Dual citizenship and BRP replacement

[mal98]

Hi all

I'm currently on a Tier 2 visa on the basis of a Moroccan citizenship. I have recently been granted Spanish nationality, I will be keeping both the Moroccan and Spanish nationalities.

I'm not sure if I should report my new nationality as a change in circumstances and apply for a replacement BRP. I asked the HR team at my company, and they thought that there as no need to report the Spanish nationality on the basis that I will still have the Moroccan one, which is what my Tier 2 visa is based on.

However, I'm not sure I agree with this as the Home Office website simply refers to reporting any 'new nationality' which I would have thought applied here. I'm also concerned that my travel history will not be accurately captured when I apply for ILR given I will need to travel on both passports depending on the destination.

I would appreciate any thoughts or links to any detailed Home Office guidance on the matter as I couldn't find an answer.

Thank you!

[Ticktack]

Hi all

I'm currently on a Tier 2 visa on the basis of a Moroccan citizenship. I have recently been granted Spanish nationality, I will be keeping both the Moroccan and Spanish nationalities.

I'm not sure if I should report my new nationality as a change in circumstances and apply for a replacement BRP. I asked the HR team at my company, and they thought that there as no need to report the Spanish nationality on the basis that I will still have the Moroccan one, which is what my Tier 2 visa is based on.

However, I'm not sure I agree with this as the Home Office website simply refers to reporting any 'new nationality' which I would have thought applied here. I'm also concerned that my travel history will not be accurately captured when I apply for ILR given I will need to travel on both passports depending on the destination.

I would appreciate any thoughts or links to any detailed Home Office guidance on the matter as I couldn't find an answer.

Thank you!

You don't have to report your new citizenship. Not sure there's a requirement for that anywhere.

However, based on future travels, I'd advise that when you do plan to enter and re-enter the UK, don't enter on your Spanish passport. Always enter with your Moroccan passport and BRP card. You need the system to accurately record that you were not stamped in as a visitor.
You would be tempted to use the E-gate but don't do it. What you can do is to see the immigration at the UK/EU passport area and present both passports and BRP to him, just to see what he says.

[mal98]

Hi all

I'm currently on a Tier 2 visa on the basis of a Moroccan citizenship. I have recently been granted Spanish nationality, I will be keeping both the Moroccan and Spanish nationalities.

I'm not sure if I should report my new nationality as a change in circumstances and apply for a replacement BRP. I asked the HR team at my company, and they thought that there as no need to report the Spanish nationality on the basis that I will still have the Moroccan one, which is what my Tier 2 visa is based on.

However, I'm not sure I agree with this as the Home Office website simply refers to reporting any 'new nationality' which I would have thought applied here. I'm also concerned that my travel history will not be accurately captured when I apply for ILR given I will need to travel on both passports depending on the destination.

I would appreciate any thoughts or links to any detailed Home Office guidance on the matter as I couldn't find an answer.

Thank you!

You don't have to report your new citizenship. Not sure there's a requirement for that anywhere.

However, based on future travels, I'd advise that when you do plan to enter and re-enter the UK, don't enter on your Spanish passport. Always enter with your Moroccan passport and BRP card. You need the system to accurately record that you were not stamped in as a visitor.
You would be tempted to use the E-gate but don't do it. What you can do is to see the immigration at the UK/EU passport area and present both passports and BRP to him, just to see what he says.

Thank you for the quick reply - very much appreciated! I came across this website: https://www.gov.uk/change-circumstances-visa-brp which says:

Report a change to your name or personal details

You must apply for a new BRP straight away if any of these things change:

name, for example if you’ve got married
nationality
facial appearance
date of birth, for example if it was wrong
gender

Apply for a replacement BRP online. You’ll need to pay a fee.

You must apply for a new BRP within 3 months. You can be fined up to £1,000 or have your stay shortened if you do not.

Is your view that acquiring a new nationality without losing the existing one is not a "change of nationality" for those purposes? I'm worried about the fine or, worse, being accused of dishonesty or something like that when I apply for ILR next year (and citizenship afterwards)!

[meself2]

I, honestly, wouldn't expect that it would be considered a change, as you say you keep your old passport and the idea behind applying for a new BRP is to change data on it; doubt they'll be putting dual nationality there.

Can you hold both nationalities, though? I've heard Spanish nationality asks to renounce other ones, with certain exceptions; I assume you looked into it already, but do, if you haven't.

[mal98]

I, honestly, wouldn't expect that it would be considered a change, as you say you keep your old passport and the idea behind applying for a new BRP is to change data on it; doubt they'll be putting dual nationality there.

Can you hold both nationalities, though? I've heard Spanish nationality asks to renounce other ones, with certain exceptions; I assume you looked into it already, but do, if you haven't.

The answer to your second point is quite complex... I've sought legal advice in Spain on this. In case it's of interest: Spain requires a declaration that you will renounce your other nationality as part of the citizenship ceremony. However, Morocco doesn't allow you to renounce your citizenship and so the declaration is treated as a mere formality without effect from a Moroccan law perspective. In other words, notwithstanding the declaration, both legally and practically you retain both nationalities. Spanish authorities are aware of this and they consider the declaration to be sufficient to satisfy the requirements as, ultimately, they cannot control the citizenship laws of other third countries.