British nationality law

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British citizenship law is a United Kingdom law concerning citizenship and other UK nationalities. The law is complicated by the historical status of the British Empire as an imperial power.

Video British nationality law

History

British law and Scottish law always distinguish between Monarch subjects and foreigners, but British national laws are not recognized until the British Nationality and Status of the Aliens Act 1914 codified existing general laws and laws, with some minor changes.

Some people think that the status of a single Empire "English subject" becomes increasingly inadequate to deal with the Commonwealth with independent member states. In 1948, the head of the Commonwealth Government agreed that every member would adopt national citizenship (Canada had done so), but that the existing status of the English subject would continue as a common status held by all citizens of the Commonwealth.

The 1948 Nationality Act stipulates the status of the British Citizens and Colonies (CUKC), the national nationality of the British Empire and the colony on 1 January 1949. Until the early 1960s there was little difference, if any, in law England between CUKC rights and other English subjects, all of whom have the right at any time to enter and stay in the UK.

The story of Independence, passed when the remaining colonies were granted independence, contained the provisions of citizenship. In general, this provision withdraws CUKC status from anyone who becomes a citizen of a newly independent country, unless there is a relationship with the UK or the remaining colonies (eg by birth in the UK). Exceptions are sometimes made in cases where the colony does not become independent. (Important cases include Penang and Malacca, which are part of the Federation of Malaya and Hong Kong, which are part of the People's Republic of China: CUKC status is not withdrawn from CUKCs from Penang and Malacca, and a new British citizenship status is created for Hong Kong. )

Between 1962 and 1971, as a result of concerns about rising immigration by Commonwealth citizens from Asia and Africa, Britain gradually tightened British immigration controls from other parts of the Commonwealth. The Immigration Act of 1971 introduces the concept of patriality, in which only English subjects with strong links to the British Isles (ie English, Channel Islands and the Isle of Man) have the right of residence >, the right to live and work in the Islands.

The main English civic legislation now in effect is the British Nationality Act of 1981, which sets the current system of several British national categories, ie. British Citizens , British Foreign Citizens , British English Citizens , British Citizens (Overseas) , English subject , and English-protected . Only British citizens and certain Commonwealth citizens have automatic resident rights in the UK.

The 1981 law no longer recognizes Commonwealth citizens as British citizens. There are only two categories of people who remain British subjects: they (formerly known as the subjects of stateless English) who acquired British citizenship through relationships with the former British Indians, and those connected with the Republic of Ireland before 1949 who had made a declaration to retain British citizenship. English subjects related to the former British Indians lost British citizenship if they obtained another.

Despite the fact that the 1981 action revoked most of the 1948 provisions of the action and the national clause in subsequent independence acts, the acquisition of a new category of British nationality created by the 1981 act often depended on the nationality status before 1 January 1983, on 1981 the act came into force, of the 1948 action and the subsequent independence act is still relevant. Not taking into account this can lead us to the false conclusion, for example, that the 1981 national registration of the Kenya Act of Independence in 1963 restored British citizenship to those who lost their CUKC status as a result of Kenya's independence in 1963. This is wrong one reason for the complexity of British citizenship law; in complex cases, determining the status of British citizenship requires the examination of some citizenship action in its original form.

Maps British nationality law

English nationality

There are currently six British nationalities.

Active category

The following two English nationalities are "active", meaning that they can be obtained at birth, or by naturalization or registration for any qualified person.

British citizens

Persons who are British citizens usually hold this status in connection with the United Kingdom, the Channel Islands and the Isle of Man ("England and Islands"), or, since 2002, a connection with one of the British Overseas Territories (BOT) except Akrotiri and Dhekelia. British Citizens and Colonies (CUKCs) who have the right to stay under the Immigration Act of 1971 through relations with the British and the Islands generally became British citizens on January 1, 1983, and residents of the British Dependent Territory who were not fully connected with Akrotiri and Dhekelia obtained this status on May 21, 2002.

British citizenship is the most common British type of nationality, and the only one that automatically carries the right to live in the UK.

Other rights may vary according to how British citizenship is obtained. In particular there are restrictions to 'British citizens by descendants' of transmitting British citizenship to children born outside of the UK. This restriction does not apply to 'English citizens other than by offspring'.

British Overseas Citizens (formerly British Dependent Territories citizenship) (BOTC)

BOTC (formerly BDTC) is a form of British citizenship held by a connection with the British Overseas Territory (BOT). It is possible to hold BOTC and British citizenship simultaneously. Almost all of them are now British citizens as a result of the British Overseas Territories Act 2002.

