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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 233
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Myself and my wife are both British citizens living in the

Customer Question

Myself and my wife are both British citizens living in the UK. Recently my wife has been given the opportunity to acquire her UAE citizenship, however the UAE have advised she must give up her British citizenship if she wishes to become a UAE citizen.
We both have children who are also of course British citizens. We want to find a solution that works best for all of us. Can you advise on the best solution if she was to acquire her UAE citizenship whilst protecting her position and status (as much as possible) in the UK.
Thanks!
Yasser
Submitted: 15 days ago.
Category: Immigration Law
Expert:  Frantz I replied 15 days ago.

Thank you for your enquiry.

The UK government recognises dual nationality and therefore obtaining a UAE nationality alongside your British citizenship isn't a problem. The problem your wife faces is meeting the requirements for obtaining a UAE citizenship, which implies that she will have to renounce her British citizenship. Unfortunately in this situation I say for lack of a better expression you can't have your cake and eat it. She will have to make a decision which citizenship is more important to her. If she decided to give up her British citizenship it will only affect her and not any other members of her family. But once given up, her rights to live in the UK will be affected and it is also very difficult to obtain British citizenship these days. There is also no guarantee that she will be granted a UAE citizenship.

Customer: replied 15 days ago.
H,Can you elaborate on what you mean by there is no guarantee she will receive UAE citizenship? When she was born she was a UAE citizen she was granted British citizenship through her mum when she moved to the UK when she was 6. She hasn't since renewed her UAE passpor, she was advised hhoweverwhen she receives her UAE citizenship she will need to give her British citizenship.Also what if she applied for indefinite leave to remain in the UK before she applies for the UAE passport. Also will she have any opportunity in the future to apply for a British passport back in the future?Thanks
Expert:  Frantz I replied 15 days ago.

I was only going by the information you provided that "Recently my wife has been given the opportunity to acquire her UAE citizenship"

It is a relevant fact if your wife was born a UAE citizen this is quite different from acquiring a UAE citizenship. If your wife has been advised that only when she receives a UAE citizen then she can renounce her British citizenship this is also a relevant fact missing from your initial question. If this is what she has been advised then the worry of being caught in-between the two processes does not arise. However, there is also the problem of renouncing her British citizenship.

Once a person has obtained British citizenship and then decides to renounce it, there is no provision under the UK Immigration Rules to directly apply for ILR.

If she wishes to live and work in the UK after renunciation, she will need to make a family-based application as a partner of a British citizen settled in the UK and go through the whole process again and meet the necessary requirements under Appendix FM. After 5 years, she would be eligible to apply for ILR. Obviously questions will be asked about her renunciation and she will need to meet the requirements at the time of application.

Customer: replied 15 days ago.
Apologies I should have been clearer. Finally is there a possible route through a right to abode? Could she surrender her british passport , and apply for a certificate of entitlement to the right of abode to be placed?
Expert:  Frantz I replied 15 days ago.

In theory it is possible to renounce a British citizenship but you must then return your British passport and inform the HMPO (Her Majesty's Passport Office) of your renounciation and then apply for a certificate of entitlement in a valid foreign passport.

Foreign passports which are being submitted for an application made in the UK must have have immigration stamps showing that the holder is resident in the UK. There is also no guarantee that an application for a certificate of entitlement will be granted. Before you make any decisions you must first seek legal advice as we cannot give advice on JustAnswer but only general support and information which must not be relied upon.

Customer: replied 14 days ago.
Hi do you have to renounce to apply for a certificate of entitlement? Could you not cancel your passport then apply for another? Here is a response from another expert on just answer.co.uk to a similar question which I've found see the attachment.
Customer: replied 14 days ago.
Here's a snapshot of another part of the experts answer.
Expert:  Frantz I replied 14 days ago.

I have had sight of the attachment. My answers remain valid. If you have been advised to renouce your British citizenship as a condition of obtaining UAE citizenship to do otherwise would be seen as attempting to circumvert the condition of obtaining a UAE citizenship.

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