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When you can apply for citizenship after ILR

Under section 6(1) of the British Nationality Act 1981, most people must have held indefinite leave to remain for 12 months and have lived in the UK for 5 years, been in the UK on the exact day five years before the Home Office receives the application, and not been outside it for more than 450 days in the 5 years or 90 days in the last 12 months. People married to a British citizen use a different route.

People often ask whether British citizenship starts the day indefinite leave to remain (ILR) is granted. For most applicants it does not. The law sets two clocks that run side by side: a residence period before the application, and a period of being free from immigration time limits. For someone who needed five years to settle, that usually means a gap of about a year between settlement and the earliest citizenship application.

This guide sets out what section 6(1) of the British Nationality Act 1981, Schedule 1 to the Act, GOV.UK's citizenship pages and the Home Office's Form AN guidance (updated 7 July 2026) say about timing. It covers the 12-month rule, the exact-day test, absences, the people who do not have to wait, and the other requirements that apply when a person does apply. It describes the position on 10 October 2026 and does not tell anyone when to apply.

The statutory test

Section 6(1) of the British Nationality Act 1981 says that on an application for naturalisation by a person of full age and capacity, if the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1, "he may, if he thinks fit, grant" a certificate of naturalisation. The wording is discretionary on its face, though the Schedule sets the conditions that must be met.

Schedule 1, paragraph 1, requires, for the ordinary route:

  • that the applicant was in the UK at the beginning of the five years ending with the date of the application, and was absent on no more than 450 days in that period;
  • that they were absent on no more than 90 days in the 12 months ending with the date of the application;
  • that they were not at any time in those 12 months subject under the immigration laws to any restriction on the period for which they might remain in the UK;
  • that they were not at any time in the five years in the UK in breach of the immigration laws;
  • that they are of good character;
  • that they have sufficient knowledge of English, Welsh or Scottish Gaelic;
  • that they have sufficient knowledge about life in the United Kingdom; and
  • that they intend their home, or principal home, to be in the UK, or intend to enter or continue in Crown service or comparable service.

Paragraph 2 lets the Secretary of State, "in the special circumstances of any particular case", treat some of these as met, including being absent on more days than the limit, not being in the UK at the start of the period, and a restriction in the last 12 months. Paragraphs 1A and 1B let the Secretary of State treat the no-breach requirement as met, without enquiry, for a person who holds indefinite leave to enter or remain.

GOV.UK summarises the position for most people as follows: you can apply if you've lived in the UK for 5 years and have had indefinite leave to remain, settled status under the EU Settlement Scheme or indefinite leave to enter for 12 months. The same page says: "You do not need to wait 12 months to apply if you’re married to a British citizen."

The 12 months with settled status

The second clock is what produces the gap. Under the statute, a person must have been free from immigration time restrictions throughout the 12 months before the application. The Form AN guidance explains: "If you are not married to or the civil partner of a British citizen (the 5-year route), you should have been free from immigration time restrictions for 12 months before applying for citizenship. This means that you may need to wait until you have been in the UK for at least 6 years before you apply."

People who are free from immigration time restrictions will usually hold ILR, including ILR issued under the EU Settlement Scheme (settled status). The guidance adds that the condition is also met by a person with the right of abode, and that Irish citizens are treated as settled from their date of arrival. If a person is not free from restrictions, the guidance says they should apply for permission to stay permanently before seeking to naturalise and wait a further 12 months on the five-year route.

A simple illustration, not a forecast for any real case: if indefinite leave to remain were granted on 1 March 2027, a person on the five-year route would be free from time limits for 12 months on 1 March 2028. The earliest the 12-month condition could be met is therefore the date a year after the grant, and the other conditions then have to be met on the same day.

GOV.UK sets out other starting points on its page "Check if you can become a British citizen":

  • settled status under the EU Settlement Scheme: usually 12 months after getting it;
  • pre-settled status: possible for EU, Norwegian, Icelandic and Liechtenstein citizens (or their family members) who started living in the UK by 31 December 2020 and have lived in the UK 5 years in a row working, studying or self-sufficient, then another year unless the person's spouse or partner is a British citizen; and
  • Irish citizens: "To apply for British citizenship as an Irish citizen you must have lived in the UK for 5 years."

The exact-day rule

The statute requires presence on a particular day: the first day of the five years that end with the date of the application. GOV.UK states it this way: "You must have been physically present in the UK exactly 5 years before the Home Office receives your application."

The Home Office's own example makes the arithmetic clear. If the Home Office receives an application on 20 June 2022, but the person left the UK on 10 June 2017 and returned on 25 June 2017, they will not qualify, and the page says they would need to wait until 24 June 2022 to apply.