Remnant categories

The four remaining categories are expected to become extinct with the passage of time. They can be given to children only under exceptional circumstances, for example, if the child is declared to have no nationality. Therefore there is little provision to get these nationalities by people who do not have them yet. To reduce de facto stateless, most are allowed to be registered as British citizens with no nationality or other nationalities.

English Overseas (BOC)

In general, most BOCs are CUKCs that are not eligible for British citizenship or British Dependency Territory Citizenship. Most derive their status as CUKC from former colonies, such as Malaysia and Kenya, due to the quirks and exceptions in the law which resulted in retaining their CUKC status regardless of the independence of their colonies. This is quite uncommon: most CUKC (including those from Malaysia and Kenya) lose their CUKC status after independence.

In 1997, BDTC with connections to Hong Kong became BOC after they did not register as UK citizen and would become stateless after the withdrawal of BDTC status from Hong Kong residents.

English Subject

The English subject (as defined in Act 1981) is an English subject not a CUKC or a citizen of another country in the Commonwealth. Most derive their status as British subjects from British India or the Republic of Ireland as they existed before 1949.

English National (Overseas) (BN (O))

BN (O) is a BDTC with connection to Hong Kong applying for registration as BN (O) ) before the surrender of Hong Kong to the People's Republic of China.

English Protected Persons (BPP)

The BPPs are from a protected part of the United Kingdom or an independent country independently under a "protection" of the United Kingdom, not an official part of the Royal power. The BPP status is sui generis - BPP is not a Commonwealth citizen ('English subject', in the old sense) and is not considered a British citizen, but also a foreigner.

Relationship with privileges

Only British citizenship status carries the right to live in a particular country or region (in this case the UK).

In practice, the BOTC (except those associated with the Sovereign base in Cyprus) was granted full British citizenship in 2002; BN (O) has the right to live or land rights in Hong Kong (note: not granted by the status itself, but the Hong Kong Immigration Ordinance) and qualifies for registration as a UK citizen if no other citizenship under Borders, Citizenship and Immigration Act 2009; BSs and BPP lose their status at the time of acquisition of other citizenship (except the BS connected to the Republic of Ireland) and must therefore be eligible for registration as a British citizen under the Nationality, Immigration and Asylum Act 2002.

UK citizens abroad are unique because their nationality status is not related to the right to residence, and only certain types of BOC are eligible to be registered as British citizens under the Citizenship, Immigration and Asylum Act 2002.

src: www.telegraph.co.uk

Acquisition of British citizenship

British citizenship can be obtained in the following ways:

1. lex soli : With a quality British birthday or British Overseas Territory that is a British citizen at the time of birth, or to a resident parent in England or the Overseas Territory
2. lex sanguinis : With a birth abroad, which is "by offspring" if one of the parents are English citizens other than by heredity (eg by birth, adoption, enrollment or naturalization in the UK). British citizenship by offspring can only be transferred to one generation down from parents who are British citizens other than by offspring, if the child is born abroad.
3. With naturalization
4. With registration
5. With adoption

For national purposes, the Channel Islands and the Isle of Man are generally treated as if they were part of the UK.

Information on British citizenship and other English nationalities is available from Her Majesty's Government. Information is also available on the provision to reduce stateless status.

The person obtaining citizenship by method (2) is called a British citizen by offspring ; those who obtain citizenship by the method (1), (3) or (5) are called British citizens other than by offspring . English citizens with registration, method (4), may be, depending on circumstances. Only citizens in addition to offspring can pass their nationality on to their offspring children or British Overseas Territory automatically; British citizens can inherit citizenship to their non-English children only by meeting the requirements of a particular UK residence and registering them before the age of 18.

English citizenship through births in the United Kingdom or the qualified UK Foreign Territory

From January 1, 1983, a child born in England to a British parent or 'settled' in Britain automatically became a British citizen from birth. This provision was extended to children born to such parents in the UK Foreign Territory other than Akrotiri and Dhekelia after May 21, 2002. Since January 13, 2010, a child born to a parent who was a member of the British Armed Forces at the time of birth also automatically obtains British citizenship if he is born in England or a qualified British Overseas Territory.

