Pending Prosecution and British Citizenship: Guide
How an ongoing criminal case or pending prosecution affects your ability to apply for and obtain British citizenship.
- Section
- British Citizenship
- Reading time
- 9 min
- Last checked
- 2 September 2026
- Source
- The published Immigration Rules and GOV.UK guidance, linked throughout this guide.
- Rowan does not
- Look at your own case, tell you which route to choose, or say what the Home Office will decide. This guide shows the published rules and where to read them.
In short
- A pending prosecution will usually cause your citizenship application to be deferred.
- You must declare any pending cases on Form AN — failure to do so is dishonesty.
- Acquittal should not negatively affect your application.
- Conviction will be assessed under the good character requirement.
- An application made while a case is pending still costs £1,839, and the fee is not refunded for the delay.
If you have a pending criminal prosecution, it creates uncertainty around your British citizenship application. The Home Office will typically defer a decision until the case is resolved. This guide explains what to do, when to wait, and how to navigate the situation.
Disclosure Requirements
You must also meet the English language and Life in the UK test requirements.
The citizenship application (Form AN) specifically asks about pending criminal proceedings. You must declare:
- Any criminal charges that have been brought against you
- Any ongoing police investigations (if you are aware of them)
- Any cases awaiting trial
- Any cases under appeal
Failing to declare a pending case is treated as dishonesty under the good character requirement. This is a more serious issue than many underlying offences and can result in refusal on its own. If you are unsure how to handle disclosure, consider whether to use a solicitor for your application.
What Happens to Your Application
If you apply with a pending case, the Home Office will:
- Accept your application and fee.
- Put the application on hold until the case is resolved.
- Once the case is resolved, assess your application based on the outcome.
This means your fee (£1,839, made up of £1,709 to apply and a £130 citizenship ceremony fee) is tied up for potentially months or years while the criminal case proceeds. You will not receive a refund for the delay.
Possible Outcomes
- Acquittal or charges dropped. Your application proceeds as normal. The pending case should not count against you.
- Conviction with a minor sentence. Assessed under the minor offences guidance. A waiting period may apply.
- Conviction with a serious sentence. May result in refusal. See the good character guidance for waiting periods.
- Caution. If the case is resolved with a caution, this is treated as an admission of the offence and assessed accordingly.
Should You Wait?
Consider the application costs before deciding. See our DIY vs solicitor guide for complex cases.
Waiting until the case is resolved changes the position in three ways:
- The £1,839 fee stays with you until you know the outcome.
- If convicted, you can calculate the appropriate waiting period and apply at the right time.
- If acquitted, you can apply with a clean record.
The exception: if you risk losing your ILR through extended absence or have another pressing reason, consult an immigration solicitor about the timing.
Impact on ILR
A pending prosecution also affects ILR applications. The same principles apply: declare everything, and expect the application to be deferred until the case is resolved. You will still need to pass the Life in the UK test and meet the English language requirement regardless of the criminal case outcome.
Next Steps
If you have a pending criminal case, consult an immigration solicitor before applying for citizenship. They can advise on timing and help prepare your application. Be prepared for the application fees when you are ready to proceed. For the official guidance, see the GOV.UK good character guidance and the GOV.UK citizenship application page.
Questions and answers
Can I apply for citizenship if I have a pending criminal case?
You can submit an application, but the Home Office will almost certainly put your application on hold until the case is resolved. If you are convicted, the outcome will be assessed under the good character requirement. If you are acquitted, the pending case itself should not affect your application.
What happens if I apply before my case is resolved?
The application is normally put on hold until the case is decided, and the fee of £1,839 (£1,709 to apply plus a £130 ceremony fee) is paid at the point of application, not when a decision is made. It is not refunded for the delay. Once the case is resolved, the Home Office assesses the application against the good character requirement, which sets waiting periods after a conviction.
Do I have to declare a pending prosecution on my citizenship form?
Yes. Form AN asks whether you have any pending criminal proceedings. You must answer truthfully. Failure to disclose is dishonesty, which is a separate good character failure and could result in refusal even if the underlying case is minor.
What if I am found not guilty?
If you are acquitted (found not guilty), the pending prosecution should not negatively affect your citizenship application. You should be assessed on the same basis as someone without any criminal history. However, if the underlying conduct raises good character concerns, the Home Office may still consider it.
This guide is general information about published immigration rules. It is not advice about an individual application under s.82 Immigration and Asylum Act 1999, and Rowan is not regulated by the Immigration Advice Authority. Immigration rules change several times a year. For advice on a particular situation, contact an adviser authorised by the Immigration Advice Authority or an immigration solicitor. Always check GOV.UK for the authoritative current rules.