The five years lawful residence requirements for British citizenship could cause problems for some EU citizens who seek naturalisation as British citizens:
- The applicant must be settled at the date of application
- The applicant must have either three or five years continuous lawful residence (depending on whether or not they are married to a British citizen)
- The applicant must be able to prove 3 or 5 years of lawful residence
- The applicant must not have been absent from the UK for more than 90 days per year.
Proving 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.
Scarsdale Solicitors Rochdale
For advice on proving five years lawful residence or any other immigration issues, call the experts: Scarsdale Solicitors Rochdale and Scarsdale Solicitors Oldham take pride in serving our clients, combining our legal expertise and knowledge with impeccable customer service. If you need immigration solicitors Rochdale or immigration solicitors Oldham, call us today on 0161 660 6050.