• Only one parent must meet this requirement.
A 'Settled' status usually means that the parent resides in the UK or the British Overseas Territory and has the right to stay (or similar status), or holds the Indefinite Leave to Remain (ILR), or EU/EEA citizen and owns permanent residence, or unrestricted by immigration laws to remain in the UK or the Foreign Territories. Irish citizens in Britain are considered to have fulfilled this purpose.
• To qualify under the terms of the armed forces, parents should be members of the armed forces at the time of child's birth.
• The special rule applies to cases where a child's parent is a citizen of a member country of the European Union or the European Economic Area, or Switzerland. The law in this case was amended on October 2, 2000 and April 30, 2006. See below for details.
• For children born before July 1, 2006, if the father meets these requirements, parents should be married. Marriage after birth is usually enough to confer British citizenship from then on.
• If the father does not marry the mother, the Office of the House usually enrolls the child because the UK provides the application and the child is the opposite Englishman. The child must be under 18 years of age on the enrollment date.
• Where, after the birth of the child, the parent then obtains British citizenship or "resident status", the child may be registered as a UK citizen using the MN1 Form provided he is under 18 years of age.
• If the child lives in the UK until the age of 10, there is a right of life to register as a UK citizen using Form T. The immigration status of the child and his or her parents is irrelevant. During each of the first 10 years of a child's life, he does not have to spend more than 90 days outside the UK (unless there is a 'special circumstance'). The applicant must have a good character when the application is created.
• A child who is born in the United Kingdom who is always and stateless can also qualify based on period 5, not 10 years, stay, using Form S3.
• Special provisions may apply to a child for obtaining British citizenship if the parent is a Foreign English citizen or an English citizen, or if the child is not a citizen.

Even if a child born in England on or after January 1, 1983 but does not obtain British citizenship at birth, the child is considered a legal resident of England and is not required to apply for leave to remain. The child, however, is subject to immigration control and the child's parent (s) may choose to apply for the regularization of the immigration status of the child by providing permanent leave (for the same period as that of the parent (s)). If a child leaves England, he or she must withhold leave to enter or remain to return to England.

Before 1983

Between 1949 and 1982, births in England or Crown Colonies were sufficient to confer the status of British Citizens and Colonies (CUKC) irrespective of parental status, although only CUKC with connections to England (ie, births in England or having parents or grandparents born in England) will have the right to stay in the UK after 1971 and will eventually become a British citizen in 1983. CUKCs without connections to the UK will be British Foreign nationals or Overseas British nationals in 1983 depending on whether they have connection with other BOT.

The only exception to this rule is the children of diplomats and foreign enemies. This exclusion does not apply to most visiting troops, so, in general, children born in Britain prior to 1983 to visit military personnel (eg US troops stationed in the UK) are CUKCs linked to the UK and will become citizens England in 1983, despite the second nationality.

English citizenship by offspring

"English citizenship by offspring" is a category for children born outside the UK or the Foreign Territories for UK citizens. The rules for obtaining British citizenship by offspring depend on when the person was born.

From 1983

A child born outside the UK on or after January 1, 1983 (or outside the British Overseas Territory on or after May 21, 2002) automatically obtains British citizenship by offspring if one parent is a British citizen if not than with offspring at the time of child's birth.

• At least one parent must be a British citizen other than a descendant .
• As a general rule, an unmarried father can not automatically pass British citizenship in the case of a child born before 1 July 2006. If a parent marries after birth, the child usually becomes a British citizen at that time if >> authorized by marriage and father is eligible to continue British citizenship. If an unmarried English father resides in a treated country (on the birth of a child born before 1 July 2006) a child born to an unmarried parent in the same way as a child born to a married parent, then the father British citizenship is automatic for their children, even though the child was born before 1 July 2006 for unmarried parents. These countries are listed in the publication of UK Home Office Immigration and Passport Services "Legitimacy and Domicile".
• Where a parent is a British citizen by offspring additional terms apply. In the most common scenario, parents are usually expected to have been living in the UK for three consecutive years and apply to register the child as a British citizen while the child is under age (clause 43, Border, Citizenship and Immigration Act 2009, effective starting January 13, 2010). Prior to this date, the age limit is 12 months.
• Prior to May 21, 2002, the Overseas Territories of Great Britain were treated as 'abroad' for national purposes. The exception was Gibraltar, a British citizen under the British Nationality Act of 1981; and the Falkland Islands, were granted British citizenship after the Falklands War under the British Nationality Act (Falkland Islands) 1983. Therefore, children born to such parents in the UK Foreign Territory other than those listed above obtain citizenship English by offspring if they were born before May 21, 2002, while children born on or after that day in the UK Foreign Territories (other than Akrotiri and Dhekelia) gained British citizenship if not with offspring as children born in England.
• Children born overseas to parents on Crown Services are usually granted English citizenship other than by offspring , so their status is the same as it should be if they were born in England.
• In exceptional cases, the Minister of the Interior may enroll a child of a parent who is an English by offspring as a British citizen under free terms, for example if the child is stateless or generations second or subsequent born abroad into a family of British citizens with strong links with the British, or in a 'state of compassion'.

Before 1983

Prior to 1983, as a general rule, CUKC status was transmitted automatically only for one generation, with enrollment in infancy possible for the next generation. Transmission only from the father, and only if the parents are married. (See History of English National Law.)

