Frequently Asked Questions

Find answers to the most common questions about US and UK immigration.
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There is no requirement to use one. Straightforward cases are often filed without help. An attorney matters most where the category involves discretion or a merits assessment, where you have a prior denial or a complex history, where an employer is petitioning, or where a mistake would cost you status.

Yes. Dr. Ergul Celiksoy is an Attorney at Law admitted to the State Bar of California, practising through Celiksoy Law Firm P.C. US immigration law is federal, so an attorney admitted in one state can represent clients nationwide and before US consulates abroad.

It depends on your qualifications, your work, whether an employer will petition for you, your nationality, your family relationships and your timeline. Two people with similar resumes often need different categories. The assessment stage is where most of the value lies.

A visa is the document issued by a US consulate that allows you to travel to a port of entry and request admission. Status is your legal position once admitted, granted by Customs and Border Protection or by USCIS. You can hold valid status with an expired visa, and vice versa.

Adjustment of status is applying for permanent residence from within the US. Consular processing is applying through a US consulate abroad. Which is available depends on your current status and category, and the choice affects timing, travel, work authorization and risk. It should be a deliberate decision, not a default.

EB-1A is the immigrant category for individuals with extraordinary ability who have sustained national or international acclaim. It allows you to petition for yourself without an employer and without labor certification. It is assessed by meeting regulatory criteria and then by a final merits determination on the evidence as a whole.

The national interest waiver allows a qualifying EB-2 applicant to self-petition by showing that their proposed work has substantial merit and national importance, that they are well positioned to advance it, and that on balance it benefits the US to waive the job offer and labor certification requirements.

Neither is better in the abstract. EB-1A has a higher standard but generally a more favorable position in the immigrant visa queue. NIW has a lower threshold but a distinct framework, and priority date movement can be slower and country-dependent. The right choice depends on your evidence profile and your country of chargeability.

Yes, you can have more than one petition pending. Whether the additional cost is justified depends on how close your EB-1A case is to the line. Filing a weak EB-1A on the assumption you can fall back is generally not a good strategy.

EB-1C is the immigrant category for multinational managers and executives being transferred to a US entity. It does not require labor certification. It maps closely onto the L-1A non-immigrant route, which is why L-1A into EB-1C is a well-established path for founders and senior executives.

PERM is the Department of Labor process most EB-2 and EB-3 employer-sponsored petitions require, in which the employer tests the US labor market and demonstrates that no qualified US worker is available for the role. It is employer-driven, adds significant time, and is one of the main reasons self-petition routes are attractive.

Your priority date is your place in the queue for an immigrant visa number. Because annual limits apply per category and per country of chargeability, an approved petition does not automatically mean a Green Card is available. The Department of State Visa Bulletin shows which priority dates are current each month.

Yes. Employment-based categories reached their annual limits early in the 2025 fiscal year, which affected when approved petitions could proceed. Category availability moves month to month, so the current Visa Bulletin should be checked rather than assumed.

The H-1B is for specialty occupations requiring at least a bachelor’s degree in a specific field. Because demand exceeds the annual cap, employers submit electronic registrations during a set window and selections are made from those registrations. Qualifying does not mean being selected.

A presidential proclamation signed on 19 September 2025 introduced a $100,000 supplemental payment affecting certain new H-1B petitions. It has been challenged in multiple federal courts and its scope has been reinterpreted more than once. As at late July 2026 it was not being applied to cases, with the possibility of reactivation. This area is unusually unstable — verify the current position before filing.

Certain employers — including institutions of higher education, related nonprofit entities, nonprofit research organizations and governmental research organizations — can file H-1B petitions outside the annual cap and at any time of year. Academics and researchers often overlook this.

The O-1 is for individuals with extraordinary ability in the sciences, arts, education, business or athletics, or extraordinary achievement in film and television. There is no annual cap and no lottery, so it can be filed when you are ready. A US employer or agent must file the petition; it is not a self-petition.

