One of the most frequently asked questions by EU citizens living in the UK is, “Can I apply for British citizenship with Settled Status?” The answer is yes—individuals with Settled Status may be eligible to apply for British citizenship, as long as they meet the necessary requirements for UK naturalisation.

For many people, transitioning from Settled Status to British citizenship is the final step in establishing the UK as their permanent home. Settled Status, granted through the EU Settlement Scheme, allows individuals to live and work in the UK indefinitely. However, it does not provide the full benefits of British citizenship, such as the right to hold a British passport or vote in all elections.

To apply for British citizenship, applicants must fulfill specific criteria. These include holding Settled Status for at least 12 months (unless married to a British citizen), demonstrating continuous residence in the UK, and proving good character. Additionally, applicants must pass the Life in the UK Test and show sufficient proficiency in the English language.

Like all British citizenship applications, the process of naturalisation requires extensive supporting documentation. Settled Status holders must ensure they submit all necessary paperwork to avoid delays, complications, or even the refusal of their application.

A critical consideration is that absences from the UK should not exceed the allowed limits: no more than 450 days in the five years prior to applying, or 270 days if married to a British citizen.

In this guide, we outline the key requirements for individuals with Settled Status who wish to apply for British citizenship.

Can I Apply for British Citizenship with Settled Status?

Yes, holders of Settled Status may be eligible to apply for British citizenship, provided they meet the UK naturalisation criteria. Below are the key requirements to be aware of:

1. Age

You must be at least 18 years old at the time of application.

2. Qualifying Period of Residence

You must have lived in the UK for a continuous 3-year period before applying (known as the “qualifying period”). If you held permanent residence status before transitioning to Settled Status, you may use this period towards meeting the 12-month qualifying requirement.

3. Lawful UK Immigration Status

You must have held Indefinite Leave to Remain (ILR), permanent residence, or Settled Status for at least 12 months before applying.

4. Absences from the UK

• Your absences from the UK during the 3-year qualifying period must not exceed 270 days.

• In the 12 months before your application, the total number of days spent outside the UK must not exceed 90 days.

5. Good Character

Applicants must meet the “good character” requirements, which means having no serious or recent criminal convictions.

6. Knowledge of Language and Life in the UK

• You must meet the English language proficiency requirements.

• You will also need to pass the Life in the UK Test, which assesses your knowledge of British customs, laws, and history.

7. Compliance with Immigration Rules

You must have adhered to UK immigration rules throughout your time in the UK, without any violations.

8. Intention to Reside

You must demonstrate your intention to live in the UK permanently.

Additional Information:

• Permanent Residence Card: You do not need a permanent residence card to apply for British citizenship with Settled Status.

By meeting these criteria, Settled Status holders can begin their application for British citizenship and take the final step toward securing full rights and privileges in the UK.

Meeting the Naturalisation ‘Lawful Residence’ Requirement

One of the key requirements for British citizenship is proving that you have lived lawfully in the UK for at least 12 months after being granted Settled Status, and that you complied with immigration rules throughout the five-year qualifying period.

Potential Challenges for Settled Status Holders

In some cases, Settled Status alone may not automatically confirm past lawful residence in the UK. This is because the EU Settlement Scheme required evidence of five years’ continuous residence, but did not require proof of lawful residence under the EEA Regulations 2016, as defined by the British Nationality Act 1981. In other words, simply being physically present in the UK to qualify for Settled Status does not always meet the “lawful residence” standard needed for naturalisation.

This differs from the Permanent Residence process, which required detailed evidence of exercising Treaty rights—such as working, studying, being self-sufficient, or job-seeking—for five years.

As a result, some EU nationals and their family members may need to wait longer before applying for citizenship to establish the required period of lawful residence. The Home Office may also request additional evidence to verify lawful residence prior to the grant of Settled Status.

Current Home Office Guidance

Under current rules, caseworkers do not need to check lawful residence if the applicant already holds Indefinite Leave to Remain (ILR) or Indefinite Leave to Enter (ILE), regardless of how it was obtained. This means periods of residence already verified in earlier applications (like for Settled Status) are generally not reassessed, except in rare cases where new information could have affected the original ILR/ILE decision.

