The
British Nationality Act 1981 was an
Act of ParliamentAn act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament....
passed by the British Parliament concerning British
nationalityNationality is the relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person and affords the person the protection of the state....
. It has been the basis of
British nationality lawBritish nationality law is the law of the United Kingdom concerning citizenship and other categories of British nationality. The law is complex owing to the United Kingdom's former status as an imperial power.-History:...
since 1 January 1983.
In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the
British Nationality Act 1948The British Nationality Act 1948 was an Act of the British Parliament which established the status of Citizen of the United Kingdom and Colonies , the national citizenship of the United Kingdom and those places that were still British colonies on 1 January 1949, when the 1948 Act came into force...
came into force on 1 January 1949. In 1977, a
Green PaperIn Britain, other similar Commonwealth jurisdictions , and the Republic of Ireland, a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
was produced outlining options for reform of the nationality code.
The
British Nationality Act 1981 was an
Act of ParliamentAn act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament....
passed by the British Parliament concerning British
nationalityNationality is the relationship between a person and their state of origin, culture, association, affiliation and/or loyalty. Nationality affords the state jurisdiction over the person and affords the person the protection of the state....
. It has been the basis of
British nationality lawBritish nationality law is the law of the United Kingdom concerning citizenship and other categories of British nationality. The law is complex owing to the United Kingdom's former status as an imperial power.-History:...
since 1 January 1983.
History
In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the
British Nationality Act 1948The British Nationality Act 1948 was an Act of the British Parliament which established the status of Citizen of the United Kingdom and Colonies , the national citizenship of the United Kingdom and those places that were still British colonies on 1 January 1949, when the 1948 Act came into force...
came into force on 1 January 1949. In 1977, a
Green PaperIn Britain, other similar Commonwealth jurisdictions , and the Republic of Ireland, a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
was produced outlining options for reform of the nationality code. This was followed in 1980 by a
White PaperA White paper is an authoritative report or guide that often addresses issues and how to solve them. White papers are used to educate readers and help people make decisions...
containing the government's specific plans for change. The
British Nationality Act 1981 received
Royal AssentThe granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. While the power to withhold Royal Assent was once exercised often, it is exceedingly rare in the modern, democratic...
on 30 October 1981 and came into force on 1 January 1983.
Subsequently, the British Nationality Act has been significantly amended, including:
- British Nationality (Falkland Islands) Act 1983
The British Nationality Act 1983 was an Act of Parliament passed by the British Parliament, which came into force on January 1, 1983...
- Hong Kong Act 1985 and Hong Kong (British Nationality) Order 1986
- British Nationality (Hong Kong) Act 1990, which introduced the British Nationality Selection Scheme
The British Nationality Selection Scheme was a process used to grant British citizenship to selected persons in Hong Kong between 1990 and 1997.-Basis of the scheme:...
- Hong Kong (War Wives and Widows) Act 1996
- British Nationality (Hong Kong) Act 1997
- Adoption (Intercountry Aspects) Act 1999
- British Overseas Territories Act 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. It makes provision for the renaming of the British Dependent Territories as British Overseas Territories, and the renaming of associated...
- Nationality, Immigration and Asylum Act 2002
- Immigration, Asylum and Nationality Act 2006
The Immigration, Asylum and Nationality Act 2006 is a United Kingdom Act of Parliament made law on 30 March 2006. It is the fifth major piece of legislation relating to immigration and asylum since 1993.-Commencement Orders:...
Reclassification of United Kingdom and Colonies citizenship
The Act reclassified
Citizenship of the United Kingdom and Colonies (CUKC) into three categories:
- British citizenship
- British Dependent Territories citizenship
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
(BDTC); and
- British Overseas citizenship.
Since 1962, with the passage of the
Commonwealth Immigrants Act 1962, not all CUKCs had the
Right of AbodeRight of abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-Commonwealth citizens and British subjects:...
in the United Kingdom. The Act sought to restore once again the link between citizenship and right of abode by providing that British citizenship - held by those with a close connection with the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
,
Isle of ManThe Isle of Man , or Mann , is a self-governing British Crown dependency, located in the Irish Sea between the islands of Britain and Ireland. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Crown is represented by a Lieutenant Governor...
and
Channel IslandsThe Channel Islands are an archipelago in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
- would
automatically carry a right of abode in the UK. The other categories of British nationality would not hold such status based on nationality, although in some cases would do so under the immigration laws.
Whilst in opposition in 1977, the Conservative Party asked
Edward GardnerSir Edward Lucas Gardner, QC was a barrister and British Conservative Party politician.-Early Life:Gardner was born in Preston, Lancashire on 10 May 1912 and was educated at Hutton Grammar School...
to chair a study group to provide advice on changes to the nationality laws. The resultant
Green paperIn Britain, other similar Commonwealth jurisdictions , and the Republic of Ireland, a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
, "Who Do We Think We Are?", was published in 1980 and its threefold definition of nationality formed the basis for the Government's legislation. Originally the paper proposed just two categories of British nationality, British citizenship and British Overseas citizenship. However, the British Dependent Territory governments successfully lobbied for an additional category of nationality which would cater for those with close connections to any of the British territories.
