British Citizenship for EU Nationals: A Complete Guide

British citizenship for EU nationals allows individuals to live, work, and remain permanently in the UK with full legal rights, including the ability to vote in all elections.

The rules governing eligibility for British citizenship and for the application process are strict and vary depending on the circumstances of your application. To qualify, EU national applicants must hold either settled status under the EU Settlement Scheme or indefinite leave to remain for at least five years. Further requirements include passing the Life in the UK test, proving English language proficiency, and showing good character, such as a clean criminal record.

In this guide, we explain the position post-Brexit for EU naturalisation applicants in the UK.

 

British Citizenship for EU Nationals

 

EU citizens with valid, lawful status under the EU Settlement Scheme can apply for British citizenship after holding settled status for a minimum of 12 months, provided they meet all eligibility requirements.

Under the current rules, individuals with pre-settled status are not eligible to apply for British citizenship. Pre-settled status holders must complete five years of continuous residence in the UK to qualify for settled status. Once they have secured settled status, they must wait an additional 12 months (unless married to a British citizen) to become eligible for naturalisation.

To apply for British citizenship with settled status, you will have to show you:

 

• Are at least 18 years old
• Have held settled status for a minimum of one year and have resided in the United Kingdom during this time (unless you are married to a British citizen).
• Been in the United Kingdom for five years prior to the date the Home Office receives your citizenship application.
• Meet the English, Welsh, or Scottish Gaelic language requirements.
• Have successfully completed the Life in the UK test
• Be of good character

 

 

5-year lawful residency requirement

 

The Home Office guidance on British citizenship states that applicants must have resided in the United Kingdom for at least five years prior to their naturalisation application submission date. You cannot count time spent in the United Kingdom as a diplomat, member of a diplomat’s staff or household, or visiting member of the armed forces.

Applicants may not have resided outside the UK for more than 450 days during this 5-year period or 90 days in the 12 months preceding their application.

The potential issue for settled status holders applying to naturalise is that settled status in itself may not, in rare circumstances, be proof of past ‘lawful residence’ in the UK.

This is because the settlement scheme registration process required proof only of 5 years’ continuous residence, and not evidence of being here lawfully under the EEA Regulations and as defined by the British Nationality Act 1981. In other words, ‘physical residence’ required for settled status is not the same as living in accordance with the EEA Regulations 2016, which is required under the citizenship requirements.

In recognition that EU Settled Status is not proof of previous lawful residence, the Home Office confirmed that caseworkers do not have to enquire into lawful residence at all where the applicant has ILR or indefinite leave to enter (ILE), however it was acquired. This effectively means that periods of residence already considered in earlier applications will not be investigated and evidence of lawful residence will not be requested where the applicant holds ILR or ILE, except where new information comes to light that would have affected the original ILR/ILE decision had it been known at the time. This is expected to be a very rare occurrence.

Length of absences from the UK during the residential qualifying period will still be assessed.

A further implication of this updated guidance is that under the good character requirement, personal immigration transgressions for those already granted ILR or ILE will not lead to a citizenship application failing solely on that basis. Note that this overlooking provision is only in relation to personal immigration history, and any other issues such as criminality will still be considered.

 

English language skills

 

To meet the language requirements, candidates must possess either an approved English qualification at CEFR level B1, B2, C1, or C2 or a degree taught or researched in English. Citizens of specific nations will be recognised as English-majority speakers for naturalisation purposes.

 

Good character requirement

 

Applicants for British citizenship through naturalisation must demonstrate excellent moral character. Good character indicates that you have continued to respect the rights of the United Kingdom, observe the law, and fulfil your responsibilities as a resident of the United Kingdom during your time here. Among the factors that may count against you when determining your character include criminal convictions, making a fraudulent statement on an application, breaching the immigration laws.

Applicants must disclose all criminal convictions from the United Kingdom and abroad. Those who have spent at least 4 years in prison are typically denied citizenship. This also applies to those who have served between 12 months and 4 years in prison within the last 15 years, as well as those who have served less than 12 months within the last 10 years.

Ordinarily, minor offences such as fixed penalty notices are not deemed criminal unless you have failed to pay or received three or more.

 

How to apply for British Citizenship with Settled Status

 

To apply for British Citizenship with EU settled status, the following steps must be taken:

 

• Fill out the online application Form AN
• Pay the £1,630 application fee
• Schedule an appointment with UKVCAS to submit your biometrics
• Upload any supporting documents required for your application
• Attend your UKVCAS appointment

 

 

Naturalisation application referees

 

You will have to provide two referees in support of your naturalisation application.

Home Office guidance stipulates that referees provided in support of an application for British citizenship must have known the applicant for at least three years; be British passport holders who are either professionals or over the age of 25 (at least one reference must be a professional); and have known the applicant for at least three years.

In addition, referees must not:

 

• be related to the applicant or the other referee;
• be the applicant’s representative;
• be employed by the Home Office; or
• have been convicted of an imprisonable offence within the last ten years for which the sentence has not been served in accordance with the Rehabilitation of Offenders Act 1974.