No. The criteria include published material about you, original contributions of major significance, a critical role for distinguished organizations, high compensation relative to peers, judging the work of others, and membership in associations requiring outstanding achievement. Many senior professionals qualify without public recognition.

The L-1 transfers an employee from a foreign company to a related US company. L-1A covers managers and executives; L-1B covers specialized knowledge. You must have worked for the qualifying foreign entity for at least one continuous year within the preceding three years.

Yes, the new office variant exists for this. An initial period is granted to establish the operation, with extension depending on evidence that the office is genuinely operating as described. Thinly evidenced structures do not survive the extension stage.

TN status is available to qualifying Canadian and Mexican citizens working in specified professional occupations under the relevant trade agreement. It is comparatively quick to obtain for eligible professions but is limited to the listed occupations.

It depends on the category. Some dependent categories carry work authorization; others require a separate application, and eligibility rules in this area have changed, including the treatment of certain automatic extensions. Build dependent work authorization into your planning from the start rather than assuming it.

The E-2 allows nationals of countries holding a qualifying treaty with the US to enter and work in order to develop and direct a business in which they have invested, or are actively investing, a substantial amount of capital. Eligibility depends on nationality, not residence.

There is no fixed figure. “Substantial” is proportional to the total cost of purchasing or establishing that type of business, so a consultancy requires less than a manufacturing operation. The investment must be at risk, irrevocably committed, and the enterprise must be real, active and more than marginal.

Not directly. E-2 is a non-immigrant visa that can be renewed, potentially for many years, but it has no built-in path to permanent residence. E-2 holders who want permanence generally need a separate strategy such as EB-1A, EB-2 NIW or EB-5.

E-1 is for nationals of treaty countries engaged in substantial trade principally between the US and the treaty country. It differs from E-2 in that the qualifying activity is trade rather than investment.

E-2 requires treaty nationality and substantial investment but no prior company. L-1A requires an existing qualifying overseas company and a year of prior employment, but no set investment, and it maps onto EB-1C for permanent residence. If a Green Card is the goal, L-1A is often stronger where you qualify for it.

EB-5 is the immigrant investor category, requiring a qualifying investment in a US commercial enterprise that creates the required number of jobs, either directly or through a designated regional center. Program provisions and eligibility details have been subject to legislative change and should be checked currently.

US citizens can petition for spouses, children, parents and siblings. Spouses, parents and unmarried children under 21 are immediate relatives, which means no annual numerical limit applies to them. Other relationships fall into preference categories with waiting times.

Lawful permanent residents can petition for spouses and unmarried children. These fall into preference categories subject to annual limits, so waiting times apply. Petitioning options broaden on naturalization.

The K-1 allows the fiancé(e) of a US citizen to enter the US to marry, with the marriage required to take place within a defined period after entry, followed by an application for adjustment of status. Whether K-1 or a spouse visa is preferable depends on where you are and how quickly you can marry.

Immediate relative cases are generally faster because no numerical limit applies. Preference category cases depend on the Visa Bulletin and on country of chargeability, and can take years. Processing times also depend on whether you adjust status in the US or process at a consulate.

It is a legally enforceable undertaking by the petitioner, and sometimes a joint sponsor, to financially support the immigrant, based on income at or above a specified level relative to federal poverty guidelines. Public charge considerations have been applied more strictly recently, so this element deserves careful preparation.

Where a marriage is less than two years old at the time permanent residence is granted, the Green Card is issued on a conditional basis for two years. A petition to remove conditions must be filed in the correct window, with evidence of a genuine marriage. Missing that window has serious consequences.

Most lawful permanent residents can apply after a required period of continuous residence and physical presence, with a shorter period available to certain spouses of US citizens. You must also meet good moral character, English and civics requirements.

Filing the application, biometrics, an interview covering your application and testing of English and civics, and, if approved, the oath of allegiance. Preparation matters because the interview also revisits your entire immigration history.

Yes. Extended absences can break continuous residence and affect physical presence, and absences over certain lengths raise presumptions that must be rebutted. If you travel frequently, track your absences carefully from the start of your permanent residence.

