European Citizen: Do I want a British passport?

It has been a question that many EEA (European Economic Area) nationals have pondered for years; If I reside in the UK, do I need a UK passport or would a European Union passport be better? There are some agreements and rights within the EU that the UK has not subscribed to or has not chosen to exclude, such as at what age children are considered to be dependent and varying degrees of relaxed border programs. More recently, the UK government has negotiated a four-year ban on newcomers from other EU countries from obtaining employment benefits; While the full effects of this are yet to be seen, any resulting effects will have a much greater effect on those who migrate. to the UK with an EU passport, instead of a UK passport.

And yet, if you obtain or already hold a UK passport, you are automatically considered a European citizen, bringing with you all the benefits that nationals of all 28 member states enjoy. Such benefits include the right to freedom of movement without a visa between EU member states, as well as the right to reside and work in EEA countries.

Family reunification with direct family members not belonging to the EEA

However, when it comes to immigration matters, specifically related to migration along family routes outside the EEA, having a British passport or an EU national identity card or passport could make a difference. Today, when international marriages are common all over the world, those who want their foreign (non-EEA) spouse to join them in the UK could be subject to different rules depending on their nationality.

If you are a British citizen, you must fully comply with the strict national immigration regulations, which is a long and quite expensive process. To qualify for a British citizen’s spouse visa, for example, strict financial requirements must be met and a hefty application fee must be paid.

This is in stark contrast to the EU law on freedom of movement and residence, which stipulates that a residence card for a non-EEA spouse of an EEA nationalist is a highly recommended but not mandatory requirement as regards the right to the free movement of EEA workers. .

If you are an EEA citizen and intend to settle with your non-EEA spouse in the UK after 5 years of continuous life in the country, both of you must apply for a document certifying permanent residence for a small fee as it goes down as £ 65.00. Once you have these documents, you can apply for naturalization as a British citizen according to the usual procedure.

In some cases, the difference in the definition of “dependent family member” under UK and EU law can be significant. For example, if an EU citizen wishes to bring direct family members from outside the EU, their dependents up to the age of 21 are eligible to move to the UK to reside with their EU relatives. Whereas, according to British immigration rules, the age of dependents is 18 years or less.

Citizens of the British Overseas Territories

There are 14 British Overseas Territories (BOT), which are under the jurisdiction and sovereignty of the United Kingdom, but are not part of it. These countries are the British Indian Ocean Territory, Gibraltar, Bermuda, the Falkland Islands, the South Georgia and the South Sandwich Islands, the British Antarctic Territory, Saint Helena and its dependencies (Ascensión and Tristán da Cunha), Montserrat, the Islas British Virgins, the Cayman Islands. Islands, Turks and Caicos Islands, Anguilla, the Pitcairn Group of Islands and the Sovereign Base Zones in Cyprus.

If you are a citizen of the British Overseas Territories (BOT), you are still subject to immigration controls, which means that you do not have the automatic right to live or work in the UK unless you hold a British passport. In the same way, BOT citizens are also not considered UK citizens by the European Union (EU), which entails some restrictions regarding their movements within Europe. An exception to this are BOT citizens who obtained their status from a Gibraltar connection. Consequently, this particular category may benefit from certain rights of free movement and residence under EU law.