EEA Citizens and British Nationality

[JAJ]

It seems that the situation for EEA citizens and British nationality has changed once again from 30 April 2006:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf file)

With effect from 30.04.06, EEA+Swiss citizens exercising Treaty rights for over 5 years in the United Kingdom are automatically deemed to have Indefinite Leave to Remain.

It is still recommended to document this by obtaining the relevant residence permit (because the 5 year period can be broken by absences from the UK), however if it has been continuous:

- a child born in the UK on or after 30 April 2006 to an EEA national parent is automatically a British citizen if the parent has lived in the UK for 5 or more years exercising Treaty rights (subject to the legitimacy rules if only the father is EEA and the child is born before 1 July 2006).

- children born to EEA+Swiss citizens in the UK between 2 October 2000 and 29 April 2006 can be registered as British citizens under s1(3) of the Act once the EEA/Swiss parent has exercised Treaty rights for 5 years

- an EEA/Swiss citizen may apply for naturalisation as a British citizen after 6 years residence in the United Kingdom (the time for ILR + 12 months). If married to a British citizen, then 5 years residence is enough (the time for ILR), or 3 years if ILR has been obtained through the domestic immigration rules.

Citizens of the Republic of Ireland are exempt from the 5 year wait for ILR, as before.

And for reference, prior to 2 October 2000, EEA nationals resident in the United Kingdom exercising Treaty rights were automatically deemed to have ILR. This was effectively withdrawn on 2 October 2000, even for those in the UK prior to that date, but could be obtained on application.