History of British nationality law
Encyclopedia
Early English and British nationality law
British nationalityNationality
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....
law has its origins in medieval England. There has always been a distinction in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
between the subjects of the monarch and aliens: the monarch's subjects owed him (her) allegiance, and included those born in his (her) dominions (natural-born subjects) and those who later gave him (her) their allegiance (naturalised subjects or denizens).
A summary of early English common law is provided by Sir William Blackstone, who wrote about the law in 1765-69. Natural-born subjects were born within the dominion of the crown. When the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
came into existence, the dominion of the crown expanded. British subjects included not only persons within the United Kingdom but also those throughout the British Empire (the British Dominion). This included both the colonies and the self-governing Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s, including Australia, 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...
, South Africa, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and Newfoundland
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
. Note that the "dominions" of the Crown include not only Dominions but also colonies
Crown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
.
Individuals born in the dominion were citizens regardless of the status of their parents: children born to visitors or foreigners acquired citizenship (see Jus soli
Jus 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...
). This reflects the rationale of natural-born citizenship: that citizenship was acquired because British-born subjects would have a ‘natural allegiance’ to the crown as a ‘debt of gratitude’ to the crown for protecting them through infancy. Therefore, citizenship by birth was perpetual and could not be, at common law, removed or revoked regardless of residency.
By the same reasoning, an ‘alien’, or foreign born resident, was seen as unable to revoke their relationship with their place of birth. Therefore, at English common law foreign-born individuals could not become citizens through any procedure or ceremony. Some exceptions to this general principle existed in the common law, to recognise the situation of children born on foreign soil to English (and after the Act of Union 1707, British) subjects. The earliest exception was the children of the King's ambassadors, who acquired English citizenship even if not born in England. A later, broader, exception was enacted by the Status of Children Born Abroad Act 1350 (25 Edw. 3 Stat. 1) to allow children born abroad to two English parents to be English. Later, the British Nationality Act 1772
British Nationality Act 1772
The British Nationality Act 1772 was an Act of the Parliament of Great Britain was a British nationality law which made general provision allowing natural-born allegiance to be assumed if the father alone were British....
(13 Geo. 3 c. 21), made general provision allowing natural-born allegiance (citizenship) to be assumed if the father alone were British.
Generally then, there was no process by which a ‘foreigner’ not of British parents could become a British citizen. However, two procedures existed by which the individual could become a British subject with some of the rights of citizenship. Firstly, ‘naturalisation’ granted all the legal rights of citizenship except political rights (e.g. holding office). Naturalisation required an act of parliament be passed. Alternatively, denization allowed a person to gain the rights of citizenship other than political rights. Denization was granted by letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, and was granted by the monarch as an exercise of royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
.
Denization was therefore an exercise of executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
, whereas naturalisation was an exercise of legislative power. An example of the latter is the granting of English nationality to the Electress Sophia of Hanover
Sophia of Hanover
Sophia of the Palatinate was an heiress to the crowns of England and Ireland and later the crown of Great Britain. She was declared heiress presumptive by the Act of Settlement 1701...
, the heir to the throne under the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
. Naturalisation occurred by the passing, in 1705, of the Sophia Naturalization Act
Sophia Naturalization Act
The Act for the Naturalization of the Most Excellent Princess Sophia, Electress and Duchess Dowager of Hanover, and the Issue of her Body was an Act of the Parliament of England in 1705...
. This act granted English nationality to the Electress and to the Protestant "issue of her body", allowing all her future descendants a claim to English nationality. In 1957, Prince Ernest Augustus of Hanover
Ernest Augustus IV, Prince of Hanover
Ernst August IV, Prince of Hanover, Hereditary Prince of Brunswick, Prince of Great Britain and Ireland was head of the House of Hanover from 1953 until his death...
successfully claimed citizenship of the UK & Colonies under this Act. Although the Act was repealed from 1 January 1949 by the British Nationality Act 1948, some descendants can still claim citizenship based on their parent's rights under the law as it existed prior to 1949. However, the Home Office believes that the Act does not generally give claimants a right of abode in the United Kingdom. Successful claims will normally be granted to only British Overseas Citizen status unless entitled to a right of abode in the UK under the Immigration Act 1971
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
as in force prior to 1983.
Denization remained the usual form by which foreign-born subjects swore allegiance to the crown until general naturalisation acts were passed. Naturalisation Acts were passed in 1844, 1847 and 1870. The 1870 act preserved the process of denization. However, by introducing administrative procedures for naturalising non-British subjects naturalisation became the preferred process.
The 1870 legislation also introduced the concept of renunciation of British nationality, and provided for the first time that British women who married foreign men should lose their British nationality. This was a radical break from the common law doctrine that citizenship could not be removed, renounced, or revoked.
