Important Updates
Important Updates
April 7, 2026 | United StatesEB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas
April 8, 2026 | United KingdomAviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes
April 8, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 7, 2026 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
April 7, 2026 | CanadaCanada: Immigration Concessions for Ukrainian Citizens Extended
April 7, 2026 | United StatesEB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas
April 8, 2026 | United KingdomAviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes
April 8, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
April 7, 2026 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
April 7, 2026 | CanadaCanada: Immigration Concessions for Ukrainian Citizens Extended
April 7, 2026 | United StatesEB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

When is it Good to be British?

June 13, 2016

Countries / Territories

  • 🌐

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Kasia Pasternak

The recent discussions surrounding the Brexit debate made me think again about my journey to British citizenship, and the importance naturalising as a British citizen has for the European nationals residing in the UK, and their families.

Originally from Poland, I came to the UK more than 11 years ago. Despite having resided here for such a long time, I only decided to apply to become a British citizen last year. The possibility of an EU referendum being held in the UK was certainly a big contributor to my decision, along with the ever-increasing cost of the application and the enthusiasm of my long-term (British) partner.

As an immigration law practitioner and a European national, I have been involved in various discussions regarding the pros and cons of acquiring British nationality by European nationals. Rather than discussing here the social identity, the sense of belonging and the travel benefits of becoming British, I would like to focus on the recent changes to the process and how becoming British may affect those European nationals who are (or who wish to) sponsor their non-European family members in the UK.

Europeans and their family members acquiring British nationality

Over the months leading up to the EU referendum I have received a number of enquiries from EU nationals, and their families, residing in the UK and wanting to apply to naturalise as British citizens. Despite it being unlikely that those European nationals who already live in the UK will be affected by a Brexit, it is easy to understand that most people are concerned about the outcome of the referendum and want to ensure that they have safeguarded their residence in the UK in the best possible way. It appears, however, that many of those who might be affected did not realise that the rules surrounding British nationality applications for European nationals and their families currently residing in the UK have recently changed.

Citizens of the EU and the EEA were previously able to qualify for British nationality once they have achieved the required residence period (5 or 3 years), possessed permanent residence for the last 12 months of that period (which one acquires automatically by operation of law if the criteria are met), and satisfied a number of other general requirements. From 12 November 2015 however, citizens of EU and EEA countries and their family members must have not only acquired a permanent right of residence in the UK, and held this status for at least 12 months, but also have been issued a permanent residence card before they apply to naturalise as British.

This has a significant impact on the timeframe for a Naturalisation application by those European nationals or their family members who have failed to obtain a permanent residence certificate or card.

EU or British?

Over the years that I have practiced immigration law, I have been asked many times by European clients “Is it better if I become British?” Far from the cost of a Naturalisation application, this question was usually a result of balancing two important personal and family matters: on one side, a natural desire to acquire the nationality of their country of residence, and on the other the need to sponsor or preserve the immigration status of their family members from outside the EU/EEA.

Previously, those who held dual citizenship of the UK and another member state could rely on their other European nationality to benefit from the terms of the European Directive (2004/38/EC). This was amended on 16 July 2012, and the change means that save for very limited exceptions, dual British and European nationals are no longer able to benefit from the Directive as EU/EEA nationals. As a result of this, family members are now precluded from relying upon free movement rights themselves.

The 2006 Regulations provide far more straightforward requirements for sponsoring dependants in the UK than those contained in the current UK Immigration Rules; therefore, most people, when provided with a basic overview of the requirements and procedures under these two different routes, will opt for the first. The main disadvantages and deterring factors for most individuals are the maintenance and financial requirements of an application as the spouse of a British national under Appendix FM of the Immigration Rules and the English language requirement. No similar provisions are contained in the 2006 Regulations.

Following the changes in 2012, some European nationals decided to delay their British nationality applications to enable their families to apply to join them in the UK using the provisions of the 2006 Regulations.

The changes introduced in 2012 continue to impact on the ability of those European nationals who intend to acquire British nationality to sponsor non-European family members; it seems, however, that in light of the upcoming EU referendum, European nationals are more inclined to obtain British citizenship.

Although we have been repeatedly told that, even in the event that Britain does vote to leave the EU, it will take years to extricate the UK from the EU paradigm, the close proximity of an EU referendum has certainly added to the debate over the pros and cons of holding British citizenship. 

 

Countries / Territories

  • 🌐

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Video

Brazil Offshore Visa: Key Requirements Explained

Partner Diana Quintas highlights Brazil’s offshore visa requirements, including eligibility, application steps and key compliance considerations for assignments over 90 days.

Learn more

Media mentions

EB-5 Investors: Silicon Valley emerges as EB-5 hotspot for H-1B and F-1 visas

Senior Counsel Mitch Wexler discusses why EB-5 is becoming a popular option for H-1B and F-1 visa holders in Silicon Valley navigating multiple pathways to permanent residence.

Learn more

Media mentions

EB-5 Essentials: EB-5 for Africa and MENA: Processing Timelines, Travel Bans, and the 2026 Deadline

Partner Isha Atassi and Director Nofisatu Mojidi discuss key considerations for investors from Africa and the Middle East in the EB-5 program.

Learn more

Work authorization

German Offshore Wind Expansion: Compliance Essentials for Third-Country Nationals

Senior Manager Katharina Vorländer examines how Germany’s strictly territorial migration and employment laws impact the deployment of third‑country nationals in offshore wind projects, highlighting compliance risks arising from maritime zone boundaries, work authorization limits and Schengen documentation challenges.

Learn more

Work authorization

EU Entry/Exit System (EES) and Schengen Overstays: New Risks and Legal Solutions

Senior Associate Tugba Ozyakup and Senior Immigration Manager Andreia Ghimis explore how the EU’s Entry/Exit System is reshaping Schengen overstay enforcement, the risks facing travellers and employers and the legal remedies available to challenge or prevent adverse outcomes.

Learn more

Video

Welcome to the Great White North—Immigration Behind the Beautiful Game | #FragomenFC - Ep. 16

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Canada’s entry requirements for the 2026 FIFA World Cup, including visa-required and visa-exempt nationals, visitor entry rules and key planning considerations for fans, teams, media and volunteers.

Learn more

Media mentions

Bloomberg Law: DOL Wage Overhaul Adds to H-1B Sticker Shock for Employers

Partner Kevin Miner discusses the DOL’s proposed H-1B wage rule and its potential to add significant unplanned costs for US employers.

Learn more

Media mentions

Care Talk Business: What the Casey Commission Means for Social Care’s Workforce

Manager Asif Hanif, Senior Immigration Consultant Georgia Marshall and Immigration Consultant Inderjit Kaur examine how the Casey Commission could reshape workforce models, immigration policy and international recruitment in UK adult social care.

Learn more

Video

Staatsangehörigkeit Allgemein | #MobilityMinute

Senior Associate Isabel Schnitzler highlights key pathways to German citizenship, including descent-based eligibility and standard naturalization requirements and outlines important considerations for individuals exploring their options.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.