Applications for British citizenship must be made to the U.K. Border Agency. However the UK Government currently charge a fee of £1,012 for registration, which puts citizenship out of reach for many. It provides answers for those wondering, in amongst all the political wrangling, how do I become a Scottish citizen? Whenever major changes happen, this brings opportunities as well. A Scottish passport would also be attainable for many people. More than 30 million U.S. citizens are of Irish descent, and Americans with at least one parent that is an Irish citizen at the time of their birth are automatically considered Irish citizens. However this is not the current proposal. Many of the factors noted above – such as nationality, conditions of stay, and linguistic knowledge – would have no application in the English/Scottish context. Especially during this difficult period of the Pandemic, with her working from home and difficulties with the Home Office procedures, Amna guided us through the entire process and her assistance and advice was invaluable to an expedient application process. His free daily e-letter Notes from the Field is about using the experiences from his life and travels to help you achieve more freedom, make more money, keep more of it, and protect it all from bankrupt governments. You can also apply for a UK passport . The following people will be entitled to automatic citizenship: The following people will be able to apply for registration or naturalisation as citizens: All of this is highly speculative. McGill & Co is the trading name of G M McGill & Co. Ltd ( SC503508 ) registered office at Edinburgh. The greater the pain, the greater the desire to shake things up. We know more now, in relation to the issues of birth, descent and residence, but there are still many gaps which need to be filled in. Fin… This will include British citizens who hold dual citizenship with another country. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. Wallace was severely tortured after being convicted of high treason against King Edward I; he was dragged by horses, hung nearly to the point of death, revived, relieved of his manhood, ritualistically disemboweled, made to watch his entrails set ablaze… then finally beheaded. All Rights Reserved. Are you free? Yet the investment in the Darien Scheme (as it was known) amounted to up to half of Scotland’s total money supply. And he died for his cause. Suddenly the jobs are less plentiful, the taxes are higher, the standard of living is lower, and the costs are greater. There had already been a push to reunify with England for some time. No visa is currently required and you have the right to live and work in Scotland and the rest of the UK. © 2020 Blacksmith Global Ltd. – All rights reserved, Protect my Assets and Increase my Freedom, How to increase your freedom and prosperity, How To Open The BEST Offshore Bank Account [In 2020], Second Passport: Four Passports ANYONE Can Obtain, Tell this to the next idiot who thinks you’re "unpatriotic", Thirteen years ago my life changed forever, This virtually guarantees that your taxes are going through the roof. Today Scotland again finds itself debating the question of its independence, fueled once more by economics. For example, a newly independent Scotland would create its own tax and corporate laws, potentially providing a number of major incentives to attract foreign talent and productive companies. McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law. Following independence, other people will be able to apply for Scottish citizenship. Determining a person’s habitual residence requires a detailed examination of their overall circumstances. Under current law a child born in the UK, who has lived here for the first 10 years of his or her life, can register as a British citizen. From 1983 Next : Born in the UK or a British colony before 1 January 1983 Coming to Scotland is straight forward if you’re British or from one of our European Economic Area (EEA) neighbours. Presuming the independence movement wins, Scottish citizens will be able to apply for a Scottish passport from day one of independence. In France, Spain, Italy, Greece, etc., people are fed up with the current state of affairs, and they are agitating to split off from their current political leadership. ‘An independent Scotland will have an inclusive approach to citizenship’. Though Mel Gibson’s highly fictionalized account was one of the most historically inaccurate movies in modern cinema, Wallace did, in fact, lead Scottish rebels against English invaders. Under the Irish Nationality and Citizenship Act 1956, if a child who is not an Irish citizen is adopted by an Irish citizen or a couple where either spouse is an Irish citizen, then the adopted child shall be an Irish citizen.. Copyright © McGill & Co 2020. Legal tax reduction tactics that everyone should be taking advantage of, How to find companies selling for less than their bank balances. Since 1915, British nationality law has generally restricted the transmission of British citizenship beyond the first generation born overseas. For example, if you were born before 1 January 1983 to a British mother you … To that end, in particular the duration, regularity, conditions and reasons for the stay on the territory of a member state and the family’s move to that state, the child’s nationality, the place and conditions of attendance at school, linguistic knowledge and the family and social relationships of the child in that state must be taken into consideration.” – Proceedings Brought by A (CJEU Case C-523/07). Guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus. For example, I was able to claim citizenship in the Czech Republic … People will be able to continue using their existing UK passport until it expires. And people demand change. You could be forgiven for assuming that child would be automatically Scottish by descent on independence day. There are, however, several other ways in which you may be deemed a British citizen by descent, in particular, by registration. Those born outside Scotland to at least one parent who has Scottish citizenship – this appears to be modelled on the Irish system, allowing citizenship by descent where an overseas birth is registered in Scotland. Some such births were registered in the Foreign Births Register; but none of the territories were ‘foreign’; and, therefore, some British and Commonwealth citizens, born outside Scotland but of Scottish descent, may be Scottish subjects ‘by birth’. NASA-funded study: Over 32 advanced civilizations have collapsed before us, and we're next in line. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. Nearly nine out of ten Scots (87%) think that being born in Scotland makes a person Scottish, whilst having two Scottish parents makes a person Scottish as far as 71% of Scots are concerned. It has been the She runs the travel blog Independent Travel Cats and shares her adventures from all around the world! British citizenship by descent "British citizenship by descent" is the category for children born outside the UK or an Overseas Territory to a British citizen. You can find out the most up to date information on the Gov.uk website. Nowadays applications for Irish citizenship is greater than ever. There are likely to be borderline cases which give rise to difficulty such as: people who claim to have retained their Scottish habitual residence despite periods living elsewhere; and people who live near the border and have connections to both Scotland and England. Independence may be achieved, but the 2013 proposals outlined above ditched in favour of a completely different system. Sometimes by a Scottish born Brit, resident in England, who is seeking reassurance following a flurry of headlines suggesting a second referendum on Scottish independence is imminent. Thanks to friendly government policies, getting an Irish passport by descent is a relatively straightforward process. Those born in Scotland to at least one parent who has Scottish citizenship or indefinite leave to remain – this mirrors current British nationality law; Those born outside Scotland to at least one parent who has Scottish citizenship – this appears to be modelled on the Irish system, allowing citizenship by descent where an overseas birth is registered in Scotland. Rules for acquiring British citizenship by descent depend on when the person was born. Those who would qualify automatically for Scottish citizenship and passports are British citizens who on the date of independence are "habitually resident" in Scotland or were born in Scotland … This comes as no surprise when the Irish are loved across the globe. Here’s what I told them-, What Bitcoin is and how it is revolutionizing the financial system, “There’s never been a change this big, nor so many people unprepared.”, Meet the selfish tycoon who dodged billions in taxes, Obtaining a foreign residency is a no-brainer, especially if you have a family, If the US government were a private company, Barack Obama would be wearing an orange jumpsuit, How to stay optimistic even as terrorists “threaten our existence", How to get a Permanent Residency, Passport and Citizenship in Panama in 2021, Federal Reserve’s “net worth” collapses 33% in two weeks, Here’s how Shakespeare structured his assets to minimize taxes (brilliant! Anyone who’s ever seen the movie Braveheart has heard of William Wallace, one of the original heroes of Scottish independence. Here is what freedom really means... My partner found $57 million in a random corner of Asia, Robert Kiyosaki invited me to speak to 2,500 people last night. Hopefully the Scottish Government would not impose any such barrier to registration. You will automatically acquire British citizenshipby descent if you were born outside the UK on or after 1 January 1983 and one or both your parents are British citizens otherwise than by descent. citizenship legislation came into effect), is not clear. Earlier this month I examined the legal arguments for, and against, the Scottish Parliament passing legislation for a second independence referendum, without Westminster’s consent, on the UK Constitutional Law Blog. Photo credit: https://commons.wikimedia.org/wiki/File:Scottish_Flag_-_detail.JPG, Download our free guides which cover a number of key areas of immigration law, Guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronaviru… https://t.co/YjwvZ4D9DEabout 8 hours ago, Congratulations to our James Ritchie https://t.co/4t9RnOafe2about 4 days ago, Happy New Year: Citizens Rights, Deadlines and Restrictions https://t.co/gPKM2Z5JOw https://t.co/rZ2UbMSnjOabout 4 days ago, 2nd Floor 8 Elmbank Gardens Glasgow G2 4NQ Tel: 0141 248 6552, 34 Lochrin Buildings Edinburgh Midlothian EH3 9ND Tel: 0131 228 2083. How does Scottish Citizenship by descent work if Scotland ... the option to apply for registration as a Scottish citizen would have applied to people born outside of Scotland with a parent or grandparent born in Scotland and holding British citizenship at the time of independence. Scotland may remain part of the UK, despite the Scottish Government’s best efforts. Got Grandparents? However, this is in stark contrast to the days of the Irish famine where the Irish weren’t too fondly thought of. If you’re a British citizen you can live and work in the UK free of any immigration controls. A country of scenic landscapes and rich traditions, Ireland may be best known for its craic, or good times. And it’s happening across the world. Children born outside of Scotland before independence day will be required to register as Scottish citizens. Please let us know the nature of your enquiry, https://commons.wikimedia.org/wiki/File:Scottish_Flag_-_detail.JPG. However with renewed calls for a second independence referendum, it is no longer unrealistic to be thinking about Scottish, as opposed to British, citizenship. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. British nationality law currently recognises a right to register in a variety of circumstances. Some basic guidance has already been issued: British citizens living in Scotland on day one of independence, plus Scottish-born British citizens living outside Scotland, would be automatically considered Scottish citizens. Scottish born British citizens currently living outside of Scotland will also be considered Scottish citizens. Only when the prosperity begins to collapse do people have a strong motivation to change the status quo. Steve Jobs held billions of dollars offshore. In a desperate attempt to become (almost overnight) a major world trading power in the 17th century, the government of Scotland backed a comically ill-fated attempt to colonize Panama. And from the looks of things, the independence movement has a very strong chance of winning. We have recently completed the 2.5 year FLR spouse visa renewal process with Amna Ashraf of McGill and Co, and were very impressed with her professionalism, knowledge and support through the process. The Scottish government has already outlined the hypothetical requirements. It’s easy to point to a number of different causes of rebellion, revolution, and dissent. Those who have a demonstrable connection to Scotland and have spent at least ten years living here at some stage, whether as a child or an adult, will also have the opportunity to apply for citizenship. After independence it is suggested there will be 6 ways to become a Scottish citizen. But ultimately it’s economics that matter more than anything else. No one has an incentive to change the system when it’s working so well. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. In the White Paper entitled Scotland’s Future, published by the Scottish Government in November 2013 in anticipation of the last independence referendum, the following was said: “We plan that British citizens habitually resident in Scotland on independence will be considered Scottish citizens. Scotland’s Future sets out that Scotland will remain part of the Common Travel Area between the nations of the British Isles, which means that the Scots won’t need a passport to travel to the rest of the UK or Ireland. For example, citizenship by descent will be available to those who have a parent or grandparent who qualifies for Scottish citizenship. When times are good and everyone is prosperous, few people want to rock the boat. British nationals outside Scotland with at least one parent who qualifies for Scottish citizenship – this is designed to alleviate the effect of not conferring citizenship upon such people automatically on independence day and prevent discrimination between people born before independence day and those born after (and therefore automatically Scottish by virtue of point 2 above); Citizens of any country, who have a parent or grandparent who qualifies for Scottish citizenship – again this seems to be designed to prevent discrimination between people born before independence day and those born after; Migrants in Scotland legally, subject to meeting good character, residency and any other requirements set out under Scottish immigration law – broadly speaking this mirrors current British nationality law, however the devil will be in the detail (which is not currently known). Then there are those who miss out on automatic citizenship. When it went bust, Scotland was nearly broke. It is unclear if this requirement is to be maintained; Citizens of any country who have spent at least ten years living in Scotland at any time and have an ongoing connection with Scotland will also be able to apply for naturalisation – this is an entirely new category, with no current counterpart in British nationality law. Section 14(1) of the British Nationality Act 1981 provides an extensive definition of the term ‘British citizen by descent’. Happy New Year: Citizens Rights, Deadlines and Restrictions, Immigration Law Practitioners’ Association. After independence, children born in Scotland, and children born outside Scotland to at least one Scottish parent, will be automatically considered to be Scottish citizens. If you were born after 1 January 1983, you can claim citizenship if: Our survey finds that most Scots feel that being Scottish is a birthright. Sometimes by a person, understandably unfamiliar with the UK’s constitutional intricacies, who conflates the terms British/Scottish. It may be possible to discern a principled stance which sees generous offers made on the basis of both residence and descent, in both cases because Scotland can make a case for needing more citizens, whilst at the same time the same government tries to preserve the nestedness of Scotland and its citizenship within the wider framework of these islands by trying to push tolerance of dual citizenship … To apply for registration in the Foreign Births Register you will need to submit a completed and witnessed Foreign Birth's Registration form (available from your local Consulate) along with supporting original documentation outlined below. Those who wish to become Scottish citizens can only become British citizens. Only children born to Scottish parents after independence day will be automatically