US law does not generally require you to renounce another nationality on naturalizing. Whether your other country permits dual nationality is a matter for that country’s law, so check both sides before proceeding.

US citizens and lawful permanent residents generally have continuing US tax filing and reporting obligations regardless of where they live. This is a tax question rather than an immigration one, and specialist tax advice should be taken.

An RFE is a notice from USCIS asking for additional evidence before a decision is made. It is not a denial. The deadline is strict and generally not extendable, and the quality of the response usually determines the outcome. Treat it as the most important filing in the case.

A NOID indicates USCIS is minded to refuse and sets out why, giving you an opportunity to respond. It is more serious than an RFE and normally signals a substantive concern rather than a documentary gap. Respond with legal argument, not just more documents.

Depending on the case type, options may include a motion to reopen based on new facts, a motion to reconsider based on legal error, an appeal to the Administrative Appeals Office, or refiling with a differently structured case. Deadlines are short, and the right choice depends on why the case failed.

Consular refusals often follow section 221(g) for administrative processing or additional documents, or a substantive ground of ineligibility. Some refusals can be overcome by providing what is requested; others require a waiver where one is available. The specific ground cited determines what can be done.

Substantially. Since late 2025 there have been expanded entry restrictions, changes to fee structures including premium processing increases in March 2026, changes to selection procedures, narrowed interview waiver eligibility, and employment-based categories reaching annual limits early. Several measures remain subject to ongoing federal litigation.

For some people, yes. Profiles that qualify for an O-1 or EB-1A frequently also qualify for the UK Global Talent visa, which requires no sponsor, and founders weighing E-2 often have a comparable UK Innovator Founder option. We are admitted in both jurisdictions and can assess them together rather than in isolation.

There is no general legal requirement to instruct a solicitor. Some applicants prepare straightforward applications themselves. Professional advice can be particularly valuable where the correct route is uncertain, the evidence is complex or finely balanced, there has been a previous refusal or immigration breach, or sponsor compliance is involved. A solicitor can help identify legal, evidential and procedural risks, but no adviser can guarantee the outcome of an application.

Anyone providing immigration advice or services in the UK in the course of business must generally be appropriately regulated or otherwise authorised or exempt under the statutory framework. This includes solicitors regulated by the Solicitors Regulation Authority, barristers regulated by the appropriate professional body and advisers registered with the Immigration Advice Authority. Providing immigration advice unlawfully can constitute a criminal offence. Always check an adviser’s regulatory status before instructing them.

The appropriate route depends on factors including your qualifications, professional background, employment or business plans, job offers, family circumstances, finances, immigration history and long-term objectives. Two people with similar professional profiles may require entirely different immigration strategies. An assessment at the outset can help identify the available routes and the legal and evidential risks attached to each option.

Yes. Many work, business and family visa applications are made as entry-clearance applications from outside the UK. We work with clients internationally by video call and electronic communication. The correct application process will depend on the relevant route and the applicant’s country of residence.

There are normally two separate categories of costs: government charges and professional fees. Government charges may include the visa application fee, Immigration Health Surcharge, biometric or appointment services and optional priority services. Some routes are exempt from certain charges. Government fees change periodically and should be checked on GOV.UK before applying. Our professional fees are explained clearly before instructions are accepted.

A fiancé(e) or proposed civil partner visa allows an eligible person to come to the UK for up to six months to marry or enter into a civil partnership with their qualifying partner. The applicant cannot normally work or study during this period and must make a further application after the marriage or civil partnership.

A spouse or civil partner visa is for someone whose marriage or civil partnership is already legally recognised. An initial partner visa granted from outside the UK is normally valid for up to two years and nine months and can lead to settlement if all the relevant requirements continue to be met.

Yes. You must normally demonstrate that you and your partner have been in a relationship similar to marriage or civil partnership for at least two years before the application.

There is no longer a requirement to prove that you have lived together for the entire two-year period. Where you have lived separately because of work, study, cultural circumstances or another reasonable explanation, you must provide evidence showing that the relationship is genuine, subsisting and comparable to a marriage or civil partnership.

