Who Can Be a Referee in a British Citizenship Software?

By Taya Sayekaya – Immigration Barrister

01 Mar 2025

In This Article

1. Understanding the Necessities of a Referee in a British Citizenship Software”
2. The Significance of British Citizenship and Obtainable Routes
3. House Workplace Steerage on Referees for British Citizenship
4. Who Can Act as a Referee in a British Citizenship Software?
5. Do Each Referees Must Be British Residents?
6. Who qualifies as an ‘Acceptable Skilled Particular person’?
7. Duties of a British Citizenship Referee
8. Last Ideas on Selecting a Referee
9. Contact Our Immigration Barristers
10. Incessantly Requested Questions
11. Glossary

1. Understanding the Necessities of a Referee in a British Citizenship Software

One of the vital necessary necessities that might be encountered when making use of for British citizenship pertains to referees. Candidates for British citizenship are required to offer two referees in assist of their software and the collection of referees generally is a sophisticated course of. 

Given the character of citizenship purposes, and the House Workplace’s view (expressed of their steerage (‘Information AN’)) that naturalising as a British citizen “is just not an entitlement” however slightly a privilege, it ought to come as no shock that strict necessities are positioned on who’s eligible to behave as a referee in this sort of software. As such, the aim of this text is to clarify the principles and necessities governing referees for British citizenship, together with who can act as a referee in a British Citizenship software.

2. The Significance of British Citizenship and Obtainable Routes

Turning into a British citizen carries with it a big diploma of significance, as is made abundantly clear by the House Workplace, who’ve acknowledged of their printed Information AN that other than the sensible advantages of creating such an software (particularly the power to later make an software for a British passport – a course of mentioned in our article British Citizenship Software Granted: What Subsequent?, it additionally “offers [an applicant] the chance to take part extra absolutely within the lifetime of [their] local people”. 

Given the importance positioned on being granted citizenship, it could be useful to first present a quick rationalization of the routes to ‘British citizenship’, earlier than turning to contemplate the precise necessities imposed on referees. It must be famous from the outset that naturalisation is just not the one means by means of which a person can acquire British citizenship. As has been defined in our different weblog posts, it’s doable for a person to acquire citizenship by means of automated acquisition, by means of registration, and naturally by means of naturalisation. 

Every route imposes its personal necessities and a full consideration of the precise guidelines which should be adopted in every route is past the scope of this text. The routes are outlined in depth in all three of the separate articles linked above and in different articles within the Information Centre on our web site for individuals who wish to acquire a greater understanding of the out there routes. It’s price emphasising that figuring out which route is most applicable would require a cautious consideration of all of the information at hand with the intention to keep away from making errors which may impede a person’s citizenship software.

3. House Workplace Steerage on Referees for British Citizenship

The House Workplace’s Steerage for British Citizenship (Nationality Coverage: common info – all British nationals (‘Nationality Coverage Steerage’)), which seems to be at frequent parts current throughout nationality purposes, outlines that all candidates for British citizenship are required to offer two referees who can set up the applicant’s identification.

4. Who Can Act as a Referee in a British Citizenship Software?

The Nationality Coverage Steerage goes on to stipulate the next necessities that all referees should adhere to. These embrace the next factors:

1. the referee will need to have identified the (grownup) applicant for no less than 3 years;
2. the referee should be a British passport holder and both a: 
   1. skilled particular person; or
   2. aged over 25. 

No less than one referee should be knowledgeable particular person. 

It then explains that the referee should additionally not:

1. be associated to the applicant or the opposite referee; 
2. the applicant’s consultant;
3. be employed by the House Workplace;
4. have been convicted of an imprisonable offence within the final 10 years for which the sentence is just not spent beneath the Rehabilitation of Offenders Act 1974.

The House Workplace’s Information AN builds upon this by offering that “Checks could also be carried out to make sure that the referees should not have unspent convictions and are certified to behave for you and that their signatures are real”, once more highlighting the strict nature of those necessities. 

5. Do Each Referees Must Be British Residents?

A key ambiguity that arises when deciding on referees is the truth that the related Steerage and the Referee Declaration itself seem to say various things in respect of the nationality necessities imposed on referees. As we noticed above, the House Workplace’s Nationality Coverage Steerage refers to referees needing to be a “British passport holder and both knowledgeable particular person or aged over 25 (no less than one referee should be knowledgeable particular person)”. In distinction, the House Workplace’s Information AN explicitly states that “One referee may be of any nationality however should be knowledgeable particular person”, as can also be acknowledged within the Referee Declaration itself, which says that “one referee must be an individual of any nationality who has skilled standing” and the second “should usually be the holder of a British citizen passport”). The Information AN doc in relation to the opposite referee being a British citizen makes use of stricter language, stating that the “different referee should be the holder of a British citizen passport”.

