New rules from 12 November 2015: EEA nationals and their family member members now must apply for Permanent Residency if they want to apply for British Citizenship (before that it was voluntary).

By 1st 4Immigration - #1 UK Immigration Experts -
From the point of view of immigration law practice this is a very big change and for many EEA nationals, and their family members, it means an additional visa application (extra fee, extra pack of documents etc).
 
The change is in the British nationality legislation, not in the EEA law, so it only affects those who are planning to apply for British Citizenship. On the other hand, many EEA nationals and especially their non-EEA family members plan to do exactly that.
 
 
EEA nationals and their direct family members (spouses, civil partners, children under 21 yo, dependent parents) gain automatic rights to reside in the UK, the right deriving from the European law. Subject to some conditions, such as exercising Treaty rights in the UK, but not subject to having to apply for a ‘visa stamp’. Visa stamp or not, they get their rights. It includes non-EEA direct family members, even though most still apply for a Residence Card.
 
After 5 years they qualify for permanent residency, EEA equivalent of Indefinite Leave, again automatically, without having to apply for a document confirming it (those who applied did so voluntarily). With ILR or without, it was possible to apply for British Citizenship as long as the conditions of qualifying for ILR were met. So it was about qualifying for permanent residency but not necessarily applying for it.
 
The above rules have not changed, ie the European Regulations have not changed. The change was made in the nationality law. From 12 November 2015 EEA citizens and their family members have to apply for a formal document to confirm their right of permanent residency in the UK – if they want to apply for British Citizenship. Those who apply for British Citizenship are now expected to have this document first. Those who aren’t applying for British Citizenship still don’t have to apply for permanent residency.
 
It looks like the burden of proving this right was shifted from the Nationality department at the UK Visas and Immigration (UKVI) to the EEA department. All Nationality department now has to do to judge permanent residency status is to simply look at the document issued by the EEA department (prior to that the Nationality department had to do all that work themselves).
 
For an individual advice or to make your application as successful please contact us: info@1st4immigration.com , we reply on the same working day. Or visit www.1st4immigration.com
 
If you are an Immigration Adviser or a Solicitor, and also need advice on the Rules, please email info@1st4immigration.com or visit our immigration Training and CDP website: www.1st4immigration.com/training   

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