Absences and Good Character

• Absences: Time spent outside the UK during the qualifying period is still reviewed. Typically, applicants must not have been absent for more than 450 days in the five years prior to applying, or 270 days if applying as the spouse of a British citizen.

• Good Character: Minor immigration breaches prior to ILR/ILE will not automatically affect your application. However, criminal convictions or serious misconduct are still considered when assessing good character.

In summary, while Settled Status provides a strong basis for citizenship, applicants should ensure they can demonstrate continuous and lawful residence, manage absences carefully, and meet all other requirements for a successful naturalisation application.

British Citizenship Requirements

Applying for British citizenship is a significant commitment: in return for respecting the laws, values, and traditions of the UK, you gain full rights as a British national. This includes the freedom to live and work in the UK without immigration restrictions, the ability to apply for a British passport, and the right to vote in local and general elections.

Naturalisation is the legal process through which you are granted British citizenship by meeting specific eligibility criteria.

Key Points for Settled Status Holders

If you have been granted Settled Status under the EU Settlement Scheme, you must generally wait 12 months after receiving it before you can apply to naturalise. This applies even if you have already lived in the UK longer than the five-year minimum required for naturalisation. In practice, most Settled Status holders will need to have lived in the UK for approximately six years before applying.

This differs from EU nationals who obtained Permanent Residence, as they may be eligible to apply as soon as they complete the five-year residence requirement, particularly if they are spouses of British citizens or of UK settled persons.

General Eligibility Criteria

To apply for British citizenship, applicants must meet the following criteria:

1. Age: You must be 18 years or older.

2. Mental Capacity: You must be of sound mind.

3. Good Character: You must have no serious or recent criminal record.

4. Knowledge of Language and Life in the UK: You must meet the English language requirements and pass the Life in the UK Test.

5. Residence Requirements: You must not have exceeded the permitted number of absences during the five-year qualifying period.

6. Intent to Reside: You must intend to continue living in the UK, unless you are married to or in a civil partnership with a British citizen.

Meeting these requirements is essential to ensure a smooth and successful naturalisation application.

Application Process for British Citizenship with Settled Status

If you meet the eligibility criteria, including the continuous residence requirement, you can apply to become a British citizen through naturalisation. The application can be submitted online or by post using Form AN (“Become a British citizen by naturalisation”). The current application fee is £1,735 per adult and £1,214 per child (using Form MN1).

Step 1: Complete the Application Form

The application asks questions about your eligibility, including:

• Your age, residence, and immigration history

• How you meet the good character requirement

• Evidence of sufficient knowledge of English and life in the UK

Applicants must demonstrate their ability to communicate in English and understand life in the UK, which reflects the commitment to respect UK laws, values, and traditions.

Step 2: Meet Language and Life in the UK Requirements

• You must have passed the Life in the UK Test (unless exempt).

• If you are not a national of a majority English-speaking country, you must also provide evidence of:

  • An approved English speaking and listening qualification, or

  • A UK degree (or equivalent academic qualification) taught or researched in English.

Step 3: Provide Biometric Information

You must book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to submit your biometric information (fingerprints and photo). This costs an additional £19.20.

Step 4: Wait for the Decision

Decisions on British citizenship applications can take up to six months.

Step 5: Attend a Citizenship Ceremony

If your application is successful:

• You must attend a Home Office citizenship ceremony within three months.

• At the ceremony, you will affirm or swear an oath of allegiance to the monarch and pledge loyalty to the UK.

• You will then receive your certificate of naturalisation.

Important: You must return your biometric residence permit (BRP) to the Home Office within five working days of receiving your certificate. Failure to do so may result in a fine.

Step 6: Apply for a British Passport

Once naturalised, you can apply for a British passport, completing your journey to full citizenship and all associated rights.

Settlement Status for a Child Born in the UK

For EU and EEA nationals living in the UK, understanding the immigration status of a child born in the country is crucial. This ensures the child’s rights are protected, particularly if they are not automatically a British citizen.

Key Considerations

The child’s status depends on when they were born and the parents’ circumstances at that time:

1. Child Born to a Parent with Settled Status

   • If at least one parent had Settled Status under the EU Settlement Scheme (EUSS) at the time of the child’s birth, the child is typically automatically a British citizen.

