent of recognised company
-
bank or building society official
-
barrister
-
British Computer Society (BCS) - professional grades which are Associate (AMBCS), Member (MBCS), Fellow (FBCS)
-
broker
-
chairman or director of limited company
-
chemist
-
chiropodist
-
Christian Science practitioner
-
Commissioner for Oaths
-
councillor: local or county
-
civil servant (permanent)
-
dentist
-
designated premises supervisors
-
director or manager of a VAT registered charity
-
director, manager or personnel officer of a VAT registered company
-
driving instructor (approved)
-
engineer (with professional qualifications)
-
fire service official
-
funeral director
-
insurance agent (full time) of a recognised company
-
journalist
-
Justice of the Peace
-
legal secretary (members and fellows of the Institute of legal secretaries)
-
local government officer
-
manager or personnel officer (of limited company)
-
Member of Parliament
-
member of His Majesty’s Armed Forces
-
Merchant Navy officer
-
minister of a recognised religion
-
nurse (RN, SEN or holder of a BA in nursing)
-
officer of the armed services (active or retired)
-
optician
-
paralegal (certified or qualified paralegals, and associate members of the Institute of Paralegals)
-
person with honours (such as OBE, MBE and so on)
-
personal licensee holders
-
photographer (professional)
-
police officer
-
Post Office official
-
president or secretary of a recognised organisation
-
Salvation Army officer
-
social worker
-
solicitor
-
surveyor
-
teacher, lecturer
-
trade union officer
-
travel agency (qualified)
-
valuers and auctioneers (fellow and associate members of the incorporated society)
-
warrant officers and chief petty officers
‘Alien’ means a person who is neither a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland.
‘Authorised person’ is not defined in the British Nationality Act 1981, but should be taken to be a person authorised by the Secretary of State to conduct citizenship ceremonies and administer the citizenship oath or pledge.
In Northern Ireland, ‘authorised person’ means a Lord Lieutenant.
In the Channel Islands and the Isle of Man, ‘authorised person’ means the Lieutenant-Governor (who may then authorise persons to conduct ceremonies on his behalf).
In a British overseas territory, ‘authorised person’ means the Governor or Deputy Governor, any judge of any court of civil or criminal jurisdiction, any justice of the peace or magistrate, or any person for the time being authorised by the law of the place where the applicant, declarant or deponent is, to administer an oath for any judicial or other legal purpose.
In any Commonwealth country of which His Majesty is King (or in any territory administered by the government of any such country), ‘authorised person’ means any person for the time being authorised by the law of the place where the deponent is, to administer an oath for judicial or other legal purpose, any consular officer or any established officer of the Diplomatic Service of His Majesty’s Government in the United Kingdom.
If the applicant is elsewhere, ‘authorised person’ means any consular officer, any established officer of the Diplomatic Service of His Majesty’s Government in the United Kingdom or any person authorised by the Secretary of State in that behalf.
‘British overseas territory’ means a territory mentioned in Schedule 6 to the British Nationality Act 1981.
‘British protected person’ means:
-
a person who is a member of a class of persons declared to be British protected persons by an Order in Council for the time being in force under section 38 of the BNA 1981
-
a British protected person by virtue of the Solomon Islands Act 1978
A ‘civil partnership’ is a legally-recognised relationship that grants rights, responsibilities and obligations similar to those of married couples. The provisions for dissolution of a civil partnership are similar to, but not identical with, those for dissolution of a marriage.
The meaning of ‘Community’ and ‘Communities’ is not defined in the British Nationality Act 1981:
-
the ‘Community’ is taken to mean the European Community
-
the ‘Communities’ are taken to mean:
-
the European Economic Community (renamed the European Community in 1993)
-
the European Coal and Steel Community
-
the European Atomic Energy Community (Euratom)
-
‘EU institution’ is taken to mean an institution of the European Union. Article 13 of the Treaty on European Union:
-
the European Parliament
-
the European Council
-
the Council of the European Union (simply called ‘the Council’)
-
the European Commission
-
the Court of Justice of the European Union
-
the European Central Bank
-
the European Court of Auditors
‘Convention adoption’ means an adoption:
-
effected under the law of any country in which the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29 May 1993, is in force (the ‘Hague Convention’)
-
certified in pursuance of Article 23(1) of the Convention
‘Crown service’ means the service of the Crown, whether within His Majesty’s dominions or elsewhere.
