Applying for UK citizenship: New guidance for EU nationals
On Friday, 15 May 2020, the UK Home Office released new guidance for nationality caseworkers dealing with British citizenship applications from European Economic Area (EEA) nationals and Switzerland. It is essential to follow these new rules to prevent a rejected citizenship application, so it’s important to be aware of how they affect you or your partner.
British citizenship for EU nationals is the step after gaining settled status as an EEA national. If you or a family member are from the EEA or Switzerland, you’ll usually receive settled status (indefinite leave to remain) after living in the UK for five years. You can then apply for UK naturalisation and a British passport after 12 months (or immediately if you’re the married or civil partner of a British citizen). This is not a mandatory application, however, but without British citizenship you cannot vote in the British general elections.
There are three general updates to understand:
Comprehensive sickness insurance requirement
EEA nationals who did not have comprehensive sickness insurance when they were supposed to (i.e. students and self-sufficient persons) in the qualifying period for naturalisation will be deemed to have failed the requirements for an application. Any applicant applying under these circumstances is unlikely to be successful with their application. EEA nationals who did not have comprehensive sickness insurance when required to do so in the 10-year period before their application are also likely have their applications refused.
Permanent residence under older rules
EEA nationals who have been granted permanent residence under older rules will be deemed to have been lawfully resident in the qualifying period unless a major absence from the UK has resulted in the loss of the status (more than five years away from the UK from the moment the permanent residence was deemed granted).
EU Settlement Scheme nationals
EEA Nationals who have been granted settled status under the EU Settlement Scheme will not be deemed to have been lawfully resident in the qualifying period for naturalisation.
This means that you will have to consider whether they were exercising treaty rights at the time in question.
This point could lead to many refused applications. There may be confusion as to how someone can acquire indefinite leave to remain using a five-year qualifying period and then later be refused citizenship by being told that they were unlawfully in the UK during the same period.
These new rules will extend to, amongst other things, ensuring that workers were working (including checking that they earned enough to be deemed workers and were paying tax), students were studying and had comprehensive sickness insurance, non-EU citizen family members of EU nationals remained family members (i.e. children over 21 remaining part of a household or divorced spouses retaining a right of residence) etc. These points above apply equally to Swiss citizens.
What to do before you apply for UK citizenship
No matter where you are on your path to British citizenship, it will save you a lot of money and possible application rejections if you know exactly where you stand and how likely your application is to be successful.
Check on your situation with regards to the above changes before you go ahead with your application. You can also speak to a professional citizenship consultant for absolute peace of mind.
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