The date that counts is the date the Home Office receives the application. GOV.UK says that if you apply online your application is received on the same day, and that it will take longer if you apply by post.

Form AN guidance adds two practical points. First, a person who applies without meeting this requirement may find that the Home Office looks for another, later date to use, but the guidance says this "does not guarantee that the application will be successful" and that the person must pay the full fee in force on any date it uses. Second, it says the requirement is a hard one: "If you cannot meet this requirement, your application is likely to be refused." GOV.UK says the Home Office will consider special circumstances, for example if the person could not live in the UK at the start of the period because of health reasons or travel restrictions, or was told to leave during the five years and the decision was later overturned.

Absences: 450 days and 90 days

Two absence limits apply to the five-year route. The person must not have been outside the UK for more than 450 days in the five years, and not more than 90 days in the final 12 months.

Citizenship counts days differently from settlement. The Form AN guidance says "We only count whole days’ absences from the UK. We will not count the dates when you leave and enter the UK as absences." Its example is a person who left on 22 September and returned on 23 September, who is not classed as absent. The 180-day settlement limit is a separate test, covered in our article on ILR absences.

The guidance also says what happens above the limits, as discretion rather than entitlement.

  • Overall absences: 450 days is the normal permitted level. Up to 480 days is normally disregarded only if all other requirements are met and the person has established home, family and a substantial part of their estate in the UK. Above that, the guidance sets out when up to 900 days may be disregarded and says it is only very rarely that absences in excess of 900 days would be disregarded; if absences are more than that limit "your application is likely to fail and your fee will not be fully refunded."
  • Last 12 months: 90 days is the normal permitted level. Up to 100 days is normally disregarded if all other requirements are met and the person has demonstrated links with the UK through family, an established home and a substantial part of their estate. For 101 to 179 days the guidance sets stricter criteria, including that the absence is justified by Crown service or by compelling occupational or compassionate reasons. Only in the most exceptional circumstances would absences above 180 days in the last 12 months be disregarded.

For absences above 730 days on the five-year route, the guidance asks the person to explain whether they were a result of a posting abroad in Crown or designated service, an unavoidable consequence of the nature of their work, exceptional or compelling occupational or compassionate reasons, or being unable to return because of a global pandemic.

When applying, a person is asked for information about time spent outside the UK. GOV.UK says to give as much detail as possible using records such as emails or boarding passes, and that the Home Office will check its records and fill in any gaps or make corrections.

People who do not wait 12 months

The main exception is a person married to, or in a civil partnership with, a British citizen. They use section 6(2) rather than section 6(1). They need three years of residence, with no more than 270 days outside the UK in those three years and 90 in the last 12 months, and they must be free from immigration time restrictions on the date of application, with no 12-month wait. GOV.UK says they can apply as soon as they have ILR, settled status or indefinite leave to enter. Our article on citizenship as a British citizen's spouse explains this route.

Other points from GOV.UK's pages:

  • A person cannot include time spent in the UK when exempt from immigration control as a diplomat, a member of a diplomat's staff or household, or a member of visiting armed forces.
  • Someone who has lost ILR by being away for more than two years at any time since getting it (or more than five years for settled status) may need to apply for a Returning Resident visa. GOV.UK sets out the periods and the Swiss citizen variation.
  • Some people are eligible another way, such as through a British parent, another type of British nationality or the Windrush scheme. The page says to check.
  • Children are handled separately. A child born in the UK after a parent was granted ILR may automatically be British, while others can be registered at £1,000 each.

If a person qualifies in more than one way, the GOV.UK page says they can choose which way to apply.

The other requirements when you do apply

Timing is only one part of an application. The Form AN guidance lists the rest.

  • Age and capacity: the applicant must be 18 or over and of sound mind.
  • Life in the UK Test: applicants must pass it, unless aged 65 or over or with a long-term condition that prevents it. It costs £50 and, once passed, does not have to be retaken.
  • Knowledge of language: the guidance asks for a Home Office approved English qualification at B1 CEFR or higher from the secure English language test list, a qualifying degree, or other listed evidence. The guidance says a person who got ILR on the strength of a B1 qualification meets this requirement. The rise to B2 for settlement from 26 March 2027 is a separate change to the settlement rules, and the Form AN guidance read today still refers to B1 for naturalisation; check it again when you apply.
  • Good character: a legal requirement. Our article on a good character refusal covers how the Home Office applies it.
  • Intention: the applicant intends to continue to live in the UK or in specified service. This does not apply on the spouse route.
  • Referees and ceremony: two referees endorse the application, and a successful applicant over 18 attends a ceremony within 90 days.

