Immigration Corner| Regaining British nationality or citizenship having renounced it

Dear Mr Bassie,

I am told that it is possible to resume your British nationality even if you had given it up in the past. I would like to know whether this is possible, and if it is, then how a person wouldproceed to get it back.

YJ

Dear YJ,

In some cases, it is possible for persons to resume their British nationality after renouncing it.

APPLYING

It is advisable that persons read the British Home Office guidance entitled ‘RS1’, which is available online. This would inform persons whether they are eligible to apply.

If eligible, persons should proceed to fill in the form online. The applicants will usually be able to keep their documents while the application is being processed.

Persons who live in the Channel Islands, the Isle of Man, or a British overseas territory have to apply in person or by post instead. Those persons should check which they can do with the governor’s office.

Persons who live elsewhere can apply by post. Please note that this will still take much longer than applying online because of the coronavirus. Persons are advised to avoid applying by post, especially if they need their documents back by a specific date.

Persons should be aware that they can get assistance with completing the online form if they do not feel confident using a computer or mobile device or if they do not have Internet access. Please be aware that this service is only available if the applicant is in the United Kingdom (UK), and they should also note that they cannot obtain immigration advice through this service.

FEES

Persons should pay the current fee for registration, which is currently £1,431 for the application. Please be aware that the fee will not be refunded if the application is refused.

SUPPORTING DOCUMENTS

Persons applying will need to provide the following:

• A copy of their declaration of renunciation (either form RN1 or R6)

•Their passport, or certificate of naturalisation or registration for their current citizenship or nationality

• An official letter or statement from the country that they are currently a citizen or national of saying that if they had not given up their British citizenship, they would have lost or failed to get current citizenship or nationality.

Those persons who gave up United Kingdom and Colonies citizenship will also need to provide:

• The birth, naturalisation, or registration certificate of the person that they have the connection to the UK with and evidence of their relationship to that person, for example, a birth, marriage, or civil partnership certificate

• Evidence that they gave up citizenship because they believed they would be deprived of their citizenship of a Commonwealth country unless they did so – this should be a separate letter explaining this plus any supporting documents

Please note that persons may have to provide different documents if they originally gave up citizenship for a reason other than they would have lost or failed to get citizenship of another country. As stated previously, it is advisable that they read the guidance for details.

PROVIDING BIOMETRIC INFORMATION AND SUPPORTING DOCUMENTS

When applying, persons will be asked to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide their biometric information, that is, their fingerprints and a photo.

Those persons will also need to submit their supporting documents. They can upload them into the online service or have them scanned at the UKVCAS appointment.,

Please note that persons must not travel outside of the UK, Ireland, the Channel Islands or the Isle of Man until they receive a decision. If they do, the application will be withdrawn.

Just for completeness, those persons applying from the Channel Islands, the Isle of Man, or a British overseas territory will be told how to provide their biometric information and supporting documents when they apply.

Please note that it is taking longer than usual to process applications because of COVID-19, however, this will not affect the decision. Persons will also get extra time to provide their fingerprints, photograph and additional information, and to book a citizenship ceremony.

All the best.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com