Does Settled Status expire after acquiring British citizenship?

[Lopand]

I recently naturalised as a British citizen, based on the EU route of Settled Status.

My EU passport is about to expire and I am about to renew it. I learned that I will need to update my Settled Status account with the details of my new passport if I want the Settled Status to be connected to it. The UKVI website (of proving Settled Status) allows you to update these details, but also indicates that I should update them with any change of nationality.

My questions:

1. Do I have to update UKVI with my naturalisation status or can I just log in the details of my new passport? Is it an offence not to declare that I naturalised as a British citizen?

I am confused by the term "change of nationality", as I didn't have to give up my EU nationality, I just acquired dual citizenship.

2. If I declare it, will I lose my Settled Status?

This is meaningful for my option to use my EU passport in the future to enter the UK, or to use it to claim EHIC card, etc.

Thanks in advance!

[secret.simon]

"Settled Status" is , in legal terms, Indefinite Leave to Remain issued under Appendix EU of the UK Immigration Rules.

A British citizen can not hold ILR (or any other form of leave under the Immigration Act or Rules) as he has a superior Right Of Abode in the UK.

Therefore, to the best of my knowledge, the answer is yes. Your Settled Status will have lapsed when you became a British citizen (i.e. on the day of your citizenship ceremony), as does the ILR status of non-EEA citizens who have acquired ILR under other sections of the Immigration Rules.

I am confused by the term "change of nationality", as I didn't have to give up my EU nationality, I just acquired dual citizenship.

You did not give up your EU nationality, but you did acquire British citizenship and that is a change (in fact, quite a material one, as explained above, as a British citizen can't hold an immigration status in the UK).

2. If I declare it, will I lose my Settled Status?

In my opinion, you have already lost Settled Status. See above.

This is meaningful for my option to use my EU passport in the future to enter the UK

You can apply to have a CoE-RoA stamped into your EU passport. But be aware that it is only valid for the lifetime of your passport and it costs four times the price of a British passport.

[Lopand]

"Settled Status" is , in legal terms, Indefinite Leave to Remain issued under Appendix EU of the UK Immigration Rules.

A British citizen can not hold ILR (or any other form of leave under the Immigration Act or Rules) as he has a superior Right Of Abode in the UK.

Therefore, to the best of my knowledge, the answer is yes. Your Settled Status will have lapsed when you became a British citizen (i.e. on the day of your citizenship ceremony), as does the ILR status of non-EEA citizens who have acquired ILR under other sections of the Immigration Rules.

I am confused by the term "change of nationality", as I didn't have to give up my EU nationality, I just acquired dual citizenship.

You did not give up your EU nationality, but you did acquire British citizenship and that is a change (in fact, quite a material one, as explained above, as a British citizen can't hold an immigration status in the UK).

2. If I declare it, will I lose my Settled Status?

In my opinion, you have already lost Settled Status. See above

What you are saying is obviously correct to other non-EU nationals, but more complicated with EU nationals because of Brexit's Withdrawal Agreement. The status of settled EU nationals in the UK is not equivalent of those of other nationalities with permanent residency, as stated in the Lounes judgment. It stated that "a migrant Union Citizen who naturalizes cannot be compared to a native citizen – their migrant history means that they should be treated differently, and continue to enjoy the rights they had as a migrant".

The example I used is the privilege of settled EU citizens in the UK to issue EHIC after the Brexit transition period ends, unlike natural UK citizens who will be denied this right. Lounces means that EU nationals will not lose their EU rights, including the right to issue EHIC, even if they naturalised as British citizens.

My wonder is whether it means that I can continue to update my details (new passport) to the system to continue to have a proof of my settled status rights, even though I naturalised. Lounces means that I should have the right to, but I'm not sure.

[vinny]

I believe they may be treated as a relevant naturalised British citizen?

[secret.simon]

I'm not sure that the Withdrawal Agreement preserves Lounes. It does preserve "Retained EU law", but that can be (and will likely be if it hasn't already been) removed by domestic UK legislation.

The Withdrawal Agreement is narrower than you think. From my reading of the Agreement, it does not preserve case-law based EU citizen rights (like both Lounes and Surinder Singh). It does treate dual British-EU citizens as if solely EU citizens for the purpose of preserving the rights listed under Directive 2004/38/EC for dual British-EU citizens to sponsor their present family members, but it does not (explicitly) extend Lounes to Settled Status.

