British Citizenship After ILR:Guide AN (2026) explained

If you are holding Indefinite Leave to Remain (ILR) or settled status, applying for British citizenship can feel like the final step in a long journey. Many people assume that once they have ILR, citizenship is simply a formality. It is not.

The Home Office is clear that naturalisation is discretionary. That means you can meet the headline criteria and still be refused if the decision maker is not satisfied in key areas suchas residence, absences, good character, or simple procedural compliance.

This guide is written from the perspective of an experienced UK immigration solicitor, in a practical and client-focused way, using the Home Office Guide AN (October 2025) as the baseline for how applications are assessed in 2026.

What Form AN is, and who it is for

Form AN is the application used by adults aged 18 or over applying to naturalise as a British citizen. Guide AN sets out the two most common routes.

If you are not married to, or in a civil partnership with, a British citizen, you usually apply under section 6(1), which is the five-year residence route and normally requires you to have been free from immigration time restrictions for 12 months.

If you are married to, or in acivil partnership with, a British citizen, you usually apply under section 6(2), which is the three-year residence route and does not normally require the extra 12 months after ILR.

Getting the route wrong is an avoidable reason for refusal, especially where the timing rules differ.

Citizenship is discretionary, even with ILR

Guide AN spells this out plainly. Naturalisation is not an entitlement, and the Home Secretary can refuse even where the applicant meets many of the requirements.

In practice, we see refusals happen most often because of one of these themes. The applicant applied too early, their absences were miscalculated, they underestimated good character, or they made a technical mistake that could have been avoided with an audit before submission.

ILR routes that can lead to citizenship

Citizenship applications do not usually depend on how you obtained ILR, but your history still matters. Many applicants reach ILR via work routes such as Skilled Worker, family routes, or settlement under the EU Settlement Scheme. Others reach ILR through long residence routes, such as ten-year lawful residence, or through private life routes that can, in some cases, lead to settlement after a longer period.

Whichever route brought you to ILR or settled status, the citizenship stage still needs a fresh review of residence, absences, and good character under the nationality framework, not just the Immigration Rules.

Residence and absences: the rules, and where people slip up

For the five-year route, Guide AN highlights the overall absence limit of 450 days across the five-year qualifying period, and 90 days in the final 12 months, subject to discretion in some circumstances.

For the three-year route, the overall absence limit is 270 days across the three-year qualifying period, and 90 days in the final 12 months, again with limited discretion.

Here is a very common real-world scenario. A client travels frequently for work and assumes the Home Office will “understand”. The issue is not whether the reason is genuine. The issue is whether the absence totals fit within the rules, and if not, whether your ties to the UK and the evidence justify discretion under the published approach.

Another easy mistake is counting days incorrectly. Home Office caseworker guidance is clear that you only count whole days’ absences, and you do not normally count the day you leave or theday you return.

The “first day” presence requirement can catch people out

You must have been physically present in the UK exactly three years before the Home Office receives your application on the three-year route, or exactly five years before on the five-year route.

In practice, this is where careful timing matters. If you submit even one day early and you were abroad on the matching date three or five years earlier, you can create an avoidable refusal risk.

There is discretion in some situations, and the Home Office caseworker guidance explains when it may be appropriate, including exceptional circumstances such as being incorrectly prevented from returning, illness, or being removed and later vindicated.

“Free from immigration time restrictions” is non-negotiable

Guide AN is unambiguous. You must be free from immigration time restrictions on the date of application.

If you are applying on the five-year route, you normally also need to have been free from restrictions for 12 months, which is why many people do not apply until around year six overall.

If you are applying on the three-year route as the spouse or civil partner of a British citizen, you only need to befree from restrictions on the date you apply.

Knowledge of language and life in the UK (KoLL)

You normally need both the Lifein the UK Test and evidence of English language ability, unless you are exempt because you are aged 65 or over, or you have a long-term condition that prevents you from meeting the requirement.

Guide AN also makes a point that catches out EU settled status holders. If you were granted ILR under the EUSS, you still need to meet KoLL for naturalisation and should not assume you areexempt.

On English language, Guide AN refers to a Home Office-approved qualification at B1 level (CEFR) or higher, or other accepted evidence such as certain degrees taught in English with the correct supporting documentation.

Good character: where refusal scan feel unexpected

Good character is often the most sensitive part of the process. Guide AN explains that the Home Office will lookat criminality, financial soundness, deception, and immigration history.

Two points matter in real client cases.

First, non-disclosure can be worse than the underlying issue. If something needs to be declared, declare itand deal with it properly, with context and evidence.

Second, the Home Office positionon illegal entry and dangerous journeys is strict. Guide AN states that an application will normally be refused if the person entered illegally, or arrived without required permission, having made a dangerous journey, althoughit also notes the Home Office will consider whether the circumstances were outside the person’s control, such as if they were a child or a victim of trafficking at the time.

If you have any complexity here, for example, historic immigration issues, prior refusals, deceptionallegations, or criminal matters, a pre-application assessment is not optional.It is the difference between a planned application and an expensive refusal.

“Citizenship ban”clarification and what it actually means in practice

Guide AN includes a specific clarification on the Illegal Migration Act 2023. It says the Act introduced a citizenship ban for certain illegal entrants from 7 March 2023, but regulations effective 23 July 2024 changed the law so that the ban has not taken effect, and applications are considered in the usual way under the law and policy in the guide.

That does not mean illegal entry is irrelevant. It remains highly damaging under the good character assessment and needs careful handling.

Practical process points: status, travel, and timelines

Guide AN warns that a nationality application does not give you immigration status while it is being considered, and you must have valid permission to stay in the UK until you receive a decision and attend your ceremony.

The Home Office states you will usually get a decision within six months.

It is also an important travelpoint. Your naturalisation certificate is not a travel document, and you cannot use it to travel. You normally need to apply for a British passport after naturalisation.

Examples: what “goodpreparation” looks like

A Skilled Worker who reached ILR after five years and has frequent business travel. The right approach is an absence audit before submission, matching your travel history to passport stamps, employer letters where relevant, and a clear calculation that follows the Home Office method for counting days. Where absences exceed the standard limits, the case needs to be assessed against the discretion framework, notsimply “explained.”

An EUSS settled status holder who never needed to meet KoLL at the settlement stage. For citizenship, they still need to pass the Life in the UK Test and meet the English language requirement unless exempt, and the application should not be submitted until those pieces are in place.

An applicant who applies one week too early and was abroad on the matching date three or five years earlier. This can be avoided with basic date planning, and where the issue is discovered late, the discretion framework may need careful consideration rather than guesswork.

How GigaLegal Solicitors can help

At GigaLegal Solicitors inLondon, we support clients with citizenship applications through a structured, solicitor-ledprocess. This usually includes confirming the correct route, auditing residence and absences, reviewing good character and disclosure, checking KoLL evidence, and preparing a clear legal covering letter where discretion or context matters.

Speak to us before you submit

If you are planning to apply for British citizenship in 2026, it is worth treating Form AN as a legal application, not an administrative task. A short pre-application review can prevent delays, refusals, and the stress of having to start again.

Contact GigaLegal Solicitors to book a British citizenship eligibility review and application strategy session.

Disclaimer

This article is general information, not legal advice. Citizenship law and Home Office policy can change, and the right approach depends on your full immigration history and personal circumstances.

‍