The loss of nationality at marriage was changed with the adoption of the British Nationality and Status of Aliens Act 1914. This codified for the first time the law relating to British nationality. However, it did not mark a major change in the substantive content of the law. This was to wait until 1948.
British Nationality and Status of Aliens Act 1914
This legislation came into force on 1 January 1915. British subject status was acquired as follows:- birth within His Majesty's dominions
- naturalisation in the United Kingdom or a part of His Majesty's dominions which had adopted Imperial naturalisation criteria
- descent through the legitimate male line (child born outside His Majesty's dominions to a British subject father). This was limited to one generation although further legislation in 1922 allowed subsequent generations born overseas to be registered as British subjects within one year of birth.
- foreign women who married British subject men
- former British subjects who had lost British subject status on marriage or through a parent's loss of status could resume it in specific circumstances (e.g. if a woman became widowed, or children immediately upon turning 21).
British subject status was normally lost by:
- naturalisation in a foreign state, such as the United States of America or France
- in the case of a woman, upon marriage to a foreign man. Prior to 1933, British subject status was lost even if the woman did not acquire her husband's nationality.
- a child of a father who lost British subject status, provided the child also had the father's new nationality.
- renunciation.
British Nationality Act 1948
The CommonwealthCommonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
Heads of Government decided in 1948 to embark on a major change in the law of nationality throughout the Commonwealth, following Canada's decision to enact its own citizenship law
Canadian Citizenship Act 1946
The Canadian Citizenship Act is an Act of the Parliament of Canada, which was enacted June 27, 1946, and came into effect on January 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects....
in 1946. Until then all Commonwealth countries, with the exception of the Irish Free State (see Irish nationality law
Irish nationality law
Irish nationality law is the law of the Republic of Ireland governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship...
), had a single nationality status: British subject status. It was decided at that conference that the United Kingdom and the self-governing dominions would each adopt separate national citizenships, but retain the common status of British subject.
Thus the British Nationality Act 1948
British 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....
provided for a new status of Citizen of the United Kingdom and Colonies (CUKC), consisting of all those British subjects who had a close relationship (either through birth or descent) with the United Kingdom and its remaining colonies. Each other Commonwealth country did likewise, and also established its own citizenship (with the exception of Newfoundland which became part of Canada on 1 April 1949, Newfoundlanders hence becoming Canadian citizens).
The Act also provided that British subjects could be known by the alternative title Commonwealth citizen.
It was originally envisaged that all British subjects would get one (or more) of the national citizenships being drawn up under the Act, and that the remainder would be absorbed as CUKCs by the British Government. Until they acquired one or other of the national citizenships, these people continued to be British subjects without citizenship. However, some British subjects never became citizens of any Commonwealth country.
Because the nationality laws of India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
did not provide for citizenship for everyone who was born in their countries (see Indian nationality law
Indian nationality law
The Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India...
), the British Government refused to "declare" their nationality laws for the purposes of the Act, and therefore those British subjects from these countries who did not become Indian or Pakistani citizens were never absorbed as CUKCs by the British Government. They remained British subjects without citizenship.
Due to the imminent withdrawal of 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,...
from the Commonwealth (which took effect 18 April 1949), special arrangements were made in s.2 of the Act to allow British subjects from Ireland to apply to continue to hold British subject status independently of the citizenship of any Commonwealth country.
Until 1983, the status of British subjects without citizenship was not affected by the acquisition of the citizenship of a non-Commonwealth country.
Acquisition of Citizenship of the UK & Colonies
Under the 1948 Act, CUKC status was acquired by:- birth in the UK or a colony (which does not include birth in the DominionDominionA dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s or children of 'enemy aliens' and diplomats). The immigration status of the parents was irrelevant. - naturalisation or registration in the UK or a colony or protectorate
- legitimate descent from a CUKC father for children born elsewhere. Only the first generation acquired British nationality automatically. Second and subsequent generations could do so only if born outside the Commonwealth (or Ireland) and registered within 12 months of birth or if the father was in Crown Service.
- incorporation of territory (no persons ever acquired CUKC this way from 1949)
- declaration
- marriage
Provisions for acquisition of CUKC by adoption were not included in the 1948 Act itself but were added soon after.
Requirements for Naturalisation or Registration
Citizens of Commonwealth countries, British subjects and Irish citizens were entitled to register as citizens of the UK and Colonies after one year's residence in the UK & Colonies. This period was increased to five years in 1962.Other persons were required to apply for naturalisation after five years residence.
Citizenship by Descent
Prior to 1983, as a general rule, British nationality could be transmitted from only the father, and parents were required to be married.Children born in Commonwealth countries or the Republic of Ireland could not normally access British nationality if the father was British by descent.
