As many people have now completed five years under the EU Settlement Scheme (EUSS) and would have been granted Settled Status, some may wish to consider naturalising as a British citizen. Here we look at the process and some of the differences between this application and the EUSS.
Why naturalise?
Those who have Settled Status do not have to naturalise as a British citizen. They can continue to reside in the UK and be free from the UK’s Immigration Rules.
However, there are some advantages of naturalising. Those who are British can hold a British passport, which may make Right to Work checks and entering the UK through passport control slightly easier. Those who hold Settled Status can lose that status if they are outside of the UK for five continuous years, whereas British citizenship is not lost in the same way. This allows greater flexibility to some applicants. If an individual holds British nationality, this may also be passed down to children born outside of the UK in most cases, which may not apply to those with Settled Status who have children born outside of the UK.
In addition, there may be a desire to obtain British citizenship to ‘complete the process’ after potentially spending a five year period in the UK, meeting various requirements.
Application process
For many EU citizens who applied for Settled Status originally, or who switched to Settled Status after completing five years of residence in the UK with ‘Pre-Settled Status’, the application process would have been largely straightforward.
Applicants would have verified their identity online and completed a short application form. In some cases, few supporting documents may have been provided as applicants were told, in real time at submission, whether the Home Office system had enough data to verify their residence in the UK. The application would have been free and a decision emailed across, in some cases within days.
The naturalisation process is more complex. The application form is much longer, requiring a list of all absences over the past three or five years, details of employment and details of family members for instance. Once submitted, applicants must attend a biometric appointment in person where they have their fingerprints scanned, their photograph taken and submit their signature.
Supporting documents must be provided, and often this amounts to many pages of evidence demonstrating physical residence in the UK, connections to the country and employment, education or volunteering history. The processing time is often up to six months (although this can be variable) and then there is the small matter of the fee of £1,630.
However, the requirements to be met are often fairly straightforward, which we set out in more detail below.
The naturalisation requirements for EU citizens
The main requirements are that the applicant:
- is over 18 years old;
- has sufficient knowledge of English language and has passed a Life in the UK test;
- is of good character and sound mind;
- has not broken any immigration laws whilst in the UK;
- intends to make the UK their principal home;
- holds Settled Status;
- has held Settled Status for at least 12 months unless married or in a civil partnership with a British citizen;
- has lived in the UK for at least five years before the date of application. If married or in a civil partnership with a British citizen, they must have lived in the UK for at least three years before the date of application;
- has spent less than 90 days outside of the UK in the last 12 months; and
- has spent less than 450 days outside the UK during the five year period. If married or in a civil partnership with a British citizen, they have spent less than 270 days outside the UK during the three year period.
There is a separate process of registering as a British citizen for those under 18.
English language and Life in the UK
Unlike in a Settled Status application, most applicants must demonstrate a knowledge of English to a qualification level of B1 or above. This can be demonstrated by being a national of specified majority English speaking countries (if a dual national for instance), by having undertaken a degree in English or by passing a specified English language test.
Most applicants must also pass a Life in the UK test, a test about the UK’s history and culture. This generally has a fee of £50 and can be taken as many times as required.
Good character
The UK’s good character requirements can be complex. If an applicant has been refused visas previously, or broken any laws in the UK or elsewhere, they may wish to seek formal advice.
Intention to make the UK your principal home
This requires demonstrating connections to the UK. The strongest evidence includes evidencing family members living in the country, historical and current work or employment, undertaking social or community activities and owning substantial property including a home or a car. Any future plans can also be detailed at this point.
Holding Settled Status
Only those who hold Settled Status are able to apply to naturalise as British citizens. Although those who hold Pre-Settled Status should now see this status continue automatically, they would need to either apply for Settled Status or receive this status automatically in order for them to then apply to naturalise as a British citizen.
Those who are married or in a civil partnership with a British citizen can apply to naturalise as a British citizen as soon as they are granted Settled Status. Those who are not, must wait 12 months from being granted permission in order to make an application.
Absences and residence requirements
The bulk of the documents to provide include demonstrating physical residence in the UK. This can include documents such as utility bills, Council Tax bills, rental or mortgage documents and letters of support. It is important to have a selection of documents from across the period being relied upon, which is three years if married or in a civil partnership with a British citizen, or five years if not.
In addition, the absences requirement can take some consideration. Although there was an absences requirement as part of the Settled Status application, significantly more details are required in this application. It can be worth applicants submitting a Subject Access Request to obtain the details the Home Office has of their travel history, if helpful. If there have been excess absences, applicants may also wish to seek formal advice, as there can be discretion in certain scenarios.
Naturalisation: How our Immigration Solicitors can help
Naturalisation applications can be complex, and all of the requirements must be considered carefully. The Home Office will carefully scrutinise the application and if it considers that the applicant does not intend to stay in the UK, or if any of the other requirements have not been met, the application will fall for refusal.
There is no right of appeal for a refusal of a naturalisation application, therefore it is essential that the application is prepared thoroughly and carefully.
We are experienced in preparing naturalisation applications to ensure a successful outcome. We will provide expert guidance and assistance to you throughout the process.
If you require legal assistance, or would just like to discuss your situation with one of our experts, please contact us or complete our enquiry form below.