Children are not eligible for British citizenship at birth

Children born outside the UK before 1 January 1983 for a CUKC mother who became a British citizen on January 1, 1983 and a foreign father not a British citizen from birth, nor are children born between 1 January 1983 to 1 July 2006 for UK citizens fathers and foreign mothers out of wedlock.

From July 20, 2009, the 2009 Border, Citizenship and Immigration Act states that a person born outside the UK to an English mother may be entitled to register as a British citizen by offspring if the person is born before 1 January 1983. Prior to the change in 2009, only persons born after 7 February 1961 and before 1 January 1983 qualify for this provision which came into force in April 2003. The requirement for successful registration with SMEs is that the applicant became the son of an English mother born before 1983 and has a good character and attended a citizenship ceremony. Since 2010, there is no registration fee (from Ã, Â £ 540). However the applicant still has to pay Ã, Â £ 80 for the citizenship ceremony.

Beginning April 6, 2015, a child born out of wedlock prior to 1 July 2006 to an English father is entitled to register as a British citizen by offspring under the Immigration Act 2014 using the UKF form. Such a child must also meet the character requirements, pay the relevant processing fees and attend the citizenship ceremony. However, if the applicant has a claim to register as a British citizen under another clause of the English Act of 1981, or has obtained British citizenship after being legitimized, the petition shall be denied.

Or, if already in England, these children may be seeking naturalization as British citizens, who grant English citizenship that can be transferred instead of offspring.

British citizenship with adoption

A child adopted by a British citizen obtains British citizenship automatically if only:

• an adoption order made by a court in England, Channel Islands, Isle of Man or Falkland Islands on or after January 1, 1983, or in other British Foreign Territories on or after 21 May 2002; or
• This is an adoption of the Convention under the 1993 Hague Convention on Inter-Adoption adopted on or after 1 June 2003 and users normally reside in the UK on that date.

In both cases, at least one adoptive parent must be a British citizen on the date of adoption.

The requirements are different for the person adopted before 1983.

In all other cases, applications for enrollment of children as UK citizens must be made before the child is 18 years old. Usually this is provided as long as the Secretary of State accepts the adoption is bona fide and the child will be a British citizen if the child is natural of the adopters. Usually adoption should take place under the 'designated state' (most developed countries together with some other 'intended' for this purpose) and recognized in the UK. This is the standard method for children adopted by British citizens permanently living abroad to obtain British citizenship.

Cancellation or cancellation of an adoption order does not result in the loss of British citizenship acquired by such adoption.

British children adopted by non-English citizens have not lost British citizenship, even if they gain foreign citizenship as a result of adoption.

Anyone who obtains British citizenship by this method is an Englishman other than a descendant, meaning they have the same status as those born or naturalized in England and can pass on British citizenship to their children.

British citizenship with naturalization

Naturalization as a British citizen is at the discretion of the Minister of the Interior, who can grant British citizenship to anyone they deem "fit". Although the Home Office establishes an official requirement for naturalization, they may rule out one of them, or may deny citizenship to a person even if they meet all the requirements. However, applications for naturalization are usually provided if the requirements are met.

The requirement for naturalization as a British citizen depends on whether a person is a spouse or a civilian partner of a British citizen.

For those who marry or in civil partnership with UK citizens, the applicant must:

• Have unlimited leave to remain in the UK (or "equivalent" (for this purpose) such as the right of residence, Irish citizenship, or permanent residence as an EU/EEA citizen or a member of one's family) as they apply for naturalization. On 12 November 2015, EEA citizens are explicitly required to obtain evidence of permanent residence in the UK (in the form of permanent residence certificates) if they wish to become British citizens through naturalization. The proof of permanent residence is obtained by filling out the EEA (PR) form for Home approval Office.
• Have lived legally in England for three years
• Be of "good character", as perceived by the Head Office (in practice the Home Office conducts checks with the police and with other Government departments)
• shows sufficient knowledge of life in the UK, either by passing the Life in the United Kingdom exam or by attending an English class and combined citizenship. This evidence should be provided with one's application for naturalization. Exceptions to this and the language requirements (see below) are usually given to those aged 65 or over, and can be given to those between the ages of 60 and 65. Note that this is necessary for permanent residence, not just for citizenship, and couples already married can be deported if they can not pass the test. The test has invited controversy because it is "like a bad pub quiz" and the subject of a comprehensive critical report by Thom Brooks.
• Meets specific English, Welsh, or Scottish competency standards. Those who pass the Life in the UK exam are considered to be in compliance with the English language requirement

For those who are not married or in civil partnership with UK citizens, the requirements are:

