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From Brexit to Ex-Brit

How a Briton in Vienna chose the citizenship of his host country after the UK Referendum on EU Membership to negate the potential personal consequences of Brexit

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25 October 2017 – Application for Citizenship submitted

I had my citizenship application appointment on 25 October 2017.

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  • apostille
  • application
  • Article 50
  • Austria
  • Austrian
  • background
  • beglaubigte Übersetzung
  • Behördenwege
  • Bescheid
  • British citizens in the EU
  • Britishness
  • ceremony
  • citizenship
  • citizenship application
  • citizenship test
  • dual nationality
  • emotional bond of citizenship
  • Existenzmittel
  • FCO
  • financial means
  • General Election
  • grandfathered rights
  • Grundbucheintrag
  • history
  • Lernunterlage
  • Live Q&A
  • locked in
  • MA35
  • nationality
  • naturalisation
  • naturalisation with child
  • paperwork
  • permanent residence
  • politics
  • renouncing citizenship
  • renunciation
  • residence
  • Selbstauskunft der KSV 1870 zur Vorlage
  • Staatsbürgerschaftgesetz 1985
  • Staatsbürgerschaftsnachweis
  • sworn translation
  • treason
  • uncertainty
  • Vienna
  • Zusicherung der Verleihung der österreichischen Staatsbürgerschaft
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Recent FAQs

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Legal

a

How long in the processing time for renunciation of British citizenship?

the timeframe for the renunciation seems variable – make sure to allow plenty of time.

Posted on 21st January 2020

When I did my renunciation back in 2018 it took me 6 weeks using the paper submission of the RN1 with all supporting documents. However, others have said that doing their online has meant a considerably longer wait – many did not hear anything for six months and in one case, the renunciation papers were returned back to the Home Office as undelivered. Factoring in six months for the renunciation would mean that it is advisable to do it at latest eighteen months after gaining Austrian citizenship, although my personal belief is that it is best to press on with it as soon as possible, since the last thing I would want is for a long and strenuous procedure to be rendered null and void by a failure to get the paperwork done in time. The complications of the process “lapsing” that Uzbek and Ukrainian citizens I know have told me about are simply not worth the hassle.

Categories: Legal Paperwork Renunciation
Tag: Renunciation
Permalink
a

How long did your naturalisation process take from start to finish?

Posted on 12th January 2020
Naturalisation timeline
Naturalisation timeline based on my experience

I had my information appointment in April 2017, and was given an appointment for the application (Antragstermin) in late October 2017. The decision confirming eligibility (Zusicherungsbescheid) came through at the end of April 2018, with the ceremony for Austrian citizenship taking place at the start of July 2018.

Categories: Legal Paperwork Personal Renunciation
Tags: 2018, EU citizen, naturalisation, Timeline
Permalink
a

Can a British Citizen renounce their British citizenship as a minor?

Can a British citizen renounce as a minor. An interesting question…

Posted on 6th January 2019

No. In my son’s procedure I had a case officer insisting that he would have to, despite my submission of a commented copy of the valid consolidated version of the UK Nationality Act of 1981 in the version most recently amended. I lodged the 102 pages along with 5 pages of comments in German about the provisions that apply in his case, and paid for this to be submitted for the file. One other case officer had the temerity to ask me when I thought she or colleagues would have the time to read it. I responded with a smile that she would not have to read the 102 pages, only the five page commentary, but failing that I reminded her that ignorance of a law is not a defence when a law is broken.

In doing my renunciation, I even included a letter stating why I believed that it was in his interests to renounce his citizenship (in light of the fact that he could not pass it on without his own children being born in the UK, and that if he did not live in the UK prior to attaining majority he would not be able to vote in the UK). This letter, which appealed to the Home Secretary to exercise his/her powers to allow renunciation in my son’s best interests and permit his renunciation despite being a minor was rejected. My son’s application to renounce his British citizenship was rejected, he having taken Austrian citizenship by then and when I went to MA35 to lodge my official renunciation, the staff member conceded that I had done everything possible for my son to renounce, going over and beyond the requirement of the law, and that they accepted that he could not renounce.

Some people have asked about whether a child might have to decide at 18 which citizenship to hold. While a child naturalising can be required to choose at 18, there is a limitation of six years for how long the file can be kept open. If the child is more than six years away from reaching majority, the file will be shut before this applies.

Categories: Legal Paperwork Renunciation
Tags: Minor, Renunciation
Permalink
a

Can’t I just let my UK passport expire, rather than do the renunciation process?

