Wednesday, November 23, 2016

Brexit: UK Citizens of Cypriot Origin Can Obtain an EU Passport

An EU passport includes the right to live and work in any EU member-state. Following, the result of the UK referendum, the UK citizens will not have that right anymore. However, after the Leave vote, some people have the false impression that they could renew their passport immediately and remain citizens of the EU for the next 10 years. This option will not work because once the UK leaves the EU, the UK citizens cease to be EU citizens. As a result, many people are seeking an alternative passport. Consequently, Cyprus passport can be one option as Cyprus is an EU member-state since 2004.
Before presenting the necessary procedures that need to be followed in order to acquire a Cyprus passport, it should be clarified that the Republic of Cyprus allows its citizens to have a double citizenship. That is to say, British-born Cypriots may apply for a Cyprus citizenship and keep their UK citizenship as well.
In the following paragraphs, we will explain:
  • the acquisition of the Cypriot citizenship due to Cypriot origin;
  • the acquisition of the Cypriot citizenship as a spouse of a Cypriot citizen;
A.Acquisition of the Cypriot citizenship due to Cypriot origin:
Minors (under the age of 18)- Type M121 and Type M126:
a) Applications for registration of minors born abroad after the 16th of August 1960 whose father at the time of birth was a Cypriot citizen, and for minors born abroad after the 11th of June 1999 whose mother at the time of birth was a Cypriot citizen, are submitted on form M121.
In this case, the necessary accompanying documents are:
  • Applicant’s birth certificate;
  • Marriage certificate of the applicant’s parents;
  • Photocopy of the applicant’s and the applicant’s parents’ passports;
  • Certificate of registration of the Cypriot parents (where applicable);
b) Minors born in Cyprus or abroad after the 16th of August 1960 whose father or mother acquired the Cypriot citizenship after the birth of the said minor, or who were born before the 11th of June 1999 to a Cypriot citizen, are also eligible to apply for Cypriot citizenship. The form M126 needs to be submitted by the parent who is a Cypriot citizen.
In this case, the necessary accompanying documents are:
  • Applicant’s birth certificate;
  • Two photographs of the applicant (passport size);
  • Marriage certificate of the applicant’s parents;
  • Copy of the applicant’s and the applicant’s parents’ passports;
  • Certificate of registration of the Cypriot parents (where applicable);
  • The consent of the parent who is not a Cypriot citizen. However, it is not required if the Cypriot parent has obtained a court decision for exclusive parental care of the minor;
Adults:
a) Adults born before the 16th August 1960- Type M70 or M71:
Persons born before the 16th of August 1960, who are citizens of the UK and its former colonies originating from Cyprus, from the male side are eligible to apply for Cyprus citizenship by submitting an application on form M70 or M71.
In this case, the necessary accompanying documents are:
  • Applicant’s birth certificate;
  • Birth certificate of applicant’s father;
  • Photocopy of applicant’s passport;
b) Adults born after the 16th of August 1960 and adults born in Cyprus between 5th of November and 16th of August – Type M123:
Persons of Cypriot origin who were born after the 16th of August 1960, whose mother is a Cypriot citizen and father a foreigner are eligible to apply for Cyprus citizenship by submitting an application on form M123.
In addition, under the provisions of section 109 of Law 141 (I)/2002, are eligible to apply for Cyprus citizenship:
  • Adults born after the 16th of August 1960 and originate from a person who became a British citizen based on the Annexation of Cyprus Orders in Council of 1914 until 1943;
  • Adults born in Cyprus after the 5th of November 1914 and before the 16th of August 1960, during which time their parents were residing in Cyprus;
In this case, the necessary accompanying documents are:
  • Applicant’s birth certificate;
  • Marriage certificate of applicant’s parents;
  • Copy of the applicant’s and the applicant’s parents’ passports;
  • Certificate of registration of the Cypriot parent (where applicable);
c) Adults born after the 16th August 1960- Type M124:
Persons of Cypriot origin born before or after the 16th August 1960 and are British citizens or citizens of any Commonwealth state and have completed one year of legal residence in the Republic of Cyprus are eligible to apply for Cypriot citizenship by submitting the application form M124.
In this case, the necessary accompanying documents are:
  • Applicant’s birth certificate;
  • Certificate of clean criminal record issued by the police;
  • Copy of applicant’s passport;
B. Acquisition of the Cypriot citizenship as a spouse of a Cypriot citizen- Type M125:
An individual who is married to a Cypriot citizen is eligible to apply for a Cyprus citizenship by submitting the form M125 after completing three years of marriage and two years of residency in the Republic of Cyprus before the date of application.
Note that spouses of overseas Cypriots are also eligible to apply for Cypriot citizenship provided that they have completed at least three years of marriage. Additionally, a letter from the couple explaining the reasons for requesting the grant of the Cypriot citizenship to the foreign spouse needs to be submitted. However, in case the couple has completed at least five years of marriage and has at least one child, then it is not necessary to submit the aforementioned letter.
In this case, the necessary accompanying documents are:
  • Applicant’s birth certificate;
  • Certificate of clean criminal record;
  • Marriage certificate;
  • Birth certificate of the couple’s children (where applicable);
  • Copy of the applicant’s passport;
  • Copy of the Cypriot spouse’s passport;
  • Certificate of acquisition of the Cypriot citizenship of the Cypriot spouse (where applicable);
  • Statement of harmonious cohabitation signed before an Officer of the District Administration Office or the diplomatic authority;
  • Statement of cohabitation from the local authority.

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