As of the time of writing this text, this inconsistency between the Nationality Coverage Steerage on the one hand, and Information AN/Referee Declaration on the opposite nonetheless seems to be current. Within the absence of clear course from the House Workplace, whether it is doable to take action, it could be that the most secure choice for an applicant is to offer two British referees. Nonetheless, if this isn’t doable, then an applicant could possibly depend on the provisions in each the Referee Declaration and Information AN to offer one referee who is just not a British citizen, and one other referee who’s a British citizen. 

6. Who qualifies as an ‘Acceptable Skilled Particular person’?

One other key requirement in each the Referee Declaration and the related Steerage is that no less than one of many referees should be a ‘skilled particular person’. The Declaration describes this as an individual who “has skilled standing, eg minister of faith, civil servant, or a member of knowledgeable physique e.g. accountant or solicitor (who is just not representing you with this software)”. 

The Nationality Coverage Steerage builds on this by offering a non-exhaustive checklist of what constitutes an ‘acceptable skilled particular person’. The complete checklist may be discovered Generally Used Phrases in Nationality Rules and Steerage and from this, we will see that there are a big selection of professions which might be acceptable for the needs of performing as a referee. This checklist must be consulted previous to submitting a citizenship software with the intention to be certain that no less than one of many chosen people is in an appropriate occupation. Additionally it is price remembering that when deciding on potential referees, solely one among them must be knowledgeable particular person for these functions. Nonetheless this doesn’t preclude an applicant from counting on two skilled individuals ought to they select to take action so long as the opposite necessities are met.

7. Duties of a British Citizenship Referee

As soon as an applicant has recognized appropriate referees and confirmed that they fulfill the standards detailed above, each referees might be required to offer a ‘Referee Declaration’ (an instance of which may be discovered on Referees and Identification) confirming that they’re:

• certified to behave as a referee and perceive every of the factors raised within the “Necessities of a referee” part;
• that the {photograph} of the applicant (which is able to have to be affixed to the Declaration) is a ‘true likeness’ of them;
• that to the perfect of their information, the main points offered by the applicant of their citizenship software are right;
• that the main points which the referee has offered within the citizenship software are additionally right.

The House Workplace retains an influence to contact referees however the Nationality Coverage Steerage expressly states that caseworkers should solely accomplish that “if this might resolve issues concerning the software” they usually have “authority from a senior caseworker to take action”. Due to this fact, it is very important clarify to chosen referees that they could be contacted by House Workplace officers and to make sure that they’re prepared to talk to such officers within the occasion that they’re contacted. 

If the House Workplace involves the conclusion {that a} referee in a British citizenship software doesn’t meet a number of of the necessities detailed above, the Nationality Coverage Steerage directs a caseworker to ask the applicant to offer various referees. Given the potential delays and extra inconvenience that this might entail, it’s once more price emphasising that candidates ought to rigorously think about who they’re deciding on as their referees with the intention to keep away from such an consequence. 

Lastly, Information AN brings particular consideration to the truth that it’s a prison offence for a referee to offer false info (both knowingly or recklessly) and the place such an offence is dedicated, Information AN outlines that it’s “punishable with as much as 3 months imprisonment or by a effective not exceeding £5,000 or each beneath part 46(1) of the British Nationality Act 1981.” The Referee Declaration additionally requires the referee to verify that they perceive they “may very well be fined as much as £5,000, or go to jail for as much as 3 months, if [they] knowingly give false info.” It is very important word that though the referee declaration says knowingly solely, the Information AN, as acknowledged beforehand, additionally says recklessly; excessive care should be taken when being a referee and offering info.

8. Last Ideas on Selecting a Referee

As will hopefully have been seen from this text, deciding on an appropriate referee to assist your British citizenship software will not be a simple endeavour. There are various necessities and restrictions on who is ready to act as a referee, with sure duties being imposed on referees. Given the significance of acquiring British citizenship, it’s important that each candidates and the referees themselves rigorously think about the necessities and obligations detailed above with the intention to keep away from any undue points. 

To debate your nationality enquiry with one among our immigration barristers, together with points round referees and citizenship, contact us on 0203 617 9173 or full our enquiry kind beneath.