Many of the factors noted above – such as nationality, conditions of stay, and linguistic knowledge – would have no application in the English/Scottish context. Thanks to friendly government policies, getting an Irish passport by descent is a relatively straightforward process. ‘An independent Scotland will have an inclusive approach to citizenship’. From 1983 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. Only children born to Scottish parents after independence day will be automatically Scottish by decent. Yet the investment in the Darien Scheme (as it was known) amounted to up to half of Scotland’s total money supply. Hopefully the Scottish Government would not impose any such barrier to registration. Thank you, Iain! You can also apply for a UK passport . Habitual residence, although a well-established legal concept, can be trickier. I would definitely recommend to anyone looking for good lawyers. 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.. Exactly how depends on your own circumstances. No one has an incentive to change the system when it’s working so well. The Scottish public do not entirely agree with this. If Iain takes your case you can be confident that he'll do everything needed to get you through this complicated process. For example, if you were born before 1 January 1983 to a British mother you … There are three common situations that give rise to applications in this area. It failed miserably. This is likely to be a relatively straightforward process. Do you plan to 'stay and fight'? There are, however, several other ways in which you may be deemed a British citizen by descent, in particular, by registration. Claiming citizenship by double descent means you are claiming citizenship as a result of a UK-born grandparent. A Scottish passport would also be attainable for many people. 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. And from the looks of things, the independence movement has a very strong chance of winning. 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 … 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. A person who has a parent or grandparent eligible for Scottish citizenship, will be able to register as a Scottish citizen by descent. 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. Guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus. British nationality law currently requires a migrant to be “settled” (i.e. Nowadays applications for Irish citizenship is greater than ever. 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). EH1 3YY. Naturalization can be obtained by persons 18 and older through military service, legal immigration and marriage. You must simply register yourself in the Foreign Birth Register and then apply. Possessing Irish citizenship is a pretty strong hand of cards to hold. Only when the prosperity begins to collapse do people have a strong motivation to change the status quo. 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. And with the country’s economy in shambles, unification seemed like a good move. When times are good and everyone is prosperous, few people want to rock the boat. The criteria for claiming this citizenship depends on when you were born as the new legislation was passed in 1983. And he died for his cause. Scotland will also allow dual citizenship, so no one would have to renounce his/her existing citizenship. So says the White Paper, and so said other earlier documents.That much we already knew. However this is not the current proposal. This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. There are more than fourteen million Irish passports in circulation, despite Ireland’s population of barely four million people. 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. That said, the movement for Scottish independence lived on, and England folded in 1357, ending a 60-year war between the two nations. Today Scotland again finds itself debating the question of its independence, fueled once more by economics. Double descent will require you to meet certain guidelines depending on when you and your grandparents were born. You can also ensure eligibility for your future child… This is less restrictive than current British nationality law, which allows citizenship by decent to pass down only one generation. Here's a better solution. © 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. Besides being an outstanding professional, he has a very nice personality and it's simply a pleasure to work with him. For example, citizenship by descent will be available to those who have a parent or grandparent who qualifies for Scottish citizenship. We can advise on British citizenship eligibility, but on the concept of Scottish citizenship, there is nothing to be said. 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. McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law. 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. After independence it is suggested there will be 6 ways to become a Scottish citizen. 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. NASA-funded study: Over 32 advanced civilizations have collapsed before us, and we're next in line. 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. This will include British citizens who hold dual citizenship with another country. Suddenly the jobs are less plentiful, the taxes are higher, the standard of living is lower, and the costs are greater. Then there are those who miss out on automatic citizenship. A person who has a parent or grandparent eligible for Scottish citizenship, will be able to register as a Scottish citizen by descent. 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’. It provides answers for those wondering, in amongst all the political wrangling, how do I become a Scottish citizen? 2 Residency Requirement Unsurprisingly, any British citizens born in Scotland will be automatic citizens of Scotland, regardless of whether they are currently living there. You can find out the most up to date information on the Gov.uk website. Sometimes by a person, understandably unfamiliar with the UK’s constitutional intricacies, who conflates the terms British/Scottish. 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. Scottish born British citizens currently living outside of Scotland will also be considered Scottish citizens.”. 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. For example, citizenship by descent will be available to those who have a parent or grandparent who qualifies for Scottish citizenship. Data Protection Registration number: ZA215411 Any reference to the Partners should be read as Directors. citizenship legislation came into effect), is not clear. 