 

The referees have to sign a declaration confirming both that they are eligible to be a referee for British citizenship and that the photograph provided is a true likeness of the naturalisation applicant.

They also have to provide the following details:

 

• full name
• date of birth
• addresses for the last three years
• profession
• telephone number
• email address
• passport number, if a British passport holder
• details of how they know the applicant

 

A minimum of one referee must have professional standing, as included on the Home Office list of acceptable professional persons, such as accountants, bank or building society employees, barristers, dentists, VAT-registered company directors, members of parliament, nurses, optometrists, police officers, social workers and lawyers.

The second referee must be at least 25 years old and hold a British passport, unless they are a person of professional standing.

 

How long does it take for someone with Settled Status to become a British citizen?

 

After one year of being granted EU settled status, you can apply for British citizenship. After submitting a request for British citizenship, the Home Office will typically provide a decision within six months. By submitting a carefully prepared and comprehensive application, you can minimise the processing time.

 

If your application is successful

 

If your application for British citizenship is granted, you will be notified in writing. You will be invited to a citizenship ceremony which you should attend within three to six months. You will be required to take an oath to affirm that you will respect the rights, liberties, and laws of the United Kingdom. At the conclusion of the ceremony, you will receive your certificate of British citizenship.

Once you naturalise as a British citizen, you will hold the same rights as and you will no longer be considered as an EU national in the UK or affected by any changes in legislation or immigration rights affecting EU nationals. As such, EU citizens with more than 6 years in the UK are looking to naturalisation to secure their future and the of their loved ones in the UK.

 

Can children apply to naturalise?

 

Yes, provided each child satisfies the specific requirements as set out under British nationality law, they may submit an application for British citizenship using Form MN1. A parent can apply to naturalise at the same time as their child.

One important consideration when making the applications is the possibility that the child may be approved, but the parent’s / parents’ own application may be refused. Section 7 of Form MN1 invites the parent to confirm that, in this event, the child should still be registered as a British citizen. If the relevant box is not ticked, the child’s application will be treated as having been withdrawn at the point when the parent’s application is refused. The child’s application fee will not be refunded.

 

How long does it take to get British citizenship?

 

On average, applications are typically processed in 6 months. The complexity of your application will determine how long it will take to be processed, as well as the volume of other applications UKVI have received.

Under the current rules, you do not need to send your original passport with the application, provided a certified copy (every page) of your passport is sent as part of the document bundle. This allows you to continue to travel while your application is being processed.

 

What if my application is refused?

 

British citizenship applications are refused for many reasons. Grounds for refusal can include incorrect documentation, failure to complete the form correctly and failing to respond to UKVI’s enquiries in a timely manner.

If your naturalisation application is refused, you may resubmit an application.

It is important to understand however why the application failed in the first instance and how this can be addressed or rectified. For example, was there an error in completing the form, was the incorrect fee paid or was there failure on discretionary grounds? We can provide guidance on how to approach a reapplication.

 

I have criminal convictions will this affect my application?

 

Yes, previous offences and convictions are likely to affect your application, although this does depend upon the type of conviction or offence.

For more information, it is best to speak to DavidsonMorris. Our solicitors will be able to advise as to when a conviction will become spent and when it is possible to apply to naturalise.

 

Need assistance?

 

At DavidsonMorris we have the experience to advise you on the most appropriate type of application for your individual circumstances and have the insight to make the British citizenship application process as smooth as possible. Contact us for specialist guidance.

 

British Citizenship for EU Nationals  FAQs

 

What is British citizenship for EU nationals?

British citizenship allows EU nationals to live, work, and vote in the UK without restrictions. It provides full legal rights and removes the need for immigration checks or visas.

 

What are the requirements for EU nationals to apply?

EU nationals must hold settled status under the EU Settlement Scheme or indefinite leave to reman, have lived in the UK continuously for at least 5 years, pass the Life in the UK test, prove English language proficiency, and meet the good character requirement.

 

What is settled status?

Settled status is the immigration status granted to EU citizens who have lived in the UK continuously for at least 5 years. It is a key requirement for applying for British citizenship.

 

Do I need to pass the Life in the UK test?

All applicants must pass the Life in the UK test, which assesses knowledge of British history, values, and traditions.

 

Can I apply for citizenship if I hold pre-settled status?

Pre-settled status is not sufficient. You must first complete 5 years of residence to apply for settled status, then apply for British citizenship.

 

How long does the citizenship process take?

The Home Office typically processes British citizenship applications within 6 months, but times can vary.

 

What happens to my current nationality if I become a British citizen?

The UK allows dual nationality, so you can retain your original nationality unless your home country restricts it.

 

Can my children apply for British citizenship?

Children born in the UK to EU nationals can apply, provided at least one parent has settled status or British citizenship at the time of their birth.

 

Will British citizenship affect my right to work in the UK?

British citizenship secures your right to work indefinitely, and you will no longer require immigration documentation for employment.