Do I need Indefinite Leave before applying for British Citizenship?
One of the most common questions we are asked in our immigration practice. The short answer is: yes, you do. Although not everyone has to apply for an Indefinite Leave to Remain (ILR), everyone has to demonstrate that he/she has qualified for it. Sounds confusing? Read on. Why is there a confusion at first place? Because the UK Visas & Immigration guidance says you need 5 years of residency in the UK and nothing specifically about Indefinite Leave. In fact, the rules for spouses and civil partners of UK citizens state only 3 years. As a result, many migrants apply for British Citizenship without securing an ILR first. In many cases one needs 5 years for an ILR anyway, so why to pay at least £1,000 extra for it? The prospect of applying straight for British Citizenship can indeed look very tempting. Predictably, the result is refusal and loss of the application fee. The “having an ILR” requirement is “hidden” behind another rule: “you must be free of immigration restrictio