A person can be regarded as being in Crown service if:
-
in an established permanent position, which can include a fixed-term appointment paid for the service directly from funds voted by Parliament
-
rendering service direct to the Crown
Honorary appointments, for example as legal adviser to a British Embassy or High Commission, are not necessarily excluded from this definition.
‘Crown service under the government of the United Kingdom’ means:
-
crown service under His Majesty’s government in the United Kingdom
-
crown service under His Majesty’s government in Northern Ireland
-
crown service under the Scottish Administration
-
crown service under the Welsh Assembly Government (from 6/11/2009)
The meaning of ‘Crown service under the government of a British overseas territory’ is not defined in the British Nationality Act 1981. In appropriate cases, confirmation that a person is or was in such services should be obtained from the government of the territory concerned.
‘Crown service under the government of a qualifying territory’ is not defined in the British Nationality Act 1981. However, it should be taken to mean Crown service under His Majesty’s government in a qualifying territory.
Because the system of administration in the British overseas territories is generally different from that in the United Kingdom, many who in this country would not be considered to be in Crown service may be in such service in a British overseas territory, such as police officers.
‘Designated service’ means service of any description designated under s.2(3) or s.16(3) of the British Nationality Act 1981 to be closely associated with:
-
(before 21 May 2002) the activities outside the United Kingdom of His Majesty’s government in the United Kingdom (section 2(3))
-
(on or after 21 May 2002) the activities outside the United Kingdom and the qualifying territories of His Majesty’s government in the United Kingdom or in a qualifying territory (section 2(3))
-
the activities outside the British overseas territories of the government of any British overseas territory (section 16(3))
‘Designated territory’ means a qualifying territory, or the Sovereign Base Areas of Akrotiri and Dhekelia, which is designated by order under s.50(14) of the 1981 Act. At present, there are no ‘designated territories’.
‘Designated person’ means a person authorised by the Secretary of State under Regulation 5A(2) or 5A(3) of the British Nationality (General) Regulations 2003 to determine sufficiency of knowledge of the English language for the purpose of an application for naturalisation under section.6 of the British Nationality Act 1981.
‘Immigration laws’ means:
-
any law for purposes similar to that Act which is for the time being or has at any time been in force in any part of the United Kingdom.
‘In breach of the immigration laws’ means:
Before 13 January 2010
Section 11 of the Nationality, Immigration and Asylum Act 2002 explains that a person is ‘in breach of the immigration laws’ if they:
-
are in the United Kingdom
-
do not have the right of abode in the United Kingdom within the meaning of section.2 of the Immigration Act 1971
-
do not have leave to enter or remain in the United Kingdom (whether or not he previously had leave)
-
are not a qualified person within the meaning of the Immigration (European Economic Area) Regulations 2000 (SI.2000/2326) (person entitled to reside in the United Kingdom without leave) (whether or not he was previously a qualified person)
-
are not a family member of a qualified person within the meaning of those regulations (whether or not he was previously a family member of a qualified person)
-
are not entitled to enter and remain in the United Kingdom by virtue of s.8(1) of the Immigration Act 1971 (crew) (whether or not he was previously entitled)
-
do not have the benefit of an exemption under s.8(2) to s.8(4) of the 1971 Act (diplomats, soldiers and other special cases) (whether or not he previously had the benefit of an exemption)
As regards EEA nationals and their family members this section came into force on 7 November 2002. In other cases, this section is deemed always to have been in effect.
