It has been a question that many EEA (European Economic Area) nationals have pondered for years; If I live 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 is not signed to or has chosen not to participate in, such as at what age children are considered dependent and varying degrees of relaxed border schemes. More recently, the UK government has negotiated a four-year ban on new arrivals from other EU countries taking benefits at work; although the full effects of this remain to be seen, any resulting effects will have a far greater effect on those who migrate. to the UK with an EU passport, rather than a UK passport.

And yet, if you obtain or already hold a UK passport, you are automatically considered a European citizen and bring with you all the benefits enjoyed by citizens of the 28 member states. Such benefits include the right to visa-free freedom of movement between EU member states, as well as the right to reside and work in EEA countries.

Family reunification with non-EEA direct relatives

However, when it comes to immigration matters, specifically related to migrating family routes outside the EEA, having a British passport or an EU national ID card or passport could make all the difference. Nowadays, when international marriages are common around 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 rules, which is a lengthy and quite expensive process. To qualify for a visa for the spouse of a British citizen, for example, strict financial requirements must be met and a hefty application fee must be paid.

This contrasts sharply with the EU’s freedom of movement and residence law, which stipulates that a residence card for a non-EEA spouse of an EEA nationalist is a highly recommended but not mandatory requirement as far as the right of residence is concerned. free movement of EEA workers. .

If you are an EEA citizen intending 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 from just £65. Once you have these documents, you can apply for naturalization as a British citizen according to a normal 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 immediate 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 under the British Immigration Rules the age for 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, South Georgia and the South Sandwich Islands, the British Antarctic Territory, Saint Helena and its dependencies (Ascension and Tristan da Cunha), Montserrat, the British Virgin Islands, the Cayman Islands, Turks and Caicos Islands, Anguilla, the Pitcairn Group of Islands, and the Sovereign Base Areas in Cyprus.

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