Building a New Scotland: citizenship in an independent Scotland

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


Endnotes

1. National Records of Scotland (2020) The Declaration of Arbroath

2. Claim of Right Act 1689 (legislation.gov.uk)

3. Scottish Constitutional Convention (1995) Scotland's Parliament, Scotland's Right

4. UK Parliament, Parliament's authority (accessed July 2023)

5. Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

6. Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

7. Comparative Constitutions Project, Constitute database, topics "Requirements for birthright citizenship" and "Requirements for naturalization" (accessed July 2023)

8. Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

9. Home Office, Dual citizenship (accessed July 2023)

10. Vink et al (2019) 'The international diffusion of expatriate dual citizenship' in Migration Studies, vol. 7, issue 3, pp362-383

11. Cabinet Office, Home Office (2022) Common Travel Area guidance

12. Citizens Information Ireland (2022) Common Travel Area between Ireland and the UK

13. Home Office (2022) Annual Report and Accounts 2021-22

14. UK Visas and Immigration (2022) Fees for citizenship applications

15. UK Visas and Immigration (2023) Visa fees transparency data, see rows 162-167, June 2023

16. Cost information is available by adding individual circumstances via the following weblink: République Française, Nationalité française (accessed July 2023)

17. Federal Ministry of the Interior and Community, Becoming a German citizen by naturalization (accessed July 2023)

18. US Citizenship and Immigration Services, Application for Naturalization (accessed July 2023)

19. UK Visas and Immigration, Types of British nationality (accessed July 2023)

20. UK Visas and Immigration, Apply for citizenship if you have a British parent (accessed July 2023)

21. UK Visas and Immigration, Types of British nationality: British overseas territories citizen (accessed July 2023)

22. UK Visas and Immigration, Types of British nationality: British national (overseas) (accessed July 2023)

23. UK Visas and Immigration, Types of British nationality: British protected person (accessed July 2023)

24. UK Visas and Immigration, Types of British nationality: British overseas citizen (accessed July 2023)

25. UK Visas and Immigration, Types of British nationality: British subject (accessed July 2023)

26. UK Visas and Immigration, British overseas territories citizen (accessed July 2023)

27. UK Visas and Immigration, British National (Overseas) visa (accessed July 2023)

28. UN High Commission on Human Rights (2021) Human Rights and Elections: A Handbook on International Human Rights Standards on Elections

29. Earnest, D.C. (2015) 'Expanding the Electorate: Comparing the Noncitizen Voting Practices of 25 Democracies' in International Migration & Integration, vol. 16, pp. 1 - 25

30. Scottish Government (2021) Register to vote in Scotland

31. Electoral Commission (2020) Scottish Parliamentary election: Guidance for candidates and agents: Part 1 of 6 - Can you stand for election?

32. Electoral Commission (2022) Council elections in Scotland: Guidance for candidates and agents: Part 1 of 6 - Can you stand for election?

33. Scottish Elections (Franchise and Representation) Act 2020 (legislation.gov.uk)

34. Scottish Government (2022) Electoral reform consultation

35. Scotland Act 1998, Schedule 5 (legislation.gov.uk)

36. Scottish Government, Schools (accessed July 2023) Scottish Government, Universities (accessed July 2023)

37. NHS Inform (2023) Healthcare for overseas visitors – overseas workers

38. NHS Inform (2023) Healthcare for overseas visitors – overseas students

39. NHS Inform (2023) Healthcare for refugees and asylum seekers

40. NHS Inform (2023) Healthcare for overseas visitors – immigration health surcharge

41. Cabinet Office, Home Office (2022) Common Travel Area guidance

42. Wilkins, H et al (2019) The Common Travel Area and the special status of Irish nationals in UK law (House of Commons Library)

43. Cabinet Office (2019) Memorandum of Understanding between the UK and Ireland on the CTA

44. Cabinet Office (2019) Memorandum of Understanding between the UK and Ireland on the CTA

45. Cabinet Office (2019) Memorandum of Understanding between the UK and Ireland on the CTA

46. European Commission (2020) Protocol on Ireland and Northern Ireland

47. European Commission (2023) Protocol on Ireland and Northern Ireland: The Windsor Framework

48. An Roinn Dlí agus Cirt, Irish Immigration Service (accessed July 2023)

49. An Roinn Gnóthaí Eachtrachta, Citizenship (accessed July 2023)

50. Scottish Government (2022) Building a New Scotland: A stronger economy with independence

51. EUR-Lex (2012) Treaty on European Union

52. The Schengen acquis is defined by 1999/435/EC: Council Decision of 20 May 1999

53. European Commission, Schengen Information System (accessed July 2023)

54. EUR-Lex (2012) Treaty on European Union

55. European Commission, Schengen Area (accessed July 2023)

56. Lock, T (2020) 'Negotiating EU Accession: Lessons for an Independent Scotland' in An Independent Scotland in the EU: issues for accession, Scottish Centre on European Relations

57. Maher, I (2020) 'Borders: Free Movement and the Common Travel Area' in An Independent Scotland in the EU: issues for accession, Scottish Centre on European Relations

58. Sampson, T (2022) 'What are the economic consequences of a Scotland—England international border?' in The Herald, 10 February 2022

59. Hayward, K and McEwen, N (2022) An EU border across Britain: Scotland's borders after independence (UK in a changing Europe), pp. 26 - 27

60. European Parliament (2023) Free movement of persons

61. European Commission, Visa policy (accessed July 2023)

62. European Commission, New requirements to travel to Europe (accessed July 2023)

63. European Commission, Entry-Exit System (accessed July 2023)

64. European Union, Immigration to the EU (accessed July 2023)

65. EUR-Lex (2004) Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

66. EUR-Lex (2004) Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

67. European Commission, Consular protection (accessed July 2023)

68. National Records of Scotland (2022) Population by Country of Birth and Nationality, Scotland, July 2020 to June 2021

69. Home Office (2023) EU Settlement Scheme statistics

70. Williams, W (2020) Windrush Lessons Learned Review (Home Office)

71. UK Parliament (2023) Update on the Windrush Lessons Learned Review Recommendations: Statement made on 26 January 2023

72. Durrant, T, Rutter, J and Jones, N (2021) How to be an effective commissioner (Institute for Government)

73. European Commission, Governance of migrant integration in Germany (accessed July 2023)

74. Berg, K (2022) "These issues have accompanied me all my life": Immigration as a responsibility of government – Integration Commissioner Reem Alabali-Radovan discusses challenges and experiences (deutschland.de)

75. The Independent Monitoring Authority was established by the European Union (Withdrawal Agreement) Act 2020 to protect the rights of EU and EEA/EFTA citizens, and their family members, in the UK and Gibraltar. It is an independent, impartial non-departmental public body under the remit of the Ministry of Justice. The European Commission fulfils the equivalent function to safeguard the rights of British citizens in EU member states. See: Independent Monitoring Authority (2022) What we do; European Commission (2021) Citizens' rights

76. European Commission, Document security (accessed July 2023)

77. European Commission, Consular protection (accessed July 2023)

78. Home Office, Dual citizenship (accessed July 2023)

79. United Nations (2005) 1961 Convention on the Reduction of Statelessness

Contact

Email: ConstitutionalFutures@gov.scot

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