New guidance by the Home Office will bring some good news for EEA nationals and their family members. This new guidance brings some good news after the application deadline for the EU Settlement Scheme on 30 June 2021.
Swiss and EEA nationals and their family members who will be applying for British citizenship from 1 July 2021 onwards will be considered free from immigration time restrictions on the date of application if they:
- Have Indefinite Leave to Remain (ILR) under the EU Settlement Scheme (EUSS). (They can show that they have been free from immigration time restrictions for 12 months before applying using a combination of current EUSS leave and permanent residence they previously held under the EEA Regulations).
- They had a permanent residence card under the EEA regulations and made an EUSS application before 30 June 2021, and there is no conclusion yet. In this instance, they must use their permanent residence card to apply for citizenship. This will remain valid until they receive a decision on their EUSS application
- Have Indefinite Leave to Remain (ILR) under the Immigration Rules on another basis
- By virtue of diplomatic status have an exemption from UK immigration control
- Benefit as an Irish national
Therefore, if you are an EEA/Swiss national (or their family member) and have submitted an application from 1 January 2021 onwards without having held EUSS ILR for 12 months as the date of application, you will still qualify for British citizenship. Provided you (or your EEA/Swiss national) have attained permanent residence status under the EEA regulations.
How Breytenbachs can help EEA Nationals
If you believe that you can benefit from this new Home Office guidance for EEA Nationals, please contact us. Breytenbachs Immigration Consultant have a dedicated team of consultants dealing with the EU Settlement Scheme and related immigration matters. Please feel free to contact us or email us at [email protected]