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. Those who wish to become Scottish citizens can only become British citizens. She runs the travel blog Independent Travel Cats and shares her adventures from all around the world! These are exciting times and this once again illustrates that there are opportunities hidden within every crisis. 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. 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. And it’s happening across the world. Determining a person’s habitual residence requires a detailed examination of their overall circumstances. Sometimes by a person asking about Scottish ancestry. Records for Scottish births, marriages and deaths held at New Register House, West Register Street, Edinburgh. 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. 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. 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! Here, I fast forward a bit, to look at what Scottish citizenship law might look like in the event of Scottish independence. Please let us know the nature of your enquiry, https://commons.wikimedia.org/wiki/File:Scottish_Flag_-_detail.JPG. 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. Independence may be achieved, but the 2013 proposals outlined above ditched in favour of a completely different system. However the UK Government currently charge a fee of £1,012 for registration, which puts citizenship out of reach for many. 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. In short, Scottish citizenship will be conferred automatically on all British citizens with a sufficient connection to Scotland. Tel: 0131 334 0380 . 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 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. ), 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. Citizenship by descent is when you acquire citizenship through family history. We are regularly asked about acquisition of Scottish citizenship. The greater the pain, the greater the desire to shake things up. Presuming the independence movement wins, Scottish citizens will be able to apply for a Scottish passport from day one of independence. Scotland will also allow dual citizenship, so no one would have to renounce his/her existing citizenship. However, this is in stark contrast to the days of the Irish famine where the Irish weren’t too fondly thought of. For the next 350 years Scotland remained an independent state until… go figure… a financial crisis. 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. Coming to Scotland is straight forward if you’re British or from one of our European Economic Area (EEA) neighbours. 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. Applications for British citizenship must be made to the U.K. Border Agency. You could be forgiven for assuming that child would be automatically Scottish by descent on independence day. Guest blogger Jessica Norah moved to Scotland to live with her British partner Laurence. We’ll be carefully following the results of this event and will have more details for our premium members as things unfold. Copyright © McGill & Co 2020. 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. People with Scottish descent (a parent or grandparent who qualifies for Scottish citizenship) would be able to apply for Scottish citizenship. No visa is currently required and you have the right to live and work in Scotland and the rest of the UK. A country of scenic landscapes and rich traditions, Ireland may be best known for its craic, or good times. However this proposal appears to be more expansive as it does not require birth in Scotland. Lucky for you, working in Ireland means 20 mandatory vacation days by law and living in one of the friendliest countries in the world. Let’s assume a Scottish born British couple, currently resident in England for work, have a child. If you’re a British citizen you can live and work in the UK free of any immigration controls. This comes as no surprise when the Irish are loved across the globe. 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. 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. For example, I was able to claim citizenship in the Czech Republic … 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. Get Citizenship By Descent in these 8 places People will be able to continue using their existing UK passport until it expires. However with renewed calls for a second independence referendum, it is no longer unrealistic to be thinking about Scottish, as opposed to British, citizenship. 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. The Scottish government has already outlined the hypothetical requirements. Got Grandparents? Happy New Year: Citizens Rights, Deadlines and Restrictions, Immigration Law Practitioners’ Association. 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. 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 … Claiming British citizenship by double descent. And people demand change. 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. If you were born after 1 January 1983, you can claim citizenship if: British nationality law currently recognises a right to register in a variety of circumstances. Simon Black is an international investor, entrepreneur, and founder of Sovereign Man. 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. 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. Scottish born British citizens currently living outside of Scotland will also be considered Scottish citizens. Legal tax reduction tactics that everyone should be taking advantage of, How to find companies selling for less than their bank balances. Presuming the independence movement wins, Scottish citizens will be able to apply for a Scottish passport from day one of independence. Whenever major changes happen, this brings opportunities as well. 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. This will include those who are British through naturalisation (rather than through birth). 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. By double descent will be able to register as a result of completely. Then apply however this proposal appears to be more expansive as it does not require birth in will. Register and then apply migrant to be a relatively straightforward process legislation came into effect,! 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