British Nationality
The British Nationality Act 1981 came into force on 1 January 1983. It defines who is British by birth and how people may become British through naturalisation or registration.
Birth in the UK
People who were born in the UK before 1983 were automatically British citizens by birth. The only exception to this was children whose parents were working here as diplomats at the time they were born.
Anybody born here after 1 January 1983 is automatically British if at the time of the birth:
Where neither parent is British at the time of the child’s birth, but they later become settled, they can then apply for their child to naturalise.
If children are not able to inherit a nationality from either of their parents and are born stateless, and if they live in the UK for the first seven years of their life without gaining any nationality, their parents can apply for them to settle and then become British. The Nationality Immigration and Asylum act 2002 provides that stateless children can acquire nationality after five years of continual residence, but this provision is not yet in force.
Naturalisation
People who are settled here may be eligible to apply for British citizenship by naturalisation. If an applicant is married to a British citizen acquiring citizenship is relatively straightforward. Applicants must show that:
Duty to Give Reasons
In all cases of naturalisation, the Home Office claimed that it did not have to give any reasons for refusing an application. However, the courts have held that where the Home Office is intending to refuse British nationality for particular reasons, the applicant must be afforded the chance to comment before a final decision is made. If the reason for refusal is technical, such as having been abroad longer than allowed, the Home Office will generally inform the applicant. There is no right of appeal against refusal although it is possible to reapply. Since the Al Fayed brothers challenged the Home Office refusals to give any reasons for refusing them a passport, the Home Secretary announced in December 1997 that in future, ‘in principle’, reasons for refusal of citizenship would be given.
Deprivation of Citizenship
The Home Office now has the power to deprive a person of citizenship where it is satisfied that that person has done something seriously prejudicial to the vital interests of the UK or a British Overseas Territory. The power has been introduced as another mechanism for combating those perceived to be connected with terrorist activities.
This facility adds to the previous power to revoke citizenship, which existed where naturalisation or registration was demonstrably achieved pursuant to fraud, false representations or the concealment of material facts.
These powers cannot be exercised, however, if the subject would be rendered stateless as a result, and a right of appeal exists.
Birth in the UK
People who were born in the UK before 1983 were automatically British citizens by birth. The only exception to this was children whose parents were working here as diplomats at the time they were born.
Anybody born here after 1 January 1983 is automatically British if at the time of the birth:
- One of their parents was a British citizen.
- One of their parents was allowed to stay here permanently.
Where neither parent is British at the time of the child’s birth, but they later become settled, they can then apply for their child to naturalise.
If children are not able to inherit a nationality from either of their parents and are born stateless, and if they live in the UK for the first seven years of their life without gaining any nationality, their parents can apply for them to settle and then become British. The Nationality Immigration and Asylum act 2002 provides that stateless children can acquire nationality after five years of continual residence, but this provision is not yet in force.
Naturalisation
People who are settled here may be eligible to apply for British citizenship by naturalisation. If an applicant is married to a British citizen acquiring citizenship is relatively straightforward. Applicants must show that:
- They are settled here.
- They have lived here legally for at least three years and have not been out of the UK for more than 270 days in that period, nor more than 90 days in the year before the application.
- They are of good character.
- They have been settled here for at least a year.
- They have lived here legally for at least five years and have not been out of the UK for more than 450 days in those years, nor more than 90 days in the year before the application.
- They are of good character.
- They intend to continue to live in the UK.
Duty to Give Reasons
In all cases of naturalisation, the Home Office claimed that it did not have to give any reasons for refusing an application. However, the courts have held that where the Home Office is intending to refuse British nationality for particular reasons, the applicant must be afforded the chance to comment before a final decision is made. If the reason for refusal is technical, such as having been abroad longer than allowed, the Home Office will generally inform the applicant. There is no right of appeal against refusal although it is possible to reapply. Since the Al Fayed brothers challenged the Home Office refusals to give any reasons for refusing them a passport, the Home Secretary announced in December 1997 that in future, ‘in principle’, reasons for refusal of citizenship would be given.
Deprivation of Citizenship
The Home Office now has the power to deprive a person of citizenship where it is satisfied that that person has done something seriously prejudicial to the vital interests of the UK or a British Overseas Territory. The power has been introduced as another mechanism for combating those perceived to be connected with terrorist activities.
This facility adds to the previous power to revoke citizenship, which existed where naturalisation or registration was demonstrably achieved pursuant to fraud, false representations or the concealment of material facts.
These powers cannot be exercised, however, if the subject would be rendered stateless as a result, and a right of appeal exists.
