The Path to Citizenship for EU Nationals
If you are an EU, EEA or Swiss national living in the UK, you have a clear path to British citizenship – but it depends on securing the right status first. Under the EU Settlement Scheme (EUSS), most EU/EEA nationals who were resident in the UK by 31 December 2020 now have settled status. Once you have settled status, you can usually apply for British citizenship after a further 12 months. Even if you only have pre-settled status, you can still become a citizen in time by first achieving 5 years’ continuous lawful residence.
Key Requirements for EU Applicants
The requirements for EU/EEA applicants are fundamentally the same as for other applicants, but with some specific points regarding your status.
Settled Status
You must hold settled status (or ILR) and have held it for at least 12 months before applying.
Continuous Residence
You must meet the standard residence requirements, with no more than 450 days of absence in 5 years.
Life in the UK & English
As with all applicants, you must pass the Life in the UK Test and prove your English language ability.
Good Character
You must be of good character, with no serious criminal convictions or immigration breaches.
Application Process for EU Nationals
Applying for citizenship as an EU/EEA national follows the same steps as other applicants, but with extra consideration for your settlement status.
Confirm settlement status
If you have EU settled status, make sure it's still valid. If you only have pre-settled status, you must apply for settled status once you reach 5 years’ residence and then wait one additional year. Our ILR specialists can advise if you need to secure your settlement status first.
Meet all standard criteria
Ensure you have been in the UK for the required time (5 years, or 3 if married to a UK citizen). Check that your absences comply with the rules. Pass the Life in the UK test and have an English qualification.
Prepare the application
Once eligible, gather all the required documents: passports, BRP (if applicable), proof of settled status, Life test certificate, etc. Use the online citizenship application or the appropriate paper form.
Fee and submission
Pay the standard citizenship fee and submit the application. Include any marriage certificate or evidence of a British spouse if you are using the 3-year route.
Biometric and decision
As usual, enroll biometrics when prompted and wait for the decision, which can take up to 6 months.
Ceremony
If successful, attend the citizenship ceremony and take the oath as normal to complete the process.
Common Challenges & Refusals
Generally, the pitfalls for EU nationals are similar to those for other applicants, but with some additional complexities to be aware of.
- Transition from EUSS: Make sure you have the right status. If you try to apply with only pre-settled status without meeting the 5+1 year rule, the Home Office will refuse. We help EU clients plan the timing correctly.
- Proving status: It’s important to include proof of your settled status or ILR in your application. If documentation is unclear, UKVI may delay or refuse. We check that your digital status or BRP meets the requirement.
- Criminal record and history: Remember that Brexit does not exempt you from character checks. All the same rules about convictions apply to EU nationals, and refusal carries no appeal.
- New rule changes: Be aware that proposed rule changes may tighten some requirements. If you are close to the current thresholds, it is wise to apply promptly under the existing rules.
If any part of your status or application is problematic – for example, if your EU Settlement application was complicated or refused – our team can assist with reviews and appeals. We can even help “overturn” an EU Settlement refusal through judicial review if your situation warrants it. That way, we clear the way for your citizenship application to succeed.
How Lexington Ashworth Solicitors Can Help
We have particular expertise with EU/EEA cases. Our solicitors will review your history under the EU Settlement Scheme or previous immigration permissions and explain exactly what you need to qualify for citizenship. We will ensure you have the correct legal status (ILR or settled status) before applying. Our team can help you apply for settled status if you haven’t already, or appeal an EUSS decision if needed. When it comes time to apply for citizenship, we handle all the details. We advise whether you should apply on the spouse route (3 years) or normal route (5+1 years), and confirm you meet the required dates. We help translate any EU-specific documents into what the Home Office requires. For example, we will ensure your settled status is properly evidenced on the application. During preparation, we will gather and check everything: passports, BRPs, certificates, and so on. We make sure all sections of the form are completed correctly and that any EU family relationships (if you’re here as a family member) are clearly documented. We handle any communication with referees or authorities. If additional evidence is requested, we will coordinate responses. Importantly, our lawyers also know the immigration system beyond citizenship. If you have questions about visas, settlement or appeals (for example, family permit appeals or EUSS reconsiderations), our guidance is comprehensive. As specialists in UK immigration, we are familiar with the immigration appeal procedure in the UK and can advise on overturning visa refusals or sorting out ILR issues. All of this experience goes into making your citizenship application smoother.
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