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British nationality law



 
 
British nationality law is the law of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 concerning citizenship
Citizenship

Citizenship refers to a person's membership in a political community such as a country or city. It has different legal definitions in different countries....
 and other categories of British nationality
Nationality

Nationality is a 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....
. The law is complex owing to the United Kingdom's former status as an imperial
Imperialism

Imperialism has two meanings; one describing an action and the other describing an attitude.#Action: Imperialism is the practice of extending the power, control or rule by one country over areas outside its borders....
 power.

lass="link1" onMouseover='showByLink("m3680319",this)' onMouseout='hide("m3680319")'href="http://www.absoluteastronomy.com/topics/English_law">English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
 and Scots law
Scots law

Scots law is a unique Legal systems of the world with an ancient basis in Roman law. Grounded in Codification Civil law dating back to the Corpus Juris Civilis, it also features elements of common law with Legal institutions of Scotland in the High Middle Ages sources....
 have always distinguished between the Monarch's subjects and aliens.






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Flag of the United Kingdom
British nationality law is the law of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 concerning citizenship
Citizenship

Citizenship refers to a person's membership in a political community such as a country or city. It has different legal definitions in different countries....
 and other categories of British nationality
Nationality

Nationality is a 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....
. The law is complex owing to the United Kingdom's former status as an imperial
Imperialism

Imperialism has two meanings; one describing an action and the other describing an attitude.#Action: Imperialism is the practice of extending the power, control or rule by one country over areas outside its borders....
 power.

History

English law
English law

English law is the Legal systems of the world of England and Wales, and is the basis of common law legal systems used in most Commonwealth of Nations countriesand the United States ....
 and Scots law
Scots law

Scots law is a unique Legal systems of the world with an ancient basis in Roman law. Grounded in Codification Civil law dating back to the Corpus Juris Civilis, it also features elements of common law with Legal institutions of Scotland in the High Middle Ages sources....
 have always distinguished between the Monarch's subjects and aliens. Until 1914 British nationality law was uncodified. The British Nationality and Status of Aliens Act 1914 codified existing common law and statute, with a few minor changes. With the development of the modern Commonwealth of Nations
Commonwealth of Nations

The Commonwealth of Nations, also known as the Commonwealth or the British Commonwealth, is an intergovernmental organization of fifty-three independent member states....
 in the 20th century, the single Imperial status of 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....
 was increasingly inadequate to deal with the realities of a Commonwealth with independent member states. In 1948, the Commonwealth Heads of Government
Head of government

The head of government is the chief officer of the executive branch of a government, often presiding over a cabinet . In a parliamentary system, the head of government is often styled Prime Minister, President of the Government, Premier, etc....
 agreed that each member would adopt a national citizenship, but that the existing status of British subject would continue to be a common status held by all Commonwealth citizen
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....
s.

The British Nationality Act 1948
British Nationality Act 1948

The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom 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....
 established the status of Citizen of the United Kingdom and Colonies (CUKC), the national citizenship of the United Kingdom and those places that were still British colonies
Crown colony

A Crown colony was a type of colonial administration of the British Empire.Crown colonies were ruled by a governor appointed by The Crown . Though the term was not used at the time, the first of what would later become known as Crown colonies was the Colony of Virginia in the present-day United States, after the Crown took control from the...
 on 1 January 1949, when the 1948 Act came into force. However, until the early 1960s there was little difference, if any, in United Kingdom law between the rights of CUKCs and other British subjects, all of whom had the right at any time to enter and live in the United Kingdom.

