We are regularly asked about acquisition of Scottish citizenship. Since 1915, British nationality law has generally restricted the transmission of British citizenship beyond the first generation born overseas. A person who has a parent or grandparent eligible for Scottish citizenship, will be able to register as a Scottish citizen by descent. Was he ‘unpatriotic’ ? Simon Black is an international investor, entrepreneur, and founder of Sovereign Man. ‘An independent Scotland will have an inclusive approach to citizenship’. Happy New Year: Citizens Rights, Deadlines and Restrictions, Immigration Law Practitioners’ Association. Data Protection Registration number: ZA215411 Any reference to the Partners should be read as Directors. ), 50 years of data prove Value Investing to be the most profitable investment strategy, 9 signs that 2016 looks ominously like 2008 just before the crisis, Puerto Rico Act 20 & 22: Guide & Personal Experience. 2 Residency Requirement There are various ways to apply, and the length of time, cost and amount of paperwork required will depend on your circumstances and current country of residence. Claiming British Citizenship by descent (grandparent) – also known as British Citizenship by double descent – is based on at least one of your grandparents being British. However this is not the current proposal. This will include British citizens who hold dual citizenship with another country. 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. Fin… Coming to Scotland is straight forward if you’re British or from one of our European Economic Area (EEA) neighbours. 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. In this guide Jessica explains why and how she moved from America to Scotland, goes through the spousal visa process and shares a few experiences from living in Scotland for the past two years! It failed miserably. Nowadays applications for Irish citizenship is greater than ever. Presuming the independence movement wins, Scottish citizens will be able to apply for a Scottish passport from day one of independence. I would definitely recommend to anyone looking for good lawyers. 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’. If Iain takes your case you can be confident that he'll do everything needed to get you through this complicated process. And he died for his cause. Possessing Irish citizenship is a pretty strong hand of cards to hold. When times are good and everyone is prosperous, few people want to rock the boat. 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. However the UK Government currently charge a fee of £1,012 for registration, which puts citizenship out of reach for many. You can find out the most up to date information on the Gov.uk website. McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law. Do you plan to 'stay and fight'? Scotland will also allow dual citizenship, so no one would have to renounce his/her existing citizenship. People … 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. Our survey finds that most Scots feel that being Scottish is a birthright. However with renewed calls for a second independence referendum, it is no longer unrealistic to be thinking about Scottish, as opposed to British, citizenship. Guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus. Born after 1 January 1983 (18 and over) An adult born outside of the UK after 1 January 1983 with a UK-born grandparent may have a claim to British citizenship by descent if: They had a UK-born grandfather who was in Crown service at the time of the relevant parent’s birth Steve Jobs held billions of dollars offshore. 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. If you’re a British citizen you can live and work in the UK free of any immigration controls. 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It will also be available to anyone with a Scottish grandparent or parent, through a system of citizenship by descent. NASA-funded study: Over 32 advanced civilizations have collapsed before us, and we're next in line. © 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. This Scottish connection can be established through: Proving birth in Scotland will be relatively easy; it can be evidenced by a birth certificate. 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. Determining a person’s habitual residence requires a detailed examination of their overall circumstances. 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). The Scottish government has already outlined the hypothetical requirements. 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. 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. Here's a better solution. For example, I was able to claim citizenship in the Czech Republic … Many of the factors noted above – such as nationality, conditions of stay, and linguistic knowledge – would have no application in the English/Scottish context. 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. A country of scenic landscapes and rich traditions, Ireland may be best known for its craic, or good times. 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. Habitual residence, although a well-established legal concept, can be trickier. Copyright © McGill & Co 2020. Lucky for you, working in Ireland means 20 mandatory vacation days by law and living in one of the friendliest countries in the world. Unsurprisingly, any British citizens born in Scotland will be automatic citizens of Scotland, regardless of whether they are currently living there. All Rights Reserved. Citizenship by Descent – If you have a parent, grandparent, and in some cases, a great grandparent who was a citizen of a European country and you meet certain conditions you can become a citizen of that country. Guest blogger Jessica Norah moved to Scotland to live with her British partner Laurence. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. Besides being an outstanding professional, he has a very nice personality and it's simply a pleasure to work with him. Thank you, Iain! They can then choose to get a Scottish passport when their existing passport is due for renewal. Likewise, Scottish voters are going to the polls in just over a week to decide if they should break away from the UK. EH1 3YY. Mr. Iain Halliday from McGill & Co is very knowledgeable, thorough, a great communicator, and truly represents the best interests of his clients. Suddenly the jobs are less plentiful, the taxes are higher, the standard of living is lower, and the costs are greater. Naturalization can be obtained by persons 18 and older through military service, legal immigration and marriage. A Scottish passport would also be attainable for many people. 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. And people demand change. British nationality law currently requires a migrant to be “settled” (i.e. Sometimes by a person, understandably unfamiliar with the UK’s constitutional intricacies, who conflates the terms British/Scottish. 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. It has been the 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). For the next 350 years Scotland remained an independent state until… go figure… a financial crisis. For example, citizenship by descent will be available to those who have a parent or grandparent who qualifies for Scottish citizenship. Applications for British citizenship must be made to the U.K. Border Agency. Following independence, other people will be able to apply for Scottish citizenship. You could be forgiven for assuming that child would be automatically Scottish by descent on independence day. 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