Those born in non-Commonwealth countries of second and subsequent generations born overseas could be registered as British within 12 months of birth. However, many such children did not acquire a UK Right of Abode before 1983 and hence became British Overseas citizens in 1983 rather than British citizens.
On 8 February 1979 the Home Office announced that overseas-born children of British mothers would generally be eligible for registration as UK citizens provided application was made before the child reached age 18. Many eligible children were not registered before their 18th birthday due to the fact this policy concession was poorly publicised. Hence it has been effectively reintroduced by the Nationality, Immigration and Asylum Act 2002
Nationality, Immigration and Asylum Act 2002
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 7 November 2002....
for those aged under 18 on the date of the original announcement.
With effect from 30 April 2003, a person born outside the UK to a British mother (who was born or naturalised in the UK) may be entitled to register as a British citizen by descent if that person was born between 8 February 1961 and 31 December 1982. However those with permanent resident status in the UK, or entitled to Right of Abode, may instead prefer to seek naturalisation as a British citizen which gives transmissible British citizenship otherwise than by descent.
Citizenship by Declaration
A person who was a British Subject on 31 December 1948, of United Kingdom & Colonies descent in the male line, and was resident in the UK & Colonies (or intending to be so resident) was entitled to acquire CUKC by declaration under s12(6) of the Act. The deadline for this was originally 31 December 1949, but was extended to 31 December 1962 by the British Nationality Act 1958.Citizenship by Marriage
Women married to CUKCs had the right to register as CUKCs under section 6(2) of the 1948 Act.Citizenship by Adoption
Before 1950 there was generally no provision to acquire UK citizenship by adoption:- between 1 January 1950 and 31 December 1982, a person adopted in the UK by a citizen of the UK & Colonies (CUKC) acquired CUKC automatically if the adopter, or in the case of a joint adoption, the male adopter, was a CUKC.
- children adopted in the Channel Islands and Isle of Man on or after 1 April 1959 acquired CUKC on the same basis as UK adoptees on 16 July 1964, or the date of the adoption order, if later.
In general, a person acquiring CUKC by virtue of adoption in the UK, Channel Islands or Isle of Man, became a British citizen on 1 January 1983
Independence Acts
Many colonies became independent between 1949 and 1982. Under the independence legislation passed in the United Kingdom, a person connected with a particular colony generally lost CUKC on Independence Day if:- they acquired citizenship of that country on independence; and
- they did not have specified connections to the UK itself or a place which remained a colony
Persons could in some cases lose CUKC even if they had migrated to the UK. In this case, only through naturalisation or registration could they regain CUKC.
Specific exceptions to the loss of CUKC on independence included:
- persons from the Malayan states of PenangPenangPenang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
and MalaccaMalaccaMalacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...
who, because of the wording of Federation of Malaya Independence Act 1957, did not lose CUKC at independence on 31 August 1957, as the law only provided for "the Malay States" for nationality purposes, whereas Penang and Malacca, at the time, were parts of the Straits Settlement. These persons, together with those born between 1 September 1957 and 31 December 1982 with a CUKC father, form the largest group of British Overseas citizenBritish Overseas citizenIn British nationality law, the status of British Overseas citizen is one of several categories of British national. A British Overseas citizen does not have an automatic right to live in the United Kingdom.-British Nationality Act 1981:...
s today. Most also hold Malaysian citizenship. - CUKCs from Cyprus retained CUKC if habitually resident elsewhere in the Commonwealth (except Cyprus) immediately before 16 August 1960
- In 1981 the Independence Acts dealing with Belize and Antigua/Barbuda exempted persons who had acquired a Right of abodeRight of abodeThe right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
in the UK from loss of CUKC. Such persons would have become British citizens in 1983 due to their Right of abode status.
St Christopher and Nevis
6.8.1 St Christopher (aka St Kitts) and Nevis became independent Commonwealth countries on 19 September 1983. British citizenship was not lost by anyone who became a citizen of these countries on that date. British Dependent Territories citizenship was however lost unless there was a connection with a remaining dependent territory.
In some cases (Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
and the Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
), citizenship statuses were created before independence was achieved. This resulted in unusual endorsements like "British subject: citizen of the State of Singapore" in British passports.
British Nationality Acts of 1958, 1964 and 1965
British Nationality Acts were passed in 1958, 1964 (twice) and 1965:- The British Nationality Act 1958 legislation dealt with Rhodesia, Ghana independence and reinstating temporarily some lapsed transitional registration entitlements
- The British Nationality Act 1964 provided for resumption of CUKC where it was renounced to obtain another Commonwealth citizenship. It was no longer possible for a renuciation of CUKC to take effect if the person did not have another nationality.