For most new partner applications, the applicant and partner must usually demonstrate qualifying income of at least £29,000 a year. The requirement can potentially be met through specified employment, self-employment, non-employment income, pensions, cash savings or an allowed combination of sources.

Different transitional requirements may apply where the applicant first entered the five-year partner route before 11 April 2024 and is extending with the same partner. The detailed documentary requirements are strict and the applicable rules should be checked before applying.

Where the sponsor receives certain specified disability or carer-related benefits, the minimum income threshold may be replaced by an adequate-maintenance test.

In other cases, an application may still be considered where refusal could cause unjustifiably harsh consequences or breach the applicant’s or another person’s rights under Article 8 of the European Convention on Human Rights.

Yes. The Home Office considers whether the relationship is genuine and subsisting and whether the couple intend to live together permanently in the UK.

Relevant evidence may include the history of the relationship, time spent together, communication, cohabitation, shared financial responsibilities, travel, family involvement and commitments to one another. The quality and consistency of the evidence are more important than simply submitting a large volume of documents.

Dependent children may be able to apply where the requirements of the relevant immigration route are met. These can include requirements concerning age, dependency, parental relationships, care arrangements, maintenance and accommodation.

Where only one parent is applying or living in the UK, issues such as sole parental responsibility, the other parent’s immigration position, consent and whether there are serious and compelling reasons for the child to join the parent may require careful consideration. The requirements vary between immigration routes.

The Adult Dependent Relative route exists but is highly restrictive. The applicant must normally demonstrate that, because of age, illness or disability, they require long-term personal care to perform everyday tasks. They must also show that the required level of care is unavailable or unaffordable in the country where they live, even with financial assistance from the UK sponsor.

The applicant must normally apply for and obtain entry clearance before travelling to the UK. The sponsor must also meet the applicable maintenance, accommodation and care requirements.

“Further Leave to Remain” is a general expression used for an application to extend or change a person’s permission from within the UK. The applicable requirements and application form depend on the immigration route.

On the five-year partner route, the process normally involves an initial grant of permission, an extension and then an application for settlement. A valid application made before existing permission expires will normally extend the person’s existing permission under section 3C of the Immigration Act 1971 while the application is pending. Missing the application deadline can have serious consequences.

The Skilled Worker route allows an approved UK employer to sponsor an overseas worker for an eligible job. The applicant normally needs a valid Certificate of Sponsorship, an eligible occupation, a genuine vacancy, the required salary and the required level of English.

For most applicants seeking an initial grant under the route on or after 8 January 2026, the English-language requirement is at level B2. Transitional provisions may apply to people who previously met the former B1 requirement and are extending on the same route.

The requirements have become more restrictive. Since 22 July 2025, the normal skill threshold has been increased to RQF level 6. This refers to the skill level of the job and does not necessarily mean that the applicant must personally hold a degree.

Certain medium-skilled occupations at RQF levels 3 to 5 can remain eligible where they appear on the Immigration Salary List or Temporary Shortage List, or where transitional provisions apply to an existing Skilled Worker. Medium-skilled sponsorship is subject to additional restrictions, including restrictions on bringing dependants for many new applicants.

As at August 2026, the standard Skilled Worker requirement is normally at least £41,700 a year or the applicable going rate for the occupation code, whichever is higher.

Lower salary thresholds may apply in defined circumstances, including certain new entrants, applicants with relevant PhD qualifications, postdoctoral positions, jobs on the Immigration Salary List and applicants covered by transitional arrangements. Separate salary provisions apply to certain healthcare and education occupations. The salary must also comply with National Minimum Wage and working-time requirements.

A Certificate of Sponsorship is an electronic record assigned by a licensed sponsor. It contains information about the worker, job, occupation code, salary, working hours and sponsorship period.

It is not a physical certificate. The worker receives a reference number to use in the visa application. The Certificate of Sponsorship must be assigned before the application is submitted and must still be valid on the application date.

