As we speak to an increasing number of EEA citizens wanting to know about their current and future immigration status in the UK, we have recognised that many are considering making applications to naturalise as a British citizen. Ruth Jowett explains the main requirements of an application.
Benefits of naturalising as a British citizen
It is not necessary for EEA citizens or their non-EEA family members to naturalise as British citizens in order to protect their immigration status in the UK post-Brexit.
Obtaining British citizenship would allow an individual to vote in the UK, there would be no future immigration restrictions on their absences from the UK (settled status will be lost if an individual remains outside of the UK for five years) and any children born would automatically acquire British citizenship.
Who can apply
For EEA adults wishing to obtain British nationality, an application to naturalise must be made under section 6 of the British Nationality Act 1981.
EEA citizens will become eligible to apply for naturalisation after having been free of immigration restrictions in the UK for one year. Individuals will typically be free of immigration restrictions once they have acquired permanent residence under the EEA regulations or settled status under the UK government’s EU Settlement Scheme (EUSS). (There may be some cases where an individual obtained ILR many years ago under UK domestic legislation in force at the time). Those who are married to British citizens can apply straight away after obtaining such status, and do not have to wait one year.
EEA citizens wishing to apply for British citizenship: The requirements
There is no specific route to naturalisation solely for EEA citizens. The requirements are applicable to people of all nationalities.
As such, the following must be met:
- the applicant is aged over 18;
- the applicant is of sound mind and understands the step which they are taking;
- the applicant intends to continue living in the UK (unless married to a British citizen);
- the applicant can communicate in English to an acceptable level;
- the applicant has sufficient knowledge of life in the UK as evidenced by passing a Life in the UK Test;
- the applicant is of good character; and
- the applicant has lived in the UK for at least five years (or three years if married to a British citizen).
Absences
In addition to the above, individuals making an application to naturalise as a British citizen must meet certain residence requirements. We have taken a detailed look at these requirements here.
When applying to naturalise as a British citizen, an individual will need to show that they have spent no more than:
- 90 days outside the UK in the 12 months prior to submitting their application; and
- 450 days in total outside the UK across the five years prior to submitting their application*.
Those who are married to British citizens, must have spent no more than:
- 90 days outside the UK in the 12 months prior to submitting their application; and
- 270 days in total outside the UK across the three years prior to submitting their application*.
*unless discretion may be applied.
It is important that EEA citizens keep these residence requirements in mind, as they are different to those applied to applications for settled status or documents certifying permanent residency.
Good character requirement
One of the more complex considerations of a naturalisation application is the requirement for applicants to be of ‘good character’.
There is no definition of ‘good character’ in the British Nationality Act 1981, which sets out the right to apply for naturalisation. However, the Home Office does provide guidance on what factors will be considered.
These factors are:
- Criminality
- International crimes, terrorism and other non-conducive activity
- Financial soundness
- Notoriety
- Deception and dishonesty
- Immigration related matters
- Deprivation
Particular consideration should be given to the following aspects of the good character requirement on the basis of the UK’s exit from the EU:
- Overstaying, illegal entry and breaches of Immigration Law
Prior to the UK leaving the EU, EEA nationals have not needed to make an application to ensure they maintain the right to reside in the UK. However, after the UK leaves the EU, this will no longer be the case. Based on the current position as set out by the UK government, EEA nationals will have until 31 December 2020 (or 31 June 2021 if the current draft Withdrawal Agreement becomes law) to apply for either settled or pre-settled status. Evasion of immigration control will usually lead to an application for British Citizenship being rejected. Therefore, it is important that EEA nationals seeking to naturalise as a British Citizen one day, apply under the EU Settlement Scheme within the recommended deadline. - Deception and dishonesty
One of the most common reasons for refusal in a British citizenship application is where an applicant has used deception or dishonesty in a previous immigration application. Whether or not the deception was relevant to the grant of leave from the previous application is in fact irrelevant. Therefore, EEA nationals applying under the EU Settlement Scheme must ensure that all the information they provide is accurate. - Criminal Convictions
Currently, EEA nationals residing in the UK in line with free movement rights, are subject to a more lenient criminality deportation threshold than that which is applied to non-EEA nationals. However, criminal convictions are considered equally in applications for British citizenship, regardless of the nationality of the individual. Furthermore, post-Brexit, criminality and deportation thresholds based in UK immigration law will also be applied to EEA citizens.
English language and Life in the UK
Adults (aged 18-65) wishing to naturalise as a British citizen must prove that they have sufficient knowledge of the English language. This can be proved by having either:
- an English language qualification at B1, B2, C1 or C2 level; or
- a degree taught or researched in English.
Applicants must also pass the Life in the UK test.
Costs
The Home Office application fee is currently £1,330 and this has been frozen for the 2019/2020 financial year.
EEA nationals wishing to apply for British citizenship: How we can help
We are experienced in preparing and advising on naturalisation applications. If you would like to speak with one of our team for advice on this area of law, please contact us.