• Five-year residence in the United Kingdom
• Unlimited leave for permanent or "equivalent" for this purpose (see above) must have been held for 12 months
• the applicant must intend to continue living in the UK or working abroad for the British government or any British company or association
• the same "good character" standard applies to those who are married to British citizens
• the same language and life knowledge in the UK standards apply to those who marry British citizens

Those applying for British citizenship on the Channel Islands and the Isle of Man (where the app is primarily based on residence in Crown Dependencies over the UK) do not have to undergo Life Test in the UK. In the Isle of Man, there is Life on the Isle of Man Test, which consists of several questions taken from the Life Test syllabus in the UK and certain questions taken from separate syllabuses that pertain to specific things for the Isle of Man. In due time it is expected that the Rules will be introduced to that effect on the Channel Islands. Provisions to prove knowledge of English, Welsh or Scottish Gaelic remain unchanged till date for applicants in Crown Dependencies. In rare cases where applicants can apply for naturalization from outside the UK, the paper version of the Life in the UK Test may be available on British diplomatic missions.

On February 11, 2009, waiting time for naturalization applications was reported for up to 6 months. The British Border Agency declared that this was due to the proposed broad change for immigration laws expected to take effect by the end of 2009.

The cost of naturalization (including the cost of a Citizenship ceremony) continues to rise much faster than inflation;

• In 2013, the cost for one applicant increased to Ã, Â £ 874.
• By 2014, the cost for one applicant increases to Ã, Â £ 906.
• By 2015, the cost for one applicant increases to Ã, Â £ 1005.
• By 2016, the cost for one applicant increases to Ã, £ 1236.
• In 2017, the cost for one applicant increases to Ã, Â £ 1282.
• By 2018, the cost for one applicant increases to Ã, £ 1330.

EEA and Swiss Citizens

The immigration status for citizens of European and Swiss Economic Zones has changed since 1983. This is important in terms of feasibility for naturalization, and whether the child born in England of such a person is a British citizen.

Before October 2, 2000

In general, before October 2, 2000, every EEA citizen exercising the right of the Treaty in England is considered "settled" in the UK. Therefore a child born from that person in England usually becomes a British citizen from birth.

October 2, 2000 to April 29, 2006

The Immigration Rules (European Economic Area) stipulate that with only a few exceptions, European Union citizens and countries of the European Economic Area are generally not considered "settled" in the UK unless they apply and obtain permanent residency permits. This is relevant in terms of eligibility to apply for naturalization or to obtain British citizenship for children born in the UK (born on or after 2 October 2000).

April 30, 2006 and so on

On April 30, 2006, the 2006 European Immigration Rule came into force, with EEA and Swiss citizens automatically obtaining permanent residence after 5 years living in England exercising the right of the Agreement.

Children born in Britain to the EEA/Swiss parents are usually British citizens automatically if at least one parent has exercised the Agreement right for five years. If the parent has lived in the UK for less than five years when the child is born, the child may be registered as an English under part 1 (3) of the UK National Law after the parents complete the five-year term.

Children born between October 2, 2000 and April 29, 2006 may be registered as British citizens as soon as one parent completes a five-year term using the Treaty rights in the United Kingdom.

Irish citizen

Because part 2 (1) of the Irish Act of 1949 (stating that the Republic of Ireland will not be treated as a foreign country for the purposes of British law), Irish citizens are exempt from this restriction and are usually treated as "settled" In England as soon as it takes place stay. This status may be threatened by Brexit, in the judgment of the law [in court] that has not been tested.

Swiss citizen

From 1 June 2002, Swiss citizens were granted EEA rights in the UK.

Greek, Spanish and Portuguese citizens

The Greeks did not get the full Treaty rights in England until January 1, 1988 and the citizens of Spain and Portugal did not obtain these rights until January 1, 1992.

Ten-year rule

Non-English children with an EEA or Swiss parent may be registered as an Englishman after parents become "settled" in the UK under the terms of the Immigration Rules relating to EEA citizens.

Separate rights exist for every English-born child who is enrolled as an English if they live in England until the age of 10 years, regardless of their parental immigration status.

Registration as a UK citizen

Registration is a simpler method of obtaining citizenship than naturalization, but only certain people are eligible.

British citizens (other than Britons) who have unlimited leave for residence or the right to stay in the UK are eligible for British citizenship with registration after five years of residence in the UK. This is a right under s4 Act 1981 ( registration part 4 ).