   • No application for Settled Status under the EUSS is required, and the child does not need to be registered as a British citizen. Parents can simply apply for a British passport for their child.

2. Child Born to a Parent with Pre-Settled Status

   • If the parent(s) only have Pre-Settled Status, the child does not automatically acquire British citizenship.

   • An application under the EUSS must be submitted for the child to receive the same status as their parent(s).

   • The child may still qualify for British citizenship if at least one parent is already British or settled in the UK. “Settled” refers to the right to live in the UK indefinitely, including:

     • Indefinite Leave to Remain (ILR)

     • Settled Status under the EUSS

     • Permanent residence status

     • Right of abode

3. Child Born to Parents on a Visa

   • If the parents are in the UK on a visa route (e.g., work, student, or other temporary visas), the child will not automatically have Settled Status or citizenship.

   • A dependant visa will be required for the child to live in the UK and travel with their parents.

Expert Advice Recommended

UK immigration laws and policies are constantly changing, and the rules around children’s status can be complex. It is strongly recommended to seek guidance from an immigration specialist to ensure the correct steps are taken for a child’s status and rights.

How to Apply for Settlement Status for a UK-Born Child

The process for applying for settlement status (or Indefinite Leave to Remain, ILR) for a child born in the UK depends on the immigration status of the parent at the time of the child’s birth. The approach differs for children of parents under the EU Settlement Scheme (EUSS) versus those on dependant visas.

1. Settlement Status under the EU Settlement Scheme (EUSS)

• Child of a Parent with Settled Status:
  If at least one parent already has Settled Status, the child is automatically considered a British citizen. No application for settlement status is required. Parents can directly apply for a British passport for their child.

• Child of a Parent with Pre-Settled Status:
  If the parent only has Pre-Settled Status at the child’s birth, an application must be submitted on behalf of the child. This involves:

  • Completing an online application

  • Providing proof of the child’s identity and date of birth

  • Demonstrating the parent-child relationship

  • Supplying evidence of the child’s continuous residence in the UK

Once the child has lived in the UK with pre-settled status for five years, they become eligible to apply for settled status.

2. Transition from Pre-Settled Status to Settled Status

Parents can also apply to upgrade their own status from pre-settled to settled once they reach five years of continuous residence. At this stage:

• They can also apply for settlement status for their child, or

• Alternatively, if the parent has obtained settled status, they may be able to register their child as a British citizen, giving the child full citizenship rights.

3. Dependants of Visa Holders

For children born to parents in the UK on temporary visas (e.g., work, student), a separate dependant visa application is required to secure the child’s right to live and travel in the UK.

In all cases, careful documentation of identity, residence, and parental status is essential, and seeking advice from an immigration specialist can help avoid delays or errors in the application.

Settlement Status by Way of a Dependant Visa

If a child is born in the UK to EU or EEA parents who already have Indefinite Leave to Remain (ILR) through one of the various visa routes (e.g., work or family visas), the child will automatically be classified as a British citizen. No application for settlement status is needed for the child.

However, if the parents have limited leave to remain (such as through the Skilled Worker route or another temporary visa), the child will not automatically be a British citizen. In this case, an application must be made for a dependant visa on behalf of the child. The process includes:

• Online application for the dependant visa

• Proof of the child’s identity and date of birth

• Evidence of the parent-child relationship with the primary visa-holder

Once the parent becomes eligible to apply for settlement (after fulfilling the requirements of their visa route), they can apply for Indefinite Leave to Remain (ILR) for the child at the same time. Alternatively, once the parent is granted settlement status, they may choose to register their child as a British citizen.

When Is a UK-Born Child Automatically Classed as a British Citizen?

Although being born in the UK may seem like it should automatically make a child a British citizen, this is not always the case. The child’s eligibility depends on both the timing of their birth and the immigration status of their parents. Below are the key scenarios for children born to EU or EEA national parents:

1. Born in the UK Between 2 October 2000 and 29 April 2006

A child born in the UK during this period may automatically acquire British citizenship if at least one parent:

• Was a citizen of an EU or EEA country at the time of the child’s birth

• Was living in the UK and held Indefinite Leave to Remain (ILR), the right of abode, or the right of re-admission

However, if the father meets these conditions, he must have been married to the mother at the time of the child’s birth. This means that many children born to EU or EEA nationals during this period will not automatically be British citizens unless these specific conditions are met.