- The British Nationality (No 2) Act 1964 provided for British mothers to transmit CUKC status in cases of statelessness of an overseas born child. It also repealed section 20(4) of the 1948 legislation which allowed naturalised CUKCs resident for more than seven years outside the UK & Colonies to be deprived of CUKC in certain circumstances.
- The British Nationality Act 1965 made provision for women married to British subjects without citizenship to acquire British subject status by registration
Commonwealth Immigrants Acts
In the 1960s Britain was concerned with the possible effect of large-scale immigration from its former colonies in Asia and Africa. Until the Commonwealth Immigrants Act 1962Commonwealth 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...
, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. The Commonwealth Immigrants Act 1962 made Citizens of the United Kingdom and Colonies (CUKCs) whose passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
s were not directly issued by the United Kingdom Government (i.e. passports issued by the Governor of a colony or by the Commander of a British protectorate
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
) subject to immigration control. Those with passports issued at a British High Commission in an independent Commonwealth country or British Consulate remained free from immigration control.
The 1962 Act also increased the residence period for Commonwealth citizens (plus British subjects and Irish citizens) applying for registration as Citizens of the UK and Colonies from one year to five years.
The Commonwealth Immigrants Act 1968 sharpened the distinction between citizens of the United Kingdom and Colonies (CUKCs) who had close ties with the United Kingdom and were free to enter, and those citizens who had no such ties and were therefore subject to immigration control. Particularly in the newly independent Commonwealth countries of East Africa, the result was that there were now citizens of the United Kingdom and Colonies who had the right of residence nowhere.
Immigration Act 1971
The Immigration Act 1971Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
developed this distinction by creating the concept of patriality or right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
. CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents, or their grandparents were connected to the United Kingdom and Islands (the UK, the 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...
and the 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...
). This placed the UK in the rare position of denying some of its nationals entry into their country of nationality. (One consequence of this has been the inability of the United Kingdom to ratify the Fourth Protocol to the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, which guarantees the right of abode for nationals, a right which is widely recognised in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
.)
The following people had the right of abode under the Act:
- A citizen of the United Kingdom and Colonies who was born, adoptedAdoptionAdoption is a process whereby a person assumes the parenting for another and, in so doing, permanently transfers all rights and responsibilities from the original parent or parents...
, naturalised or registered in the United Kingdom. - A citizen of the United Kingdom and Colonies who was born to, or legally adopted by, a parent who, at the time of the birth or adoption, was a citizen of the United Kingdom and Colonies born, adopted, naturalised or registered in the United Kingdom.
- A citizen of the United Kingdom and Colonies who was born to, or legally adopted by, a parent who, at the time of the birth, was a citizen of the United Kingdom and Colonies. That parent must have a parent who was a citizen of the United Kingdom and Colonies by birth, adoption, naturalisation or registration in the United Kingdom.
- A citizen of the United Kingdom and Colonies who by 1 January 1983 had been ordinarily resident in the United Kingdom for five years or more without being restricted by the immigration laws to how long he or she could stay.
- A Commonwealth citizen who was born to, or legally adopted by, a parent who, at the time of the birth or adoption, was a citizen of the United Kingdom and Colonies by birth in the United Kingdom.
- A female Commonwealth citizen or citizen of the United Kingdom and Colonies who was, or had been, the wife of a man with the right of abode.
- A citizen of the United Kingdom and Colonies who was registered in an independent Commonwealth country by the British High Commissioner.
The following people did not have the right of abode simply by virtue of registration as a CUKC (but could hold it through United Kingdom descent or residence, or if a woman, marriage to a man with Right of Abode):
- A woman who was registered under section 6(2) of the British Nationality Act 1948 on or after 28 October 1971, unless she got married before that date and her husband has the right of abode.
- A minor child who was registered under section 7 of the British Nationality Act 1948 in an independent Commonwealth country by the British High Commissioner on or after 28 October 1971.
The reason for these limitations is that under the 1948 Act, High Commissioners in independent Commonwealth nations had the right to register persons as CUKC. This was treated for the purpose of the 1971 Act as "registration in the United Kingdom" and hence without the special limitations on Right of Abode, that status would have been held by some CUKCs with no other qualifying ties to the United Kingdom.
The most notable group over whom control was sought were the Ugandan Indians who were expelled from Uganda by Idi Amin
Idi Amin
Idi Amin Dada was a military leader and President of Uganda from 1971 to 1979. Amin joined the British colonial regiment, the King's African Rifles in 1946. Eventually he held the rank of Major General in the post-colonial Ugandan Army and became its Commander before seizing power in the military...
between 1968 and 1972. As CUKCs who had passports issued by a British High Commissioner
High Commissioner
High Commissioner is the title of various high-ranking, special executive positions held by a commission of appointment.The English term is also used to render various equivalent titles in other languages.-Bilateral diplomacy:...
they were arriving in the United Kingdom in large numbers. A number of 'resettlement' options were looked at, including settling Indians on a suitable island in the dependent territories such as the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
or Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
. Lord Lester of Herne Hill
Anthony Lester, Baron Lester of Herne Hill
Anthony Paul Lester, Baron Lester of Herne Hill, QC is a British politician and member of the House of Lords, and a member of the Liberal Democrats....
