Settlement

As a matter of domestic law, EEA nationals and their family members who have been resident in the UK for five years can apply for ILR, which is a prerequisite for naturalisation as a British citizen. However, under current practice of the Nationality Directorate of the Home Office, EEA nationals and those exercising EU free movement rights are presumed to be settled even without having applied for and been granted ILR. As a result, children born to those exercising EC free movement rights may be entitled to British nationality and a British passport.