In a sense, the rights that arose from EU law (particularly case law) directly will be extinguished at the end of the transition period (or whenever the UK Parliament or courts overturn them) and only those rights explicitly stated in the Withdrawal Agreement (a much narrower range) will remain.

I believe they may be treated as a relevant naturalised British citizen?

I agree, for the purposes of sponsoring their family members. The question is whether they can maintain ILR in addition to their naturalised status or whether their ILR is extinguished at naturalisation.

I think the Immigration Act 1971 will need to be explicitly amended specifically to provide for British citizens to continue to hold an immigration status in addition to British citizenship (which would be very interesting; simultaneously both an alien/foreigner and a British citizen). An Appendix in the Immigration Rules won't suffice for that.

[Lopand]

I'm not sure that the Withdrawal Agreement preserves Lounes. It does preserve "Retained EU law", but that can be (and will likely be if it hasn't already been) removed by domestic UK legislation.

The Withdrawal Agreement is narrower than you think. From my reading of the Agreement, it does not preserve case-law based EU citizen rights (like both Lounes and Surinder Singh). It does treate dual British-EU citizens as if solely EU citizens for the purpose of preserving the rights listed under Directive 2004/38/EC for dual British-EU citizens to sponsor their present family members, but it does not (explicitly) extend Lounes to Settled Status.

In a sense, the rights that arose from EU law (particularly case law) directly will be extinguished at the end of the transition period (or whenever the UK Parliament or courts overturn them) and only those rights explicitly stated in the Withdrawal Agreement (a much narrower range) will remain.

I understand. That's very interesting. I guess that we'll just have to wait and see which rights will be retained. Thank you.

[secret.simon]

@vinny, I had a quick read through EU11 (eligibility for acquiring ILR under Appendix EU) and all the references to "relevant naturalised British citizen" are for their family members, not for such citizens themselves.

So a dual British-EEA citizen who currently holds PR (possible under EU law) will lose their PR at the end of the transition period, because they will not be able to exchange their PR (held under EU law) for Settled Status, as they are also a British citizen.

I'd apply the same logic to a dual British-EEA citizen who had held Settled Status.

[Frou01]

That’s a really good question.

While PR holders status will expire after the deadline mentioned, many new dual citizens noticed their EUSS status at the link they receive with EUSS confirming their right to work and live and their picture, is still acitive.

Some who naturalised over a year ago for example still have that status when they login.

Also as EUSS is part of the withdrawal agreement it would be interesting if those who naturalised with EUSS will be part of it.
Also as the new EHIC card is ready to apply next month, I’m interested if dual citizens with an EU passport are eligible.

[secret.simon]

I missed out on the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 becoming law on 11th November 2020.

Section 1 states

Repeal of the main retained EU law relating to free movement etc.
Schedule 1 makes provision to—
(a)end rights to free movement of persons under retained EU law, including by repealing the main provisions of retained EU law relating to free movement, and
(b)end other EU-derived rights, and repeal other retained EU law, relating to immigration.

After listing certain specific EU laws to be repealed, Section 6(1)(b) of Schedule 1 targets any "EU-derived rights" that "are otherwise capable of affecting the exercise of functions in connection with immigration."

I take this to mean that any right not explicitly stated in the Withdrawal Agreement (including Lounes,which would in any case be incompatible with the Immigration Act 1971) and not provided for in Appendix EU (such as Surinder Singh) will expire on 31st December.

Also as EUSS is part of the withdrawal agreement

Actually the EUSS is not a part of the Withdrawal Agreement.

While the Withdrawal Agreement makes provision for EU citizens to have the right to reside in the UK after the transition period, it does not explicitly provide for a special status that EU citizens will hold. The EUSS is an immigration status provided under the Immigration Act 1971 and the Immigration Rules, as are the immigration statuses of all other non-EEA migrants.

And dual British-EU citizens do have a right to reside in the UK, as British citizens.

So the provisions for EU citizens to continue residing in the UK, as provided in the Withdrawal Agreement, are met, without any special status.