Renunciation of British citizenship

Until such time as the applicant renounces British citizenship, they are, as a matter of law, British.

The UK Government has taken the position that all the people of Northern Ireland are first and foremost British, by birth, contrary to commitments made in the Belfast Agreement to accept the right of the people to be Irish or British or both.

For over 3 years the UK Home Office has denied my EU right to family life on the basis on dual citizenship. Refusing my husband’s residency application in the process, even though I identify as Irish, under the Good Friday Agreement and have never held a British passport.

Their answer- renounce British citizenship- but what does renunciation mean?

Firstly, the form is a legal document that begins with a declaration;

“I am a British citizen”

It requires substantial evidence- to prove you have British citizenship. Bear in mind, many choosing this route do not identify or believe they hold British citizenship in the first place so it’s a tough emotional process. Whilst birth in Northern Ireland constitutes automatic British citizenship for those seeking to fully realise their EU rights it is not considered sufficient evidence to renounce British citizenship.

It costs £372- not a small fee to renounce a citizenship that under the GFA you should be free to not hold.

You lose freedom of movement for up to 6 months while they process your application.

And lastly, the real kicker- no-one knows what the ramifications of renouncing are. In a recent case the Home Office questioned the residency rights of a citizen that renounced. In essence, people may become vulnerable post Brexit if they renounce. There’s also concern about the rights and effect renouncing may have on the wider family as a whole.

A reasonable solution? Not in my opinion. The basis of the Good Friday Agreement is equality and respect of the two communities in Northern Ireland. Instead of protecting the entitlements of the treaty Immigration minister Caroline Nokes has stated

“Our view is that an international agreement such as the Belfast Agreement cannot supersede domestic legislation”

Further

“As a matter of law, people in Northern Ireland are British by birth”

A position that brings into question the UK governments commitments to the treaty it is a party of and causes immense personal strain and hardship on families across Northern Ireland.

Update** It’s now been revealed that those who renounce British citizenship will be unable to vote in referendums in the United kingdom. This would include a referendum on the reunification of Ireland.