Other cases where persons are entitled to registration (whether as legal or policy issues) include:

• Children born in England where a parent obtains British citizenship or 'settled' status (for example, unlimited leave to remain) after the child is born provided he/she is under 18 years of age
• Children born in England who live in England until the age of 10 years
• Children born in the UK or in the UK Foreign Territories who are qualified for parents who are members of the armed forces after the birth of a child, if he or she is born on or after January 13, 2010
• Children born outside the UK or the UK Foreign Territory who are qualified for parents who are members of the armed forces at the time of childbirth and are placed outside the UK or a qualified BOT, if he or she is born or after January 13, 2010
• Children born to British father who is not married to mother
• British citizens, English subjects, and English-protected people who do not have another citizenship
• Certain British citizens from Hong Kong who meet the requirements of the 1996 Hong Kong War (1996) Act or Wikipedia (Hong Kong) 1997
• English citizens without stateless or other citizenship prior to March 19, 2009 (see Borders, Citizenship and Immigration Act 2009 on the extension of Section 4B of the English National Act 1981)
• A person born outside England to a mother born or naturalized in England.
• Certain children born outside the UK to British citizens by offspring
• Certain children born in English are stateless
• Persons who obtain British Overseas Territories citizenship after May 21, 2002 (except those connected only to the Cypriot Sovereign Base Area)
• Children under 18 who are adopted outside the UK by British citizens
• A former British citizen who leaves British citizenship

The Secretary of the Interior may exercise discretion under Article 3 (1) of the British Citizenship Act of 1981 and register a child as an English citizen even if he does not meet the formal criteria.

src: www.davidgray.co.uk

Acquisition of citizenship British Overseas Territories

The British Citizenship Act of 1981 contains provisions for obtaining and losing the British Dependency Citizenship (BDTC) (renamed Botanical Citizenship Overseas Territories UK (BOTC) in 2002) on a basis which is almost the same to them for British citizenship. The Secretary of the Interior has bestowed his power to provide the BOTC to the Governors of the Overseas Territories. Only in exceptional cases are people registered or naturalized as BOTC by Home Office in the UK.

On May 21, 2002, any BOTC without British citizenship (except those from the State Base Territory) automatically obtains it under the British Overseas Territories Act 2002 Act. Those who obtained BOTC by naturalization or registration after that date shall be entitled to register as an English citizen under S4A of the 1981 Act.

src: corpocrat.com

Acquisition of another category of English nationality

It is not uncommon for a person to obtain British citizenship abroad, National English (Foreign Affairs), English subject or UK-protected person status. They generally can not be transmitted by offspring, nor are they open to acquisition by registration, except for certain instances to prevent statelessness.

The Nationality, Immigration and Asylum Act 2002 awarded to UK Foreigners, British Subjects and Protected Persons is the right to register as an English citizen if they do not have citizenship or other nationality and not after July 4, 2002 leave , voluntarily released or lost through action or inaction of any nationality or nationality. Previously such people would not have the right to stay in any country, and thus would be a stateless country. Despite strong resistance from senior officials at the Headquarters, Home Affairs Minister David Blunkett said on July 3, 2002 that this would be a "wrong history" that caused tens of thousands of uncivilized citizens who had worked closely with the British colonial government.

People connected with former British colonies

British citizenship abroad is generally held by people relating to former British colonies and who did not lose their British nationality over the independence of the colonies.

English (Overseas) and Hong Kong

After the withdrawal of BDTC status from all BDTCs based on the relationship with Hong Kong on June 30, 1997, most of them are now British citizens (overseas) and/or British citizens (with or without Chinese citizenship), or citizens of China only. The remaining remain British citizens abroad.

Prior to the handover in 1997, the former BDTC from Hong Kong was able to obtain British citizenship under the laws passed in 1990, 1996 and 1997. In other cases, certain persons may already have British citizenship as a matter of entitlement or through registration under normal procedures.

Although it is no longer possible to obtain British National Status (Overseas) after December 31, 1997, stateless children are entitled to British citizenship and may register to become British citizens under Citizenship, Immigration and Asylum Act 2002 Since 2009, BN (O) stateless or other citizenship may register as a British citizen under the Borders, Citizenship and Immigration Act 2009 as well.

The British and BN (O) citizens of Chinese descent are full or partly Chinese nationals under Chinese law unless they have abandoned their Chinese nationality with the Hong Kong SAR Government. Because China does not recognize citizenship, these people are regarded by China as a sole Chinese citizen before and after Hong Kong's surrender and therefore are not eligible for consular protection while on Chinese soil. Despite holding the same citizenship under Chinese citizenship laws, Chinese nationals with connections to Hong Kong or Macau have been categorized differently from Chinese citizens domiciled in Mainland China.