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, has written a detailed paper, "East African Asians versus The United Kingdom: The Inside Story", setting out the difficulties faced by the group.
However, the concept of patriality was recognised as only a temporary solution, so the British government embarked on a major reform of the law, resulting in the British Nationality Act 1981.
British Nationality Act 1981
The British Nationality Act 1981British Nationality Act 1981
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.-History:...
abolished the status of CUKC, and replaced it with three new categories of citizenship on 1 January 1983:
- British citizenship,
- British Dependent Territories citizenship (BDTC), which was renamed British Overseas Territories citizenship (BOTC) by the British Overseas Territories Act 2002 (see below) and
- British Overseas citizenship (BOC).
British Citizens are those former CUKCs who had a close relation with the United Kingdom and Islands (i.e. those who possessed right of abode under the Immigration Act 1971); BOTCs are those former CUKCs with a close relationship with one of the remaining colonies, renamed Overseas Territories; while BOCs are those former CUKCs who did not qualify for either British citizenship or British Dependent Territories citizenship.
The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. Citizens by descent cannot automatically pass on British nationality to a child born outside the United Kingdom or its Overseas Territories (though in some situations the child can be registered as a citizen).
British Overseas citizens cannot generally pass on British Overseas citizenship, except in limited cases to avoid statelessness or other hardship.
It is possible to hold more than one of these citizenships simultaneously. In fact, since the British Overseas Territories Act 2002
British Overseas Territories Act 2002
The British Overseas Territories Act 2002 is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981...
granted British citizenship to all the Overseas Territories (except the Cyprus Sovereign Base Areas), most British overseas territories citizens also hold British citizenship. Additionally, a British Overseas citizen who acquires British citizenship will not lose British Overseas citizenship, although there is generally no added benefit from retaining this status.
Those Commonwealth citizens and British subject already entitled to Right of Abode under the Immigration Act 1971 retained this status provided they did not cease to be Commonwealth citizens or British subjects after 1983. However, countries that joined the Commonwealth after 1 January 1983 are exempt from this scheme. These are South Africa, Pakistan, Namibia, Cameroon and Mozambique. Those who come to the UK under this scheme may claim state benefits if they can show that they intend to make the UK their permanent home.
Commonwealth citizens who have the right of abode need to apply for a certificate of entitlement if they want to enter the UK. The certificate is a sticker which is placed inside a non-British passport. After five years living in the UK, a person who has moved to the UK under the Right of Abode can apply to naturalise as British citizen and obtain a British passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
.
British Subject and British Protected Person
The 1981 Act retained the category of British subject without citizenship as British subject. British subjects are mainly people from the Indian sub-continent and Ireland. It ended the use of the term for those British subjects who had one of the various national citizenships, though the term Commonwealth citizen continues to be used in that regard.Persons who held British subject status based on connections with what is now 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,...
before 1949 remain entitled to resume that status if they wish.
The status of British subject under the 1981 Act cannot be transmitted to children, although the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
has discretion to register a child as a British subject. This discretion is very rarely exercised.
British subject status can be renounced, but cannot be resumed for any reason. British subjects (except those connected with Ireland) lose their British subject status automatically if they acquire any other nationality.
For further information on the present use of the term "British subject", see British subject
British subject
In 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 :...
.
The 1981 Act also retained another category, that of British Protected Person
British protected person
A British protected person is a member of class of certain persons under the British Nationality Act 1981 associated with former protected states, protectorates, mandated and trust territories under British control...
(BPP), which is not a form of nationality as such (BPPs were never British subjects), but a status conferred on citizens of states under British protection. It has been argued that since BPPs are not considered stateless, they must hold some form of nationality, and that nationality must be a form of British nationality.
British Protected Persons are those who had a connection with a former British Protectorate, Protected State, League of Nations mandate
League of Nations mandate
A League of Nations mandate was a legal status for certain territories transferred from the control of one country to another following World War I, or the legal instruments that contained the internationally agreed-upon terms for administering the territory on behalf of the League...
or United Nations trust territory. These were mainly in Asia and Africa. British Overseas Citizens, by contrast, are those who have such a relationship with former British colonies. (Protectorates, Protected States, Mandates and Trust Territories were never, legally speaking, British colonies.) A British Protected Person will lose that status upon acquiring any other nationality or citizenship.
