• Insights

When is it Good to be British?

June 13, 2016

Countries / Territories

  • 🌐

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

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 offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more

Fragomen news

Fragomen Appoints Timo Heck as Managing Partner of DACH Region

Fragomen has appointed Timo Heck as Managing Partner of the DACH region, encompassing Germany, Austria and Switzerland.

Learn more

Blog post

How Employers Can Support Integration and Retain International Talent in Germany

Senior Manager Katharina Vorländer explores how employers in Germany can look beyond the initial immigration process to support integration, long-term stability and the retention of international talent.

Learn more

Media mentions

Scottish Legal News: Scotland’s Investment Ambitions Depend on Workforce Readiness

Director Kelly Hardman explores why workforce planning is essential to Scotland’s investment ambitions and long-term economic growth.

Learn more

Fragomen news

Comment on DHS Proposal to Eliminate the 60-day Grace PeriodLearn more

Fragomen news

Comment on DHS proposal to impose up to $100,000 in Optional Practical Training FeesLearn more

Media mentions

Human Resources Director: Fixed-Term Contract Limits Squeeze Visa Sponsorship, Research Warns

Co-authors Partner Charles Johanes, Senior Counsel Anna Boucher and Allens Partner Tarsha Gavin explore the intersection of Australia’s migration and employment laws and the implications for employers sponsoring temporary visa holders.

Learn more

Media mentions

Prawo: Pracodawca na pierwszej linii: jak reforma zatrudniania cudzoziemców przesuwa odpowiedzialność na firmy

Partner Karolina Schiffter examines how Poland’s proposed foreign employment reforms could increase employers’ administrative and compliance responsibilities.

Learn more

Blog post

Trusted Digital Identity Is Critical Infrastructure for Global Mobility

In the first blog in a new series, Managing Director, Digital Identity Amit Sharma explores why trusted digital identity is becoming increasingly important to global mobility, how reusable digital credentials could work and why interoperability across systems and jurisdictions will be critical.

Learn more

Blog post

UK Global Talent Visa vs Innovator Founder Visa: A Guide for Tech Professionals, Researchers and Founders

Senior Associate Amelia Haynes compares the UK’s Global Talent and Innovator Founder visa routes, examining who each route may suit, the evidence required, professional flexibility and potential pathways to settlement.

Learn more

Blog post

Polish Citizenship by Descent: Finding Family Records and Navigating Polish Archives

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain how applicants pursuing Polish citizenship by descent can locate family records, navigate archives and obtain documentary evidence that can be used in citizenship proceedings.

Learn more
Generic Insights

Fragomen news

2026年10月 米国移民法ダイジェストLearn more

Awards

Fragomen Recognized in 2027 Best Law Firms® Rankings in the United States

Fragomen has been recognized in the 2027 edition of Best Law Firms®, earning a National Tier 1 ranking in Immigration Law and 16 regional rankings across the United States.

Learn more
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 InsightsView 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
  • 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
Important Updates
Important Updates
November 12, 2026 | New ZealandNew Zealand: Green List Changes Effective March 2027
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | IndiaIndia: Simplification of Visa Categories and Reduction in Application Information Requirements
November 12, 2026 | IrelandIreland: New Seasonal Employment Permit Program Launched for Horticultural Sector Workers
November 12, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
November 12, 2026 | New ZealandNew Zealand: Green List Changes Effective March 2027
November 12, 2026 | Austria, Germany, SwitzerlandFragomen Appoints Timo Heck as Managing Partner of DACH Region
November 12, 2026 | IndiaIndia: Simplification of Visa Categories and Reduction in Application Information Requirements
November 12, 2026 | IrelandIreland: New Seasonal Employment Permit Program Launched for Horticultural Sector Workers
November 12, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
November 12, 2026 | New ZealandNew Zealand: Green List Changes Effective March 2027
Subscribe

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
  • TikTok
  • 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.