Now that Brexit is looming, many of those EEA nationals in the UK are rethinking who they are and what they want to do. The UK government has stated that EEA citizens can seek Settled Status in the future after Brexit, but it is doubtful whether this will be a stable position in the long term. This has led to a lot of EEA nationals wanting to get British Citizenship so that they can come to the UK and live and work, no matter what happens to Brexit.
How Do You Know The Difference Between a Permanent Residence and a Permanent Residence Card?
Many get lost in the words associated with UK immigration law. Permanent residence: an EEA citizen resident in the UK for at least five years and acting by Treaty rights (working, self-employed, studying, economically independent) is a permanent resident.
A Permanent Residence Card is just evidence of this. You get no new rights through it but you need it to demonstrate permanent residence. Before the 2016 Brexit vote, it wasn’t applied for by most EEA citizens, and you couldn’t get it used for most things.
Why Do I Need a Permanent Residence Card?
In 2015, the UK Home Office introduced a new rule: if you want to apply for British Citizenship, you need to have a Permanent Residence document for at least 12 months before applying. This means you cannot apply for citizenship immediately after living in the UK for five years.
If you attempt to apply for British Citizenship without having a Permanent Residence Card, your application will be refused, and you will lose both time and money.
How to Apply for Permanent Residence Status
To qualify for a Permanent Residence Card, you need to meet the following requirements:
- You have lived in the UK for at least five years.
- You have been exercising Treaty rights (working, self-employed, studying, or economically self-sufficient).
- Alternatively, if you are the dependent of an EEA national who is working or self-sufficient, you may qualify as well.
- You have documentation proving your employment, studies, or self-sufficiency during this time.
- If you were a student or self-sufficient, you need to show that you had Comprehensive Sickness Insurance during this period.
It’s important to note that many Permanent Residence Card applications are rejected because the applicant cannot show they had the required insurance.
How to Apply for British Citizenship
To apply for British Citizenship, you need to meet several key requirements:
- You must have lived in the UK for six years. This includes:
- Five years before you receive your Permanent Residence Card.
- One additional year with Permanent Residence status before applying for citizenship.
- You cannot have been outside the UK for more than:
- 450 days in the last five years.
- 90 days in the last 12 months.
- You must have good character, meaning you have followed UK immigration laws and have not been involved in any criminal activities.
- You must be able to prove you will continue living in the UK.
- You need to pass:
- The Life in the UK Test.
- An English language test.
If your spouse or partner is a British citizen, the requirements may be different. Parents can also apply for citizenship for children under 18, and children don’t need to take the Life in the UK Test.
What Does “Good Character” Mean?
When applying for British Citizenship, the Home Office will check if you have a good character. This means you haven’t broken any UK immigration laws, and you haven’t been involved in any serious criminal activity.
Case Study: Jorge’s Journey to British Citizenship
Jorge, a German national, has been living and working in the UK since 2011. He decided to apply for British Citizenship to ensure he could continue living and working in the UK post-Brexit.
He applied for his Permanent Residence document in October 2016, exactly five years after he arrived in the UK. By October 2017, he was eligible to apply for British Citizenship, and he expects to receive his passport before the end of the year.
Once your application for British Citizenship is approved, you will be invited to a citizenship ceremony, where you’ll swear an oath of allegiance. The cost for this ceremony is £80, and you can bring two guests.
How Law and Visas Can Help You Apply for British Citizenship
At Law and Visas, we are experts in helping EEA nationals apply for British Citizenship. We’ll help you understand the requirements, check your eligibility, and guide you through the application process. If you need to obtain a Permanent Residence Card, we can assist with completing the necessary forms and gathering the required documents.
Whether you are ready to apply for British Citizenship or need help obtaining Permanent Residence first, our team is here to provide clear, expert advice and representation.
Contact Law and Visas today for professional help with your British Citizenship application.