British National (Overseas)
The Hong Kong handover resulted in yet another nationality: British National (Overseas) or BN(O). There were some 3.5 million residents of Hong Kong who held British Dependent Territories citizen (BDTC) status by virtue of their connection with Hong Kong. Another 2 million other Hong Kong residents are believed to have been eligible to apply to become BDTCs. Upon handover, they would lose this status and became solely PRC citizens. Uncertainty about the future of Hong Kong under PRCPeople'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...
rule led to the United Kingdom creating a new category of nationality for which Hong Kong BDTCs could apply. Any Hong Kong BDTC who wished to do so was able to acquire the (non-transmissible) status of British National (Overseas).
British Citizenship Legislation for Hong Kong
The handover of Hong Kong also resulted in:- the British Nationality (Hong Kong) Act 1990 and the associated 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:...
; and - the Hong Kong (War Wives and Widows) Act 1996 which gave certain women in Hong Kong the right to register as British citizens based on their husband's or former husband's war service in defence of Hong Kong during the Second World War; and
- the British Nationality (Hong Kong) Act 1997 which gave non-Chinese ethnic minorities in Hong Kong access to British citizenship
In February 2006, British authorities announced that 600 British citizenship applications of ethnic minority children of Indian descent from Hong Kong were wrongly refused. The applications dated from the period July 1997 onwards. Where the applicant in such cases confirms that he or she still wishes to receive British citizenship the decision will be reconsidered on request. No additional fee will be payable by the applicant in such cases.
Recent changes to India's Citizenship Act 1955 (see Indian nationality law
Indian nationality law
The Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India...
) provide that Indian citizenship by descent can no longer be acquired automatically at the time of birth. This amendment will also allow some children of Indian origin born in Hong Kong after 3 December 2004 who have a British National (Overseas) or British Overseas citizen parent to automatically acquire British Overseas citizenship at birth under the provisions for reducing statelessness in article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to register for full British citizenship with right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
in the UK.
British Overseas Territories Act 2002
The British Overseas Territories Act 2002British Overseas Territories Act 2002
The British Overseas Territories Act 2002 is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981...
changes the British Dependent Territories to British Overseas Territories, and British Dependent Territories Citizenship to British Overseas Territories Citizenship. This change is supposed to reflect the no longer "dependent" status of these territories, but may create confusion due to the close similarity between the terms "British Overseas Citizen" and "British Overseas Territories Citizen".
The Act
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...
also extends British citizenship to all British Overseas Territories Citizens the right to register as British Citizens, and thus acquire the right of abode, except those whose connection is solely with the military outposts known as the Sovereign Base Areas in Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
.
- Those persons who held British Overseas Territories citizenship (BOTC) on 21 May 2002 (except those solely connected with the Sovereign Base Areas) automatically acquired British citizenship on that date if they did not already possess it. Most people 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...
and the Falkland IslandsFalkland IslandsThe Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
already held full British citizenship under earlier legislation, or had the right to register as British. - Persons who acquire BOTC after 21 May 2002 and do not already have British citizenship (mainly those naturalised as BOTCs after that date) may register as British citizens if they wish under s4A of the 1981 Act.
Until their successful claim against the British Government in the High Court over their eviction from their Territory, those connected to the British Indian Ocean Territory
British Indian Ocean Territory
The British Indian Ocean Territory or Chagos Islands is an overseas territory of the United Kingdom situated in the Indian Ocean, halfway between Africa and Indonesia...
which houses the United States military base of Diego Garcia
Diego Garcia
Diego Garcia is a tropical, footprint-shaped coral atoll located south of the equator in the central Indian Ocean at 7 degrees, 26 minutes south latitude. It is part of the British Indian Ocean Territory [BIOT] and is positioned at 72°23' east longitude....
were to be excluded as well, but are now included. The accession of the whole island of Cyprus to the European Union would possibly have made the sole exclusion of the Sovereign Base Areas untenable, as they would become the only Cypriots (as well as the only British Overseas Territories citizens) not to have the right to live and work in the United Kingdom. However, in 2004, only the Greek part of the island was admitted, and the issue has not surfaced.
Nationality, Immigration and Asylum Act 2002
This Act created a number of changes to the law including:British Nationals with no other citizenship
The Nationality, Immigration and Asylum Act 2002Nationality, Immigration and Asylum Act 2002
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 7 November 2002....
has also granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless. Despite strong resistance from Senior Officials at the Home Office, the then Home Secretary, David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
, said on 3 July 2002 that this would "right a historic wrong" which had left stateless tens of thousands of Asian people who had worked closely with British colonial administrations. The Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
has also issued clarifications in respect of people with these citizenships to assist with consideration of applications under the Nationality, Immigration and Asylum Act 2002
Nationality, Immigration and Asylum Act 2002
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 7 November 2002....
.