Question received from a site visitor wondering whether renunciation forms could be circumvented by letting their UK passport expire.

Posted on 5th January 2019

It is not that simple. Following my naturalisation ceremony, I had to subsequently prove that I had indeed renounced my British citizenship. Seeing as I had to submit and pay for the renunciation process to trigger the naturalisation ceremony, there was no way around doing it. I was also required to furnish the “registered” (ie. formally approved) renunciation of my British citizenship bearing the Home Office stamp and date with MA35 to conclude the process and for my file to be closed.

Article 20 of the Austrian Citizenship Act of 1985 clarifies that renunciation must be done within 2 years of receiving Austrian citizenship. (Information checked on 05.01.2019).

Categories: Legal Paperwork Renunciation
Permalink

Paperwork

a

How long in the processing time for renunciation of British citizenship?

the timeframe for the renunciation seems variable – make sure to allow plenty of time.

Posted on 21st January 2020

When I did my renunciation back in 2018 it took me 6 weeks using the paper submission of the RN1 with all supporting documents. However, others have said that doing their online has meant a considerably longer wait – many did not hear anything for six months and in one case, the renunciation papers were returned back to the Home Office as undelivered. Factoring in six months for the renunciation would mean that it is advisable to do it at latest eighteen months after gaining Austrian citizenship, although my personal belief is that it is best to press on with it as soon as possible, since the last thing I would want is for a long and strenuous procedure to be rendered null and void by a failure to get the paperwork done in time. The complications of the process “lapsing” that Uzbek and Ukrainian citizens I know have told me about are simply not worth the hassle.

Categories: Legal Paperwork Renunciation
Tag: Renunciation
Permalink
a

How long did your naturalisation process take from start to finish?

Posted on 12th January 2020
Naturalisation timeline
Naturalisation timeline based on my experience

I had my information appointment in April 2017, and was given an appointment for the application (Antragstermin) in late October 2017. The decision confirming eligibility (Zusicherungsbescheid) came through at the end of April 2018, with the ceremony for Austrian citizenship taking place at the start of July 2018.

Categories: Legal Paperwork Personal Renunciation
Tags: 2018, EU citizen, naturalisation, Timeline
Permalink
a

Can a British Citizen renounce their British citizenship as a minor?

Can a British citizen renounce as a minor. An interesting question…

Posted on 6th January 2019

No. In my son’s procedure I had a case officer insisting that he would have to, despite my submission of a commented copy of the valid consolidated version of the UK Nationality Act of 1981 in the version most recently amended. I lodged the 102 pages along with 5 pages of comments in German about the provisions that apply in his case, and paid for this to be submitted for the file. One other case officer had the temerity to ask me when I thought she or colleagues would have the time to read it. I responded with a smile that she would not have to read the 102 pages, only the five page commentary, but failing that I reminded her that ignorance of a law is not a defence when a law is broken.

In doing my renunciation, I even included a letter stating why I believed that it was in his interests to renounce his citizenship (in light of the fact that he could not pass it on without his own children being born in the UK, and that if he did not live in the UK prior to attaining majority he would not be able to vote in the UK). This letter, which appealed to the Home Secretary to exercise his/her powers to allow renunciation in my son’s best interests and permit his renunciation despite being a minor was rejected. My son’s application to renounce his British citizenship was rejected, he having taken Austrian citizenship by then and when I went to MA35 to lodge my official renunciation, the staff member conceded that I had done everything possible for my son to renounce, going over and beyond the requirement of the law, and that they accepted that he could not renounce.

Some people have asked about whether a child might have to decide at 18 which citizenship to hold. While a child naturalising can be required to choose at 18, there is a limitation of six years for how long the file can be kept open. If the child is more than six years away from reaching majority, the file will be shut before this applies.

Categories: Legal Paperwork Renunciation
Tags: Minor, Renunciation
Permalink
a

Can’t I just let my UK passport expire, rather than do the renunciation process?

Question received from a site visitor wondering whether renunciation forms could be circumvented by letting their UK passport expire.

Posted on 5th January 2019

It is not that simple. Following my naturalisation ceremony, I had to subsequently prove that I had indeed renounced my British citizenship. Seeing as I had to submit and pay for the renunciation process to trigger the naturalisation ceremony, there was no way around doing it. I was also required to furnish the “registered” (ie. formally approved) renunciation of my British citizenship bearing the Home Office stamp and date with MA35 to conclude the process and for my file to be closed.

Article 20 of the Austrian Citizenship Act of 1985 clarifies that renunciation must be done within 2 years of receiving Austrian citizenship. (Information checked on 05.01.2019).

