British Citizenship Application Refused - What Now?

• Published date: 04 October 2021
• Subject Matter: Immigration, General Immigration
• Law Firm: Richmond Chambers Immigration Barristers
• Author: Ms Alexandra Pease

The requirements to become a British citizen are set out in British Nationality Law; the relevant law is mainly in the British Nationality Act 1981.

Some children and adult applicants may be entitled to register as British citizens, provided they meet the relevant requirements.

Other applicants will rely on the Secretary of State's discretion to either be registered (children) or be naturalised (adults) as a British citizen.

Before You Make A British Citizenship Application

British Citizenship law is complex and you may wish to seek legal advice before submitting an application. It is for you to establish that the requirements are met and all relevant evidence provided.

What If My British Citizenship Application Is Refused?

The reasons for refusing a British citizenship application should be set out in the notice of decision.

There is not a statutory right of appeal against the refusal of a citizenship (registration or naturalisation application). The only judicial remedy is that of judicial review.

Nonetheless, you can request the reconsideration of the decision by the Home Office, by using the form NR.

Currently the fee for reconsideration is '372. If the decision is reversed and the application approved, this will be refunded. The citizenship fee may be deducted where appropriate, e.g. if it had been refunded following the refusal and it is payable again.

What Should I Consider Before Seeking a Reconsideration?

The Home Office will carry out checks to ensure the relevant requirements are met.

Most applications will involve the good character requirement and form NR guidance October 2018 reads:

We carry out enquiries in all cases to ensure that the requirements are met. Where the character requirement applies, we make checks with relevant government agencies who we share information with about applicants.

Checks are made in respect of documents:

We also carry out checks to ensure that the supporting evidence has not been forged or fraudulently obtained. Where false documents have been produced the application will be refused and we will refer the matter for possible prosecution. If documents cannot be verified or the applicant cannot prove their entitlement then the application will be refused. There must be no doubt that a proper legal entitlement exists.

For discretionary applications, such as naturalisation and registration of minors under s.3(1), the guidance states:

Following any enquiries applications are considered on the basis of the...