Dual Nationality British/Albanian

[clairey]

Hi,

We'll be applying for my husband's ILR at the end of March, and then we have a year (unless IND plan to change the rules!) until he can apply for British Citizenship. My question is, how easy is it to get dual nationality? Do you merely have to state on the form that you want it, or are we talking about a whole lot more paperwork? He doesn't want to renounce his Albanian citizenship as it is still hard for foreign nationals to buy land there, which is something we'd like to do someday soon, but by the same token, travelling would be made so much easier by a British passport!

Appreciate any advice you can give.

Clairey

[John]

Clairey, a quick search on the internet shows that Albania does not have a problem with dual nationality .... and neither does the UK. Accordingly your husband can merely apply for British Citizenship when he is time-qualified to do so.

But when can he apply? In a post you made on 02.02.06, your very first post here, you make reference to a fiancé visa. And that was no doubt converted later into a 2-year spouse visa. Accordingly I don't think it is right that your husband will need to wait a year after getting his ILR before being able to apply for Naturalisation as British. The "hold ILR for at least one year" rule only applies to those not married to (or in Civil Partnership with) a British Citizen.

So Clairey when exactly did your husband arrive in the UK using his fiancé visa? I suspect that your husband can submit his application for Naturalisation just after the 3rd anniversary of that arrival date.

Has your husband spent much time outside the UK since he first arrived? If so, please post details.

Do appreciate that your husband will need to pass the Citizenship Test in order to apply for Naturalisation as British. Has he started studying for that yet?

On 02.02.06 you posted :-

He's currently nearly 1 year in to his 2 year extension visa

When exactly does his 2-year spouse visa expire? I am wondering when the ILR application can be made, and whether a Citizenship test pass is required in order to apply for that ILR.

[clairey]

Oh gosh, now you're asking! He entered the UK on 23rd Dec 2004 and we married on 2nd April 2005. We then went to Lunar House a few days later (can't recall the exact date without checking his passport) to get his 2 year spouse visa. That will expire beginning of April this year, so we're currently preparing our ILR documents. I'm sure his 2 year spouse visa expires on something like 5th or 6th of April this year, so if we can make an application 20-odd days beforehand (as I believe you can do?), we should be able to side-step the citizenship test (for now).

As for time spent outside the UK, 2 weeks in Albania in 2006, and 1 week in Spain and 4 days in France in 2005.

If and when (fingers crossed) all goes to plan, would it just be a case of applying for British Citizenship, whilst at the same time keeping his Albanian passport, or would he have to declare it to both countries?

Thanks for your help John.

[John]

Claire, a number of points there. Firstly the ILR application. That can be made up to 28 days before the expiry date of the current 2-year spouse visa, so clearly the application can go in during March .... which is important because ILR applications that are submitted on or after 02.04.07 need to be accompanied by a pass certificate from the Citizenship Test.

So as long as the ILR application is made in March your husband will escape that new requirement, for ILR.

Secondly, he entered the UK on 23.12.04. So just after the 3rd anniversary of that date he can apply for Naturalisation. With Christmas getting in the way slightly, I think the plan should be to submit the application on say Thursday 27th December 2007.

Assuming of course ..... he has passed the Citizenship Test by then!

would it just be a case of applying for British Citizenship, whilst at the same time keeping his Albanian passport, or would he have to declare it to both countries?

When the application is made it will be totally clear to IND when dealing with the Naturalisation application that he is Albanian. Indeed his Albanian passport will need to be submitted. After he is British, that is after the Citizenship Ceremony at which he will be handed his Certificate of Naturalisation, does he need to tell the Albanian embassy, or some Albanian Government office? I would doubt it given it appears quite clear that Albania permits dual nationality. But a quick call to the Albanian embassy in London would clarify.

[clairey]

But a quick call to the Albanian embassy in London would clarify.

Not a problem - I work 5 doors down from the embassy

Thank you so much John - what would we do without you?

[JAJ]

Hi,

We'll be applying for my husband's ILR at the end of March, and then we have a year (unless IND plan to change the rules!) until he can apply for British Citizenship. My question is, how easy is it to get dual nationality? Do you merely have to state on the form that you want it, or are we talking about a whole lot more paperwork? He doesn't want to renounce his Albanian citizenship as it is still hard for foreign nationals to buy land there, which is something we'd like to do someday soon, but by the same token, travelling would be made so much easier by a British passport!

When someone applies for British citizenship, the Home Office does not care what the policy of the "other" country on dual citizenship is. It does not affect someone's right to become a British citizen (other than in the few cases where entitlement to register as a British citizen is dependent on having no other non-British nationality).

Whether the "other" country chooses to revoke the citizenship of a newly naturalised British citizen is a matter between the individual and the country concerned.

That said, the Home Office does warn new Britons that if the "other" country has not revoked their citizenship (in other words, if they are still citizens of that other country), they cannot access British consular protection in that other country.

So assuming John is correct and Albania will not revoke the citizenship of your husband when he becomes British, your husband remains liable to any obligations imposed on Albanian citizens (as well as the rights you mention). For example, he may be obliged to enter and leave Albania on an Albanian passport.

Same goes for any children you have. You need to check whether Albania would still consider them Albanian citizens, and if so, whether that would be a problem for them. For example, could they be liable to military service?

Dual citizenship often involves additional rights, but it may also involve certain obligations.

As an aside, this case came up in the Australian courts a few years ago concerning a naturalised Australian citizen who was effectively trapped in Albania from 1949 to his death in 1973:
http://www.austlii.edu.au/au/cases/cth/ ... /1302.html

The courts got involved because they were deciding whether an old law that revoked the citizenship of naturalised Australians who lived for a long time outside Australia pre-1958 operated in this case. In the end it was decided that the involuntary nature of the man's stay in Albania meant that he had not lost Australian citizenship and hence his Albanian daughter was eligible to register as an Australian citizen by descent.