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Nationality Policy Team Dept 85 3rd Floor, India Buildings Water Street Liverpool L2 0QN |
Mr John Smith By e-mail: request 41658-dfb2773b@what do they know.com
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Web www.ukba.homeoffice.gov.uk |
2 September 2010 |
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Dear Mr Smith
Thank you for your recent request for information about British nationality and European citizenship. Your request has not been dealt with under the Freedom of Information Act, as it falls within a category of request that is routinely dealt with by Nationality Group.
You asked whether British citizens and British nationals are EU citizens, and when that status is acquired.
The Declaration on Nationality annexed to the Maastricht Treaty states that it is for each individual Member State to define its nationals. The UK has defined its “nationals” for EEA purposes as:
British citizens,
British overseas territories citizens who derive their citizenship from a Gibraltar connection, and
British subjects under Part IV of the British Nationality Act 1981 having the right of abode under s.2 of the Immigration Act 1971.
As such, everyone who is a British citizen is also a citizen of the European Union, in the same way that he or she is also, for example, a Commonwealth citizen. Certain British subjects and British overseas territories are also European citizens.
You also asked about renunciation of European citizenship. EU citizenship is not the same as having the nationality or citizenship of a country. A person must be a national of a Member State in order to have EU rights and it is not possible to be a Union citizen without being a Member State national. As such, a person could not renounce their nationality of a Member State in reliance on being a citizen of the EU. Conversely, a person cannot renounce their citizenship of the Union unless they also renounced their Member State nationality.
It is not therefore possible for a person to renounce European citizenship whilst remaining a British citizen, because possession of the latter status automatically gives a person the former.
You asked whether there is an EU nationality. As stated above, a person can only have EU citizenship if they are a national of a Member State: it is not a status that can be held in isolation.
You final question asked where the EU is incorporated. I am afraid that I am not clear what is meant by this question. If you would like to expand further, I will try and provide a fuller response.
I hope this information is helpful.
Yours sincerely
Jane Whitehead (Ms)
Nationality Policy Team