Between 1962 and 1971, as a result of fears about increasing immigration by Commonwealth citizens from Asia
Asia

Asia is the world's largest and most populous continent. It covers 8.6% of the Earth's total surface area and, with over 4 billion people, it contains more than 60% of the world's current human population....
 and Africa
Africa

Africa is the world's second-largest and second most-populous continent, after Asia. At about 30.2 million km? including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area....
, the United Kingdom gradually tightened controls on immigration by British subjects from other parts of the Commonwealth. The Immigration Act 1971
Immigration Act 1971

The Immigration Act 1971 was an Act of Parliament of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of Commonwealth_Immigration_Act_1968, restricted immigration, especially primary immigration into the UK....
 introduced the concept of patriality, by which only British subjects with sufficiently strong links to the British Islands
British Islands

The term British Islands is used in the law of the United Kingdom to refer collectively to the following four states:*the United Kingdom of Great Britain and Northern Ireland;...
 (i.e. the United Kingdom, the Channel Islands
Channel Islands

The Channel Islands are a group of islands in the English Channel, off the France 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 , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
) had right of abode, the right to live and work in the United Kingdom and Islands.

Although there have been several amendments to the 1971 Act in the intervening years, the principal British nationality law today is the British Nationality Act 1981
British 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....
, which established the current system of multiple categories of British nationality, viz. British citizens, British Overseas Territories citizens, British Overseas citizens, British Nationals (Overseas), British subjects and British protected persons. Only British citizenship includes the automatic right of abode in the United Kingdom.

The 1981 Act also ceased to recognise Commonwealth citizens as British subjects. There remain only two categories of people who are still British subjects: some people (formerly known as British subjects without citizenship) who originally acquired British nationality through a connection with former British India, and also a number of people connected with the Republic of Ireland before 1949 who have made a declaration to retain British nationality. Those British subjects connected with former British India lose British nationality if they acquire any other.

Classes of British nationality

There are currently several classes of British national:
  • British citizens
British Citizens usually hold this status through a connection with the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
, Channel Islands
Channel Islands

The Channel Islands are a group of islands in the English Channel, off the France coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey....
 and Isle of Man
Isle of Man

The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
 ("United Kingdom and Islands"). Former Citizens of the United Kingdom and Colonies (CUKCs) who possessed right of abode
Right of Abode (United Kingdom)

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....
 under the Immigration Act 1971
Immigration Act 1971

The Immigration Act 1971 was an Act of Parliament of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of Commonwealth_Immigration_Act_1968, restricted immigration, especially primary immigration into the UK....
 through a connection with the United Kingdom and Islands generally became British citizens on 1 January 1983.


British citizenship is the most common type of British nationality, and the only one that automatically carries a right of abode in the United Kingdom.


However, other rights can vary according to how the British citizenship was acquired. In particular there are restrictions for 'British citizens by descent' transmitting British citizenship to their children born outside the UK. These restrictions don't apply to 'British citizens other than by descent'.


  • British Overseas Territories citizen
    British Overseas Territories citizen

    The status of British Overseas Territories citizen relates to persons holding British nationality law by virtue of a connection with a British Overseas Territories....
    s (formerly British Dependent Territories citizenship) (BOTC)


BOTC (formerly BDTC) is the form of British nationality held by connection with an existing overseas territory
Crown colony

A Crown colony was a type of colonial administration of the British Empire.Crown colonies were ruled by a governor appointed by The Crown . Though the term was not used at the time, the first of what would later become known as Crown colonies was the Colony of Virginia in the present-day United States, after the Crown took control from the...
. Nearly all are now also British citizens as a result of the British Overseas Territories Act 2002
British Overseas Territories Act 2002

The British Overseas Territories Act 2002 is an Act of Parliament of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981....
. It is possible to hold BOTC and British citizenship simultaneously.


  • British Overseas citizen
    British Overseas citizen

    In 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....
    s (BOC)


BOCs are those former CUKCs who did not qualify for either British citizenship or British Dependent Territories citizenship. Most of these derived their status as CUKCs from former colonies, such as Malaysia
Malaysia

Malaysia is a federation that consists of States of Malaysia in Southeast Asia with a total landmass of . The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government....
 and Kenya
Kenya

The Republic of Kenya is a country in East Africa. It is bordered by Ethiopia to the north, Somalia to the northeast, Tanzania to the south, Uganda to the west, and Sudan to the northwest, with the Indian Ocean running along the southeast border....
.
  • 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....
    s


British subjects (as defined in the 1981 Act) are those British subjects who were not CUKCs or citizens of any other Commonwealth country. Most of these derived their status as British subjects from British India
British Raj

British Raj primarily refers to the British rule in the Indian subcontinent between 1858 and 1947; it can also refer to the period of dominion, and even the region under the rule....
 or the Republic of Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
 as they existed before 1949.


