British Nationality Refunds
On Thursday 25th January 2013 the UKBA agency (now known as UKVI) announced that individuals, who applied to give up their British nationality between April 2007 and April 2010, may be entitled to a refund.
If you belong to any of the following groups you may apply;
- British citizen,
- British overseas citizen,
- British overseas territories citizenship, or
- British national.
The UKBA wrote to all applicants entitled to see if they were entitled to as refund.
You will need to read the guide and make your application on form RN a declaration of renunciation of British citizenship, you must also be over 18yrs of age and of sound mind, in the former if you are under 18 years and married that will suffice and in the latter, if you are not of sound mind but this is in your best interests.
However you may be required to give up more than one citizenship. If you are a British citizen, British overseas citizen, British national overseas, British subject or British overseas territories citizen, you can give up your right if, you hold another citizenship or nationality or are going to get another citizenship or nationality after you have given up your citizenship, and you may be required to pay a fee.
If you hold, more than one citizenship you can give this up on form RN. You will cease being a citizen once the Home Secretary registers your declaration. Any declaration will only affect you and not members of your family.
The RN form is in two sections. The first two pages are the official copy. The applicant will need to complete sections 1-5 of the application. You must sign and date both the official copy and the applicant section. You will also need a counter signatory to verify that you are of sound mind.
Once you have decided which citizenship you wish to give up you will need to send to UKBA supporting documentation evidence of current and future status. Normally this is would be your current passport, birth certificate, or a certificate of registration or naturalisation. The applicant must also send evidence that you will be a citizen of another country, or when you make your application, a letter stating that you will be a citizen of that country once you have given up your British citizenship. If you are under 18yrs of age and married, you will need to produce your marriage certificate.
The cost for making an application will be £229 pounds, you can pay by debit, credit card, or cheque. The fee is payable to renounce British citizenship, British overseas citizenship, British overseas territories citizenship or British protected person status. There is no fee payable to renounce if you are a British national overseas.
Payment must be sent to UK Border Agency PO Box 306 Liverpool L2 0QN.
Once you have sent the form it will be signed and stamped by UKBA confirming that your declaration of renunciation has become effective.
However if UKBA registered your declaration on the expectation that you were going to get citizenship of another country, and this has not been done within six months, your declaration will not become effective. If this is the case the applicant should send a letter from the host country, stating that the applicant has not got citizenship of that country. If you are refused there is no right of appeal, only if you think the decision is incorrect in law. You must write and tell UKBA where they went wrong in law. If that is the case you can appeal on form NR and the cost of this application will be £80.
If you are in any doubt or need more advice before submitting your application, you can contact your legal representative here at IaM.
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