Receiving EU citizenship soon, been in the UK for 3 years

[MarkCa]

Hi,

I am posting this questions on behalf of my friend. He came to the UK by company trasnfer visa 3 years ago. He currently has US passport. He had regular salaries in the UK, received nino and lived in the UK ever since then.

Now, due to changes in regulations in Croatia (EU country), it became possible for him to receive Croatian passport. He is still not a Croatian citizen, but he started a process in November 2020 and he is expecting to get Citizenship soon. His both parents are from Croatia, so his application is basically guaranteed to be approved.

Now, considering the fact that he will become EU citizen, is there any chance he could obtain a pre-settled status? As mentioned, he came to the UK 3 years ago under company transfer and he would have no issue proving that he lived here ever since. He is just not sure if he can use the EU citizenship that will be granted this year to support the fact that he lived here before (same person, under different route and nationality).

Thanks!

[CR001]

He woukd have needed to be an eu citizen and living in the uk by 31st december 2020 to qualify for pre settled status as far as i am aware.

Afterr this date, he needs a visa to live and work in the uk.

[Obie]

2 issue may arise in this case.

1. Was the person as a matter of Croatian law a Croat citizen on the day of withdrawal.


2. Will he or she be able to make an exceptional case for lateness?

[MarkCa]

Thanks for answers!

To answer questions:

1. He is still not a Croat citizen. His application is still pending.

2. If it is not too late once he receive the Croat citizenship (probably early next year), could he make a case that reason for delay is that he was waiting for citizenship?

[vinny]

Probably no.

[Obie]

Probably no.

I agree. This will fall totally outside the scope of the withdrawal agreement.

[dexmo]

Thanks for answers!

To answer questions:

1. He is still not a Croat citizen. His application is still pending.

2. If it is not too late once he receive the Croat citizenship (probably early next year), could he make a case that reason for delay is that he was waiting for citizenship?

To benefit from the provisions of the withdrawal agreement/EU Settlement Scheme your friend will need to demonstrate two things: he was a resident in the UK before 31 Dec 2020 and he was an EU national before 31 Dec 2020. Why he wasn't an EU national at the time is irrelevant and in all likelihood, given he's been in the UK on a visa/as a non-EU national, UKVI will ask him to provide evidence of citizenship prior to Dec 2020.

Now, I don't know, but from a purely legal point of view Croatia may have always regarded him as a Croatian national (given his parents are Croatian) - he's just not been formally naturalised. He will need to find out if that is the case (I know in some countries it is - a child born to both parents nationals of a country is automatically a national of that country) and, if it is and he can get a document from the relevant authority that Croatia has always regarded him as a Croatian national (he was automatically Croatian at birth) he may be able to benefit from the EUSS.

[MarkCa]

Thank you all for answers!

I will tell him this and if he would like to check further I will tell him to register.

[MarkCa]

Why he wasn't an EU national at the time is irrelevant and in all likelihood, given he's been in the UK on a visa/as a non-EU national, UKVI will ask him to provide evidence of citizenship prior to Dec 2020.

Now, I don't know, but from a purely legal point of view Croatia may have always regarded him as a Croatian national (given his parents are Croatian) - he's just not been formally naturalised. He will need to find out if that is the case (I know in some countries it is - a child born to both parents nationals of a country is automatically a national of that country) and, if it is and he can get a document from the relevant authority that Croatia has always regarded him as a Croatian national (he was automatically Croatian at birth) he may be able to benefit from the EUSS.

What is the type of document that would prove that he was considered by Croatia as Croatian?

Thanks!

[dexmo]

Why he wasn't an EU national at the time is irrelevant and in all likelihood, given he's been in the UK on a visa/as a non-EU national, UKVI will ask him to provide evidence of citizenship prior to Dec 2020.

Now, I don't know, but from a purely legal point of view Croatia may have always regarded him as a Croatian national (given his parents are Croatian) - he's just not been formally naturalised. He will need to find out if that is the case (I know in some countries it is - a child born to both parents nationals of a country is automatically a national of that country) and, if it is and he can get a document from the relevant authority that Croatia has always regarded him as a Croatian national (he was automatically Croatian at birth) he may be able to benefit from the EUSS.

What is the type of document that would prove that he was considered by Croatia as Croatian?

Thanks!

Would suggest your friend speaks to the gov department/organisation responsible for naturalisation once he's formally acquired citizenship (or the embassy/consulate) to 1)find out if, from a legal point of view, he was automatically Croatian at birth through his parents 2)if so, perhaps they can issue him a formal letter stating that based on Croatian legislation he was automatically Croatian at birth or something to that effect.

[ALKB]

Why he wasn't an EU national at the time is irrelevant and in all likelihood, given he's been in the UK on a visa/as a non-EU national, UKVI will ask him to provide evidence of citizenship prior to Dec 2020.

