British Nationality Act 1981
Encyclopedia
The British Nationality Act 1981 was an Act of Parliament
passed by the British Parliament concerning British nationality
. It has been the basis of British nationality law
since 1 January 1983.
came into force on 1 January 1949. In 1977, a Green Paper
was produced outlining options for reform of the nationality code. This was followed in 1980 by a White Paper
containing the government's specific plans for change. The British Nationality Act 1981 received Royal Assent
on 30 October 1981 and came into force on 1 January 1983.
Subsequently, the British Nationality Act has been significantly amended, including:
Since 1962, with the passage of the Commonwealth Immigrants Act 1962
, not all CUKCs had the Right of Abode
in the United Kingdom. The Act sought to restore once again the link between citizenship and right of abode by providing that British citizenship—held by those with a close connection with the United Kingdom
, Isle of Man
and Channel Islands
—would automatically carry a right of abode in the UK. The other categories of British nationality would not hold such status based on nationality, although in some cases would do so under the immigration laws.
Whilst in opposition in 1977, the Conservative Party
asked Edward Gardner to chair a study group to provide advice on changes to the nationality laws. The resultant Green paper
, "Who Do We Think We Are?", was published in 1980 and its threefold definition of nationality formed the basis for the Government's legislation. Originally the paper proposed just two categories of British nationality, British citizenship and British Overseas citizenship. However, the British Dependent Territory governments successfully lobbied for an additional category of nationality, which would cater for those with close connections to any of the British territories.
in British nationality. Prior to the Act coming into force, any person born in Britain (with limited exceptions such as children of diplomats and enemy aliens) was entitled to British Citizenship. After the Act came into force, it was necessary for at least one parent of a United Kingdom-born child to be a British citizen or "settled" in the United Kingdom (a permanent resident
).
As a result, even following the coming into force of the Act, the vast majority of children born in the United Kingdom still acquire British citizenship at birth. Special provisions are made for non-British UK born children to acquire British citizenship in certain circumstances.
In some cases, transitional arrangements were made that preserved certain aspects of the old legislation. Most of these expired on 31 December 1987, five years after the Act came into force.
-born ethnic Chinese the right of residency in the United Kingdom
in the time preceding the Sino-British Joint Declaration
in 1985 and later the handover of Hong Kong
(then the largest British colony), to the People's Republic of China
in 1997. However, persons from Hong Kong had lost the automatic right to live in the United Kingdom in 1962, and the Act did not change the substance of that fact.
The act is also seen as a minor factor in precipitating the Falklands War
, as Argentina
apparently saw the move as a sign of disengagement of the United Kingdom from its Falklands dependency. After the war, full British citizenship was granted to the Falkland Islands.
Other criticisms were levelled at the time at the removal of the automatic right to citizenship by birth in the United Kingdom. However, because UK-born children of permanent residents are automatically British, the number of non-British children born in the United Kingdom is relatively small. Special provisions made in the Act (for those who do not have another nationality and for those who lived a long time in the United Kingdom) meant there is little pressure for any change to the current law. Similar legislation has been enacted in Australia
(1986), the Republic of Ireland
(2005) and New Zealand
(2006).
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
passed by the British Parliament concerning British nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
. It has been the basis of British nationality law
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
since 1 January 1983.
History
In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act 1948British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom that created the status of "Citizen of the United Kingdom and Colonies" as the national citizenship of the United Kingdom and its colonies....
came into force on 1 January 1949. In 1977, a Green Paper
Green paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
was produced outlining options for reform of the nationality code. This was followed in 1980 by a White Paper
White paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
containing the government's specific plans for change. The British Nationality Act 1981 received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 30 October 1981 and came into force on 1 January 1983.
Subsequently, the British Nationality Act has been significantly amended, including:
- British Nationality (Falkland Islands) Act 1983British Nationality (Falkland Islands) Act 1983The British Nationality Act 1983 was an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983...
- Hong Kong Act 1985 and Hong Kong (British Nationality) Order 1986
- British Nationality (Hong Kong) Act 1990, which introduced the British Nationality Selection SchemeBritish Nationality Selection SchemeThe British Nationality Selection Scheme was a process used to grant British citizenship to selected persons in Hong Kong between 1990 and 1997.-Basis of the scheme:...
- Hong Kong (War Wives and Widows) Act 1996
- British Nationality (Hong Kong) Act 1997
- Adoption (Intercountry Aspects) Act 1999
- British Overseas Territories Act 2002British Overseas Territories Act 2002The British Overseas Territories Act 2002 is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981...
- Nationality, Immigration and Asylum Act 2002Nationality, Immigration and Asylum Act 2002The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 7 November 2002....
- Immigration, Asylum and Nationality Act 2006Immigration, Asylum and Nationality Act 2006The Immigration, Asylum and Nationality Act 2006 is an Act of the Parliament of the United Kingdom.It is the fifth major piece of legislation relating to immigration and asylum since 1993.-Commencement Orders:...
- Borders, Citizenship and Immigration Act 2009Borders, Citizenship and Immigration Act 2009The Borders, Citizenship and Immigration Act 2009 is an Act of the Parliament of the United Kingdom.Prior to the Act, residents who had spent five years living in the United Kingdom were able to apply for Indefinite Leave to Remain...
