FIRST Minister Humza Yousaf was joined by Independence Minister Jamie Hepburn and Circular Economy Minister Lorna Slater at the launch of a new white paper on citizenship in an independent Scotland on Thursday.
The 40-page document spells out who would be eligible for a Scottish passport after a Yes vote, as well as affirming the Government’s commitment to remaining in the Common Travel Area (CTA) after independence.
In our paper published today, 🏴 @ScotGov proposes an open and inclusive approach to citizenship in an independent Scotland. One that welcomes people who want to settle in Scotland, rather than putting barriers and excessive fees in the way of individuals and their families. pic.twitter.com/x8kK94lMnh
— Humza Yousaf (@HumzaYousaf) July 27, 2023
Here are the key takeaways from the new Citizenship in an independent Scotland paper:
Automatically Scottish, unless you opt out
Everyone who is “habitually resident” in Scotland on the day of independence would automatically become a citizen of the newly created country. This would include people who have moved north of the Border during the transition period.
People who were born in Scotland, regardless of their current residence, and people who had a British parent born in Scotland would also automatically qualify for Scottish citizenship.
The white paper says that people who have “previously lived in Scotland for at least ten years, or five years as a child, with a pro rata calculation for young adults” would also automatically qualify.
Taking a Scottish citizenship would not bar a person from holding citizenship of another country, and people would be allowed to retain their British citizenship as well.
However, people would be able to opt out of either British or Scottish citizenship as they choose. Humza Yousaf said he would likely ditch his British passport.
If someone had British citizenship only, they would not be barred from living and working in Scotland.
The white paper states: “British citizens would not have to become Scottish citizens after independence in order to live and work in Scotland, because Scotland would continue to be part of the Common Travel Area, which includes the UK, Ireland, the Channel Islands and the Isle of Man.”
The return of burgundy passports
Scottish citizens would not be required to hold a passport, but those who choose to will have a burgundy one in line with the EU. After Brexit, the UK Government changed their standard-issue passports to blue.
UK passports would continue to be recognised in Scotland until they expire post-independence. Scottish passports will last for a decade for adults and five years for children, as they currently do within the UK.
The white paper adds: “An independent Scotland would establish a passport and citizenship services office to issue passports and receive and determine applications to naturalise or register as a Scottish citizen.”
The Scottish passport is assumed in the white paper to be from an EU member state. Accession to the European bloc would have to happen after independence, with timings on the process unclear.
However, the white paper states: “As citizens of an EU member state, Scottish citizens travelling outside the EU would be entitled to seek consular assistance from the foreign missions of other member states where there is no Scottish diplomatic presence.”
Further details on consular support abroad are expected in future white papers.
The continuing Common Travel Area
The assumption post-independence is that Scotland will remain part of the Common Travel Area (CTA), which allows citizens of the UK, Ireland, the Channel Islands and the Isle of Man free movement between these islands.
The white paper goes on: “The result would be that British and Irish citizens, both those living in Scotland at the point of independence and those wishing to travel here in future, would be able to move freely into Scotland.
“They would have the right to reside and work here; access health care, social protection including social housing, and education; and vote in local and national elections.
“They would not be required to become Scottish citizens in order to do so. As part of the CTA, Scottish citizens would be able to keep the same reciprocal rights in the UK and Ireland as they currently have.”
The white paper argues that within the CTA post-Scottish independence policies could be made on a “tripartite” basis between the UK, Irish, and Scottish governments. As such, tourist visas could be mutually recognised and there could be cooperation on border control, it says.
The CTA membership would also mean that Scotland would not need to join and fully implement the Schengen Agreement.
The paper states: “While it is part of the CTA, Scotland would not implement the technical requirements of the Schengen acquis at its land, sea and air frontiers with the UK and Ireland.”
Questioned by journalists on whether it was solely Scotland's decision if it would remain in the CTA, Yousaf said he had not heard any suggestion from the opposition that it would be excluded.
Becoming a Scottish citizen after independence
After Scotland has become an independent country, there would be several ways to gain citizenship.
Any child born in the country would automatically become a citizen, provided at least one of their parents is a Scottish citizen, a British or Irish citizen, or “settled” in Scotland under Scottish immigration law.
If one parent is a Scottish citizen, the children born anywhere on Earth would also automatically qualify for Scottish citizenship.
This would not apply to people who had a Scottish grandparent. They would instead have a visa pathway to live and work in the country made open to them.
British and Irish citizens living in Scotland, and children of any nationality who were brought up in Scotland, would be able to register to become citizens.
Other people could apply for Scottish citizenship if they had lived in the country for five years, or had been “settled” in Scotland for at least one year.
Humza Yousaf said there were no plans for a Scottish citizenship test like the “Life in the UK Test” which the UK Government uses.