Yes, but a change of employer is not automatic. The new employer must hold the correct sponsor licence, offer an eligible genuine role and assign a new Certificate of Sponsorship. The worker must then make an application to update their Skilled Worker permission.

The worker should not normally begin working for the new employer until the new application has been approved. They must also continue complying with the conditions of their existing permission while the application is pending.

A sponsor licence allows an eligible UK organisation to sponsor overseas workers under specified immigration routes. The Home Office assesses whether the organisation is genuine and operating lawfully, whether the proposed roles are eligible and whether the organisation has suitable HR and compliance systems.

The organisation must appoint appropriate key personnel and provide the required supporting documents. Obtaining the licence is only the beginning: sponsors remain responsible for complying with their duties throughout the life of the licence.

Sponsors must maintain specified records, conduct right-to-work checks, monitor sponsored workers and report specified changes through the Sponsorship Management System within the applicable deadlines.

They must also cooperate with the Home Office and be prepared for announced or unannounced compliance visits. Failure to comply can lead to an action plan, downgrading, suspension or revocation of the licence and may affect every sponsored worker employed by the organisation.

The Immigration Skills Charge is payable by the sponsoring employer when assigning a Certificate of Sponsorship in circumstances where the charge applies. It is separate from the worker’s visa application fee and Immigration Health Surcharge.

The amount depends on matters including the size or charitable status of the organisation and the length of sponsorship. Exemptions apply in specified circumstances. A sponsor must not pass the Immigration Skills Charge on to the sponsored worker.

There is no immigration route formally called “self-sponsorship”. The expression is commonly used to describe an arrangement in which a UK company applies for a sponsor licence and later sponsors a founder, shareholder or other person connected with the company under the Skilled Worker route.

A connection with the company does not, by itself, create eligibility. The company must be genuine and capable of meeting its sponsor duties, and the proposed job must be a genuine eligible vacancy carrying the required salary. The arrangement must not be created mainly to facilitate immigration permission.

The Health and Care Worker visa is part of the Skilled Worker route and is available for specified qualifying health and care occupations. It offers reduced visa fees, and eligible applicants and their dependants are exempt from the Immigration Health Surcharge.

Different salary frameworks can apply depending on the occupation, including national pay scales for certain roles. Since 22 July 2025, new overseas applications for care worker and senior care worker jobs have been closed. Certain in-country applications can continue under transitional provisions until 22 July 2028, subject to requirements including prior lawful work for the sponsoring employer.

Dependent partners and children are permitted on many work routes, but there are important exceptions.

Restrictions apply to most new care worker and senior care worker applicants and to many new Skilled Workers sponsored in medium-skilled occupations at RQF levels 3 to 5 appearing on the Immigration Salary List or Temporary Shortage List. Transitional arrangements and limited exceptions may apply, including in certain cases involving children born in the UK or sole parental responsibility. Some temporary work routes, such as the Seasonal Worker route, do not permit dependants.

The Global Talent route is for recognised leaders and potential leaders in academia and research, science, engineering, medicine, humanities, social sciences, digital technology and arts and culture. Arts and culture includes areas such as film and television, architecture, fashion design and the design industry.

The route does not require an employer sponsor or a job offer. Most applicants must first obtain an endorsement from an approved endorsing body. Eligible holders of specified prestigious prizes can apply directly without an endorsement.

Several important changes were introduced in 2026.

A new design-industry pathway was added to cover additional design disciplines not previously accommodated by the route. The fast-track academic and research appointments pathway was also simplified and expanded for eligible academic, research and innovation roles.

In August 2026, more than 100 research-intensive commercial businesses were added to the list of organisations able to employ or host eligible researchers under the UK Research and Innovation endorsed-funder pathway. This expanded access beyond universities and traditional research institutes.

Where these categories apply, Exceptional Talent is intended for applicants who are already recognised as leaders in their field. Exceptional Promise is for applicants at an earlier stage of their career who demonstrate the potential to become leaders.

