There is little doubt that many US Citizens have a great affinity with all things Scottish … be it whisky, golf courses, the Isle of Skye, TV series Outlander and Jamie Fraser, Scottish castles steeped in history, Loch Ness or Rabbie Burns, to name just a few of the things which stir the desire to visit this captivating country.
It’s not uncommon to find many US Citizens with Scottish heritage - the number of Americans of Scottish descent is estimated to be 20 to 25 million[1] (up to 8.3% of the total U.S. population). Nor is it uncommon for those with Scottish heritage or Scottish roots, or simply a love of our country, to look to find out how they can relocate to Scotland for residency, work, or to study. And, interestingly, they are increasingly looking to purchase rural estates and castles; in September 2023 Bloomberg reported that Americans are on a shopping spree for properties in Scotland, with estate-agents Savills reporting that sales to American buyers have risen since pre-Covid times to now stand at 4% of transactions on the market with the surge seen acutely for the higher end properties, castles and stately homes.
So how can a US National secure residency in Scotland?
For Americans of Scottish descent, the first thing to consider is; are there any claims to Scottish nationality or more accurately, British nationality, given that Scotland remains part of the UK? Some will find that they have a claim to citizenship – especially where they were born before 1983 or perhaps where a parent was born in the UK and they themselves were born in the US.
In addition, in a landmark case, the Supreme Court, confirmed the right for an individual born outside of the UK between 1949 and 1983 to a British mother to apply to register as a British citizen regardless of whether their birth was (or would have been, had the law been different) registered with the British Consulate. Therefore, if you have a mother or grandmother who was born in the UK, and you were born outside the UK before 1983, you may be able to register as a British Citizen.
Secondly, Americans of Scottish descent should consider whether they have claims to residency through ancestry. This option involves a little less obvious consideration, but in the event of multinational families, the point should be considered. Some US Citizens may have claims to Canadian citizenship, which, if combined with a UK-born grandparent, could give rise to a claim under the ancestry provisions for leave to enter and remain in the UK, subject to other conditions being fulfilled.
Also vitally important is the position of Irish citizens who will be able to reside and work in Scotland and the UK without restriction. If there is Irish ancestry, then it is possible that claims to an Irish citizenship can be made through Irish-born grandparents, allowing you to live and work in the UK.
Where there are no viable options through heritage, the issues become more traditional in the sense of work, study, and marriage.
To find out more about UK VISA Options for US Citizens and read the full guide please go to https://www.burnesspaull.com/insights-and-events/news/uk-visa-options-for-us-citizens
