Once a person has been granted British Citizenship, they are no longer considered to have settled status under the EU Settlement Scheme (EUSS). This often leads to the incorrect assumption that they are no longer able to sponsor eligible family members under the scheme, whether for an EUSS Family Permit or to apply for pre‑settled or settled status. In fact, this is not the case.

The Lounes route provides an important safeguard for naturalised British citizens who retain their EEA nationality. Under this route, such dual nationals may continue to sponsor certain family members under the EUSS, provided specific conditions are met.

These protections arise from the Court of Justice of the European Union’s 2017 Lounes judgment (C‑165/16).

Why is it important?

The Lounes route is important because the EUSS offers far more generous eligibility requirements and is substantially more affordable than making a standard family visa application under Appendix FM of the immigration rules.

EUSS applications are free, there is no Immigration Health Surcharge (IHS), a wider range of family members qualify, and applicants and sponsors do not need to meet any minimum income requirements.

Who can sponsor a relative under the Lounes Route?

To qualify as a relevant naturalised British citizen under the Lounes route, the sponsor must have been an EEA national before naturalising, must have exercised free movement rights in the UK before becoming British (such as working, studying or being self‑sufficient), must have kept their original EEA nationality after naturalisation, and the family relationship must have existed before 31 December 2020 (except in some circumstances such as adoption or child being born after this date). Their eligible family members may then apply under the EUSS.

Which family members can apply under the Lounes route?

A wide range of family members may qualify under the Lounes route, including spouses and civil partners, durable (unmarried) partners, children and adult dependent children, grandchildren and dependent grandchildren, dependent parents and grandparents, and in some cases extended dependent relatives.

Children and adult dependent children, grandchildren and dependent grandchildren of spouses or civil partners also qualify.

For most categories, the relationship must have existed before 31 December 2020, except in some circumstances such as adoption or child being born after this date.

How to make a Lounes application?

Applications for EUSS family permits for relatives to be permitted to enter the UK can be made using the relevant online form.

Applications for pre-settled or settled status under the EUSS relying on the Lounes route must be made using a specific paper form.

If successful, the applicant will be granted either pre‑settled status (if they have less than five years of residence) or settled status (if they meet the five‑year residence requirement).

The Lounes route is complicated as it involves the UK immigration rules, the UK/EU Withdrawal Agreement, EEA Regulations and Home Office guidance, so getting professional advice is essential for anyone who thinks they or their relatives might be eligible.  

Contact us using the link or contact details below for expert advice and representation.