My Lords, I will aim to speak to all 11 amendments in my name, given that they touch on the same issue of requirements for citizenship applications. In doing so, I particularly thank the noble Baroness, Lady Ludford, both for raising this issue in previous debates and her willingness to meet me, along with the noble Lord, Lord Paddick, to explain more fully her concerns. The noble Baroness has retabled her previous amendment on this subject, and I will set out how measures that we are proposing will, I hope, address her concerns.
As noble Lords will know, the British Nationality Act 1981 set out the requirements for persons wishing to become British citizens based on a period of residence in the UK, be that through naturalisation under Section 6(1) or Section 6(2), or registration under Section 4(2). All three of those application routes have a number of residential requirements designed to demonstrate sufficient ties to this country. One is commonly referred to as “lawful residence”—essentially requiring that the applicant was not in breach of the immigration laws during the requisite residential period prior to the application.
For the majority of applicants this requirement causes no issues. However, as highlighted previously by the noble Baroness, it can lead to frustration for some people. While not restricted solely to those who hold indefinite leave to remain—also known as settled status—under the EU settlement scheme, this group serves well to highlight the problem. In particular, those individuals who had previously been resident here as students or self-sufficient persons were required to hold comprehensive sickness insurance under the EEA regulations. That they had not done so did not preclude their being granted indefinite leave to remain under the EU settlement scheme.
Many of that group understandably wish to progress to become British citizens. However, because they did not hold comprehensive sickness insurance, they technically were in breach of the immigration laws during their previous residence and fall to be refused in any application to become a British citizen. While the British Nationality Act allows for discretion around the lawful residence assessment, this can be applied only in the special circumstances of a particular case. Inevitably, that creates uncertainty for the applicant and may necessitate additional evidence to be supplied to justify the use of discretion.
The main thrust of these amendments is to resolve that impasse. Although not removing the lawful residence requirement itself, we aim to provide the Secretary of State with a much broader power to not even inquire into lawful residence for those who hold indefinite leave to remain. This is based on the simple fact that, for the vast majority of such individuals, any concerns about their immigration history will have been considered and addressed prior to any grant of indefinite leave. In other words, the immigration system, and reforms made since 1981, already demonstrate fulfilment of that requirement.
The amendments do not create an obligation to follow such an approach, but it is expected that it will be in only an exceptional case that we would not want to do so. An example of that might be where adverse information comes to light after indefinite leave has been granted and serves to cast doubt on the wisdom of that decision, but I stress that that would be an exception. The vast majority of people, to whom this does not apply—certainly those whom the noble Baroness has championed so ably—will be able to benefit from these changes.
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The amendments will provide the certainty that people ask for, end any potential confusion over differing requirements, reduce the evidence required to be supplied with an application, end the need to repeat inquiries already made in earlier applications, and aid the processing of cases fairly and sensibly. Additionally, the approach will apply to all applicants, not just those with EU settlement scheme indefinite leave, and demonstrates our commitment to creating a modern and simple nationality system to reflect our customer base. The change will bring such people into the warm embrace of citizenship.
I reassure noble Lords that these amendments operate only in the area of lawful residence and, by definition, an individual’s personal immigration history. More serious matters, such as criminality, will not be affected and will still be assessed. Equally, requirements around having been here without excess absences will also need to be met. Should the amendments be adopted, we will, of course, update both the guidance and the application forms to ensure that the benefits can be understood and delivered. This will include references to personal immigration history within the good character guidance.
In addition to changes to how British citizenship may be considered, the amendments also make parallel changes to how naturalisation applications for British Overseas Territories citizenship under Section 18(1) and (2) of the British Nationality Act may be assessed. Those familiar with the Act will be aware that the requirements largely mirror those for naturalisation as a British citizen, with minor differences to reflect the territories within which residence may occur.
I draw noble Lords’ attention to the fact that we do not intend to commence the British Overseas Territories changes at the same pace as those for British citizenship. This is due to the late introduction of the amendments and a lack of opportunity to discuss them in more depth with our overseas territories, and is partly a recognition of the workload that the overseas territories
might already face with the changes we have proposed to address historical discrimination matters. But if the early clauses of this Bill have shown us anything it is that we should take the opportunity to legislate when we can and not create another disparity just as we are removing others. We would rather have the powers and not need them immediately than not have them at all. At a slower pace, and with the benefit of being able to see how the amendment has worked for British citizenship, we can look at commencement for those overseas territories that believe it would be of benefit.
On the noble Baroness’s Amendment 23, consistent with the citizens’ rights agreements and the relevant EU case law, a so-called Lounes dual EEA/British national can currently sponsor relevant family members under the EU settlement scheme where that dual national was living in the UK in accordance with free movement law—including any requirement for CSI—before they also acquired British citizenship. However, as I was pleased to confirm to the noble Baroness in Committee, the Government have decided that, as a matter of fairness, they will amend the Immigration Rules for the EU settlement scheme and the EUSS family permit as soon as possible to disapply the requirement for a Lounes dual national to have held CSI in order to sponsor applications by relevant family members. This will mean that such family members will, in practice, be treated in the same way as an EEA national or their family member in applying to the EU settlement scheme or for an EUSS family permit. Their eligibility will not be affected by any past lack of CSI on the part of their sponsor.
I have explained to the noble Baroness that we do not want to treat EEA nationals differently from other nationals who are required to meet the same requirements for naturalisation in terms of lawful residence. The government amendment we have tabled on lawful residence will benefit EEA nationals and their family members, as well as others who have acquired indefinite leave to remain in the UK, as previous residence will not be reassessed. For the reasons I have set out, I imagine the noble Baroness will be pleased and happy not to press her amendment.