On Tue, 14 Jan 2014 03:45:01 +0000, mcp wrote:

On Tue, 14 Jan 2014 02:54:08 +0000, Charles Ellson
wrote:

On Tue, 14 Jan 2014 02:02:26 +0000, mcp wrote:

On Mon, 13 Jan 2014 19:54:54 -0600, Recliner
wrote:

So does that mean that, in the unlikely event of a Yes vote, all Scots
could opt to retain UK passports? Where would they then pay their taxes,
vote, etc?

Depends where they are "habitually resident" in the same way that
existing dual citizens do.

Passports deal with nationality relative to other countries rather
than residence, current right of abode in the UK is only available to
"British citizens" as explained in Note 2 of a UK passport; you can
still be a British citizen despite not having lived in the UK and
holding another countries passport if you have suitable multiple
nationality rights (two parents of different nationalities having a
child born in a third country can complicate matters somewhat). Unless
the rules change then it would be much the same as applies to anyone
alive at the time that the relevant versions of Ireland left the
UK/Commonwealth; passports would be available from either or both
countries but, while in one of those countries, the other country
cannot usually be relied upon to give any support if/when the holder
gets into trouble or tries to get out of any obligations such as e.g.
national service.

Err.. yes. I should have specified I was talking about the tax
question.

Ooops, missed that ! Bearing in mind the bother with (alleged)
non-doms, the rules could have changed by then anyway but even now
there must be quite a few people who quite innocently have doubtful
"habitual residence" if they move around Europe with their work
although ISTR home ownership and having less-mobile wife and kids can
sometimes decide the question. "Habitual residence" and similar seems
to have no rigid definition for most general purposes (divorce being
at least one exception but even that seems to have "get-out" or "not
us, mate" clauses) although these seem to feature WRT the EU/Council
of Europe :-

"the place where the person had established, on a fixed basis, his
permanent or habitual centre of interests, with all the relevant facts
being taken into account for the purpose of determining such
residence" [English Law conclusion]
"the place where the party involved has fixed, with the wish to vest
it with a stable character, the permanent or habitual centre of his or
her interests." [EU reference used]
[http://www.familylawweek.co.uk/site.aspx?i=ed1176]