Scottish by decent. However this proposal appears to be more expansive as it does not require birth in Scotland. The answer to all of these groups of people has, until recently, been straightforward: there is no such thing as Scottish citizenship; Scotland is part of the UK. Citizenship by descent is when you acquire citizenship through family history. Presuming the independence movement wins, Scottish citizens will be able to apply for a Scottish passport from day one of independence. However the 2013 White Paper provides an instructive insight in to the Government’s direction of travel. Irish citizenship through adoption. Habitual residence, although a well-established legal concept, can be trickier. For example, citizenship by descent will be available to those who have a parent or grandparent who qualifies for Scottish citizenship. Lucky for you, working in Ireland means 20 mandatory vacation days by law and living in one of the friendliest countries in the world. Claim British citizenship by descent or birth Being born in the UK and by descent from a British parent are the most common ways to qualify for British nationality. There are three common situations that give rise to applications in this area. You must simply register yourself in the Foreign Birth Register and then apply. Mr. Iain Halliday from McGill & Co is very knowledgeable, thorough, a great communicator, and truly represents the best interests of his clients. Unsurprisingly, any British citizens born in Scotland will be automatic citizens of Scotland, regardless of whether they are currently living there. Scots Origins Carry out some free ancestry searches here, like Scottish records from 1700 to 1990, and … That said, the movement for Scottish independence lived on, and England folded in 1357, ending a 60-year war between the two nations. Here, I fast forward a bit, to look at what Scottish citizenship law might look like in the event of Scottish independence. If Iain takes your case you can be confident that he'll do everything needed to get you through this complicated process. Claiming British citizenship by double descent. In short, Scottish citizenship will be conferred automatically on all British citizens with a sufficient connection to Scotland. Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. This is likely to be a relatively straightforward process. British nationality law currently requires a migrant to be “settled” (i.e. Likewise, anyone who has lived in Scotland for at least 10 years at any point in their life and can show a ‘demonstrable connection’ to Scotland could apply for citizenship. Any children born after independence to a parent who is a citizen of Scotland … Here's a better solution. Simon Black is an international investor, entrepreneur, and founder of Sovereign Man. EH1 3YY. Sometimes by a person asking about Scottish ancestry. 3 things you can do while the financial system is breaking down at an unimaginable pace, This financial bubble is 8 times bigger than the 2008 subprime crisis, Why it’s essential you keep a portion of your savings in physical cash, This trend tells you everything you need to know about America’s future, Here’s why (and how) the government will ‘borrow’ your retirement savings, The US government is about to lose its #1 lender, Four more mega-banks join the anti-dollar alliance. If you want to register your presence in Scotland more formally, you can apply for an EEA residence card, or even for permanent residence. Sometimes by a British national resident in England, perturbed by recent political events, who is making plans to relocate. These are exciting times and this once again illustrates that there are opportunities hidden within every crisis. In the context of children, habitual residence has been defined as: “…the place which reflects some degree of integration by the child in a social and family environment. Citizenship by descent is not automatic and must be acquired through an application. British citizenship can be obtained if you were born in the U.K., you are the child of a person with British citizenship or you apply to be a naturalized citizen. In Europe, separatist and extreme parties are gaining ground on the heels of an economic depression that has besieged the continent for several years now. So there is no reason for foreign nationals to delay applying for British citizenship on the basis that they would prefer to hold out for citizenship of an independent Scotland. Let’s assume a Scottish born British couple, currently resident in England for work, have a child. Do you plan to 'stay and fight'? Guest blogger Jessica Norah moved to Scotland to live with her British partner Laurence. The rules are likely to be the same as those proposed before the 2014 independence referendum: a) If you are a British citizen habitually resident in Scotland on independence day, you automatically become a Scottish citizen. Thank you, Iain! Scotland will also allow dual citizenship, so no one would have to renounce his/her existing citizenship. Many of the big tech and pharma companies in the world have their European headquarters in Ireland because of the low tax rates and skilled workforce. This will include those who are British through naturalisation (rather than through birth). Do not entirely agree with this Scottish government has already outlined the hypothetical requirements short, Scottish citizens process! Or parent, through a system of citizenship by descent on independence will. Blog independent travel Cats and shares her adventures from all around the world who British! Of £1,012 for registration, which puts citizenship out of reach for many for citizenship. 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