This definition has been repealed (see: On or after 13 January 2010), but continues to apply in regard to determining whethera person born before 13 January 2010 is a British citizen
On or after 13 January 2010
The Borders, Citizenship and Immigration Act 2009 replaced the definition above. With effect from 13 January 2010, a person is regarded as being in breach of the immigration laws if they:
-
are in the United Kingdom
-
do not have the right of abode in the United Kingdom within the meaning of s.2 of the Immigration Act 1971
-
do not have leave to enter or remain in the United Kingdom (whether or not he previously had leave)
-
do not have a qualifying CTA (Common Travel Area) entitlement
-
are not entitled to reside in the United Kingdom by virtue of s.2(2) of the European Communities Act 1972 (whether or not the person was previously entitled)
-
are not entitled to enter and remain in the United Kingdom by virtue of s.8(1) of the Immigration Act 1971 (crew) (whether or not he was previously entitled)
-
do not have the benefit of an exemption under s.8(2) to s.8(4) of the 1971 Act (diplomats, soldiers and other special cases) (whether or not he previously had the benefit of an exemption)
From 31 December 2020
Changes were made to the definition of who is breach of the immigration laws by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020. With effect from 31 January 2010, a person is regarded as being in breach of the immigration laws if they:
-
are in the United Kingdom
-
do not have the right of abode in the United Kingdom within the meaning of s.2 of the Immigration Act 1971
-
are not an Irish citizen who does not require leave to enter or remain in the United Kingdom (see section 3ZA of the Immigration Act 1971)
-
do not have leave to enter or remain in the United Kingdom (whether or not he previously had leave)
-
are not entitled to enter and remain in the United Kingdom by virtue of s.8(1) of the Immigration Act 1971 (crew) (whether or not he was previously entitled)
-
do not have the benefit of an exemption under s.8(2) to s.8(4) of the 1971 Act (diplomats, soldiers and other special cases) (whether or not he previously had the benefit of an exemption)
‘Local authority’ means:
-
in England and Wales:
-
a county council
-
a country borough council
-
a metropolitan district council
-
a London Borough Council
-
the Common Council of the City of London
-
-
in Scotland:
- a council constituted under s.2 of the Local Government etc. (Scotland) Act 1994
‘Member of the armed forces’ means:
-
a member of the regular forces within the meaning of the Armed Forces Act 2006
-
a member of the reserve forces within the meaning of the 2006 Act subject to service law by virtue of s.367(2)(a)-(c) of that Act
However, a person is not regarded as being a ‘member of the armed forces’ if they are treated as a member of the regular or reserve forces by virtue of:
-
s.369 of the Armed Forces Act 2006
-
s.4(3) of the Visiting Forces (British Commonwealth) Act 1933
These relate to members of the forces raised in a British overseas territory who are serving, or undergoing training, with the regular or reserve forces mentioned above and members of another country’s armed forces (such as part of a coalition force).
The members of the Communities are:
-
Austria
-
Belgium
-
Bulgaria
-
Croatia
-
Republic of Cyprus
-
Czechia
-
Denmark
-
Estonia
-
Finland
-
France
-
Germany
-
Greece
-
Hungary
-
Ireland
-
Italy
-
Latvia
-
Lithuania
-
Luxembourg
-
Malta
-
Netherlands
-
Poland
-
Portugal
-
Romania
-
Slovakia
-
Slovenia
-
Spain
-
Sweden
‘Ordinary residence’ is not defined in the British Nationality Act 1981, except to the extent that s.50(5) of the Act makes it clear that a person who is in the United Kingdom or in a British Overseas territory ‘in breach of the immigration laws’ is not to be considered ordinarily resident there.
The courts have held that if there can be proven a regular habitual mode of life in a particular place, the continuity of which has persisted despite temporary absences, ordinary residence is established provided only that it is adopted voluntarily and for a settled purpose (and provided it is lawful). See guidance on assessing ordinary residence.
In relation to a person born before 1 July 2006, ‘parent’ means:
-
the mother of a legitimate or illegitimate child
-
the father of a legitimate child only (a child may be legitimated by the subsequent marriage of the parents)
In relation to a person born on or after 1 July 2006 and who is conceived on or before 5 April 2009:
-
the mother is the woman who gives birth to the child, and
-
the father is either:
-
the mother’s husband, if any, at the time of the child’s birth,
-
any person who is treated as the father under s.28 of the Human Fertilisation and Embryology Act 1990
-
-
(if neither of the above applies) a person who is proven to be the father by the production of either:
-
a birth certificate identifying him as such, and issued by the competent registration authority within 12 months of the birth of the child to which it relates
-
such other evidence (such as a DNA test report or court order) as may satisfy the Secretary of State in this point.
-
In relation to a person conceived on or after 6 April 2009:
-
the mother is the woman who gives birth to the child, and
-
the father is either:
-
the mother’s husband, if any, at the time of the child’s birth,
-
any person who is treated as the father under s.35 or 36 of the Human Fertilisation and Embryology Act 2008
-
a person who is treated as a parent of the child under s.42 or 43 of the Human Fertilisation and Embryology Act 2008 (second female parent)
-
-
(if neither of the above applies), a person who is proven to be the father by:
-
being named before 10 September 2015 as the child’s father on a birth certificate issued within 12 months of the birth
-
in all other cases any evidence such as DNA test reports, court orders or birth certificates considered by the Secretary of State to establish paternity
-
Further information on proving paternity can be found in the Registration of Children guidance.
The acquisition of a gender recognition certificate does not alter the recipient’s status as the parent of a child.