The applicable requirements and evidence differ according to the field and endorsing body. Not every fast-track Global Talent endorsement pathway requires the applicant to choose between Exceptional Talent and Exceptional Promise.

An applicant can apply without an endorsement only where they are the named holder of an eligible prestigious prize listed in the Immigration Rules and the prize has not been withdrawn or suspended.

Eligible fellowships, qualifying academic or research appointments and participation in certain funded research projects may provide access to a fast-track endorsement pathway. However, these applicants still require an endorsement before they can qualify for the visa.

The Innovator Founder route is for an entrepreneur seeking to establish a business in the UK based on an innovative, viable and scalable business idea that they generated or to which they made a significant contribution.

The applicant must obtain an endorsement from an approved endorsing body and have a key role in the day-to-day management and development of the business. The route is not intended for passive investment in an existing business.

There is no fixed minimum investment amount that applies to every Innovator Founder application.

However, the applicant must demonstrate that the business has access to sufficient funding and other resources to implement the business plan. The endorsing body will consider whether the financial projections and funding arrangements are credible and whether the business can realistically achieve its objectives.

An eligible Student visa holder can switch from within the UK if they have completed the course for which they were sponsored or if they are studying for a full-time PhD and have completed at least 24 months of that course.

From 25 November 2025, Student work conditions were amended to allow a Student who has completed their course and is switching to Innovator Founder to establish their business during the transition. Applicants must still obtain an endorsement and meet all the other Innovator Founder requirements.

Only an organisation appearing on the current GOV.UK list of authorised business endorsing bodies can issue an endorsement for a new Innovator Founder application.

The list is limited and changes periodically. Applicants should check whether an organisation accepts new applications, its assessment process, fees and any relevant business requirements. A legacy endorsing body cannot normally endorse a new applicant and can generally only continue supporting an entrepreneur whom it endorsed under an earlier route. The Global Entrepreneurs Programme only endorses founders invited to participate in that programme.

The Graduate route allows an eligible person who has successfully completed a qualifying UK course to remain in the UK and work or look for work without employer sponsorship.

For applications made on or before 31 December 2026, the visa is normally granted for two years. For applications made on or after 1 January 2027, it will normally be granted for 18 months. Applicants who have completed a PhD or other doctoral qualification continue to receive three years.

The Graduate route is not, by itself, a route to settlement. However, time spent on the route may count towards the ten-year Long Residence route if the relevant requirements are met.

Yes, provided the applicant has an eligible genuine job with an approved sponsor and meets the Skilled Worker skill, salary, English-language and other requirements.

Time spent on a Graduate visa does not count towards the normal five-year Skilled Worker qualifying period for settlement. It may, however, count towards settlement under the ten-year Long Residence route. Early planning is advisable because the Graduate route cannot be extended.

Indefinite Leave to Remain, commonly called settlement, allows a person to live, work and study in the UK without an immigration time limit. A settled person may also access public funds where they satisfy the relevant eligibility requirements.

Settlement is normally required before naturalisation as a British citizen, although the precise nationality requirements depend on the applicant’s circumstances. Indefinite Leave to Remain can lapse following a sufficiently long continuous absence from the UK and may be revoked in specified circumstances.

The required period depends on the immigration route. Skilled Workers and many family-route applicants normally qualify after five years, provided all requirements are met. Innovator Founders may qualify after three years. Global Talent applicants may qualify after three or five years depending on their endorsement or qualifying basis. The Long Residence route normally requires ten years of qualifying lawful residence.

Some family and private-life applicants are on a ten-year route, and other categories have their own settlement provisions. The relevant route and continuous-residence requirements must be checked before applying.

The government consulted on an “earned settlement” model under which the standard qualifying period was proposed to increase from five to ten years for most migrants, with possible reductions or increases based on specified factors. The consultation closed on 12 February 2026 after receiving more than 200,000 responses.

As at 19 August 2026, the wider earned-settlement model, including the proposed new standard qualifying period, has not been brought into force. Settlement applications therefore remain subject to the Immigration Rules applicable to the particular route at the date of application.

