Citizenship Application Inquiry
The client, a non-EU citizen with pre-settlement status, is married to an EU citizen and is approaching their five-year residency milestone in the UK. They arrived in the UK in 2020 with a visitor visa and obtained their pre-settlement status in early 2021. The client has not availed of any benefits during their residency. They are contemplating applying for British citizenship and are seeking clarification on whether they need to apply for settled status first, based on information from the Home Office. The client has confirmed residing within the same city during this time.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I apply for British citizenship without needing to apply for settled status first?
Generally, applying for British citizenship without settled status is not allowed. You typically need Indefinite Leave to Remain (ILR) or settled status to prove permanent residency. While your pre-settlement status allows you to reside in the UK, it does not equate to permanent status. You would first have to apply for settled status, which usually requires five years of continuous residence. After obtaining settled status, you can apply for British citizenship if other criteria are met.
Are there any specific residency requirements I must meet before applying for British citizenship as a non-EU citizen married to an EU citizen?
Yes, as a non-EU citizen married to an EU citizen, you must meet specific residency requirements. You need to have held settled status for at least 12 months unless married to a British citizen, in which case this period can be waived. You must have lived in the UK for at least three years before your application and have no more than 270 days outside the UK in those three years, and no more than 90 days in the last 12 months. Additionally, you must demonstrate your knowledge of English and pass the Life in the UK Test.
What impact does my pre-settlement status have on my eligibility for British citizenship?
Pre-settlement status is significant as it is part of the pathway to obtaining British citizenship. You typically need indefinite leave to remain before applying for citizenship. Pre-settlement status shows lawful residence in the UK, but does not directly lead to citizenship. You would normally need to transition this to settled status after five years to pursue citizenship.
Are there any potential implications or benefits of obtaining settled status before applying for British citizenship?
Obtaining settled status before applying for British citizenship offers several advantages. It verifies you meet residency and status requirements, showing a permanent commitment to the UK, which strengthens your citizenship application. It also alleviates the need to prove continuous residence under pre-settled status rules. Settled status provides security and stability, as it is not time-limited and may streamline the citizenship application process.
What documents and evidence do I need to provide to support my application for British citizenship?
To support your citizenship application, you'll need proof of your identity and nationality, such as a valid passport. You'll also need evidence of your lawful residence in the UK, like your pre-settlement status document, and various documents proving your five-year residency, including utility bills or tenancy agreements. Documentation of your marriage to an EU citizen, such as a marriage certificate, will also be necessary. You must pass the Life in the UK Test and demonstrate English language proficiency.
