Scottish Expat Nationality

[jomifl]

How will this be determined if the Scots go for independance? it looks like a can of worms to me.

[heathfield]

Simples. Your birth certificate shows place of birth. If it 's Scotland, you're Scottish. QED

[2sp_]

I wonder if Scots living in the rest of the UK will be able to apply for citizenship in their country of residence if they don't want to remain Scottish?

[andres]

Will they still get to vote if they live and work in England?

[BlueToffee]

And presumably apply for a new passport, now that's going to be costly for the new Scotland.

[jomifl]

Heathfield, If they were born in the UK they are British, they can't be retrospectively Scottish as legislation does not apply retrospectively. Maybe they can choose, but what about Scots living in England or English living in Scotand.

[KARL]

Heathfield is correct insofar as origin is concerned but nationality is a politico-legal concept. Any new country decides its rules regarding the right to nationality and an independent Scotland will do the same. The UK has rules based on not only where one is born but also the nationality of the parents. Anyone born outside the UK to non-UK citizens has to apply for UK citizenship (if he/she wishes) and then a different set of rules come into play. Anyone with UK citizenship but living outside the UK is a UK expatriate and a non-UK citizen living in the UK is an expatriate from his/her country. A Scottish citizen (after independence) living in the UK (i.e. outside Scotland) will thus be a Scottish expatriate and a UK citizen will be an expatriate in Scotland. How the rules regarding the rights to Scottish citizenship after independence will treat current UK citizens with Scottish connections remains to be seen. Clearly, at a minimum those of them living in and with a history of residing in Scotland will have an automatic right to citizenship - anything less than that would see Scotland starting conceptually with zero nationals. Strictly speaking that will of course be the factual case until the first citizen is registered but the concept will be that the vast majority of residents will automatically become citizens upon independence. What is perhaps the more intriguing question is whether the UK will out of feeling snubbed strip everyone in Scotland of their UK citizenship - I very much doubt it but some of those taking part in discussions on AB about the referendum, etc. may well see that as a natural consequence (the oft mentioned "OK then, be like that", all-or-nothing option.

If Scotland adopts the high passport issue fee rate charged in the UK then the real cost of passports will fall almost entirely onto the applicants. However, if Scotland adopts the non-UK practice of issuing identity cards on demand and enters Schengen then most Scottish citizens will not need a passport unless the UK requires it. Now there is a fascinating prospective example of refusal to be like or accepting any of "them".

[KARL]

Incidentally, while the term for UK citizenship is "British" that does not mean that a citizen of an independent Scotland but not the UK is not British - there is a widespread failure to understand this. As someone who is the citizen of, say, Brazil comes from America and therefore is an American so someone from the British Isles is and always will be generically British irrespective of his/her nationality. It is unfortunate that neither the USA or the UK have avoided usurping the term to describe those coming from the geographic landmasses in question. In the case of the UK it has more or less amounted to no difference because the political borders are such (although geographically Ireland is usually part of the British Isles). The USA example is simply crass, but United Statesian and Ukish are not exactly the nicest of national labels.