Categories: Legal Paperwork Renunciation
Permalink

Personal

a

How long did your naturalisation process take from start to finish?

Posted on 12th January 2020
Naturalisation timeline
Naturalisation timeline based on my experience

I had my information appointment in April 2017, and was given an appointment for the application (Antragstermin) in late October 2017. The decision confirming eligibility (Zusicherungsbescheid) came through at the end of April 2018, with the ceremony for Austrian citizenship taking place at the start of July 2018.

Categories: Legal Paperwork Personal Renunciation
Tags: 2018, EU citizen, naturalisation, Timeline
Permalink

Renunciation

a

How long in the processing time for renunciation of British citizenship?

the timeframe for the renunciation seems variable – make sure to allow plenty of time.

Posted on 21st January 2020

When I did my renunciation back in 2018 it took me 6 weeks using the paper submission of the RN1 with all supporting documents. However, others have said that doing their online has meant a considerably longer wait – many did not hear anything for six months and in one case, the renunciation papers were returned back to the Home Office as undelivered. Factoring in six months for the renunciation would mean that it is advisable to do it at latest eighteen months after gaining Austrian citizenship, although my personal belief is that it is best to press on with it as soon as possible, since the last thing I would want is for a long and strenuous procedure to be rendered null and void by a failure to get the paperwork done in time. The complications of the process “lapsing” that Uzbek and Ukrainian citizens I know have told me about are simply not worth the hassle.

Categories: Legal Paperwork Renunciation
Tag: Renunciation
Permalink
a

How long did your naturalisation process take from start to finish?

Posted on 12th January 2020
Naturalisation timeline
Naturalisation timeline based on my experience

I had my information appointment in April 2017, and was given an appointment for the application (Antragstermin) in late October 2017. The decision confirming eligibility (Zusicherungsbescheid) came through at the end of April 2018, with the ceremony for Austrian citizenship taking place at the start of July 2018.

Categories: Legal Paperwork Personal Renunciation
Tags: 2018, EU citizen, naturalisation, Timeline
Permalink
a

Can a British Citizen renounce their British citizenship as a minor?

Can a British citizen renounce as a minor. An interesting question…

Posted on 6th January 2019

No. In my son’s procedure I had a case officer insisting that he would have to, despite my submission of a commented copy of the valid consolidated version of the UK Nationality Act of 1981 in the version most recently amended. I lodged the 102 pages along with 5 pages of comments in German about the provisions that apply in his case, and paid for this to be submitted for the file. One other case officer had the temerity to ask me when I thought she or colleagues would have the time to read it. I responded with a smile that she would not have to read the 102 pages, only the five page commentary, but failing that I reminded her that ignorance of a law is not a defence when a law is broken.

In doing my renunciation, I even included a letter stating why I believed that it was in his interests to renounce his citizenship (in light of the fact that he could not pass it on without his own children being born in the UK, and that if he did not live in the UK prior to attaining majority he would not be able to vote in the UK). This letter, which appealed to the Home Secretary to exercise his/her powers to allow renunciation in my son’s best interests and permit his renunciation despite being a minor was rejected. My son’s application to renounce his British citizenship was rejected, he having taken Austrian citizenship by then and when I went to MA35 to lodge my official renunciation, the staff member conceded that I had done everything possible for my son to renounce, going over and beyond the requirement of the law, and that they accepted that he could not renounce.

Some people have asked about whether a child might have to decide at 18 which citizenship to hold. While a child naturalising can be required to choose at 18, there is a limitation of six years for how long the file can be kept open. If the child is more than six years away from reaching majority, the file will be shut before this applies.

Categories: Legal Paperwork Renunciation
Tags: Minor, Renunciation
Permalink
a

Can’t I just let my UK passport expire, rather than do the renunciation process?

Question received from a site visitor wondering whether renunciation forms could be circumvented by letting their UK passport expire.

Posted on 5th January 2019

It is not that simple. Following my naturalisation ceremony, I had to subsequently prove that I had indeed renounced my British citizenship. Seeing as I had to submit and pay for the renunciation process to trigger the naturalisation ceremony, there was no way around doing it. I was also required to furnish the “registered” (ie. formally approved) renunciation of my British citizenship bearing the Home Office stamp and date with MA35 to conclude the process and for my file to be closed.

Article 20 of the Austrian Citizenship Act of 1985 clarifies that renunciation must be done within 2 years of receiving Austrian citizenship. (Information checked on 05.01.2019).

Categories: Legal Paperwork Renunciation
Permalink
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