A person had a ‘qualifying CTA (common travel area) entitlement’ if they:
-
were a citizen of the Republic of Ireland
-
last arrived in the United Kingdom on a local journey (within the meaning of the Immigration Act 1971) from the Republic of Ireland
-
on that arrival, were a citizen of the Republic of Ireland and was entitled to enter without leave by virtue of s.1(3) of the Immigration Act 1971 (entry from the common travel area)
‘Qualifying territory’ means a British overseas territory other than the Sovereign Base Areas of Akrotiri and Dhekelia.
‘Recruitment in a British overseas territory / qualifying territory’ is not defined in the British Nationality 1981.
Persons can be taken to have been recruited in a British overseas territory or qualifying territory if they:
-
were employed as a result of recruitment initiatives –such as advertisements, university or career fair visits - in a British overseas territory or qualifying territory
-
went through a selection process in a British overseas territory or qualifying territory
-
hold a contract of employment made in a British overseas territory or qualifying territory
‘Recruitment in a country which at the time of the recruitment was a member of the Communities’ is not defined in the British Nationality Act 1981.
Persons can be taken to have been recruited in a country which was then a member of the Communities if they:
-
were employed as a direct result of recruitment initiatives - such as advertisements, university or careers fair visits in such a country
-
went through a selection process in such a country
-
hold a contract of employment made in such a country
This does not include recruitment in a country which, at the time, was an Associate member of the Communities.
‘Recruitment in the United Kingdom’ is not defined in the British Nationality 1981.
Persons can be taken to have been recruited in the United Kingdom if they:
-
were employed as a result of recruitment initiatives – such as advertisements, university or career fair visits in the United Kingdom
-
went through a selection process in the United Kingdom
-
hold a contract of employment made in the United Kingdom
‘Registrar’ means:
-
(in England and Wales) a superintendent registrar of births, deaths and marriages or a deputy superintendent registrar (in accordance with s.8 of the Registration Service Act 1953)
-
(in Scotland) a district registrar within the meaning of s.7(12) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965
‘Registration in the United Kingdom’ (for the purposes of section 2 of the Immigration Act 1971 (right of abode) includes registration:
-
at the Home Office
-
in the Channel Islands
-
in the Isle of Man
-
before 1 January 1983, in an independent Commonwealth country at a British High Commission by virtue of arrangements made under s.8(2) of the British Nationality Act 1948
It does not include registration:
-
under s.6(2) of the British Nationality Act 1948, if the marriage took place on or after 28 October 1971
-
under s.7 of the British Nationality Act 1948, at a British High Commission on or after 28 October 1971
A person is settled in the United Kingdom if, subject to the exceptions described below, they are:
-
not subject under the immigration laws to any restriction on the period for which he or she may remain
-
ordinarily resident in the United Kingdom
Persons who are not regarded as ‘settled’ include:
-
those entitled to an exemption from immigration control under s.8(3) of the Immigration Act 1971 as amended by s.4 of the Immigration Act 1988 (for example members of diplomatic missions in the United Kingdom and members of their family living with them), unless they were settled in the United Kingdom before their entitlement to an exemption began and were ordinarily resident in the United Kingdom from the time their entitlement to exemption began to the time of the birth of the child
- this exception does not apply if, at the time of the birth, the child’s father or mother was a person on whom any immunity from jurisdiction is conferred by or under the Diplomatic Privileges Act 1964)
-
those entitled to an exemption from immigration control under s.8(2) of the Immigration Act 1971 (for example consular staff and certain employees of international organisations) unless they were settled in the United Kingdom before their entitlement to an exemption began
-
those entitled to an exemption from immigration control under s.8(4)(b) and (c) of the Immigration Act 1971 (for example members of Commonwealth or visiting forces)
-
those here in breach of the immigration laws
-
those with limited leave under the immigration laws to enter or remain in the United Kingdom
A person is settled in a British overseas territory if, subject to the exceptions described below, they are:
-
not subject, under the immigration laws of that territory, to any restriction on the period for which they may remain
-
ordinarily resident in that territory
Whether someone is regarded as settled in a British overseas territory will depend upon the local immigration laws. The authorities of the relevant territory should be consulted in cases of doubt.
‘United Kingdom’ means Great Britain (England, Wales, Scotland), Northern Ireland, the Channel Islands and the Isle of Man taken together.
United Kingdom territorial waters do not form part of the United Kingdom for nationality purposes.