  • British Nationals (Overseas)
    British National (Overseas)

    British National , commonly known as BN, is one of the major classes of British nationality under British nationality law. Holders of this nationality are Commonwealth citizens, but not British nationality laws....
     (BNO)


The status of BNO did not originally exist under the 1981 scheme, but was created by the Hong Kong Act 1985 and the British Nationality (Hong Kong) Order 1986. BNOs are those former Hong Kong
Hong Kong

Hong Kong , officially the Hong Kong Special Administrative Region, is a territory located in Southern China in East Asia, bordering the province of Guangdong to the north and facing the South China Sea to the east, west and south....
 BDTCs who applied for the status of BNO prior to the handover of Hong Kong to the People's Republic of China
People's Republic of China

The People's Republic of China , commonly known as China, is the largest country in East Asia and the List of countries by population in the world with over 1.3 billion people, approximately a fifth of the world's population....
. Hong Kong BDTCs who did not apply to become BNOs, and who did not gain PRC nationality after the handover, became BOCs if they did not have any other nationality.


  • British protected person
    British protected person

    The status of British protected person is a status held by certain persons under the British Nationality Act 1981. It is not traditionally considered a form of British nationality - as British protected persons are not Commonwealth citizens in British nationality law, they do not have full civil rights in the United Kingdom....
    s (BPP)


BPPs derive from those parts of the British Empire
British Empire

The British Empire comprised the dominions, Crown colony, protectorates, League of Nations mandate, and other Dependent territory ruled or administered by the United Kingdom , that had originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries....
 which were not officially part of the Crown's dominions, but were instead protectorate
Protectorate

A protectorate, in international law, is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity, in exchange for which the protectorate usually accepts specified obligations, which may vary greatly, depending on the real nature of their relationship....
s or protected state
Protected state

A protected state held a similar status to that of a protectorate as part of the British Empire, except that it usually had a functioning system of internal self-government....
s with nominally independent rulers under the "protection" of the British Crown. The status of BPP is sui generis
Sui generis

Sui generis is a Neo-Latin expression, literally meaning of its own kind/genus or unique in its characteristics. The expression was effectively created by Scholasticism philosophy to indicate an idea, an entity or a reality that cannot be included in a wider concept....
 - BPPs are not Commonwealth citizens (British subjects, in the old sense) and were not traditionally considered to be British nationals, but are not aliens either.


Of the various classes of British nationality and BPP status, all except British citizenship and British Overseas Territories citizenship are residual categories. This means that they will become extinct with the passage of time, as they can only be passed down to the national's children in exceptional circumstances, e.g. if the child would otherwise be stateless. There is, consequently, little provision for the acquisition of these classes of nationality by people who do not already have them.

Acquisition of British citizenship

British Citizenship can be acquired in the following ways:
  1. : By birth in the United Kingdom to a parent who is a British citizen at the time of the birth, or to a parent who is settled in the United Kingdom
  2. : By descent if one of the parents is a British citizen otherwise than by descent (for example by birth, adoption, registration or naturalisation in the United Kingdom). Thus, British actress Emma Watson
    Emma Watson

    Emma Charlotte Duerre Watson is a France-born United Kingdom actor who rose to prominence playing Hermione Granger, one of three starring roles in the Harry Potter films....
    , born in France
    France

    France , officially the French Republic , is a country whose Metropolitan France is located in Western Europe and that also comprises various Overseas departments and territories of France....
     to British parents, has British citizenship.
  3. By naturalisation
  4. By registration
  5. By adoption


For nationality purposes, the Channel Islands
Channel Islands

The Channel Islands are a group of islands in the English Channel, off the France coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey....
 and Isle of Man
Isle of Man

The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
 are generally treated as if they were part of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
.

which give information about how British citizenship and other kinds of British nationality can be held, applied for or renounced are available from the Home Office UK Border Agency (Formerly known as Border and Immigration Agency or BIA). Information is also available from the Home Office on .