Key Takeaways:

• Dependants of visa-holding parents will need to apply for a dependant visa if they are not automatically British.

• Once the parent gains settlement status, the child can either apply for Indefinite Leave to Remain (ILR) or be registered as a British citizen if the parent becomes eligible.

• Children born between 2000 and 2006 may acquire British citizenship if the parent meets certain conditions, particularly regarding immigration status and relationship status at the time of birth.

As always, for the most up-to-date and accurate advice, especially for complex cases, it is highly recommended to consult an immigration specialist.

When Is a UK-Born Child Automatically Classed as a British Citizen?

The rules around British citizenship for children born in the UK depend heavily on the parent’s immigration status at the time of the child’s birth. Below are the key scenarios for children born between 30 April 2006 and 1 July 2021, and the important changes that took place from 1 July 2021 onward.

1. Born Between 30 April 2006 and 30 June 2021

A child born during this period will automatically become a British citizen if at least one parent meets the following criteria:

• Had citizenship of an EU or EEA country at the time of the child’s birth

• Lived in the UK and held Indefinite Leave to Remain (ILR), Settled Status, Permanent Residence Status, the Right of Abode, or the Right of Re-admission

Key Point:

• If the parent who meets these conditions is the father, and the child was born before 1 July 2006, the father must have been married to the mother for the child to automatically acquire British citizenship.

For children born on or after 1 January 2021:

• The child’s citizenship will be determined by the parent’s settled status under the EU Settlement Scheme (EUSS). From 1 January 2021, EU or EEA citizens with Settled Status under the EUSS no longer hold Permanent Residence Status.

2. Born in the UK from 1 July 2021 Onwards

For children born from 1 July 2021, they will automatically become a British citizen if at least one parent:

• Had citizenship of an EU or EEA country at the time of the child’s birth

• Lived in the UK, and

• Had ILR, Settled Status under the EUSS, the Right of Abode, or the Right of Re-admission

Important Changes Post-1 July 2021:

• Permanent Residence Status ceased to be valid on 1 July 2021 for EU/EEA citizens. As a result, children born after this date will not automatically have British citizenship based solely on their parent’s Permanent Residence Status.

• If the parent with Permanent Residence Status applied for Settled Status under the EUSS on or before 30 June 2021, and the child was born before a decision on their application, the child will still be automatically classed as a British citizen.

3. After 30 June 2021: Special Conditions

If the child’s parent was granted Settled Status after 30 June 2021, the child will become a British citizen automatically under the following conditions:

• If the parent applied for Settled Status on or before 30 June 2021, but the parent did not have Permanent Residence Status, or

• If the parent applied after 30 June 2021 but had reasonable grounds for not applying before that date and would have met the criteria for Settled Status.

In these cases, the child will automatically become a British citizen from the date their parent is granted Settled Status.

Key Takeaways:

• Born between 30 April 2006 and 30 June 2021: Child automatically becomes a British citizen if the parent had ILR, Settled Status, Permanent Residence, or the Right of Abode.

• Born after 1 July 2021: The child does not automatically acquire British citizenship unless the parent applied for Settled Status before 30 June 2021, or had reasonable grounds for not applying by that date.

• Permanent Residence Status is no longer valid for children born after 1 July 2021 unless the parent applied for Settled Status before that date.

These guidelines can be complex, and as always, seeking professional legal advice is recommended to navigate the nuances of British citizenship for children born to EU or EEA parents.

When Can a Child Apply to Register as a British Citizen?

For a child born in the UK who is not automatically a British citizen at birth, there are specific circumstances under which they may be eligible to register as one. Here’s a breakdown of when a child can apply to register as a British citizen:

1. Children of Parents Granted Settled Status under the EUSS

If a child is under 18 and one of their parents was granted Settled Status under the EU Settlement Scheme (EUSS) after the child’s birth, the child can apply to register as a British citizen.