Overseas born children of British mothers
The Act has also conferred a right to registration as a British citizen on persons born between 8 February 1961 and 31 December 1982 who, but for the inability (at that time) of women to pass on their citizenship, would have acquired British citizenship automatically when the British Nationality Act 1981British Nationality Act 1981
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.-History:...
came into force. A person is entitled to registration if:
- the person was born after 7 February 1961 but before 1 January 1983;
- the person was born to a mother who was a citizen of the United Kingdom and Colonies at the time and the person would have been a citizen of the United Kingdom and Colonies by descent if it had been possible for women to pass on citizenship of the United Kingdom and Colonies to their children in the same way as men could; and
- had the person been a citizen of the United Kingdom and Colonies, they would have had the right of abode in the United Kingdom under the Immigration Act 1971 and would have become a British citizen on 1 January 1983.
Registration under both these categories confers British citizenship by descent and hence those with permanent residence in the United Kingdom, or those with the right to take up permanent residence in the United Kingdom, may prefer to apply for naturalisation or section 4 registration instead. Both of these registration categories give British citizenship otherwise than by descent.
Deprivation of British nationality
Under amendments made by the Act, British nationals can be deprived of their citizenship if the Secretary of State is satisfied they are responsible for acts seriously prejudicial to the vital interests of the United Kingdom or an Overseas Territory. This provision applied to only dual nationals-—it is not applicable if deprivation would result in a person's statelessness.Prior to this law, British nationals who acquired that status by birth or descent (as opposed to registration or naturalisation) could not be deprived of British nationality.
Citizenship ceremonies
All new applicants for British citizenship from 1 January 2004 who are aged 18 or over must attend a citizenship ceremony and take an Oath of Allegiance and a Pledge to the United Kingdom before their grant of British citizenship can take effect- the requirement for a citizenship ceremony applies to applicants for registration as well as naturalisation
- prior to 1 January 2004, British overseas territories citizens, British Overseas citizens, British subjects and British Nationals (Overseas), as well of citizens of countries sharing the Queen as Head of State (such as Australia and Canada) were exempt from taking the oath of allegiance. This exemption was abolished.
Similar requirements are imposed on applicants for British overseas territories citizenship, with the exception that the Pledge is based on the relevant territory rather than the United Kingdom.
It is unusual for adults to acquire British Overseas citizenship or British subject status (application must be made before age 18 and is very rarely granted); however, in such a case only an Oath of Allegiance would be required.
English language requirements
From 28 July 2004, English (or Welsh or Scottish Gaelic) language requirements for naturalisation applicants were increased:- the language competency requirement was extended to those applying for naturalisation as the spouse of a British citizen
- evidentiary requirements were increased.
Life in the United Kingdom test
From 1 November 2005, all new applicants for naturalisation as a British citizen must (unless exempted) prove they have passed the Life in the United Kingdom testLife in the United Kingdom test
The Life in the United Kingdom test is a computer-based test for individuals seeking Indefinite Leave to Remain in the UK or naturalisation as a British citizen...
.
- The test must be passed before application is made to the Home Office
- Those who pass the test do not need to provide separate evidence of language competency
- Those aged 65 or over may be able to claim exemption
- Those who attend combined citizenship and English (or Welsh) classes may be exempted from the test
Neither the language nor Life in the UK test requirements apply to those seeking registration (as opposed to naturalisation) as a British citizen.
Note that passing the test is also required for anyone wishing to remain indefinitely in the UK, whether or not they apply for citizenship. E.g., a husband or wife of a British citizen will be deported if they do not pass the test in time.
Children of unmarried British fathers
With effect from 1 July 2006, children may acquire British citizenship automatically from an unmarried British father (or a British permanent resident if the child is born in the United Kingdom). Proof of paternity must be shown.Children born to unmarried British fathers before 1 July 2006 are not included in this provision. However they can be registered as British citizens upon application to the Home Office (if not British some other way), provided the child is aged under 18 and would have been British had the father been married to the mother. However, the agreement of the mother is needed. If the mother refuses then policy is for the home office to enquire of her reasons for refusal. If her reasons are deemed unreasonable registration may still be granted. Also, the minor can apply in his own right on reaching the age of 17.
Immigration, Asylum and Nationality Act 2006
The Immigration, Asylum and Nationality Act 2006Immigration, Asylum and Nationality Act 2006
The 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:...
made a number of changes to the law including:
- allowing the Secretary of State to deprive a British national of his or her nationality on the basis of it being "conducive to the public good". This is a less stringent test than the requirement of the 2002 Act and came into force on 16 June 2006.
- allowing 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:...
to be revoked on the same basis - introducing a good character requirements for all acquisitions of British citizenship, with the exception of section 4B registration, registration on the grounds of statelessness and cases where the applicant is under 10 years old. This came into force on 4 December 2006.
