One of the naturalisation requirements for British citizenship is to have lived in the United Kingdom for 5 years (3 years if you are married to a British citizen). Any time when the person was in breach of immigration laws does not count. The Home Office has the view that EU citizens physically present in the country but without a right of residence under European Union law are breaching UK immigration laws. Lacking a right to reside without realising is surprisingly common — many people were caught out by this in the past by not having the right sickness insurance, for example.
After Brexit, European residents and their family members were offered immigration status under UK laws (instead of EU laws). Getting the “settled status” does not require proof of a right to reside — it is based on presence in the UK alone.
But when people with settled status apply for citizenship, the Home Office says the right to reside issue must be detailed in their application. Having settled status is not sufficient. Settled status will prove applicants are free of immigration time restrictions but will not show that the person’s residence was in accordance with the law. This rule did not appear in previous editions of the government’s naturalisation policy.
Scarsdale Immigration Solicitors
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