A separate confirmed change increases the English-language requirement for settlement from B1 to B2 on specified routes for applications made on or after 26 March 2027, unless an exemption applies.

The final position remains unresolved. The consultation proposed that the new model could apply to people who are already in the UK but have not yet obtained settlement. It also sought views on transitional arrangements and the treatment of particular groups.

Until the final policy and corresponding Immigration Rules are published, it is not possible to state conclusively how existing visa holders will be affected. Anyone approaching eligibility for settlement should obtain advice based on the rules in force at that time.

The requirement depends on the settlement route, and exemptions may apply because of age or a physical or mental condition. Many applicants must also pass the Life in the UK test.

For applications made on or after 26 March 2027, the English-language requirement will increase from B1 to B2 in speaking and listening on specified routes. These include Skilled Worker, UK Ancestry, Global Talent, Innovator Founder, Scale-up, International Sportsperson, Long Residence, Private Life and Settlement Family Life, among others. Applicants should check whether the change applies to their particular route.

A No Time Limit application allows a person who already holds Indefinite Leave to Enter or Indefinite Leave to Remain to obtain confirmation of that existing status in the form of an eVisa.

It may be appropriate where the person’s evidence of settlement is contained in an old, lost, stolen or expired passport or where they do not otherwise have digital evidence of their status. It does not create a new grant of settlement. No Time Limit applications are made from within the UK and are currently free of charge.

Ordinary Indefinite Leave to Remain will generally lapse where the holder remains outside the UK, the Channel Islands and the Isle of Man for a continuous period of more than two years. A person whose status has lapsed may be able to apply for a Returning Resident visa.

Different absence periods apply to settled status under the EU Settlement Scheme. Settled status normally lapses after five continuous years outside the UK, or four years for a Swiss citizen or their qualifying family member. Settlement can also be revoked or lost in other defined circumstances, including deportation.

Most adults applying by naturalisation must have lived in the UK for at least five years and have held Indefinite Leave to Remain, Indefinite Leave to Enter or settled status for at least 12 months.

A person who is married to or in a civil partnership with a British citizen does not normally need to wait 12 months after obtaining settlement and may apply as soon as settlement is granted, provided they meet the three-year residence and all other naturalisation requirements.

Applicants must also normally meet the residence, physical-presence, absence, good-character, English-language and Life in the UK requirements.

The good-character assessment extends beyond criminal convictions. The Home Office may consider criminality, pending prosecutions, financial matters, unpaid taxes, bankruptcy, deception, dishonesty, immigration breaches, unlawful working and other conduct.

The effect of a previous immigration breach depends on its nature, date and the applicant’s circumstances. Certain lawful-residence breaches may sometimes be disregarded where settlement has subsequently been granted and no further concerns have arisen. However, illegal entry, dangerous journeys, working in breach of conditions and other serious conduct can still lead to refusal. Each case must be assessed individually before a non-refundable citizenship application is submitted.

A child may already be British automatically, may have a statutory entitlement to registration or may be eligible for registration at the Home Secretary’s discretion.

The correct position depends on factors including the child’s date and place of birth, the parents’ citizenship and immigration status at the time of birth, subsequent changes in the parents’ status and the child’s residence in the UK. British nationality law is technical, and a child’s position should be checked before an application is submitted.

The available remedy depends on the type of decision and the reasons given. The applicant may have a right to request an administrative review, appeal to the First-tier Tribunal, submit a fresh application or, in appropriate cases, pursue judicial review.

These options are not interchangeable. For example, submitting a fresh immigration application can cause a pending administrative review to be withdrawn. The decision letter should explain whether a right of review or appeal is available. The applicable deadlines can be very short, and late challenges may not be accepted, so advice should be obtained promptly.

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Disclaimer
This information is provided for general guidance and does not constitute legal advice. US and UK immigration and nationality law, policy, fees and application procedures change frequently. Advice should be obtained on the rules in force and the applicant’s individual circumstances at the relevant time.

Information reviewed and updated as at 19 August 2026.

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