Now, I don't know, but from a purely legal point of view Croatia may have always regarded him as a Croatian national (given his parents are Croatian) - he's just not been formally naturalised. He will need to find out if that is the case (I know in some countries it is - a child born to both parents nationals of a country is automatically a national of that country) and, if it is and he can get a document from the relevant authority that Croatia has always regarded him as a Croatian national (he was automatically Croatian at birth) he may be able to benefit from the EUSS.

What is the type of document that would prove that he was considered by Croatia as Croatian?

Thanks!

Did he have to go through the process of naturalization or did he apply for a passport straight away?

[manci]

There is a difference between applying for citizenship and applying for confirmation of citizenship

If both his parents were Croatian citizens at the time of his birth, and unless he has been deprived of Croatian citizenship, he is likely to have been a Croatian citizen since birth. He should be able to obtain documentary proof of this.

He has been in the UK for the past 3 years as a US citizen on a T2 ICT visa . I doubt (but don't know for certain) that this would make a difference to his eligibility to apply under the EUSS.

[MarkCa]

Thank you ALKB and manci on your responses.

So, his parents both have Croatian citizenship and had it at the moment when he was born. However, he was born outside of Croatia which is why he never had any Croatian documents.

Until about a year and a half ago, Croatia didn't allow people whose both parents were born in Croatia to obtain Croatian documents. Then, due to some EU regulations, it started allowing this and my friend who has American passport applied for his documents at that time. Therefore, I believe that he is going through the process of naturalisation, since he was not in a position to just get a new passport (like someone from Croatia who lost passport during traveling and just goes to embassy to get a new one). He had to submit all evidence from his parents etc and now his is in process of getting his first Croatian documents ever.

However, he did start the process and was eligible before 1.1.2021, which is why I am not sure if he could qualify. Main reason why he still doesn't have these documents is slow response from Croatia, not the fact that his application is uncertain or anything else, since the only criteria is regarding his parents and it is 100% met.

Could this create any arguments that would be accepted in the UK?

[manci]

The deadline for EUSS applications was 30 June 2021. However, later applications can be accepted if there are ‘reasonable grounds’ for not applying by 30 June 2021

The delay in obtaining the necessary proof of citizenship documents, which was outside his control, probably constitutes "reasonable grounds".

[dexmo]

The deadline for EUSS applications was 30 June 2021. However, later applications can be accepted if there are ‘reasonable grounds’ for not applying by 30 June 2021

The delay in obtaining the necessary proof of citizenship documents, which was outside his control, probably constitutes "reasonable grounds".

In my view, and other may disagree, this is just stretching it too far. To benefit from the provisions of the EUSS the applicant must have been an EU national before Dec 2020, hence I suggested if Croatian law regards him as Croatian by birth he may be able to benefit from the scheme even though he will not have held any document proving his citizenship until say Dec 2021 or Jan 2022 or whenever that is going to be.

Given what you've just said this may not be the case - your friend will need to clarify this with Croatian authorities. Why he wasn't a citizen before Dec 2020 is irrelevant. In other words I very much doubt your friend could argue he had 'reasonable grounds' for not applying to the EUSS by June 2021 because he wasn't an EU citizen at the time unless he can demonstrate that according to Croatian legislation he was automatically Croatian at birth but came to obtain Croatian documents after Dec 2020/June 2021.

[secret.simon]

His both parents are from Croatia

Were both his parents Croatian citizens (not just from Croatia) at the time of his birth? Also, where was he born?

[manci]

Were both his parents Croatian citizens (not just from Croatia) at the time of his birth? Also, where was he born?

see below

his parents both have Croatian citizenship and had it at the moment when he was born. However, he was born outside of Croatia which is why he never had any Croatian documents.

[secret.simon]

Were both his parents Croatian citizens (not just from Croatia) at the time of his birth? Also, where was he born?

see below

his parents both have Croatian citizenship and had it at the moment when he was born. However, he was born outside of Croatia which is why he never had any Croatian documents.

Then, according to this translation of the Croatian nationality law, he is a Croatian citizen by origin, which presumably means from birth.

I am not sure what documentation the Croatian government issues stating that the person is a Croatian citizen from birth, as their site is solely in Croatian.

I agree with @manci's post above. If he can obtain a document stating that he was a Croatian citizen by birth and that document is accepted by the Home Office, I think that all the time the person has spent in the UK could be used to apply for Settled Status.

[manci]

am not sure what documentation the Croatian government issues stating that the person is a Croatian citizen from birth

Once his application is granted he can apply for a Croatian passport but to prove that he was a Croatian citizen from birth, or at least during the the time he has lived in the UK, I expect he would need to obtain a separate document from the Croatian authorities which should be translated into English. That is if the HO doesn't just accept his new passport as proof?

I think that all the time the person has spent in the UK could be used to apply for Settled Status.

He has only lived in the UK for some 2 years pre -Dec 2020, so it would be pre-settled status