Apply for British Citizenship with Settled Status?

One of many widespread questions we’re requested by EU residents residing within the UK is “Can I Apply for British Citizenship with Settled Standing?”

The reply is that UK settled standing holders could also be eligible to use for British citizenship, supplied they will present they meet the UK naturalisation necessities.

Sadly, that is not often straight ahead. The naturalisation software calls for in depth supporting paperwork, which settled standing holders might want to adjust to to keep away from any points, delays or a refused software.

Can I apply for British Citizenship with Settled Standing?

Settled standing holders could also be eligible to use for British citizenship in the event that they meet the qualifying standards for UK naturalisation.

Among the many necessities is with the ability to show that you’ve lived within the UK for a interval of 12 months after the date you had been granted full settled standing.

If you happen to beforehand held everlasting residence standing which has been transferred to settled standing, you should use this era of everlasting residence in the direction of the 12 month qualifying interval.

You don’t want a everlasting residence card to use to naturalise with settled standing.

Assembly the naturalisation ‘lawful residence’ requirement

The difficulty for settled standing holders making use of to naturalise is that settled standing in itself is probably not proof of previous “lawful residence” within the UK.

It’s because the settlement scheme registration course of required proof solely of 5 years’ steady residence, and never proof of being right here lawfully below the EEA Laws and as outlined by the British Nationality Act 1981. In different phrases, ‘bodily residence’ required for settled standing will not be the identical as residing in accordance with the EEA Laws 2016, which is required below the citizenship necessities.

That is in distinction to the everlasting residence software course of, which required (in depth) proof of 5 years’ of exercising Treaty rights, i.e. as a job seeker, employee, self-employed, self-sufficient or pupil individual.

Because of this:

• EU nationals and their relations might have to attend longer than anticipated to use for citizenship so as to set up a enough and qualifying interval of lawful residence.
• Many settled standing holders are more likely to be ineligible for citizenship as they don’t meet the residence necessities, such college students, those that are self-sufficient and with out complete illness insurance coverage or candidates who had been economically inactive.
• The House Workplace might must request additional info from the citizenship applicant to reveal that they had been lawfully resident within the UK previous to the grant of settled standing.

The House Workplace has acknowledged that this steering is more likely to trigger points for a lot of, and that discretion could also be utilized in figuring out functions.

What are the British citizenship necessities?

Making use of for British citizenship includes a dedication to respect the legal guidelines, values and traditions of the UK, and in return, you may be granted the identical rights and benefits as some other British nationwide, not least that you may dwell and work within the UK free from immigration management.

Additionally, you will be capable to apply for a British passport and attain the best to vote in native and basic elections.

Naturalisation is the method of being granted British citizenship by satisfying sure eligibility standards.

In case your software for settled standing below the EU settlement scheme is granted, you will have to attend an extra 12 months earlier than you’ll be able to apply to naturalise.

That is no matter how lengthy over and above the 5-year minimal naturalisation residence requirement you’ve gotten lived within the UK for.

Generally, this implies that you will want to attend till you’ve gotten lived within the UK for six years earlier than you’ll be able to apply for British citizenship.

This differs to the foundations relevant to EU residents who’ve utilized for UK everlasting residence, who could possibly apply for citizenship as quickly as they’ve attained the 5 years residency with out ready an extra 12 months, equivalent to spouses of British residents and of UK settled individuals.

Eligibility for British citizenship may also rely on assembly additional qualifying standards:

• You’re aged 18 or over
• You’re of sound thoughts
• You’re of fine character, ie; no latest or severe prison report
• You may have enough information of language and life within the UK
• You meet the residence necessities, ie; not been absent for greater than a set variety of days in the course of the 5 12 months interval of residence
• You propose to proceed to dwell within the UK, except you might be married to or in a civil partnership with a British citizen.

What’s the software course of for British citizenship with settled standing?

Offered you meet the eligibility standards, together with the continual residence requirement, you’ll be able to apply to develop into a British citizen by the use of naturalisation utilizing an internet kind. You may as well apply by publish utilizing Kind AN entitled “Turn out to be a British citizen by naturalisation”. It prices £1,330 to use.

