ags

I am enquiring on behalf of some friends (Portugese), who after having lived in the UK for 6 yrs went back to Portugal but have decided to return to the UK. They have been away for 2 yrs and just wanted to know how long it would be before they could apply for their British passport. Does the time they spent here count for anything or do they have to wait another 4 or 5 years?
Thanks in advance.

TouristTrap

Just curious as to why they want a Brit passport, since they have EU citizenship already?

ags

According to another Portugese friend also been in the UK for some years now who is applying for her British passport, Portugal is in such a bad way, that she is worried when it comes time to retire there will be no money for pensions or benefits. In Portugal at the moment the few people who have a bit of money are the pensioners, and the new government is thinking of taxing the pensions to get some money into the economy.
Jobs are very hard to come by as illegal immigrants are willing to work for next to nothing, not much heed paid to the minimum wages! My friend was working full time as a receptionist and was taking home 300 Euro per month. One place you can get work is the Algarve during the summer, but when the winter comes, nothing doing.
Such a shame the country is in such a mess.

JAJ

The EU is not a country. Having British citizenship will make a difference if (or when) Britain reimposes immigration controls.

In late 2000 the Government quietly changed the law to treat most EU and EEA citizens as *temporary* residents in the UK, not permanent.

Citizens of EU states do not generally have the following rights in the UK:
- the right to vote in Westminster elections and stand for public office (except for Irish, Maltese and Cypriot citizens)
- their UK born children (born since 2 October 2000) are generally not British citizens by birth (except for Irish citizens)
- the right to work in policy level civil service positions
- the right to a British passport


Jeremy

JAJ

Some bad news I'm afraid:

1. Since 2 October 2000, most citizens of EU/EEA countries are considered *temporary* residents in the UK. They need to first get Indefinite Leave to Remain (ILR) and hold that for 12 months before being able to apply for naturalisation (and have 5 years legal residence in total in the UK).
a. In order to get ILR they need to work in the UK for four years (this may soon increase to five)
b. They should get EEA residence permits from the Home Office after arrival.

The Home Office says:

EUROPEAN ECONOMIC AREA NATIONALS AND SWISS NATIONALS
EEA nationals who have a conditional right of residence in the United Kingdom under European Community (EC) law (such as workers and business people) are not regarded as free from time limits under the immigration laws. They need to obtain indefinite leave to remain in the United Kingdom before applying for British citizenship. If not married to a British citizen, they should have indefinite leave to remain for 12 months before applying for British citizenship.

(Irish citizens are exempt from these rules because of the Common Travel Area).

2. As a result of the above, they will likely have to do the full 5 years again (and possibly 6 if the ILR eligibility rules change) before being able to apply for naturalisation. The guidance notes in the second link do talk about circumstances where the residence requirements will be relaxed, but the requirement to have indefinite leave needs to be fulfilled first and that will take time.
http://www.ind.homeoffice.gov.uk/ind...alisation.html
http://www.ind.homeoffice.gov.uk/ind...sation_as.html



Do they have children born in the UK?


They should get some professional advice from a UK immigration solicitor after arriving to confirm that the above is correct, but it's my understanding of the position.


The *good* news is that their Portuguese passports still allow them to *live* in the UK and if it's their intention to stay it shouldn't really matter how long it takes them to obtain British citizenship.

Jeremy

CPW

In addition to all the points above, it might also be that these people feel an emotional attachment to the United Kingdom - there's more to citizenship than the possession of a passport, after all.

TouristTrap

Ah, that's why. It has become tough to live there, and mostly due to the huge wave of illegal immigration from Eastern Europe after the wall fell, as well as the former Portuguese colonies in Africa. There is a huge backlash building against the illegal immigrants, mainly in Lisbon, and due to the fact that parts of Lisbon have become no-go zones where policemen don't even dare go, something that was not true up to 15 years ago. Something that most European countries are experiencing right now.

JAJ, we call it having EU citizenship where I am from.

JAJ

With respect, whatever people where you're from 'call' it, the EU is not a country and hence the concept of "EU citizenship" is no more and no less meaningful than "Commonwealth citizenship".

Citizens of EU member states resident in the United Kingdom have no British nationality rights unless and until they become naturalised British citizens. That is British government policy, backed up by the law.

Immigration control could be reimposed overnight by a British government and there would be nothing the EU could do about it other than reciprocate against the movement of British citizens to continental Europe.


Jeremy

TouristTrap

I was just using a phrase that is used by South Africans when they refer to anyone born in the EU. We say we have EU citizenship. We know that the EU is not a country; it is just a phrase, like I said, to denote anyone being fortunate enough to have citizenship of a country within the Union, which I am lucky enough to hold, having been born on the continent.

From personal observation, most citizens of the EU don't take the nationality of the country within the EU that they are living/working in, and that is why I asked the question. Being fully aware of what is transpiring in Portugal, I understand why they would want to do that.

JAJ

The "EU citizenship" point is a sensitive one in Britain and some other member states where people want to be citizens of their own country and not have "European citizenship" forced onto them.

Incidentally, being born in an EU state is not enough in itself to become a citizen of that country. It's not been so in Britain in 1983, and Ireland was the last to change its rules in 2005. Many EU countries base citizenship primarily on the nationality of the parents.


Home Office figures for 2003 show that:

- 1% of the total grants of British citizenship in 2003 (1480 in total) went to nationals of EEA states (excluding the 2004 EU entrants).

- however 40% of those born in EEA member states (excluding Ireland and the 2004 EU entrants) and resident in the UK for 6 years are more appear to be British citizens (24% of those resident for 6-10 years)

- the research shows that Republic of Ireland born immigrants to the United Kingdom are particularly unlikely to become British citizens. The overall rate for those in the UK for 6+ years is 20%, however for those in the UK between 6-10 years the citizenship take up rate is only 1%.


The Home Office publishes these statistics each year. The 2004 update is recently available:
http://www.homeoffice.gov.uk/rds/pdfs05/hosb0805.pdf


Jeremy

ags

Many thanks for that Jeremy, will advise them and recommend they see a solicitor.

JAJ

They should make sure they see a specialist immigration solicitor, as most regular solicitors rarely/never have to deal with immigration and nationality matters.

The Law Societies in the UK can provide lists of accredited specialists.

Jeremy

ags

Thanks once again for keeping me right.