British citizenship for EU citizens resident in the UK

An overview of the requirements for naturalisation can be found here:

http://www.immigration-help.co.uk/visa-applications/citizenship

This practice note is to alert EU Citizens to specific difficulties they may have, without being so aware

The residential requirements for acquiring British Citizenship by naturalisation are:

• A year’s presence in the UK with Indefinite Leave to Remain,

And

• • Five years lawful presence prior ( reduced to three where married to a British Citizen.) -

And

• Absences must not be in excess of 450 days over the five year period, ( reduced to 270 days for the corresponding three year period.)

And

• There must not have been an absence of ninety days or more in the last year.

And

• There must not have been any Immigration breaches of the last ten years.

Comment

• Absences

Free movement has entailed an absence of Immigration stamps in the passports of EU nationals making it difficult to dates of arrival and departure from the United Kingdom.

The Home Office in its guidance to staff states that where applicants submit their National Insurance number on the application form, their physical presence should be automatically identified by the government’s own records.

Those who do not have a National Insurance number, or only acquired one part way through their claimed presence will need to consider what further information to show presence, given the absence of Immigration endorsements in their passports.

As a matter of principal, as absences more than the limit would be an assertion by the Secretary of State, it would be for the Home Office to prove. Notwithstanding it is better to supply the evidence than to fund the contest

• No Immigration breaches over the last ten years.

EU Rights of Free Movement ended on the 31st December 2020. The UK authorities then gave a grace period of up to the end of June for individuals to regularise their position.

Any individual who had applied for settled status or pre settled status under the EUSS scheme before 31st December 2020, would have been continuously and lawfully present.

Any individual who applied between the 1st January 2021 and the 30th June 2021, did so under a grace period.

The Home Office will accept that those who had EU Permanent Residence Cards who did then applied under the grace period, as always having been lawfully present.

For those who did not have a Permanent Residence Card, but did apply between January and July 2021, the Home Office will require proof of having exercised Treaty Rights under EU Law, over the five to six year period, normally through the form of economic activity.

Students and self sufficient persons needed to have Comprehensive Sickness Insurance during their presence in the United Kingdom.

This includes the EHIC , but it would have had to have been valid during the currency of time relied upon. That is to say over the previous decade of residence in the United Kingdom. Further those who are considered to have been ordinarily resident would have met the requirements.

Under the 2022 Borders and Immigration Act the Home Office will waive such breaches where someone has obtained Indefinite Leave to Remain unless, subsequent information comes to light which warrant a review of the grant of Settled status.

Since 1992, Magne & co has specialised in Immigration and Nationality Law. For more information please contact : post@magne.co.uk or call 0208 399 3939 for either a consultation at our offices or via zoom.