A Complete Guide to Naturalisation Under Section 6(1) BNA 1981
- Michael Crago
- Sep 29
- 4 min read
Naturalisation is the ultimate step in the UK immigration journey, granting the applicant the full rights and status of a British citizen. Section 6(1) of the British Nationality Act 1981 (BNA 1981) is the statutory route for individuals who are not married to or in a civil partnership with a British citizen.
At Nuvora, we specialise in navigating the complexities of nationality law to secure this final status. This guide will walk you through the stringent statutory and continuous residence requirements for naturalisation under Section 6(1).
What is Naturalisation Under Section 6(1)?
Naturalisation is the legal process by which a person over the age of 18, who was not born a British citizen, applies to become one.
Section 6(1) applies to the majority of permanent residents who have reached settlement status through routes like the Skilled Worker Visa, Innovator Visa, or the Ancestry Visa.
Crucially, the grant of naturalisation is always at the discretion of the Home Secretary, even if all statutory requirements are met. The application is judged against both strict legal criteria and the overarching "good character" test.
Eligibility Requirements (Do You Qualify?)
The applicant must satisfy all the following requirements laid out in Schedule 1 of the BNA 1981:
Age and Capacity: Must be of full age (18 or over) and capacity (sound mind).
Residence Period: Must have been lawfully resident in the UK for a minimum of 5 years immediately preceding the date of application.
Continuous Residence (Absences): During the 5-year qualifying period, the applicant must not have been absent from the UK for more than 450 days in total.
Final Year Presence: Must not have been absent from the UK for more than 90 days in the 12-month period immediately preceding the date of application.
Immigration Status (Settlement): On the date of application, the applicant must hold an immigration status free from time restriction (e.g., Indefinite Leave to Remain, Settled Status), and must have held that status for at least 12 months.
Physical Presence (Start Date): Must have been physically present in the UK on the day 5 years before the application is received.
Knowledge of Language and Life in the UK (KoLL): Must demonstrate sufficient knowledge of English (B1 level or higher, unless exempt) and have passed the Life in the UK Test.
Good Character: Must satisfy the Home Secretary that they are of good character (assessed based on criminal history, financial solvency, and compliance with immigration laws).
Future Intention: Must declare an intention to continue living in the UK, or to continue in Crown service or certain other designated employment.
The Challenge: Absences and Timing
The most common pitfalls are the continuous residence requirements. Having 450 days of absence in the 5-year period, or 90 days in the final year, results in an automatic failure unless the Home Office exercises discretion (which is rare and should not be relied upon).
Furthermore, the requirement to have held ILR for a full 12 months means the true qualifying period is often 6 years in total (5 years to get ILR, plus 1 year on ILR).
Facing Excessive Absences? While strict statutory limits must be met, the Home Office retains discretion to overlook absences exceeding the 450-day and 90-day limits under compelling circumstances. If your absence figures exceed the maximum statutory period, do not assume refusal. Please consult our detailed guide on Discretionary Naturalisation Absences to understand the high threshold required to successfully petition the Home Secretary for discretion on your behalf.
The Application Process: Step-by-Step
Naturalisation applications are made online.
Preparation and KoLL: Pass the Life in the UK Test and secure the necessary English language certificate.
Calculate Absences: Meticulously calculate all absences over the 5-year period to ensure compliance with the 450-day and 90-day limits.
Gather Documents: Compile evidence of residency (passports, BRP/Settled Status confirmation), KoLL test results, and evidence supporting the good character requirement (e.g., HMRC/tax compliance, declaration from referees).
Complete and Submit Form: Submit the application online to the Home Office.
Pay Fees: The application fee and mandatory ceremony fee must be paid upfront.
Biometrics: Attend an appointment at a UKVCAS service point to provide biometrics.
Decision and Ceremony: The Home Office aims for a decision within 6 months. Upon approval, the applicant is invited to attend a formal citizenship ceremony.
What Does it Cost?
As of the date of this post (late 2025), the total fees for a standard adult naturalisation application under Section 6(1) are:
Fee Type | Amount (Approximate) | Notes |
Naturalisation Application Fee (Form AN) | £1,605 | Home Office processing fee. |
Citizenship Ceremony Fee | £130 | Mandatory statutory fee. |
Total Core Cost | £1,735 | Payable at submission. |
Additional Costs: Life in the UK Test (£50), English language test (variable, approx. £150), and legal representation. There is no Immigration Health Surcharge (IHS).
Bringing Your Family Members (Dependants)
Adult naturalisation applications under Section 6(1) can include minor children in certain circumstances.
Children who are eligible for citizenship must apply jointly for registration under the relevant section (e.g., Section 1(3) if one parent is applying to be naturalised).
Applications for children can also be submitted concurrently with the parent's naturalisation application.
The Path Leading to Citizenship
Naturalisation is the final stage. Upon swearing an oath of allegiance and a pledge at the citizenship ceremony, the applicant receives a Certificate of Naturalisation and becomes a British Citizen otherwise than by descent.
This status is transmissible to children born outside the UK, securing the family's long-term nationality link to the UK.
Ready to Finalise Your UK Journey?
Naturalisation under Section 6(1) is a non-trivial process where accurate absence calculation, strict timing, and a compelling good character statement are mandatory. Given that the outcome remains discretionary, professional scrutiny is highly advisable.
Nuvora provides precise legal guidance to ensure your application meets every statutory requirement, maximizing the chances of a favourable exercise of discretion by the Home Secretary.
Book a consultation today with one of our IAA-qualified immigration professionals to ensure your final step to British Citizenship is successful.