• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Anglia Immigration Law

Affordable Highest Quality Immigration Services

  • Home
  • About Us
  • Immigration Services
    • Points Based System
      • Tier 1 (General) Visa
      • Tier 1 (Exceptional Talent) Visa
      • Tier 1 (Investor) Visa
      • Tier 1 (Entrepreneur) Visa
      • Tier 2 Work Permit Applications
      • Tier 2 (Intra-company Transfers) Visa
      • Tier 2 (Sportsperson) Visa
      • Tier 2 (Minister of Religion) Visa
      • Tier 4 (Students) Visa
      • Tier 5 (Temporary Worker) Visa
      • Tier 5 (Youth Mobility Scheme) Visa
    • Family Visas
      • UK Fiancé(e)/ Proposed Civil Partner Visa
      • UK Spouse/ Civil Partner Visa
      • UK Unmarried Partner Visa
      • UK Dependent Child Visa
      • UK Adult Dependent Relative Visa
      • Parent of a child in the UK Visa
    • Visit Visas
      • UK Standard Visitor Visa
      • UK Marriage/ Civil Partnership Visitor Visa
      • UK Permitted Paid Engagement Visa
      • UK Transit Visa
    • EEA Applications
      • Complete Guide to EEA Family Permit
      • EEA Family Member Residence Card
      • EEA Permanent Residence
    • Appeals
      • EEA Appeals
      • Immigration Appeals
      • Appealing Against Refusal of an Asylum Application
      • Deportation Appeals
      • Entry Clearance Appeals
    • Detailed Guide to Applying for British Citizenship
    • Indefinite Leave to Remain in the UK
    • Extensions of Stay in the UK
    • Long Residence and Private Life
    • Leave Outside of the Immigration Rules
    • Asylum & Humanitarian Protection
    • Bail Applications
  • Contact Us
    • Our Lawyers in London
    • Our Lawyers in Norwich
  • 01603 927676
  • 020 8090 2992
Home » Home Office creates additional hurdle for Europeans applying to become British citizens

News / 20th May 2020

Home Office creates additional hurdle for Europeans applying to become British citizens

The Home Office updated their nationality policy on 15 May 2020 and made it more difficult for European nationals who have settled status to apply for British citizenship.

One of the requirements of the British Nationality Act 1981 is for an applicant to demonstrate that he or she was not at any time in the period of five years ending on the date of the application (or three years if such person is married to a British citizen) in the United Kingdom in breach of the immigration laws.

The difficulty is that a grant of settled status under the new UK government EU Settlement Scheme does not confirm that a person was here lawfully under the EEA Regulations during that time, as defined by the British Nationality Act 1981 as this is not a requirement of the EU Settlement Scheme.

It follows that for an EEA national to successfully apply to naturalise as a British citizen one will not only have to show that he or she has settled status, but also satisfy the Home Office by providing additional evidence that they have been in the UK lawfully under the EU law prior to being granted settled status to cover the period of three or five years according to their circumstances.

In order for an EEA national to demonstrate that he or she has lived in the UK lawfully prior to being granted settled or pre-settled status, they will have to demonstrate they have either themselves been a qualified person (worker, self-employed, jobseeker, self-sufficient or a student) or a family member of a qualified person.

These are worrying news for those EU nationals who have lived in the UK as self-sufficient or students and never had a comprehensive medical insurance. Even though they can get settled status under the new scheme, their residence in the UK is deemed to be unlawful under the EEA Regulations. The guidance however states that the Home Office’s caseworkers are able to exercise discretion in cases where an individual have not had a comprehensive medical insurance if appropriate considering their particular circumstances. We assume it would be decided by a caseworker on a case to case basis.

It is very important to mention, that those EU nationals who have been issued with documents certifying their permanent residence under the EU law do not need to provide any additional evidence to prove that they have been residing in the UK lawfully. The document itself is a proof of five years lawful residence in the UK. Furthermore, compliance with the EU law is only relevant to the residence prior to the grant of pre-settled or settled status as an applicant can rely on residence since being granted pre-settled or settled for nationality purposes without need to produce any additional evidence.

Filed Under: News

Primary Sidebar

Our Reviews

5-Star Rating on Google+ 5-Star Customer Rating on Google+
5-Star Reviews on Facebook 5-Star Customer Reviews on Facebook

Accreditations

 

Anglia Immigration Law Accreditations
Regulated by the OISC (Office of the Immigration Services Commissioner). Ref. No. F201700067.

Footer

Norwich Office

Anglia Immigration Law Ltd
Cavell House, Stannard Place
St Crispins Rd
Norwich
NR3 1YE
Tel: 01603 927676
Fax: 01603 927879
info@angliaimmigration.co.uk

London Office

The Link
49 Effra Road
London
SW2 1BZ
United Kingdom
Tel: 020 8090 2992
Fax: 020 8004 8594
info@angliaimmigration.co.uk

ABOUT US

Who We Are
Our Offices
Privacy Policy
Terms and Conditions
Sitemap

FOLLOW US

Facebook | Google+ | LinkedIn | Twitter

SERVICES

Points based Visas

Family Visas

Visit Visas

EEA Applications

Appeals

Applying for British Citizenship

Indefinite leave to remain in the UK

Extension of stay in the UK

Long residence and private life

Leave outside of the immigration rules

Asylum and humanitarian protection

Bail applications

Copyright © 2018 Anglia Immigration Law. All rights reserved.