In February 2006, in response to the widespread representation made by Lord Avebury and Tameem Ebrahim, the British authorities announced that 600 British citizenship applications of ethnic minority children of Indian descent from Hong Kong were rejected incorrectly. Applications date from the period July 1997 onwards. Where applicants in such cases assert that they still want to accept British citizenship, the decision is reconsidered on request. No additional fees are required in such cases. Templates for reconsideration are available to those who want the app to be reconsidered.

People born in the Republic of Ireland

About 800,000 people born before 1949 and connected with the Republic of Ireland remain entitled to claim the status of the British subject under section 31 of the 1981 Act.

Descendants of Electress Sophia of Hanover

The eligible descendants of the Sophia of Hanover Electress can hold British British citizenship on the basis of their status as British citizens before 1949. When such a person obtains the right to stay in England before 1983, it is possible for British citizenship to be acquired. See also History of English National Law and Sophia Naturalization Act 1705.

src: www.freemovement.org.uk

The loss of British citizenship

The release and return of British citizenship

All British nationality categories can be left with a declaration made for the Secretary of the Interior. A person ceases to be a British citizen on the date the Secretary of the Interior register a denial statement. If the declaration is registered in the hope of obtaining another citizenship but not obtained within six months of the registration, it has no effect and the person remains a British citizen.

Denials made to other authorities (such as general rejection made as part of US naturalization ceremonies) are not recognized by the British. The forms must be sent through the UK Border Agency's citizenship refusal process. There is a provision for the return of British citizenship or British national overseas citizenship which is denied for the purpose of obtaining or maintaining other nationalities. This can usually only be done once as a rights issue. Further opportunities to resume British citizenship are discretionary.

The subjects of English, British citizens and English citizens (Overseas) can not resume their British citizenship after renouncing the world.

Automatic loss of British citizenship

English subjects (other than English subjects based on relations with the Republic of Ireland) and British-protected people lost British citizenship after obtaining another nationality.

• This provision does not apply to UK citizens.
• Foreign citizens of England (BOTCs) who obtain other citizenship do not lose their BOTC status but they may be obliged to lose their status as members in their home region under immigration law. Such people are advised to contact the governor of the region for information.
• The British Foreign Citizens (BOCs) do not lose their BOC status after obtaining another citizenship but the right to register as British citizens on the basis of no other nationality no longer exists after obtaining another citizenship.

Deprivation of British citizenship

Under the 2006 Immigration, Asylum and Nationality Act, persons with dual citizenship who are British citizens may be deprived of their British citizenship if the Minister of Foreign Affairs is satisfied that "deprivation is conducive to the public good"; there is an appeal right. This provision has been in force since June 16, 2006 when Immigration, Citizenship and Asylum Act 2006 (Beginning No. 1) of the 2006 Order came into force. The loss of British nationality in this way applies to people born in England as British citizens and who also have other citizenship. Since the provision only applies to dual citizens, its application can not make people become stateless.

The Home Office does not release information about these cases and hold to answer questions, for example under the Freedom of Information Act 2000. On July 15, 2013 at least 17 people have lost their British nationality, in most cases on the recommendation of MI5. It seems the government usually waits until the person leaves the UK, then sends a warning notice to their British home and signs the seizure order one or two days later. An appeal is heard at the highly confidential Immigration Immigration Immigration Commission (SIAC), where the government may submit evidence that the applicant can not see or challenge.

Previously since 2003 on Nationality, Immigration and Asylum 2002, British citizens may lose their citizenship only if the Minister of Foreign Affairs is satisfied that they are responsible for acts that seriously harm the vital interests of the United Kingdom or the Foreign Territories.

A naturalized English citizen or is registered may lose British citizenship if obtained by fraud or concealment of material facts . . US, Canadian and Australian citizenship laws have similar provisions to deprive local citizens of citizens who obtain such citizenship through naturalization.

src: www.mybarrister.co.uk

Many citizenship and many citizens

Since the British National Act of 1948, there is generally no restriction in British law on the nationality of Britain from other countries.

Different rules apply to UK-protected people and certain English subjects. A person who is an English subject other than his relationship with the Republic of Ireland loses that status in obtaining citizenship or other nationality, and the English-protected person ceases to be that way in obtaining citizenship or other nationality. Although British nationals outside the UK are not subject to loss of citizenship, English citizens abroad may lose the right to register as British citizens under the 1981 Act if they obtain another citizenship.

A number of other countries do not allow much citizenship. If a person has British citizenship and is also a national of a country which does not permit dual citizenship, authorities in that country may assume the person has lost the nationality or may refuse to recognize British citizenship. British citizens who obtain a nation's nationality that does not permit dual citizenship may be required by another country to renounce British citizenship to retain other nationalities. None of this does affect a person's national status under English law.