Laws concerning immigration and naturalisation
- Status of Children Born Abroad Act 1350
- Sophia Naturalization Act 1705
- Jewish Naturalization Act 1753
- British Nationality Act 1772British Nationality Act 1772The British Nationality Act 1772 was an Act of the Parliament of Great Britain was a British nationality law which made general provision allowing natural-born allegiance to be assumed if the father alone were British....
- Aliens Act 1905Aliens Act 1905The Aliens Act 1905 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. The Act for the first time introduced immigration controls and registration, and gave the Home Secretary overall responsibility for immigration and nationality matters...
- Aliens Restriction Act 1914
- Aliens Act 1919
- Polish Resettlement Act 1947Polish Resettlement Act 1947The Polish Resettlement Act 1947 was the first ever mass immigration legislation of the British parliament. It offered British citizenship to over 200,000 displaced Polish troops on British soil who had fought against Nazi Germany and opposed the Soviet takeover of their homeland...
- 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....
- Commonwealth Immigrants Act 1962Commonwealth Immigrants Act 1962The 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...
- Commonwealth Immigrants Act 1968
- Immigration Act 1971Immigration Act 1971The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
- British Nationality Act 1981British Nationality Act 1981The 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.-History:...
- Carriers' Liability Act 1987
- Dublin Convention 1990
- Immigration and Asylum Appeals Act 1993
- Asylum and Immigration Act 1996
- Immigration and Asylum 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....
- Asylum and Immigration (Treatment of Claimants, etc.) Act 2004Asylum and Immigration (Treatment of Claimants, etc.) Act 2004The Asylum and Immigration Act 2004 is an Act of the Parliament of the United Kingdom. It set various rules for immigrants to the United Kingdom...
- 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:...
- UK Borders Act 2007UK Borders Act 2007The UK Borders Act 2007 is an Act of the Parliament of the United Kingdom about immigration and asylum. Amongst other things, it introduced compulsory biometric residence permits for non-EU immigrants and introduced greater powers for immigration control...
- 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...
See also
- Citizen Information ProjectCitizen Information ProjectIn the United Kingdom, the Citizen Information Project was a plan by the Office for National Statistics to build a national population register....
- British nationality law and the Republic of IrelandBritish nationality law and the Republic of IrelandThis article concerns British nationality law in respect of citizens of what is now the independent state of Ireland, which was known in the United Kingdom as "Eire" between 1937 and 1949, and which was the Irish Free State between 1922 and 1937...
- 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 :...
- 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:...
- Immigration to the United KingdomImmigration to the United KingdomImmigration to the United Kingdom of Great Britain and Northern Ireland since 1922 has been substantial, in particular from Ireland and the former colonies and other territories of the British Empire - such as India, Bangladesh, Pakistan, the Caribbean, South Africa, Kenya and Hong Kong - under...
- Life in the United Kingdom testLife in the United Kingdom testThe Life in the United Kingdom test is a computer-based test for individuals seeking Indefinite Leave to Remain in the UK or naturalisation as a British citizen...
- Multiple citizenshipMultiple citizenshipMultiple citizenship is a status in which a person is concurrently regarded as a citizen under the laws of more than one state. Multiple citizenships exist because different countries use different, and not necessarily mutually exclusive, citizenship requirements...
- Sanjay ShahSanjay ShahSanjay Shah is a former Kenyan national. In 2004 he gave up his Kenyan passport and flew to the UK on a British Overseas citizen passport which permits temporary entry but not residence....
, a British Overseas citizen passport holder, spent the 13 months living in the duty free section of Nairobi's Jomo Kenyatta airport, petitioning for full British Citizenship.
Statistics on British Citizenship
Statistics on persons granted British citizenship since 1984 are available on the Home Office website (in pdf format):2004,
2003, 2002,
2001,
2000,
1999,
1998,
1997,
1996,
1995,
1994,
1993,
1992,
1991,
1990,
1989,
1988,
1987,
1986,
1985,
1984
External links
- http://www.democracy.org.hk/en/apr1999/op_01.htmEmily Lau's Letter to former Foreign Secretary Robin CookRobin CookRobert Finlayson Cook was a British Labour Party politician, who was the Member of Parliament for Livingston from 1983 until his death, and notably served in the Cabinet as Foreign Secretary from 1997 to 2001....
] (In the letter sheEmily LauEmily Lau Wai-hing JP is one of two vice-chairmen of Democratic Party.She was the convenor of The Frontier...
urges the UK to include Hong Kong in its offer to extend British citizenship to colonial citizens) - Home Office Nationality Instructions (British nationality policy and background notes)
- British Nationality Acts: 1981, 1965, 1964, 1958, 1948, 1772, 1730