Building a New Scotland: citizenship in an independent Scotland

This paper sets out the Scottish Government’s proposals for citizenship in an independent Scotland.


Annex: Quick guide to Scottish citizenship

This guide describes the different ways under the Scottish Government's proposals you would be able to become a Scottish citizen after independence depending on whether you are:

  • a British citizen
  • an Irish citizen
  • an EU citizen (or EEA/Swiss, or eligible family member)
  • a citizen of another country
  • a child living in Scotland, or
  • a child born after independence

The Scottish Parliament would decide how to implement these proposals in law if Scotland becomes an independent country.

I am a British citizen and…
Scenario Proposal
…I will be living in Scotland on the day of independence. You would be entitled to be a Scottish citizen.
…I was born in Scotland. You would be entitled to be a Scottish citizen.
…I have at least one parent who is a British citizen born in Scotland (including if that parent is deceased). You would be entitled to be a Scottish citizen. You may have to provide evidence of eligibility.
…I used to live in Scotland. You would be entitled to be a Scottish citizen if you previously lived in Scotland for at least ten years, or five years as a child, with a pro rata calculation for young adults. You may have to provide evidence of eligibility.
…I want to move to Scotland after independence. You would be able to move freely to live and work in Scotland, and register as a Scottish citizen, after living here for five years.
I am a Irish citizen and…
Scenario Proposal
…I live in Scotland. You would be able to register as a Scottish citizen after living here for five years (including time resident in Scotland prior to independence), but do not have to become a citizen to continue to live and work in Scotland.
…I want to move to Scotland after independence. You would be able to move freely to live and work in Scotland and register as a Scottish citizen after living here for five years.
I am an EU citizen (or EEA/Swiss, or eligible family member) and…
Scenario Proposal
…I live in Scotland and have settled or presettled status under the UK government’s EU Settlement Scheme. You would be able to apply to become a Scottish citizen after living here for five years (including time resident in Scotland prior to independence), but do not have to become a citizen to continue to live and work in Scotland.
…I live in Scotland and have a UK visa or a settled status other than through the EU Settlement Scheme (e.g. “indefinite leave to remain”). Your UK visa or settlement would continue to allow you to live and work in Scotland until it is due for renewal, at which point you can apply for a relevant status in the Scottish immigration system. You would be able to apply to become a citizen after five years’ eligible residence in Scotland (including time prior to independence, as appropriate) and twelve months being settled here.
…I want to move to Scotland after independence and have settled or presettled status under the UK government’s EU Settlement Scheme. Your UK EUSS status would allow you to move freely to live and work in Scotland and you would be able to apply to become a Scottish citizen after living here for five years.
…I want to move to Scotland after independence, but before it joins the EU. You would be able to apply for a visa in the Scottish immigration system, then apply for settlement after five years eligible residence in Scotland, then apply to become a citizen after twelve months being settled here.
…I want to move to Scotland after it joins the EU. You would be able to move to Scotland in accordance with EU free movement rules, would be automatically considered settled in Scotland (a “permanent resident” in EU law) after five years exercising free movement rights, and would be able to apply to become a citizen after twelve months being settled here.
I am a citizen of another country and…
Scenario Proposal
…I live in Scotland and have a UK visa or a settled status (e.g. “indefinite leave to remain”). Your UK visa or settlement would continue to allow you to live and work in Scotland until it is due for renewal, at which point you could apply for a relevant status in the Scottish immigration system. You would be able to apply to become a citizen after five years’ eligible residence in Scotland (including time prior to independence, as appropriate) and twelve months being settled here.
…I want to move to Scotland after independence. You would be able to apply for a visa in the Scottish immigration system, then apply for settlement after five years eligible residence in Scotland, then apply to become a citizen after twelve months being settled here.
I am responsible for a child or young adult who is not a British or Irish citizen* and…
Scenario Proposal
…the child was born in Scotland and still lives here. The child would be able to register as a Scottish citizen after living here for five years (including time resident in Scotland prior to independence) and before the age of 23.
…the child moved to Scotland before the age of 18 and still lives here. The child would be able to register as a Scottish citizen after living here for five years (including time resident in Scotland prior to independence) and before the age of 23.
I am planning to have a child…
Scenario Proposal
…in Scotland after independence, and at least one of the child’s parents would be a Scottish, British or Irish citizen, or settled in Scotland. Your child would automatically be a Scottish citizen.
…in another country, and at least one of the child’s parents would be a Scottish citizen. Your child would automatically be entitled to Scottish citizenship.
…in Scotland after independence, and none of the child’s parents would be a Scottish, British or Irish citizen or settled in Scotland. Your child would be able to register as a Scottish citizen after living here for five years, and before the age of 23.

Contact

Email: ConstitutionalFutures@gov.scot

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