2. Children of Parents Granted ILR or British Citizenship

Similarly, a child under the age of 18 can apply for registration if, after the child’s birth, either:

• The parent was granted Indefinite Leave to Remain (ILR) through one of the UK’s visa routes, or

• The parent became a British citizen.

3. Children Who Have Lived in the UK for 10 Years

In certain cases, a child who has lived in the UK for 10 years or more can apply to register as a British citizen, even if neither parent has become British or settled in the UK. The child must meet these conditions:

• They have lived continuously in the UK for the first 10 years of their life, and

• They have not spent more than 90 days outside the UK in each of those 10 years.

Note: In special circumstances, exceptions to the 90-day requirement may be granted.

4. Application Fees and Additional Costs

• The cost for applying to register a child as a British citizen is £1,214.

• If the child turns 18 during the registration process, an additional £130 is required to cover the cost of the citizenship ceremony.

5. Biometric Details for Registration

All applicants must enrol their biometric details (fingerprints and photo) to verify their identity.

• Children under 6 years old are not required to provide fingerprints but must still have a photo taken.

6. Benefits of British Citizenship

Once granted British citizenship, the child can apply for a British passport and participate fully in the rights and responsibilities of being a British citizen, including the right to vote once they reach the appropriate age.

7. Considerations on Dual Nationality

It’s important to note that in some countries, applying for British citizenship may cause an individual to lose their original nationality. Always seek expert legal advice to understand the implications of dual nationality before applying.

Need Assistance with the Application Process?

Applying for British citizenship, especially for a child, is a complex process that requires careful planning and thorough documentation. We specialize in UK citizenship applications and can guide you through the entire process—from eligibility assessment to preparing a strong application.

If you need help with your British citizenship application or have any questions, contact us today for expert advice and support.

From Settled Status to British Citizenship: Frequently Asked Questions (FAQs)

1. What is Settled Status?

Settled Status is granted under the EU Settlement Scheme (EUSS), allowing individuals to live, work, and remain in the UK indefinitely. It is typically granted to EU, EEA, and Swiss nationals (and their family members) who have been living in the UK before the Brexit deadline.

2. How Can I Apply for British Citizenship from Settled Status?

To apply for British citizenship, you must hold Settled Status for at least 12 months (unless you are married to a British citizen). You also need to meet other eligibility requirements, such as continuous residence, good character, and English language proficiency.

3. Do I Need to Pass the Life in the UK Test?

Yes, applicants for British citizenship must pass the Life in the UK Test. This test assesses your knowledge of British history, culture, values, and laws. It is an essential step in the naturalisation process.

4. How Long Do I Need to Have Lived in the UK?

You must have lived in the UK for at least five years before applying for British citizenship. However, if you are married to a British citizen, this period is reduced to three years. You must also comply with strict residence requirements, meaning your absences from the UK should be limited during this time.

5. How Many Days Can I Be Outside the UK?

• You cannot be absent from the UK for more than 450 days during the five years before applying.

• If applying as the spouse of a British citizen, the limit is reduced to 270 days in the same period.

Excessive absences may result in your application being delayed or refused.

6. What Documents Do I Need for the Application?

The following documents are typically required:

• Proof of Settled Status

• Evidence of continuous residence in the UK

• Life in the UK Test certificate

• Proof of English language proficiency (e.g., an approved language qualification or UK degree)

• Criminal record check (if applicable)

7. Can I Lose My Settled Status if I Don’t Apply for Citizenship?

Settled Status is indefinite, but if you are absent from the UK for more than five consecutive years, you may lose it. If you plan to leave the UK for an extended period, it’s important to apply for citizenship before you reach this threshold.

8. Can I Apply if I Have a Criminal Record?

It depends on the nature of the offence. Good character is a requirement for British citizenship, and serious or recent criminal convictions can result in a refusal of your application. However, minor infractions may not necessarily affect your eligibility.

9. What Rights Do I Gain with British Citizenship?

Once granted British citizenship, you will gain:

• The right to apply for a British passport

• The ability to vote in all local and national elections

• Full rights as a UK national, including access to healthcare, social security, and other benefits

• Protection under UK law, including the right to live and work freely in the UK without immigration controls