Renouncing citizenship

[simone101]

I have a pretty complex case of immigration history and the moral of the story is: I am half British and half Italian, the British Citizenship I have it because inherited it and not by naturalization. I would like now to move to the UK with my US wife.

- The visa is a pain and extremely complex.
- Surinder Singh wouldn't work because we live in Gibraltar which is not recognized as an EEA contry
- Lounes might work, but I have no clear idea how yet.

An ultimate possibility might be renouncing my British citizenship and just moving to the UK as an only Italian citizen and go through the normal EU Family permit. Has anyone ever done this or has any reason to believe this would not work either?

Thanks

[secret.simon]

- Lounes might work, but I have no clear idea how yet.

Lounes won't work either. Lounes requires you to have acquired PR under EU law prior to the acquisition of British citizenship for it to be applicable.

An ultimate possibility might be renouncing my British citizenship and just moving to the UK as an only Italian citizen and go through the normal EU Family permit. Has anyone ever done this or has any reason to believe this would not work either?

I believe that it has been done, primarily by dual British-Irish citizens, who renounced their British citizenship to sponsor their family members under EU law.

However, be aware that there may be unintended consequences. If any children are born to you after you renounce British citizenship but before you acquire PR/settled status (five years after renouncing citizenship), any children born to you, even in the UK, will not be British citizens. They can be registered as British citizens (with the current fees being about £1000 per child) after you acquire PR/settled status.

[simone101]

Thanks for your reply. However, I do not think I explained why Lounes could work in my situation; I moved to the U.K. as an Italian citizen (no British citizenship yet) and worked for a British company there for 2 years, thereby exercising my freedom of movement as an Italian citizen. Then, I gained British citizenship (through descent) while retaining my Italian nationality. The three main criterion of Lounes appear to apply in this instance:

· the dual British and EEA national exercised free movement rights in the UK as a worker, self-employed person, self-sufficient person or student, or had a right of permanent residence in the UK prior to the acquisition of British citizenship

· subsequently acquired British citizenship, while also retaining their nationality of origin

· the dual British and EEA national continues to exercise Treaty rights or holds a right of permanent residence

I believe the first two points were met when I worked as an Italian citizen for 2 years in the U.K., and then acquired British citizenship. The only point I am unsure of is the last bullet point; am I continuing to exercise treaty rights by living in Gibraltar? It sounds like I will need to relocate back to the U.K. and then proceed with the Lounes route. Any input would be greatly appreciated.

[secret.simon]

Can you describe the specific circumstances under which you acquired British citizenship after arriving in the UK?

[simone101]

I acquired it by proving my mother's British Nationality.
I was born in Italy, from an Italian father and a British mother. I moved to the UK after 22 years of living in Italy. I entered and worked on an Italian passport for more than an year and then I took my British Citizenship.

[CR001]

Was this a form UKM registration application (born before 1 Jan 1983 to a British born mother)??

[simone101]

I don't remember what form I used but I was born in 1990 so not before 1 Jan 1983.
I had to attend an interview and provided documents of my parents and had a reference letter from a british family friend that is a teacher in the UK.

[CR001]

So you seem to have applied for a passport directly then, hence the interview.

[jen_arrival303]

In the end, you still acquired British citizenship AFTER exercising treaty rights as an Italian in the U.K. I don't think the way in which you got citizenship entirely matters, so long as you received it:

1) after exercising treaty rights (which you clearly did)
2) while still maintaining your other EU nationality (Italian)

I agree the "must continue to exercise treaty rights" is unclear but it appears to mean that, in the case of Lounes, you still need be in the U.K. I do not know/if Gibraltar would fall into this category.

What does everyone think?

[simone101]

@CR001 That is most likely correct, I now have a passport with an issue date that is clearly after I moved to the UK as an Italian citizen, would that be enough to satisfy the Lounes criteria if I were in the UK?

[secret.simon]

In the end, you still acquired British citizenship AFTER exercising treaty rights as an Italian in the U.K. I don't think the way in which you got citizenship entirely matters, so long as you received it:

1) after exercising treaty rights (which you clearly did)
2) while still maintaining your other EU nationality (Italian)

I agree the "must continue to exercise treaty rights" is unclear but it appears to mean that, in the case of Lounes, you still need be in the U.K. I do not know/if Gibraltar would fall into this category.

What does everyone think?

Not entirely correct.

By birth to a British mother (assuming that the mother was herself born in the UK) abroad after 1983, the OP is/was automatically a British citizen by descent at birth, even if s/he never had a British passport until after arrival in the UK. It is possible to be a British citizen without having a British travel document.

Treaty rights cannot be exercised in an EEA member-state of which you are a citizen. Therefore the OP cannot have exercised treaty rights in the UK, even if he only possessed an Italian passport.

For Lounes to apply, the OP would have needed to have exercised treaty rights in the UK as a non-British EEA citizen AND have acquired British citizenship subsequently.

However, if the OP's mother was herself born in the UK, the OP will have acquired British citizenship at birth. Therefore both requirements fail. Therefore Lounes does not apply.

If the OP acquired British citizenship, as opposed to a British passport, s/he would have received a certificate of either naturalisation or registration from the Home Office. If s/he did not get either, but got a British passport based on his mother's ancestry and British citizenship, then he has been a British citizen since birth, though one without a British passport.

Renunciation of British citizenship is an option open to him/her. As mentioned above, renunciation will have consequences for any children born to him/her before acquiring PR/British citizenship again. Also, if s/he has children born outside the UK, their immigration status will follow that of the less-privileged parent and they will have no automatic claim to British citizenship.