Getting British Citizenship can be a long and difficult process. It often takes years to complete, and even then, there’s no guarantee that your application will be approved. If your application for British Citizenship is refused, it can feel like a huge setback, especially if you were hoping to have more security and rights in the UK.
Although a refusal won’t affect your current Indefinite Leave to Remain status, it can still be costly and upsetting. If your British Citizenship application was refused, don’t panic. There are steps you can take to move forward. Here’s what you need to know about why applications are refused, and what you can do next.
What is the Refusal Rate for British Citizenship?
In 2020, about 3% of British Citizenship applications were refused. While 3% may sound low, this means over 5,600 people had their applications denied. That’s a lot of individuals and families who were affected.
Common Reasons for British Citizenship Refusal
There are several reasons why your British Citizenship application could be refused. Here are the most common ones:
- Failure to meet the “Good Character” requirement
- Not meeting the residence requirement
- Failure to respond to Home Office requests in time
Let’s break these down:
Good Character Requirement
This is one of the trickiest parts of the application. There’s little clear guidance on what counts as “good character,” so many applicants get refused because they failed to disclose something that was later found out. Even if you didn’t mean to hide information, it may still look like you were trying to hide the truth.
Residence Requirement
To qualify for British Citizenship, you must have lived in the UK for a certain amount of time. This usually means you need to have lived in the UK for five years before applying. However, some time spent in the UK doesn’t count, such as:
- Time spent as a diplomat or a member of a diplomat’s staff.
- Time spent as a member of visiting armed forces.
- Long periods spent outside the UK.
You also cannot have been outside the UK for more than 450 days in the last five years, or more than 90 days in the last year. Many applicants fail this requirement without realizing it.
What to Do if Your Application Is Refused
If your application for British Citizenship is refused, it can be very disappointing. But it’s not the end of the road. You still have options to continue your journey towards British Citizenship.
Here are the steps you can take:
- Request a reconsideration: If you believe there was a mistake in the decision, you can ask for a review of your case.
- Reapply for Citizenship: If you think there was an error in your application, or you’re now eligible, you can submit a new application.
- Continue living with Indefinite Leave to Remain: If you don’t want to reapply, you can stay in the UK under your existing immigration status.
The next steps depend on why your application was refused. You will be given the reason in your refusal letter, which will help guide your next actions.
Requesting a Review
If you believe the decision was made in error, you can ask for a review of your case. You have 28 days from the date of the refusal to submit this request.
To get the decision overturned, you must prove that:
- The caseworker made a mistake when applying the law.
- The caseworker didn’t properly consider all the documents you provided.
- The caseworker didn’t give enough time to complete further checks before making a decision.
If you’re unsure whether these apply to you, it’s best to speak to an immigration professional. Law and Visas can help you prepare your review request, increasing the chance that your application will be reconsidered.
Reapplying for British Citizenship
If your application was refused, you might be able to reapply. You will be told in your refusal letter if reapplying is an option. Before reapplying, it’s a good idea to get expert advice to ensure your new application is complete and correct.
Applying for British Citizenship can be expensive, so you don’t want to make the same mistake twice. Sometimes, it’s because you don’t meet the residence requirements yet, or you need to wait longer before applying. We can guide you on the best time to apply and make sure your application is accurate.
Can I Appeal a British Citizenship Refusal?
Unfortunately, you cannot appeal a British Citizenship refusal. Citizenship is considered a privilege, not a right, so you can’t challenge the decision on human rights grounds.
Most refusals happen because applicants fail to meet the good character requirement, which is a vague and subjective standard. There is also no right to appeal because being refused citizenship does not affect your right to remain in the UK. You can continue living and working in the UK as long as you have Indefinite Leave to Remain (ILR).
While it might be frustrating, it’s good to know that you won’t be stuck in a long and costly appeals process. Instead, you can either request a review, reapply, or accept that you cannot currently gain British Citizenship.
Serious Issues That Can Prevent Citizenship Approval
Certain serious issues can stop you from ever gaining British Citizenship. These include:
- Criminal convictions: If you have been convicted of a crime, especially if you received a custodial sentence (jail time), your application may be refused. The time you need to wait before reapplying depends on the severity of your sentence.
Here’s a breakdown of waiting times for different sentences:
- Custodial sentence between 1-4 years: You must wait 15 years from the end of your sentence.
- Custodial sentence up to 1 year: You must wait 10 years from the end of your sentence.
- Non-custodial sentence (like a fine or suspended sentence): Wait 3 years from the conviction date.
- Caution: Wait 3 years from the caution.
For sentences over 4 years, it is unlikely you will ever be granted British Citizenship. Repeated offenses or serious crimes like sexual offenses can also make it impossible to gain citizenship.
