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The requirements to naturalise as a British citizen are:

  • The applicant must be 18 or over
  • The applicant must be of “good character”
  • The applicant must intend to continue to live in the UK
  • The applicant must meet “knowledge of English” and “life in the UK” requirements
  • The applicant must meet the residency requirement

Of these, it is the residency requirement that causes the most confusion and also the most problems. There are three parts to it:

  • The applicant must prove they are settled
  • The applicant must prove the length and legality of their residence in the UK
  • The applicant must meet the required level of presence in the UK during a qualifying period

Because of the way that EU and British laws work, there are quirks to these requirements which EU citizens should be aware of. In particular, being married to a British citizen makes a difference and also whether you apply for permanent residence or settled status.

Proving you are settled

A person must be legally settled in the UK before applying for naturalisation. EU nationals can do this in two ways:

  • Obtaining a document that certifies permanent residence under EU free movement law. This is possible until 31st December 2020; or
  • Obtaining settled status using the British government’s Settlement Scheme.

The settled status scheme was opened to the general public in January 2019 and it has become the most common way for EU citizens and their families to secure their UK immigration status. In general, settled status is faster, easier and cheaper to obtain for those who just want the right to remain in the UK. However, if you’re going to apply for British citizenship, eventually you may still wish to apply for the permanent residence status.

Scarsdale Immigration Solicitors

Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham and Scarsdale Solicitors Rochdale are continually monitoring the evolving Coronavirus COVID19 situation and following all the recommended guidance and advice that is issued by the UK Government, NHS and Public Health England. Our Manchester Immigration solicitorsOldham immigration solicitors and Rochdale immigration solicitors clients can be rest assured that we remain open for business to support you and your family at this time.

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