Persons acquiring citizenship by method (2) are called citizens by descent, while citizens acquiring citizenship by methods (1), (3) or (5) are called citizens otherwise than by descent. British citizens by registration, method (4), may be either, depending on the circumstances. Only citizens otherwise than by descent can pass on their citizenship to their children born outside the UK automatically; citizens by descent can only pass on citizenship to their non-UK born children by registering them.

British citizenship by birth in the United Kingdom

Under the law in effect from 1 January 1983, a child born in the UK to a parent who is a British citizen or 'settled' in the UK is automatically a British citizen by birth.

  • Only one parent needs to meet this requirement, either the father or the mother.
  • "Settled" status in this context usually means the parent is resident in the United Kingdom and has the right of abode, holds Indefinite Leave to Remain
    Indefinite leave to remain

    Indefinite leave to remain is an immigration status granted to a person who does not hold Right of Abode in the United Kingdom, but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction....
     (ILR), or is the citizen of an EU/EEA country and has permanent residence. Irish citizens in the UK are also deemed to be settled for this purpose.
  • Special rules exist for cases where a parent of a child is a citizen of a European Union
    European Union

    The European Union is an economic and political union of 27 European Union member state, located primarily in Europe. It was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the pre-existing European Economic Community....
     or European Economic Area
    European Economic Area

    The European Economic Area came into being on 1 January 1994 following an agreement between member states of European Free Trade Association ,...
     member state, or Switzerland
    Switzerland

    Switzerland is a landlocked Swiss Alps country of roughly 7.7 million people in Western Europe with an area of 41,285 km?. Switzerland is a federal republic consisting of 26 states called Cantons of Switzerland....
    . The law in this respect was changed on 2 October 2000 and again on 30 April 2006. See below
    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 imperialism power....
     for details.
  • For children born before 1 July 2006, if only the father meets this requirement, the parents must be married. Marriage subsequent to the birth is normally enough to confer British citizenship from that point.
  • Where the father is not married to the mother, the Home Office will usually register the child as British provided an application is made and the child would have been British otherwise. The child must be aged under 18 on the date of application.
  • Where a parent subsequently acquires British citizenship or "settled" status, the child can be registered as British provided he or she is still aged under 18.
  • If the child lives in the UK until age 10 there is a lifetime entitlement to register as a British citizen. The immigration status of the child and his/her parents is irrelevant.
  • Special provisions may apply for the child to acquire British citizenship if a parent is a British Overseas citizen or British subject, or if the child is stateless.


Before 1983, birth in the UK was sufficient in itself to confer British nationality irrespective of the status of parents, with an exception only for children of diplomats and enemy aliens. This exception did not apply to most visiting forces, so, in general, children born in the UK before 1983 to visiting military personnel (eg US forces stationed in the UK) are British citizens by birth.

British Citizenship by descent

'British Citizenship by descent' is the category for the children born outside the UK to a British citizen. Rules for acquiring British citizenship by descent depend on when the person was born.

From 1983
A child born outside the UK on or after 1 January 1983 will automatically acquire British citizenship by descent if either parent is a British citizen otherwise than by descent at the time of the birth.