As a part of the appliance, you may be requested numerous questions referring to the eligibility standards, together with how you propose to fulfill the requirement to have enough information of language and life within the UK. The power to speak in English, and have information of life within the UK, varieties an integral a part of the dedication to respect the legal guidelines, values and traditions of the UK.

Until exempt, you will have to have first handed the “Life within the UK check” previous to submitting your software. Additional, except you’re a nationwide of a majority English talking county, additionally, you will want to offer proof of:

• an accepted English talking and listening qualification
• a UK diploma or different educational qualification deemed to be equal to a UK qualification taught or researched in English.

As a part of the appliance course of additionally, you will must make an appointment at a UK Visa and Citizenship Utility Companies (UKVCAS) service level to offer your biometric info, ie; your fingerprints and a photograph. This can value a further £19.20.

British citizenship software selections can take as much as 6 months. If profitable, you could attend a House Workplace citizenship ceremony inside three months the place you may be requested to affirm or swear an oath of allegiance to Her Majesty the Queen, and to pledge your loyalty to the UK. It prices £80 to attend a gaggle ceremony.

Following the ceremony, you may be offered together with your certificates of naturalisation below British citizenship. Please observe, you might be fined if you don’t return your biometric residence allow again to the House Workplace inside 5 working days of getting your certificates of British citizenship.

With British citizenship, you’ll be able to then apply for a British passport.

Attaining Settled Standing

If you’re an EU citizen, or the member of the family of an EU citizen, residing within the UK, you will have to have utilized for settled standing below the EU settlement scheme to have the ability to proceed to dwell and work within the UK post-Brexit.

This scheme was designed to honour an settlement reached between the UK authorities and the EU to guard the rights of EU residents residing within the UK. The UK has additionally reached an settlement with Iceland, Liechtenstein and Norway, in addition to a separate settlement with Switzerland.

Topic to profitable registration below the scheme, EU residents (and their eligible relations) with settled standing can proceed residing and dealing within the UK for so long as they need, supplied they fulfill the continual residence requirement.

To be granted settled standing, candidates will need to have lived constantly within the UK for the final 5 years, in any other case they are going to be granted what is called pre-settled standing. This can give permission to dwell and work within the UK till the person has reached the five-year steady residence level, at which era they will reapply for full settled standing.

To be eligible to use for the EU settlement scheme, candidates should both be an EU, EEA or Swiss citizen, or their member of the family. These with indefinite go away to stay don’t want to use for settled standing.

Relations embody the partner, civil associate or single associate of an EU, EEA or Swiss citizen, in addition to these associated to an EU, EEA or Swiss citizen, or their partner or civil associate as their:

• dependent little one, grandchild and nice grandchild
• dependent dad or mum, grandparent or nice grandparent
• dependent relative, together with siblings, aunts and uncles, nieces and nephews, and even cousins.

Relations don’t have to be from the EU, fairly they will come from wherever on the earth. These people are often known as non-EU citizen relations.

There are additionally numerous different circumstances during which a non-EU citizen could also be eligible to use for settled standing, together with the place they used to have an EU, EEA or Swiss member of the family residing within the UK however have separated or they’ve died, or the place they’re the first carer of a British, EU, EEA or Swiss citizen.

To use for settled standing you will have to finish a brief on-line software, offering element about your identification, your UK residence, how lengthy you’ve gotten lived within the UK and, the place related, your relationship to an EU, EEA or Swiss citizen.

The EU settlement scheme closed to new functions on 30 June 2021, with a quick grace interval permitted to permit for many who missed the unique deadline.

Need assistance making use of for British citizenship with settled standing?

Making use of for British citizenship is a posh course of, requiring cautious consideration of eligibility and thorough preparation of in depth supporting documentation.

DavidsonMorris concentrate on UK citizenship, and may assist with all points of your software; from eligibility for settled standing, to offering steering on constructing a strong submission with supporting paperwork and references in assist of your naturalisation software.

From settled standing to British citizenship FAQs

Final up to date: 21 August 2021