Modification of Jus soli
The Act also modified the application of
Jus soliJus soli or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state...
in British nationality. Prior to the Act coming into force, any person born in Britain (with limited exceptions such as children of diplomats and
enemy aliens) was entitled to British Citizenship. After the Act came into force, it was necessary for at least one parent of a United Kingdom-born child to be a British citizen
or "settled" in the United Kingdom (a
permanent residentPermanent residence may refer to:* Permanent Residence * Permanent residence * Permanent residency* Permanent resident...
).
As a result, even following the coming into force of the Act, the vast majority of children born in the United Kingdom still acquire British citizenship at birth. Special provisions are made for non-British UK born children to acquire British citizenship in certain circumstances.
Other changes
The Act made a variety of other changes to the law:
- Mothers as well as fathers were allowed to pass on British citizenship to their children.
- The term Commonwealth citizen
A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
was used to replace British subjectIn British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
. Under the Act, the term British subjectIn British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
was restricted to certain persons holding British nationality through connections with British India or the Republic of IrelandIreland is a country in north-western Europe. The modern sovereign state occupies about five-sixths of the island of Ireland, which was partitioned on 3 May 1921. It is a parliamentary democracy and a republic...
before 1949.
- Right of Abode
Right of abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-Commonwealth citizens and British subjects:...
could no longer be acquired by non-British citizens. A limited number of Commonwealth citizens holding Right of Abode were allowed to retain it.
- The rights of Commonwealth and Irish citizens to become British citizens by registration were removed and instead they were to be expected to apply for naturalisation if they wanted to acquire British citizenship.
- Special provision was made for persons from Gibraltar
Gibraltar is a self-governing British overseas territory located on the southern end of the Iberian Peninsula and Europe at the entrance of the Mediterranean overlooking the Strait of Gibraltar. The territory covers and shares a land border with Spain to the north...
to acquire British citizenship.
- Women married to British men could no longer acquire British citizenship purely by marriage.
- British Crown Colonies were renamed British Dependent Territories (subsequently amended to British Overseas Territories)
In some cases, transitional arrangements were made that preserved certain aspects of the old legislation. Most of these expired on 31 December 1982, five years after the Act came into force.
Criticisms
Critics argued that one of the main political motivations behind the new law was to deny most
Hong KongHong Kong , officially the Hong Kong Special Administrative Region, is a highly autonomous territory of the People's Republic of China, facing Guangdong to the north and the South China Sea to the east, west and south...
-born Chinese people the right of residency in the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
in the time preceding the
Sino-British Joint DeclarationThe Sino-British Joint Declaration, formally known as the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, was signed by the Prime Ministers, Zhao Ziyang and Margaret...
in 1985 and later the hand-over of
Hong KongHong Kong , officially the Hong Kong Special Administrative Region, is a highly autonomous territory of the People's Republic of China, facing Guangdong to the north and the South China Sea to the east, west and south...
(then the largest British Colony), to
ChineseChina is a cultural region, an ancient civilization, and, depending on perspective, a national or multinational entity extending over a large area in East Asia....
sovereigntySovereignty is the quality of having supreme, independent authority over a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
in 1997. However, persons from Hong Kong had lost the automatic right to live in the United Kingdom in 1962 and the Act did not change the substance of that fact.
The act is also seen as a minor factor in precipitating the
Falklands WarThe Falklands War , also called the Falklands Conflict/Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
, as
ArgentinaArgentina, officially the Argentine Republic , is the second largest country in South America, constituted as a federation of 23 provinces and an autonomous city, Buenos Aires. It is the eighth largest country in the world by land area and the largest among Spanish-speaking nations, though Mexico,...
apparently saw the move as a sign of disengagement of the United Kingdom from its Falklands dependency. After the war, full British citizenship was granted to the Falkland Islands.
Other criticisms were levelled at the time at the removal of the automatic right to citizenship by birth in the United Kingdom. However, due to the fact that UK-born children of permanent residents are automatically British, the number of non-British children born in the United Kingdom is relatively small. Special provisions made in the Act for those who do not have another nationality, and for those who lived a long time in the United Kingdom, have meant there is little pressure for any change to the current law. Similar legislation has been enacted in
AustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the continental mainland , the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans...
(1986),
Republic of IrelandIreland is a country in north-western Europe. The modern sovereign state occupies about five-sixths of the island of Ireland, which was partitioned on 3 May 1921. It is a parliamentary democracy and a republic...
(2005) and
New ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses , and numerous smaller islands, most notably Stewart Island/Rakiura and the Chatham Islands. The indigenous Māori named New Zealand Aotearoa, commonly translated as The Land of the Long White Cloud...
(2006).
External links
. (Note that this website does not include the most recent amendments to this Act.)
See also
- Denaturalization laws
- British nationality law
British nationality law is the law of the United Kingdom concerning citizenship and other categories of British nationality. The law is complex owing to the United Kingdom's former status as an imperial power.-History:...
- History of British nationality law
- Early English and British nationality law :British nationality law has its origins in mediaeval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...