Questions remain over when they can apply for citizenship after the Government’s immigration White Paper

EU nationals who applied to remain in the UK after Brexit will be protected from tougher 10-year rules for settlement, The i Paper understands.

But those who want to apply for citizenship may find that they do have to wait for the full decade.

EU nationals with settled status – leave to remain in the UK indefinitely – were thrown into confusion when Sir Keir Starmer and Home Secretary Yvette Cooper announced tough new immigration rules this week.

Under the new rules, anyone wanting to apply for citizenship or settled status would have to have lived in the UK for ten years, rather than the previous five.

This led to EU nationals who have been here for three or four years wondering if they would have to reapply.

It is understood however that they will not for settled status. However, it is still unclear whether anyone wanting to apply for citizenship after living in the UK for, say, four years, will now have to wait an extra six years rather than one.

This has prompted warnings the changes would sow “division” among EU nationals who consider the UK to be their permanent home.

It is understood that no decision has yet been taken on whether the stricter citizenship rules will apply to EU nationals already in the UK, with the policy still due to be consulted on.

What are the new rules?

The Home Secretary revealed on Monday that she would be consulting on plans to double the period of time someone must live in the UK before they can apply for permanent settlement or citizenship.

Under her proposals, this would increase from five to ten years.

In its immigration White Paper, the Government said: “We will extend the principles of the points-based system, doubling the standard qualifying period for settlement to 10 years, but there will be provisions to qualify more swiftly that take account of the contribution people have made.”

Details as to how this contribution would be measured have not been set out.

Government sources confirmed those already in the UK with pre-existing settled status, or pre-settled status, will not see changes to their settlement rights even if they have been in the UK for less than ten years.

Details for those already on a pathway to citizenship will be confirmed later this year, following the conclusion of the consultation.

After Brexit, EU nationals who had been living in the UK for five years were able to apply for settled status and the permanent right to remain in the country.

The deadline to apply to the EU settlement scheme was June 2021.

Anyone who had not reached the five-year point by the end of the post-Brexit transition period were able to apply for pre-settled status – which allowed them to live in the UK but with more restrictions. Once they have been in the country for five years they are then also able to apply for settled status.

According to The3Million, a group set up to represent the interests of EU nationals in the UK during the Brexit negotiation period, there are 1.6 million people with pre-settled status in the country.

Concern about moving goalposts

There are an additional four million with settled status who may be considering applying for citizenship. Andreea Dumitrache, CEO of The3Million, told The i Paper she was concerned about the Government moving the goalposts for EU nationals who wish to be citizens.

“Extending the residence requirement for citizenship to ten years would only lead to more division and discrimination. We’re hearing from so many EU citizens who have built their lives here how devastating this announcement has been. It’s signalling that our rights are at risk and that at any point they can be taken away,” she said.

“We still need clarity on who the new requirements will apply to, but one thing is clear: these proposals not only directly affect all migrants, but also demonise us, pitting us against one another, having a profound impact across communities.”

In the House of Commons earlier this week, Cooper was asked by Labour MP Florence Eshalomi what would become of foreign nationals already living and working in the UK.

The Home Secretary would not say whether the changes would only apply to new arrivals or those already living in the country.

“We will set out further details of the earned settlement and citizenship reforms later this year, and we will consult on them. There will be plenty of opportunity for people to comment on and consider the detail, but it is important that we extend the sense of contributions and the points-based system to those reforms as well,” she said.

“We have also said that we will maintain the current five-year route for those who have come on a dependant visa or a family visa, as part of maintaining families.”