Dual citizens: Renunciation of British citizenship

The request was successful.

Dear Home Office,

I have not been able to find the information sought in the following questions on the Home Office website (nor that of the former UKBA). Please provide access to all internal guidance, emails, training materials, caseworker notes etc which would answer the following questions:

1) Please inform me of how EEA caseworkers deal with the situation in which a previously dual British/other EEA national have renounced their British citizenship. Are the non-EEA family members of such people given a UK residence card?

2) If residence cards are not provided for non-EEA family members, please provide details of the legislation on which this decision has been founded.

3) If a former British citizen has renounced his/her British citizenship, do they need to provide proof of their renunciation when their non-EEA family members are applying for a residence card on EEA2.

I hope to receive your reply within the FOIA timescales.

Yours faithfully,

John Kelly

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Freedom Of Information Team ( IND ), Home Office

Dear John Kelly

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond in due course.

Regards

Information Management Services (IMS),
Corporate Services
Home Office
www.gov.uk/home-office

Dear Home Office,

I have not been able to find the information sought in the following questions on the Home Office website (nor that of the former UKBA). Please provide access to all internal guidance, emails, training materials, caseworker notes etc which would answer the following questions:

1) Please inform me of how EEA caseworkers deal with the situation in which a previously dual British/other EEA national have renounced their British citizenship. Are the non-EEA family members of such people given a UK residence card?

2) If residence cards are not provided for non-EEA family members, please provide details of the legislation on which this decision has been founded.

3) If a former British citizen has renounced his/her British citizenship, do they need to provide proof of their renunciation when their non-EEA family members are applying for a residence card on EEA2.

I hope to receive your reply within the FOIA timescales.

Yours faithfully,

John Kelly

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FOI Responses, Home Office

1 Attachment

Dear Mr Kelly

 

Thank you for your email of 30 March which you ask for information on all
internal guidance, emails, training materials, caseworker notes relevant
to dual British/EEA nationals who subsequently renounce their British
citizenship. Your request is being handled as a request for information
under the Freedom of Information Act 2000 (‘the Act’). 

 

Please find attached our response

 

Yours Sincerely

 

Information Access Team

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Dear FOI Responses,

Further to your refusal of my FOIA request, I'd like to refine my request to see if it can come within the FOIA budget.

The full details of my old request are here: https://www.whatdotheyknow.com/request/d....

My new request is as follows:
1) Please provide information about how EEA caseworkers deal with the situation in which a previously dual British/other EEA national have renounced their British citizenship.

This information is not available on any source and I would like access to any information which is available on this.

Yours sincerely,

John Kelly

FOI Responses, Home Office

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inquiries should be sent to [1][Home Office request email].

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European Operational Policy Enquiries, Home Office

Dear Mr Kelly,

 

Thank you for your two emails of 25^th April to the Home Office Freedom of
Information team about the renunciation of British citizenship by a former
dual British citizen/European Economic Area (EEA) national.  After careful
consideration, I have decided to consider your two requests together as
general policy questions, rather than as requests for information under
the Freedom of Information Act 2000.  This is because we have not produced
any formal guidance specifically covering the questions you have asked but
I can answer them in general terms. 

 

1) Please provide information about how EEA caseworkers deal with the
situation in which a previously dual British [citizen]/other EEA national
have renounced their British citizenship.

 

If a person who was previously a dual British citizen/EEA national
renounces their British citizenship in accordance with section 12(1) of
the British Nationality Act (BNA) 1981, they cease to be a British citizen
from the point at which the declaration of renunciation is registered by
the Home Office. Provided the person still holds their EEA nationality,
they would be considered as an EEA national for the purposes of regulation
2(1) of the Immigration (European Economic Area) Regulations 2006 (as
amended) (‘the EEA Regulations’).  This means that they and their family
members would be eligible for residence documentation under the EEA
Regulations, subject to meeting the normal criteria.  

 

2) If a former British citizen has renounced his/her British citizenship,
do they need to provide proof of their renunciation when their non-EEA
family members are applying for an EEA family permit?

If a person applies for an EEA family permit as the family member of an
EEA national who was formerly also a British citizen, the entry clearance
officer (ECO) would expect to see proof that the former British citizen
has renounced his or her British citizenship (i.e. their declaration of
renunciation issued by the Home Office).   This would be checked against
internal records.  The ECO would also need to be satisfied that the person
concerned is an EEA national. Submission of a valid national identity card
or passport issued by an EEA Member State would satisfy this condition. 

 

For completeness I should add that if a British citizen’s declaration of
renunciation is registered on the basis that, at the time of registration
they do not hold another nationality or citizenship but are about to
acquire one, but they do not acquire another nationality or citizenship
within six months of the date of registration, the registration will be
void and the person concerned will be regarded as having remained a
British citizen (section 12(3) of the BNA 1981 refers).

 

For further information on renunciation of British citizenship, I refer
you to the information on our website at:
[1]https://www.gov.uk/renounce-british-nati....

 

I hope this has clarified matters.

 

Kind regards,

 

P. Grant

European Operational Policy Team

Immigration & Border Policy Directorate

Home Office

 

 

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