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Renouncing UK citizenship post Brexit

This is the area of this board to discuss the referendum taking place in the UK on 23rd June 2016. Also to discuss the ramifications of the EU-UK deal.

Differing views will be respected. Rudeness to other members will not be welcome.

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Simon_Gardner
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Renouncing UK citizenship post Brexit

Post by Simon_Gardner » Sat Aug 27, 2016 7:49 am

For three weeks now, I have had joint UK/German citizenship. Before that, only UK citizenship, born in the UK and I have only ever lived and worked in the UK. My parents are British but my father was German to age 14 when he was made stateless.

I am now retired. My wife is British and I have no present intention of moving from the UK.

What are the implications of renouncing UK citizenship if Brexit actually happens - apart from losing the vote here? [I am not compelled to do so by German law so this would be entirely voluntary.]

Would I lose residency rights? What about NHS treatment?

Clearly I would lose the right to vote.

vinny
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Re: Renouncing UK citizenship post Brexit

Post by vinny » Sat Aug 27, 2016 7:52 am

Why do you wish to renounce UK citizenship?
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secret.simon
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Re: Renouncing UK citizenship post Brexit

Post by secret.simon » Sat Aug 27, 2016 8:40 am

You may wish to read through this earlier thread about a person who held a non-EEA citizenship and wished to renounce British citizenship, but retain the right to remain in the UK.

In my opinion, you would be the equivalent of a non-EEA citizen on Brexit. As a British citizen, you have not exercised any treaty rights and hence will not be eligible for any EEA Residence documentation and hence are unlikely to be covered by any transitional arrangements.

To have the right to reside in the UK without British citizenship (assuming that Brexit happens), you will need to apply for a spousal visa, which is quite expensive (most non-EEA visas are in the region of about £1000) and work your way up to ILR. There will be salary and other requirements to meet as well.

British nationality law allows you to request resumption of your British citizenship by application to the Home Office (Section 13 of the BNA 1981), so at least you would not have to go through the entire immigration process to become a British citizen again.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: Renouncing UK citizenship post Brexit

Post by secret.simon » Sat Aug 27, 2016 9:04 am

Simon_Gardner wrote:Would I lose residency rights? What about NHS treatment?
Before Brexit, if you renounce British citizenship, you will still retain the right to reside in the UK as an EEA citizen. It has been done by many people in these forums (see this thread) as immigration rules for EEA citizens are much simpler than those for non-EEA citizens.

But even EEA citizens need to meet certain requirements to reside in the UK. They need to exercise treaty rights for five continuous years in order to acquire the right to reside permanently in the UK without conditions. There are four ways to do so.
a) Work (either exployed or self-employed)
b) Be a job-seeker (now restricted to six month periods)
c) Study (requires either a non-UK EHIC Card or CSI)
d) Be self-sufficient (requires CSI)

The last two categories require CSI; Comprehensive Sickness Insurance. In essence, private health insurance. As you are retired, unless you wish to start working again, private health insurance will be a requirement to continue to stay in the UK on the basis of your German citizenship.

As a non-British EEA citizen, you must also not be a burden on the social assistance system of the country you reside in.

Others on these forums will advise you on how your state pension will be impacted.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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