Reclassification of United Kingdom and Colonies citizenship
The Act reclassified Citizenship of the United Kingdom and Colonies (CUKC) into three categories:- British citizenship
- British Dependent Territories citizenshipBritish Overseas Territories citizenThe status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
(BDTC); and - British Overseas citizenship.
Since 1962, with the passage of the Commonwealth Immigrants Act 1962
Commonwealth Immigrants Act 1962
The Commonwealth Immigrants Act 1962 was an Act of the Parliament of the United Kingdom.Before the Act was passed, citizens of British commonwealth countries had extensive rights to migrate to the UK...
, not all CUKCs had the Right of Abode
Right of Abode (United Kingdom)
The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
in the United Kingdom. The Act sought to restore once again the link between citizenship and right of abode by providing that British citizenship—held by those with a close connection with the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
and Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
—would automatically carry a right of abode in the UK. The other categories of British nationality would not hold such status based on nationality, although in some cases would do so under the immigration laws.
Whilst in opposition in 1977, the Conservative Party
Conservative Party (UK)
The Conservative Party, formally the Conservative and Unionist Party, is a centre-right political party in the United Kingdom that adheres to the philosophies of conservatism and British unionism. It is the largest political party in the UK, and is currently the largest single party in the House...
asked Edward Gardner to chair a study group to provide advice on changes to the nationality laws. The resultant Green paper
Green paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
, "Who Do We Think We Are?", was published in 1980 and its threefold definition of nationality formed the basis for the Government's legislation. Originally the paper proposed just two categories of British nationality, British citizenship and British Overseas citizenship. However, the British Dependent Territory governments successfully lobbied for an additional category of nationality, which would cater for those with close connections to any of the British territories.
Modification of Jus soli
The Act also modified the application of Jus soliJus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
in British nationality. Prior to the Act coming into force, any person born in Britain (with limited exceptions such as children of diplomats and enemy aliens) was entitled to British Citizenship. After the Act came into force, it was necessary for at least one parent of a United Kingdom-born child to be a British citizen or "settled" in the United Kingdom (a permanent resident
Permanent residence
Permanent residence may refer to:* Permanent Residence * Permanent residence * Permanent residency* Permanent resident...
).
As a result, even following the coming into force of the Act, the vast majority of children born in the United Kingdom still acquire British citizenship at birth. Special provisions are made for non-British UK born children to acquire British citizenship in certain circumstances.
Other changes
The Act made a variety of other changes to the law:- Mothers as well as fathers were allowed to pass on British citizenship to their children.
- The term Commonwealth citizenCommonwealth citizenA Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
was used to replace British subjectBritish subjectIn British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
. Under the Act, the term British subjectBritish subjectIn British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
was restricted to certain persons holding British nationality through connections with British India or the Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
before 1949. - Right of AbodeRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
could no longer be acquired by non-British citizens. A limited number of Commonwealth citizens holding Right of Abode were allowed to retain it. - The rights of Commonwealth and Irish citizens to become British citizens by registration were removed and instead they were to be expected to apply for naturalisation if they wanted to acquire British citizenship.
- Special provision was made for persons from GibraltarGibraltarGibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
to acquire British citizenship. - Women married to British men could no longer acquire British citizenship purely by marriage.
- British Crown Colonies were renamed British Dependent Territories (subsequently amended to British Overseas Territories)
- The Channel IslandsChannel IslandsThe Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
and the Isle of ManIsle of ManThe Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
, references to which were be to construed as references to colonies under the British Nationality Act 1948British Nationality Act 1948The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom that created the status of "Citizen of the United Kingdom and Colonies" as the national citizenship of the United Kingdom and its colonies....
, were now to be construed as being part of the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
for nationality purposes.
In some cases, transitional arrangements were made that preserved certain aspects of the old legislation. Most of these expired on 31 December 1987, five years after the Act came into force.
Criticisms
Critics argued that one of the main political motivations behind the new law was to deny most Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
-born ethnic Chinese the right of residency in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in the time preceding the Sino-British Joint Declaration
Sino-British Joint Declaration
The Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
in 1985 and later the handover of Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
(then the largest British colony), to the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
in 1997. However, persons from Hong Kong had lost the automatic right to live in the United Kingdom in 1962, and the Act did not change the substance of that fact.
The act is also seen as a minor factor in precipitating the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
, as Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
apparently saw the move as a sign of disengagement of the United Kingdom from its Falklands dependency. After the war, full British citizenship was granted to the Falkland Islands.
Other criticisms were levelled at the time at the removal of the automatic right to citizenship by birth in the United Kingdom. However, because UK-born children of permanent residents are automatically British, the number of non-British children born in the United Kingdom is relatively small. Special provisions made in the Act (for those who do not have another nationality and for those who lived a long time in the United Kingdom) meant there is little pressure for any change to the current law. Similar legislation has been enacted in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
(1986), the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
(2005) and New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
(2006).
External links
. (Note that this website does not include the most recent amendments to this Act.)See also
- Denaturalization laws
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...