At the borders of sovereignty : nationality and immigration policy in an independent Scotland

This article assesses the probable implications of Scottish independence for nationality and immigration law and policy, in the event of a ‘yes’ vote in the September 2014 referendum. It will firstly show that the Scottish Government plans to limit the implications of independence in the nationality field, but that some new Scottish citizens might lose British citizenship. In the immigration field, it will argue that intra-EU migration is one reason why, in the event of a successful referendum, a treaty should be put in place to ensure continuity of Scotland’s membership of the EU. In relation to immigration control, it will argue that the most likely outcome is that an independent Scotland would be part of the common travel area, rather than the Schengen zone. In relation to immigration policy, it will show that Scotland’s greater freedom of action after independence might be constrained by participation in EU immigration and asylum legislation.