Frequently Asked Questions - Citizenship
We have identified over 650 questions and answers concerning many of the topics featured on this site. The information is categorised and can be reached by navigating via the entries below.
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What will independence mean for citizenship in Scotland?
Our proposal is that on day one of independence, all British citizens who live in Scotland and all British citizens born in Scotland but residing elsewhere would automatically be considered Scottish citizens. Others may be able to apply for citizenship following independence through routes such as citizenship by descent or by naturalisation.
Under these proposals Scotland would not create a barrier to individuals holding Scottish citizenship alongside British or any other citizenship.
Source: Scotland's Future, Scottish Government, November 2013.
What would being a Scottish citizen mean and how would I prove that I am a Scottish citizen? Would there be a registration process?
As outlined above, all British citizens who are habitually resident in Scotland at the date of independence and all British citizens born in Scotland but resident elsewhere would automatically be considered a Scottish citizen. There would be no registration required and there are no plans to have a Scottish ID card.
We intend that the rights and responsibilities which accompany Scottish citizenship will be broadly in line with those currently aligned with British citizenship. However, there is no written record of what rights and responsibilities are associated with British citizenship. We would support the inclusion of the rights and responsibilities of Scottish citizens in the permanent written constitution of an independent Scotland. Those rights and responsibilities will reflect the European Convention of Human Rights.
Source: Scotland's Future, Scottish Government, November 2013.
What different routes to citizenship will exist under the Scottish Government’s proposals and who will qualify for these?
| Current Status | Scottish Citizenship? |
At the date of independence |
|
|
British citizen habitually resident in Scotland on day one of independence |
Yes, automatically a Scottish citizen |
|
British citizens born in Scotland but living outside of Scotland on day one of independence |
Yes, automatically a Scottish citizen |
After the date of independence |
|
|
Child born in Scotland to at least one parent who has Scottish citizenship or indefinite leave to remain at the time of their birth |
Yes. Automatically a Scottish citizen |
|
Child born outside Scotland to at least one parent who has Scottish citizenship |
Yes. Automatically a Scottish citizen (the birth must be registered in Scotland to take effect) |
|
British national living outside Scotland with at least one parent who qualifies for Scottish citizenship |
Can register as a Scottish citizen (will need to provide evidence to substantiate) |
|
Citizens of any country, who have a parent or grandparent who qualifies for Scottish citizenship |
Can register as a Scottish citizen (will need to provide evidence to substantiate) |
|
Migrants in Scotland legally |
May apply for naturalisation as a Scottish citizen (subject to meeting good character, residency and any other requirements set out under Scottish immigration law) |
|
Citizens of any country who have spent at least 10 years living in Scotland at any time and have an ongoing connection with Scotland |
May apply for naturalisation as a Scottish citizen (subject to meeting good character and other requirements set out under Scottish immigration law) |
Source: Scotland's Future, Scottish Government, November 2013.
Must I be a Scottish citizen?Can I opt out of Scottish citizenship and retain my British citizenship?
Our proposals will allow people to opt out of Scottish citizenship. However, under international law, when setting nationality rules a country has a duty to avoid making people stateless. Therefore, those people who would automatically be considered a Scottish citizen will only be able to opt out if they already hold citizenship of another nation.
British nationality rules will be a matter for the rest of the UK. Should you qualify for British citizenship under the rest of the UK’s rules post-independence then you will be able to opt out of Scottish citizenship or hold dual citizenship. Information on how to opt out will be made available before independence. We aim to keep the process simple yet robust.
Source: Scotland's Future, Scottish Government, November 2013.
Can I have both Scottish and British citizenship?
Our proposals for citizenship in an independent Scotland are based upon an inclusive model and will include dual citizenship, recognising our shared history with the UK. We will not place obstacles in the way of individuals holding Scottish citizenship alongside British or any other citizenship.
The UK allows dual or multiple citizenship for British citizens. If a British citizen acquires citizenship and a passport of another country, this does not affect their British citizenship, right to hold a British passport or right to live in the UK. It will be for the rest of the UK to decide whether it allows dual UK/Scottish citizenship, but if Westminster decided that Scottish citizens could not also be UK citizens it would be inconsistent with its approach to every other country.
Source: Scotland's Future, Scottish Government, November 2013.
As a Scottish citizen could I still visit or live in the rest of the UK easily?
Yes. Scottish citizens will be EU citizens and as such would have the right to live and work anywhere in the EU, including the rest of the UK.
Source: Scotland's Future, Scottish Government, November 2013.
Would Scotland’s rules be different from British citizenship rules?
They will be broadly similar to existing British rules and will be based on residence and parentage.
Source: Scotland's Future, Scottish Government, November 2013.
Who would qualify for citizenship by descent?
Citizenship by descent will be open to those whose parent or grandparent was born in Scotland and qualifies, or would have qualified if living, for Scottish citizenship.
There will be a registration process for citizenship by descent and those who wish to register would have to prove their family connection with relevant documentation. Those who successfully claim citizenship by descent will have the same rights and responsibilities as other Scottish citizens, including the right to live and work in Scotland.
Source: Scotland's Future, Scottish Government, November 2013.
