Shabana Bukhari 
In this blog we will provide a comprehensive guide on British citizenship for EU citizens post-Brexit. You will be introduced to the new rules, application process, and the impact that Brexit has had on EU citizens’ rights to live, work, and study in the UK. This guide will ensure that EU citizens have a smooth transition and are able to secure their rights as a British citizen.
New rules and their impact on ‘British Citizenship for EU Citizens’ rights
Following Brexit there was an end to the EU free movement and therefore new rules on how EU nationals apply for British citizenship were introduced.
Prior to Brexit, EU (and EEA) nationals could apply for settled status under the EU Settlement Scheme which provided almost identical rights as a British national:
- Right to live.
- Right to work.
- Access to public services, such as the NHS and state benefits.
- Ability to spend up to five consecutive years outside the UK without losing your settled status.
Gaining this settled status was also used as part of the naturalisation route to British citizenship.
However, this Scheme has now been stopped for any applications after the 30th of June 2021 deadline. Therefore, in this blog we will discuss other routes to British citizenship for EU nationals post Brexit.
Why should EU nationals apply for British citizenship?
Settled status, either for those able to apply for the EU Settlement Scheme or those with ILR grants EU nationals almost the same rights as a British citizen.
However, you can also easily lose your settled status. Most commonly this status is lost if you travel overseas and fail to return to the UK for more than 5 years. Alternatively, if one commits a serious crime, you may also lose your status.
Therefore, EU nationals should consider applying for British citizenship as there is no restriction put on how much time you are able to spend overseas. It also allows you to vote in UK elections.
Eligibility requirements to British Citizenship for EU Citizens
One of the eligibility requirements to naturalise as a British citizen is the residency requirement. Read the other requirements here: British citizenship comprehensive guide.
The residency requirement for British Citizenship for EU Citizens encompasses several key aspects:
- Absence from the UK.
If you are married to a British citizen, you must not have spent more than 270 days overseas during your three-year qualifying residential period.
For those not married to a British citizen this is no more than 450 days overseas during your five-year qualifying residential period.
In both cases applicants must not have spent more than 90 days overseas in the final year.
- Legality of residence.
Applicants must not have broken any UK immigration laws. Talk to one of our team at Henleaze if you are unsure if this may be a problem for your application.
- Settled status.
As discussed above there are several ways to prove settled status following Brexit:
- If you have settled status through the EU Settlement Scheme because you made your application prior to the 30th of June 2021.
Even if your application is still ‘pending’ if you complete it before the deadline above there is no need to stress. You may continue to exercise your settled rights, such as working, studying, and accessing NHS services.
Discover more about the EU Settlement Scheme in our blog [insert hyperlink].
- If you do not have settled status and the deadline has passed for applying under the EU Settlement Scheme there are two options:
- You may fall under ‘reasonable grounds’ which allows you to nonetheless apply for the EU settlement scheme although the deadline has passed.
Browse these Home Office’s reasonable grounds here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1149607/EU_Settlement_Scheme_EU_other_EEA_Swiss_citizens_and_family_members.pdf.
- Or you must apply for a visa to move to the UK and then applying for Indefinite Leave to Remain here: https://www.gov.uk/indefinite-leave-to-remain#:~:text=You%20must%20usually%20have%20lived,this%20depends%20on%20your%20visa. ILR is another type of settled status which can be acquired following five years of residence in the UK on certain visas.
Browse visa options here: https://www.gov.uk/browse/visas-immigration.
- If you possessed permanent residency which was issued before the 31st of December 2020 and have made a British citizenship application before the 30th of June 2021.
Also, make sure that your country of origin allows dual nationality. Read about some of the countries that permit this in our blog dual nationality.
Online application steps to British Citizenship for EU Citizens
Step 1: Those who are living in the UK, can use the Form AN for the application of British Citizenship by naturalisation. Here: https://www.gov.uk/government/publications/become-a-british-citizen-by-naturalisation-form-an.
Note that those who are not married to a British citizen must show that they have been settled in the UK for at least one year before making an application for citizenship. Those that are married to a British citizen do not need to wait and may instead make an application straight away.
Step 2: Upload supporting evidence.
Step 3: Pay the application fee of £1,330.
Step 4: You must book a biometric appointment with the UKVCAS which will cost £19.20.
Step 5: The Home Office will decide in around 6 months’ time on the success of your application which you will be notified of in writing.
- If you are successful in gaining British citizenship, you must book and attend a citizenship ceremony which you can read about here: Citizenship Ceremony.
- If you are unsuccessful in gaining British citizenship, there are several options:
- Submit a new application.
- Reconsideration of your original application.
- Judicial review.
FAQs About ‘British Citizenship for EU Citizens’
How much does naturalisation as a British Citizenship for EU Citizens cost?
This will cost £1,330.
Why Was My Application for British Citizenship for EU Citizens Refused?
There are several reasons for an unsuccessful British citizenship application. The most common is that incorrect or missing evidence has not been supplied alongside your application. Therefore, the Home Office has no proof that you meet all the eligibility requirements. Other reasons for refusal include paying the incorrect application fee.
What documents do I need to provide as an EU national when applying for British citizenship?
You will need to provide proof of identity documents, such as a passport, BRP and national insurance number. Also, as part of the English language requirement you must provide evidence of passing the ‘Life in the UK Test’ or degree information. Finally, to prove the residency requirement you must produce evidence from your employer or educational institute.
Can my British citizenship be revoked?
Yes, British citizenship can be revoked. This is different to renounced which is a personal decision. Revoked on the other hand is instigated by the Home Office if they discover that you have obtained your British citizenship by deception or fraud. Alternatively, if it is discovered that you are involved in criminal conduct not already disclosed when applying.
When applying it says that I need to provide details of two referees. Who should these be?
These two referees are there to help prove your identity and they must have known you for at least three years. However, they cannot be employers of the Home Office, family, or your solicitor. Instead, they should be a British passport holder who is either older than 25 or has ‘professional standing’. Follow this link to discover if your chose referees are ‘acceptable professional persons’: General nationality applications: caseworker guidance – GOV.UK (www.gov.uk).
What if my country of origin does not permit dual nationality, can I still apply for British citizenship?
You may still apply for British citizenship, but you must renounce your citizenship from your country of origin first.
Am I still eligible to apply for settled status under the EU Settlement Scheme?
You must have made your application before the 30th of June 2021 to apply for settled status under the EU Settlement Scheme. Alternatively, if you have not made an application before this date you may nonetheless fall under the Home Office’s ‘reasonable grounds’ discussed above.
Summary About ‘British Citizenship for EU Citizens’
Following Brexit, there have been some changes to the way in which EU nationals can acquire settled status, which can be used to naturalize as a British citizen. In this blog, we have discussed how to prove settled status post-Brexit and the online application process for British citizenship for EU citizens.
Please contact our expert team of immigration lawyers at Henleaze Law on 0117 908 4625 for legal assistance on how to apply for British settled status now that the deadline has passed or advice on British citizenship by naturalisation applications. We can even help you understand why your citizenship application has failed and guide you through your options to reapply. Contact Us now!
