THREAD: Legal update for EU/EEA citizens seeking to naturalise! HO has amended the Naturalisation guidance to confirm that EEA/Swiss citizens must have been *lawfully* complying with UK immigration rules for a 10y period before applying for naturalisation as a British citizen.

1. This does not mean that they need to have been resident in the UK for 10 years (the requirement is still 5 years including 1 year free of immigration restrictions). It does, however, mean that they need to have complied with immigration requirements over the previous 10 years.

2. Previously, HO exercised discretion and leniency towards EU citizens, only requiring them in previous guidance to be lawfully resident for 5 years instead of 10 like everyone else.

3. New guidance is unequivocal: "In assessing whether a person has complied with immigration requirements over the previous 10 years, you must consider whether they were subject to the EEA Regs 2016 or the Immigration Act 1971 & if they complied with the relevant requirements."

4. This is not necessarily a change in the law, as previously the treatment of EU citizens was based on discretion. It is, however, proof that Home Office attitudes towards EU/EEA citizens are changing and hardening.

5. More info at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/923656/good-character-guidance-v2.0-gov-uk.pdf

6. BREAKING: More on this as it develops; we have received internal confirmation that EEA applications made prior to 31/12 will be honoured, so any documents that are issued under the EEA Regulations 2016 (e.g. permanent residence document, durable partner document, etc) are ok.

7. Any documents issued will be valid until the end of the so called ‘grace period’ on 30 June 2021.This gives people time to apply for naturalisation, or apply to the EUSS, before then. However, we don’t have any answers yet for post 30 June 2021 issues.

8. Example: those applying for naturalisation using a PR (not applying to the EUSS) need to have their naturalisation confirmed by 30 June 2021. If the decision comes after that date they might be in trouble.

9. In fact, they may be unlawfully resident, because the PR document will no longer be valid and applying for naturalisation does not extend leave. A person in this situation will need to apply to the EUSS to bridge the gap between 30 June 2021 and naturalisation.

10. Otherwise they’re not lawfully resident, which not only impacts their rights but also the good character requirement on the outstanding application.