• Insights

When is it Good to be British?

June 13, 2016

Countries / Territories

  • 🌐

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

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

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Photo of Kasia Pasternak

Kasia Pasternak

Senior Manager

Fragomen in London, United Kingdom

Email

[email protected]

T:+44 (0) 207 090 9328

Related offices

  • Fragomen in London
  • Fragomen in Sheffield, United Kingdom

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI compliance metrics for universities take effect today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Blog post

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Blog post

Beyond the UK's Net Migration Decline: What the Data Reveals

Government Affairs Strategy Director Shuyeb Muquit analyses the UK’s latest net migration decline, exploring what the data reveals about policy impact, economic trade‑offs and the risks of over‑correction in future migration strategy.

Learn more

Media mentions

Bloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers

Partner Bo Cooper discusses the practical considerations facing employers and foreign nationals amid recent changes to green card processing.

Learn more

Blog post

Business Immigration After the Midterms (Part 2): Enforcement, States and Expanding Risk

In this second installment of the Business Immigration After the Midterms series, Partner K. Edward Raleigh explores how post‑election enforcement risks for employers are expanding beyond federal agencies to include states, Congress, private plaintiffs and AI‑driven scrutiny, reshaping how workforce decisions are evaluated and challenged.

Learn more

Video

Full-Time | #FragomenFC - Ep.18

In this #FragomenFC episode, Partner Rick Lamanna, Senior Manager Sergio Flores and Senior Associate Jake Paul Minster discuss final travel and immigration considerations ahead of the 2026 FIFA World Cup.

Learn more

Media mentions

The New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship

Senior Manager Samantha Arnold discusses Ireland's citizenship framework and the gaps that can remain following reforms to birthright citizenship.

Learn more

Video

Sponsor Guide: Brazil Family Reunion Visa Essentials

In this video, Partner Diana Quintas discusses how Brazil’s family reunion visa supports long-term international assignments and outlines key eligibility, documentation and compliance considerations for employers and families relocating to Brazil.

Learn more

Blog post

Immigration and Employment in Chile: Legal Requirements for Foreign Workers

Attorney María José Clarke explores Chile’s intensified immigration enforcement framework under President José Antonio Kast, examining new employer compliance obligations, work authorization rules for foreign nationals and the legal and financial consequences of unauthorized employment.

Learn more

Media mentions

The PIE: New UKVI compliance metrics for universities take effect today

Senior Manager Jonathan Hill examines how the UK's new RAG rating system and stricter compliance metrics could shape universities' approaches to international student recruitment and sponsorship compliance.

Learn more

Blog post

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Video

Less Than Two Weeks: FIFA World Cup 2026 Countdown | #MobilityMinute

With less than two weeks until the first match of the 2026 FIFA World Cup, Senior Associate Jake Paul Minster outlines important visa and entry considerations for travelers planning to visit the US, Canada and Mexico.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Blog post

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

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 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
Important Updates
Important Updates
June 3, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Review of Sponsored Work Route Salary Thresholds Published
June 3, 2026 | United StatesBloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers
June 3, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 3, 2026 | IrelandThe New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship
June 3, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Review of Sponsored Work Route Salary Thresholds Published
June 3, 2026 | United StatesBloomberg: Trump’s Green-Card Crackdown Sparks Outcry From Confused Lawyers
June 3, 2026 | CanadaCanada: Ontario Advances Overhaul of Provincial Nominee Program
June 3, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
June 3, 2026 | IrelandThe New York Times: What Ireland and Germany Can Teach Us About Birthright Citizenship
June 3, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Review of Sponsored Work Route Salary Thresholds Published
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.