British Nationality and Citizenship

Introduction

British nationality law determines who is a British citizen and who has the right of abode in the United Kingdom. The law is governed principally by the British Nationality Act 1981 (BNA 1981), which created three main categories of British nationality: British citizenship, British Overseas Territories citizenship, and British Overseas citizenship. The Act also provides for British subject status and British protected person status. British citizenship confers the right of abode — the right to live, work, and vote in the United Kingdom without immigration controls.

The British Nationality Act 1981

The British Nationality Act 1981 replaced the previous system based on citizenship of the United Kingdom and Colonies (CUKC), which had been established by the British Nationality Act 1948. The 1981 Act came into force on 1 January 1983 and created separate citizenship categories for the UK, the British Overseas Territories, and British Overseas citizenship.

The Act defines the different categories of British nationality and sets out the methods by which nationality may be acquired: by birth in the UK; by descent from a British citizen; by registration (for certain categories, including children and British Overseas Territories citizens); and by naturalisation.

Acquisition by Birth

A person born in the United Kingdom on or after 1 January 1983 is automatically a British citizen if at the time of birth their mother or father was a British citizen or was settled in the UK (having indefinite leave to remain). A person born in the UK who does not acquire British citizenship at birth may be entitled to register as a British citizen within the first ten years of life, or may be entitled to naturalise later.

A person born outside the UK is a British citizen by descent if at the time of birth their mother or father was a British citizen otherwise than by descent. British citizenship by descent may be passed to one further generation born outside the UK, but only if specific conditions are met.

Naturalisation

Naturalisation is the process by which a person who is not a British citizen may apply to become one. The requirements for naturalisation are set out in Schedule 1 to the BNA 1981 and include: the applicant must be aged 18 or over; must be of good character; must have sufficient knowledge of English, Welsh, or Scottish Gaelic; must have passed the Life in the UK test; and must meet the residence requirements.

The residence requirements for naturalisation as a British citizen are: the applicant must have been resident in the UK for at least five years; must not have been absent from the UK for more than 450 days during the five-year period (or 90 days in the last 12 months); and must have had indefinite leave to remain or permanent residence for the last 12 months.

For spouses and civil partners of British citizens, the residence period is reduced to three years. The discretion to waive the residence requirements in exceptional circumstances is limited.

Registration

Registration is a simpler process than naturalisation, available to certain categories of person, including: children born in the UK who do not acquire British citizenship at birth; children born outside the UK to British citizens by descent; certain British Overseas Territories citizens; and British Overseas citizens.

The BNA 1981 has been amended to extend the categories of persons eligible for registration, including children born to British mothers before 1983 who would have been British citizens had the law not discriminated on grounds of sex.

Deprivation of Citizenship

Section 40 of the BNA 1981 empowers the Secretary of State to deprive a person of their British citizenship by order if the Secretary of State is satisfied that deprivation is conducive to the public good. Deprivation may be ordered only where the person would not become stateless as a result, unless the citizenship was obtained by fraud, false representation, or concealment of a material fact.

The power to deprive citizenship has been used in cases involving terrorism and serious criminality. The decision to deprive is subject to judicial review, and the courts have held that the Secretary of State must give proper weight to the consequences of deprivation, including the impact on the individual’s family and rights under Article 8 of the European Convention.

Right of Abode

The right of abode is the right to live in the United Kingdom without immigration restrictions. British citizens and certain Commonwealth citizens who had the right of abode before 1983 have the right of abode. The right of abode is documented by a British passport or a certificate of entitlement.

Persons without the right of abode require leave to enter or remain in the UK, which may be granted subject to conditions including restrictions on employment, study, and access to public funds.

Dual Nationality

The United Kingdom permits dual nationality — a British citizen may also hold the nationality of another country without losing British citizenship. The recognition of dual nationality enables British citizens who acquire another nationality to retain their British citizenship and enables persons who naturalise as British citizens to retain their existing nationality if the other country permits dual nationality.

Conclusion

British nationality law under the British Nationality Act 1981 provides a comprehensive framework for the acquisition and loss of British citizenship. The categories of citizenship, the methods of acquisition, and the procedures for naturalisation and registration reflect the historical development of British nationality law and the UK’s immigration policy objectives.