GOV.UK says the decision usually comes within 6 months. The guidance says a nationality application does not give any immigration status while it is considered, so permission to stay must last until the ceremony; ILR holders are already covered. After applying, the guidance says you are free to travel using your valid passport and evidence of your valid immigration status. It also says you will usually be required to enrol your biometric information within 45 days of submitting, and that failing to do so invalidates the application.

Finding a regulated adviser

Working out the earliest date on which a particular person meets all of these conditions, and how absences and past immigration history are treated, is nationality advice. Only a person the law qualifies, such as a solicitor, a barrister or an adviser registered with the Immigration Advice Authority (IAA, formerly the OISC), may give it. GOV.UK explains how to find an immigration adviser.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

How long after ILR can I apply for British citizenship?

Usually after 12 months, if you have also lived in the UK for 5 years. The Form AN guidance says this can mean waiting until you have been in the UK at least 6 years. If you are married to a British citizen you do not have to wait 12 months.

Can I apply for citizenship the day I get ILR?

Only on the spouse or civil partner route under section 6(2), where GOV.UK says you can apply as soon as you have ILR, settled status or indefinite leave to enter and have lived in the UK for 3 years. On the five-year route, the statute requires 12 months free from time limits.

How many days outside the UK can I have before applying for citizenship?

No more than 450 days in the 5 years before the application and no more than 90 days in the last 12 months on the five-year route. On the spouse route it is 270 days in 3 years and 90 days in the last 12 months. Some excess absences can be disregarded in special circumstances.

What is the exact-day rule for British citizenship?

You must have been physically present in the UK exactly 5 years (or 3 years on the spouse route) before the day the Home Office receives your application. If you were abroad on that day, you may have to wait for a later date, or the application may be refused.

Does the new B2 English rule for ILR apply to citizenship?

Not by that rule. B2 applies to settlement applications made on or after 26 March 2027. The Form AN guidance updated in July 2026 describes the citizenship language requirement as B1 CEFR or higher. Check the current guidance before applying.

Do I need to have had ILR for 12 months if I am Irish?

GOV.UK says an Irish citizen must have lived in the UK for 5 years, and the Form AN guidance treats Irish citizens as settled from their date of arrival for the free-from-time-restrictions condition. Read the guidance for your own circumstances.

Sources

Last checked 2026-10-10.

Related guides

  • British citizenship cost: £1,709 plus £130 ceremony — Applying to naturalise as a British citizen costs £1,709, and a £130 citizenship ceremony fee is added, so £1,839 in total. Registering a child costs £1,000. The Life in the UK Test is £50 and the optional priority service is £500 more, according to GOV.UK and the Home Office fee table of 8 October 2026.
  • Citizenship as a British citizen's spouse: 3 years — A person who is married to, or the civil partner of, a British citizen can naturalise under section 6(2) of the British Nationality Act 1981 after 3 years in the UK, once they have indefinite leave to remain and without the 12-month wait that applies on the five-year route. The fee is £1,839 and the other requirements, such as good character and the Life in the UK Test, still apply.
  • Form AN: applying for British naturalisation step by step — Form AN is the paper form for naturalisation as a British citizen; most people apply online. GOV.UK gives the cost as £1,839 (£1,709 plus a £130 ceremony fee), with a decision usually within 6 months and an optional £500 priority service.
  • ILR absences: the 180-day rule explained — For most routes to indefinite leave to remain, the Rules say you must not have been outside the UK for more than 180 days in any 12-month period, counted on a rolling basis for permission granted since 11 January 2018. A short list of absences does not count, and time on long residence before 11 April 2024 follows older limits.
  • British citizenship refused on good character grounds — Good character is a legal requirement for naturalisation. The Home Office guidance (version 7.0, 30 April 2026) lists what normally leads to refusal: a custodial sentence of 12 months or more, deception, illegal entry and some recent immigration breaches. There is no right of appeal; you can ask for reconsideration (form NR, £513) or make a new application with a new fee.
  • Is my UK-born child British? Form MN1 explained — A child born in the UK is automatically British if, at the birth, a parent is a British citizen or settled in the UK. Otherwise the child may be entitled to register on Form MN1 for £1,000 once a parent becomes settled or British.
  • ILR after a Skilled Worker visa: the 5-year test — Settlement as a Skilled Worker needs 5 continuous years with permission on listed work routes, absences of no more than 180 days in any 12 months, a sponsor that still approves and pays you at least the settlement salary, and the Life in the UK Test. Rule SW 22A.1 adds B2 English for applications made on or after 26 March 2027. The fee is £3,226 per person.