Renouncing British Nationality, what problems might that cause ?

I have dual nationality, British and Irish.

My wife, Filipina, and I live in Spain. I have never worked in Spain (i.e. outside UK).

I can take my wife to the UK and Gibraltar, as long as I use my Irish nationality (passport) however, if I disclose that I am also British, I cannot.

In order to be 100% legal, I am seriously considering renouncing my British nationality.

I know the cost is around £200, but can anyone suggest what problems I may encounter by 'not being British anymore'?

Thanks John

Why would you want to renounce your British Citizenship?

Just use your Irish citizenship and passport if you're not happy using a British one.

Which specific EU regulation prevents you from using your British Passport and your wife's residence card from entering the UK

We have a member here who did just that only around a week ago.
As long as you have supporting documents such as a marriage certificate.

EEA citizens are permitted to take their dependent family members to UK without a visa etc, however, that only applies to Brits if they have worked, in my case, in Spain. I have not.

Thus we must obtain a visa.

As I said, `EEA citizens with dual nationality (ie, British plus) are `prohibited from taking advantage of the concession.

If I take my wife to UK and I am asked if I also have British nationality, if I lie, I commit a criminal offence and of course my wife would be refused admission.

My Irish passport shows I was born in UK, thus it would not take an immigration official to be that bright to suspect I also have British Nationality



QUOTE:_

EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit?

Until 16 July 2012 persons who held British citizenship and who were also nationals of another EEA member state could rely on that EEA nationality to benefit from the terms of the Directive. This was because Regulation 2 of the 2006 Regulations did not preclude such dual national British citizens from benefitting from free right movements.

The definition of EEA national in Regulation 2 was amended on 16 July 2012 to preclude dual British citizens/EEA nationals from benefitting from the Directive and therefore also to preclude their family members from relying upon free movement rights.

Methersgate.
............................. you don't need to declare it,

That is the point if asked one must.

Methergate.

I did not think to make it clear.

I want to take my wife to UK and Gib, not move there.

I mean as we live in Spain, why would we choose to live in UK !!

Anyway, being able to go to UK, would give us a greater choice when it comes to travelling.

At present we cannot go to say Gatwick and transfer to Heathrow, without driving 1,000 miles round trip to Madrid, staying over night, wife having an interview, and getting a (one entry) visa. Of course for the return through UK after a trip, we would need another visa (unless we went for a multi-entry one, which is I believe around 700 GBP

PS The simple solution seems to be to take a job in Spain for a while?

I am 73 and we have 27% unemployment here. Also, I cannot find out how long one needs to work to come within the regulations. One day, a week, a month .......

Thanks Oss, but as people who have worked in UK, like Spaniards, still get their UK pension entitlement even when retired back to Spain, that cannot be a problem.

Hi John regarding work there is no fixed regulation. It must be " effective" and not " marginal" both terms are open to interpretation but 12 plus hours a week for 13 weeks or 10 weeks full time have already qualified as a worker or self employed keep all records as a personal interpretation UK dole is around 52? Pounds a week so if you pro rata comparing Spanish minimum wage against UK !!

Hi Aromulus, thanks for your welcome, we have 'met' before.

Although I cannot find where I get an accurate answer, I don't think 15 years of voluntary work (without even expenses) counts as work.

Today, my wife got her official refusal on her application for Spanish Nationality, so it seems renouncing my British Nationality, is the only practically way of overcoming the 'applications for visas'' for her.

cancelled error

I don't think I mentioned it, but I did take my wife to Gib, by car, a week or so before I started this thread.

I used my Irish PP, she had her Filipino PP and her Spanish Permanent, Family Member Residencia Card. They examined them, no questions, and let us in.

Coming out, the Spanish Passport Control Officer, was reading a book, never even looked up, and waved us through.

Any more thoughts on renouncing my British Nationality, will be most appreciated.

Thanks Guys, John

We went to Gib again a couple of weeks ago. On this occasion on entry I showed my Irish Passport and my wife her Filipino PP and her permanent Residencia card, on the back of which it shows she is my wife, with my Spanish ID number. The immigration officer ask me to prove that I was the person named on my wife's card. I showed my expired Spanish Residencia card (they were discontinued in 2007). He accepted it and we were allowed to enter.

I later checked the card and saw it shows my nationality as British, as does my Spanish D/L, Spanish medical card etc. Thus, if the officer had been more on the ball, he would have refused my wife entry as I was British (as well as Irish).

Next time I will use another card (Junta de Andalusia '65 card' ) which shows my ID number but not that I am British.

If I have British nationality (including dual British and Irish) my wife is not permitted entry to Gib or UK without a visa/family permit etc. Being refused entry at the Gib border is not a big problem, but if we were arriving at LHR for transit to say LGW, it would be.

That is why I am seriously considering renouncing my British Nationality.

Any further views on renouncing British nationality, please ?

You would retain your Irish citizenship - it seem to me that the question becomes "would your wife acquire Irish citizenship?"

I say that just because I foresee that European immigration policy will tighten up under financial stress and it is possible that a silly result could be generated whereby couples of differing nationalities get separated. Something similar happened to a British friend of mine married to an American in the States. They sorted it out in the end, at fairly vast expense.

Hi,
As you are probably aware, as we live in Spain, my wife cannot obtain Brutish nationality. The same applies to Irish nationality, although I understand that if we were to live there the process is easier than in the UK. Nevertheless, at present that is not a prospect.

My wife has permanent residencia status in Spain.

Thanks for your reply.
John

You see my concern...laws can change...it is not inconceivable that some future Spanish government may revoke your residency permits.

You have always had the option of moving to Britain so that your wife can acquire a shared nationality - if you retain the option of moving to Ireland so that she can acquire a shared nationality, I don't see a downside.

Acquiring Filipino citizenship, whilst not actually impossible, is extremely difficult to do, and requires ten years residency. so that's not an answer.

I am just being perhaps too cautious, but we live in an uncertain world. I'd suggest a check on the requirements for her to acquire Irish citizenship by residence should that ever be called for, then I'd go ahead and revoke your UK citizenship. Since you will appear on the emigration statistics, the Home Office will be delighted!

Thanks.

I can recover my British nationality at least once, so if the need came to be British I can do that.

And, Irish nationals have (even since independence) had the right to live in UK

Thanks for the in put
John

A sideways thought - you may still be "domiciled" in the UK for tax purposes - indeed, it is very likely that you are - although clearly you are not "ordinarily resident" and probably you are not "resident".

By revoking your British cintozenship you would cease to be domiciled in the UK and you might want a quick word with your tax adviser as to where your domicile would shift to - Ireland or Spain - and what the consequences might be.