The process for obtaining UK citizenship is a significant milestone for many immigrants, especially those who have lived in Britain for years. It represents a culmination of efforts, commitment, and integration into British society. Currently, an applicant for British citizenship must find two referees to vouch for their identity. The referees must confirm that no reason exists to deny the applicant’s entitlement to citizenship. Referees for citizenship applications must adhere to strict guidelines, which can be quite challenging for some candidates. This means that they cannot be just anybody must meet specific eligibility criteria.
This requirement dates back to the time before biometrics when the Home Office used third-party endorsements. Back then, endorsements were necessary to verify the applicant’s identity. It harkens back to a simpler era prior to the advent of biometrics.
At first glance, this seems like a reasonable safeguard to ensure the authenticity of applications. However, someone an individual obtaining indefinite leave to remain would have had their biometrics collected multiple times – first in their home country before they even stepped into the UK, again at the extension application, and then once more at the settlement stage. As part of their naturalisation application, they will re-enrol their biometrics. The UK government intends the referee requirement to ensure the integrity of the citizenship application process. It’s hard to imagine an identity thief bypassing all measures, only to fail at the final stage due to this outdated requirement for an upstanding community member to sign a verification form.
Critics of the current system argue that the referee requirement is outdated and must be reformed.
Why are Referees Required?
The authorities apparently designed the referee requirement to verify and confirm the applicant’s identity. They ask referees to vouch for the applicant’s character and residency status. This ensures that only those who meet certain standards receive citizenship by adding a layer of verification. For many years, the referee requirement has been a major component of British Nationality Law. It dates back to a period before contemporary techniques for confirming identification. The government relied on personal endorsements to verify candidates’ identities. Today, this system feels redundant and bureaucratic.
The current referee requirement may seem reasonable in theory, but its implementation often becomes an obstacle. The process assumes all applicants have access to people who meet the strict referee criteria.
When first reviewing British citizenship requirements, applicants must check the list of accepted professions. They may feel nervous and frustrated if they don’t know anyone in those jobs.
The GOV.UK guidance does say that their list is not exhaustive, but it also doesn’t give you any indication or a hint of what other jobs might count.
Modern immigration processes already include multiple layers of biometric checks. So, a person on a skilled worker route to settlement will give biometrics when applying for his/her visa abroad. They must repeat this process when extending their visa in the UK and applying for settlement. At the naturalisation stage, they must enrol biometrics once more!
Considering these extensive measures, the biometric system is unlikely to let a fraudulent applicant evade detection, only for the referee requirement to stop them.
Moreover, the system does not require referees to report concerns to the Home Office. Which further undermines the effectiveness of the rules.
Key Issues with the Citizenship Referee Requirement
The current referee system has several challenges and loopholes. First, the applicant must know a professional or well-known person to serve as a referee. This can disadvantage applicants from marginalized backgrounds or those without strong community ties.
Even if an applicant knows the referees, they might feel nervous to ask for their personal details.You can meet all the other requirements and still face rejection because you haven’t built long-term relationships with people in specific jobs.
Additionally, the criteria for referees can discourage professionals from participating, as they might view the process as intrusive.
Does the System Even Work? ( A Not So ‘Natural Decision’)
The Independent Chief Inspector of Borders and Immigration clearly stated in a 2014 study that ‘No checks of any sort were ever conducted on referees who were not British citizens. For British citizen referees, we found that police checks to determine their suitability to act as a referee were not conducted, although some limited checks were made against passport information held by Her Majesty’s Passport Office (HMPO). However, these checks were meaningless because they had no impact on the consideration of the nationality application and did not result in any additional checks to the suitability of referees’.
In addition, the inspection report clearly said ‘Our sampling also identified that in nearly a quarter of the cases we examined (28 cases – 22%), referees failed to meet the eligibility requirements because one or both referees were not persons of professional standing. Despite this, the failure to meet these requirements had no bearing on the decision-making process’
Does that mean that the referee requirement is just a bureaucratic red tape than a simple process? The referee requirement adds yet another layer to an already exhaustive series of verifications. Since officials already subject applicants to rigorous checks, including a comprehensive biometric process, the additional referee requirement seems redundant and unnecessary.
Time for Change
Considering the stringent identity checks that are now in place, it may be the to reassess the need of the current referee requirement. Those who want to become British citizen and are eligible for it might face unnecessary obstacles. Eliminating this prerequisite might streamline the application procedure and increase its accessibility for a wider group of individuals.
How Should an Applicant Proceed if They Have No Suitable Referee?
What if an applicant doesn’t have a suitable referee? Does it mean that they would not get citizenship even when they meet all other requirements?
Interestingly, if the Home Office determines that a referee does not meet the required criteria, they must request the person applying for citizenship to provide an alternative referee before planning to refuse the application.
The authorities would presumably refuse the application if the applicant could not provide a suitable referee at this time. You should seek legal advice from our expert immigration advisors to discuss your options if you feel that you will not be in a position to identify suitable referees.
