How long after obtaining BNO British settlement can one apply for citizenship? How is the 6 years calculated?
A permanent residency approval notice, listing the name, application number, and approval date. Next to it is a calendar, which can be used to record the date of permanent residency approval and the planned naturalization application date. The subsequent calculations will start from these two fields.
The five-year window moves with the filing date
According to the current UK government's BN(O) naturalization guidelines, those who have BN(O) status and apply through the usual residence route usually need to wait one more year after obtaining permanent residency. This is where the "five plus one" comes from. If we break down the current British Nationality Act 1981 (British Nationality Act) section 4(2), the five-year residency period and the twelve-month period without leave to remain are both conditions that must be met simultaneously. The regulation checks the five years prior to the submission of the naturalization application, and this window moves with the submission date, including the time spent residing in the UK after obtaining permanent residency. Therefore, six years is just a common estimate of the time required, and it cannot be directly replaced by adding six years to the date of the first visa approval.
This article mainly discusses the registration and naturalization of adult BN(O) identity holders; only the adult family members of this route visa, as well as minor children, need to confirm the applicable channel separately.
ILR, it usually takes another year.
The provision further requires that the applicant has usually not been subject to the residency time limit in the twelve months prior to the application. For those who obtained BN(O) through the ILR route, this period usually starts from the actual approval of permanent residency. The time taken to submit the permanent residency application and wait for processing does not automatically count as time holding permanent residency. As a simple arithmetic example: if it takes two more months after five years to be approved, according to the usual twelve-month requirement, the naturalization application date would come around six years and two months. Even if the six-year anniversary of entry has arrived, the twelve months after approval may still not have been completed; other naturalization conditions must also be met on the proposed submission date.
When verifying, you can copy the approved date from the approval notice into your calendar and keep the notice as evidence; the previously estimated time to obtain permanent residency will not replace the actual approval date.
These two requirements have different discretionary spaces.
Section 4(4) of the same nationality law allows for some discretion in exceptional circumstances. The guidance note Home Office "Other British Nationals" clearly defines the boundary: on the day of the application, the applicant must not be subject to any time limit on their residence, and there is no discretion for this requirement; however, there is some flexibility in considering special circumstances regarding the requirement within the twelve months prior to the application. For those who rely on the BN(O) route to obtain permanent residence, they usually need to first obtain permanent residence before considering whether there is a basis for shortening the waiting period. Being able to make a request does not mean that the request will necessarily be approved; the documents need to explain the specific exceptional circumstances.
"Having lived there for six years" alone is not sufficient to prove that the special circumstances apply. If you are preparing to request a discretionary decision, it is advisable to first confirm the basis and supporting documents, and then determine the date to submit the payment.
Spouse is already a citizen, can be calculated separately
若递交时配偶或民事伴侣已是British citizen(英国公民),可以另评估现行《British Nationality Act 1981》section 6(2)的归化路线。英国政府配偶入籍指南明确,申请人取得永居后,无须再持有满十二个月。这条路仍要求申请前在英居住三年,并满足相应的居住、缺席、英语、Life in the UK及品格要求,适用豁免的另核。BN(O)身份持有人选择这条路,也须按归化要求准备材料,包括婚姻或民事伴侣关系证明,以及对方的英国公民身份证明。
配偶只有BN(O)身份或ILR,都不等同于已成为英国公民;正在等待入籍决定,也不能预先按已入籍来安排递交。
六年算到的是申请资格
我的判断是:没有适用的英籍配偶通道或特殊情况依据时,应以本人永居实际获批日加十二个月排期,不宜只按入境六周年付款。准备时,可以在同一页记录预计递交日、永居获批日和配偶当前身份,分别附上对应证明,再核查所选通道的其他条件。Home Office《Guide B2》列出的后续流程还包括审批和公民仪式,英国公民护照也需另行申请。“六年”对应常见的申请资格节点,不能直接写成护照到手的日期。
[Data source] Home Office "Guide B2" Sections 3, 6 and 11; "Residence Periods for Other British Nationals" section; UK Government Spouse Naturalisation Guide.
This document is for reference only. For specific issues, please consult a licensed attorney.
Which period do you need to clarify now: the twelve months after the permanent residency is approved, or the time when the spouse becomes a British citizen? Feel free to discuss this milestone in the comments section.
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