How To Prove Five Years Lawful Residence

1. Being settled

The applicant must prove they are not “subject under the immigration laws to any restriction on the period for which [they] might remain in the United Kingdom”. It takes five years in EU law to acquire permanent residence. This requirement means some groups may not to be eligible for British citizenship:

• • Stay-at-home parents or carers

• • Low-paid, part-time or self-employed workers

• • Exploited or abused individuals

• • Children

2. Prior lawful residence

An applicant must show a period of prior lawful residence for:

• • Three years if married to a British citizen

• • Five years if not married to a British citizen

3. Proof of qualifying residence

Even if an EU citizen has been working for three or five years, it is not always easy to prove it. Many workers are paid cash in hand. Some don’t have bank accounts. Some self-employed workers may not have formal accounts or other documents required by the Home Office.

4. Absences from the UK

A spouse of a British citizen must show they have lived mainly in the UK throughout the qualifying period. This might pose problems for some EU citizens who left the UK to care for a relative, or travel a lot.