Under the National Regulations of International Citizenship a state may not provide diplomatic protection to one of its citizens with dual citizenship in a country where the person also has citizenship.

A British citizen who obtained a naturalized foreign nationality prior to 1949 was considered to have lost the status of his English subject at the time. No specific provision was made in the 1948 law for the previous British subject to obtain or continue British citizenship, and hence such a person would not be a British citizen today. However, women who have lost British citizenship when married to foreign men before 1949 are considered to have regained the status of English subjects immediately prior to the enactment of 1948 acts.

Britain is a signatory to the Convention on Reducing Double Cases and Military Duties in Many Cases of Nationality (1963 Strasbourg Convention). Chapter 1 requires that people naturalized by other European member states automatically lose their original citizenship, but Britain only ratifies Chapter 2, so the convention does not limit the ability of British citizens to become dual citizens in other European countries.

src: c8.alamy.com

British citizenship ceremony

Beginning January 1, 2004, all new applicants for British citizenship with naturalization or registration age 18 or older if their application is successful must attend the citizenship ceremony and either make affirmation or take oath of allegiance to the king, and make an appointment for the UK.

The citizenship ceremony is usually organized by:

• local councils in England, Scotland and Wales
• Northern Ireland Office
• the Isle of Man, Jersey, and Guernsey governments
• Governor of the Outer Territories of Great Britain
• British consular offices outside the United Kingdom and territories.

People from the Republic of Ireland who were born before 1949 took back the status of English subjects under section 31 of the 1981 Act no need to attend a citizenship ceremony. If the person then submits an application for British citizenship by registration or naturalization, attend the necessary ceremony.

For those applying for British citizenship prior to 2004:

• the oath of allegiance is given personally by signing the form witnessed in the presence of an attorney or another accredited person
• people who already have British citizenship (other than UK-protected people) are released, as are citizens with the Queen as Head of State (such as Australia and Canada).

src: everythingzany.com

EU Citizenship

British citizens who are "citizens of the United Kingdom for the purposes of the European Union", namely:

• British citizens;
• English subject with the right to stay; and
• British Overseas Citizens connected to Gibraltar

has become EU citizens under EU law and enjoys the rights of freedom of movement and the right to vote in elections for the European Parliament. While in a non-EU country where there is no British embassy, ​​British citizens have the right to obtain consular protection from other EU state embassies in the country. British citizens may live and work in any country in the European Union as a result of the right to freedom of movement and residence provided in Article 21 of the EU Treaty.

Subject to the specific terms of the British Accession Agreement, British nationals connected to the Channel Islands and the Isle of Man (ie "Channel Islanders and Manxmen") have no right to live in other EU countries (except the Republic of Ireland through the Public Travel Area long established unless they have connections through offspring or residence in the UK.

src: www.freemovement.org.uk

Statistics on British Citizenship: 1998 to 2009

The Home Office Research and Statistics Division publishes an annual report with statistics on British citizenship grants categorized by prior type and nationality. Since 2003, the report also includes research on the level of retrieval for British citizenship.

src: everythingzany.com

Freedom of travel of British citizens

Visa requirements for UK citizens are administrative entry restrictions by other state authorities placed on British citizens. In 2017, UK residents have a free visa or visa on access to 173 countries and territories, the UK's 4th passport rating in terms of freedom of travel (tied with Austrian, Belgian, Dutch, French, Luxembourg, Norwegian and Singapore passports) Henley's visa. In addition, the World Tourism Organization also published a report on 15 January 2016 that ranked the UK's 1st passport in the world (tied with Denmark, Finland, Germany, Italy, Luxembourg and Singapore) in terms of freedom of movement, with a mobility index of 160 (from 215 without a visa weighing 1, a visa on arrival weighing 0.7, eVisa 0.5, and a traditional weighted visa 0).

Visa requirements for other UK citizen classes such as English Citizens (Foreign Affairs), UK Foreign Citizens, UK Foreign Residents, UK Protected Persons or British Subjects are different.

See also

• The British Citizenship Act
• Citizen Information Project
• Modern immigration to the United Kingdom
• Commonwealth Citizens

Note

External links

• House Nationalization Instructions: Volume 1, Volume 2
• English National Law: 1981, 1965, 1964, 1958, 1948, 1772, 1730
• Thom Brooks - The Citizenship Test 'Living in the UK': Is It Not Suitable for Purpose? report 2013
• The English Story , a summary at www.gov.uk from the Main Stories from 1844 to 2002 relevant to the English nationality and its principal effects, identifying the provisions still in effect. Includes Acts named "Aliens Act", "Naturalization Act", etc., Not limited to the so-called "British Nationality Act".
• An online tool to check if any UK citizens are by the British government

Source of the article : Wikipedia