  • Only one parent needs to be British otherwise than by descent - either the father or the mother.
  • An unmarried father cannot pass on British citizenship automatically in the case of children born before 1 July 2006. Although, if the parents marry subsequent to the birth, the child normally will become a British citizen at that point if legitimated by the marriage and the father was eligible to pass on British citizenship.
  • Failing the above, the child can be registered as British if it would have been British if parents were married and application is made before the child is 18.
  • Where the parent is a British citizen by descent additional requirements apply. In the most common scenario, the parent is normally expected to have lived in the UK for three years and apply for the child to be registered as a British citizen within 12 months of the birth.
  • For British nationality purposes, the Isle of Man
    Isle of Man

    The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
     and Channel Islands
    Channel Islands

    The Channel Islands are a group of islands in the English Channel, off the France coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey....
     are treated as though they were part of the UK.
  • Before 21 May 2002, British Overseas Territories were treated as 'overseas' for nationality purposes. The exceptions were Gibraltar
    Gibraltar

    Gibraltar is a British overseas territory located near the southernmost tip of the Iberian Peninsula overlooking the Strait of Gibraltar. The territory shares a border with Spain to the north....
     who were British citzens per the British Nationality Act 1981
    British 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....
    ; and the Falkland Islands who were granted British citzenship following the Falklands War
    Falklands War

    The 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....
     per the British Nationality (Falkland Islands) Act 1983
    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. The purpose of the Act was to grant British citizenship to residents of the Falkland Islands, a Crown Colony in the South Atlantic....
     . For children born on or after 21 May 2002 in a British Overseas Territory (other than the Sovereign Base Areas of Cyprus) there is an entitlement to British citizenship on the same basis as UK-born children.
  • Children born overseas to parents on Crown Service are normally granted British citizenship otherwise than by descent. In other words, their status is the same as it would have been had they been born in the UK.
  • In exceptional cases, the Home Secretary may register a child of parents who are British by descent as a British citizen under discretionary provisions, for example if the child is stateless.


Prior to 1983
Prior to 1983, as a general rule British nationality could only be transmitted from the father through one generation only, and parents were required to be married. See History of British nationality law
History of British nationality law

This article concerns the history of British nationality law....
.

With effect from 30 April 2003, a person born outside the UK to a British mother 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 who are entitled to the right of abode may instead prefer to seek naturalisation as a British citizen which gives transmissible British citizenship otherwise than by descent. Requirements for successful registration are that the applicant be of good character and attend a citizenship ceremony.

British citizenship by adoption

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

  • the adoption order is made by a court in the United Kingdom, Channel Islands, Isle of Man or Falkland Islands on or after 1 January 1983, or in another British Overseas Territory on or after 21 May 2002; or
  • it is a Convention adoption under the 1993 Hague Convention
    Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption

    The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is an international convention dealing with international adoption....
     on Intercountry Adoption
    effected on or after 1 June 2003 and the adopters are habitually resident in the United Kingdom on that date.


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

In all other cases, an application for registration of the child as a British citizen must be made before the child is age 18. Usually this will be granted provided the Secretary of State accepts the adoption is bona fide and the child would have been a British citizen if the natural child of the adopters. Usually the adoption must have taken place under the law of a 'designated country' (most developed nations along with some others are 'designated' for this purpose) and be recognised in the UK. This is the standard method for children adopted by British citizens permanently resident overseas to acquire British citizenship.

The cancellation or annulment of an adoption order does not cause loss of British citizenship acquired by that adoption.

British children adopted by non-British nationals do not lose British nationality, even if they acquire a foreign nationality as a result of the adoption.

British citizenship by naturalisation

Naturalisation as a British citizen is at the discretion of 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 United Kingdom Home Office and is one of the Great Offices of State....
 (i.e., in practice, his or her officials). The Home Secretary may grant British citizenship to anyone they "think fit". Although the Home Office sets down a number of official requirements for naturalisation, the Home Office may waive any of these, and may refuse citizenship to a person even if they meet all of the requirements. However, applications for naturalisation are normally granted if the requirements are met.

The requirements for naturalisation as a British citizen depend on whether one is married to a British citizen or not.

For those married to a British citizen the applicant must:
  • hold indefinite leave to remain in the UK (or an "equivalent" (for this purpose) such as the right of abode, Irish citizenship, or permanent residency as a citizen of an EU/EEA)
  • have lived legally in the UK for three years
  • be of "good character", as deemed by the Home Office (in practice the Home Office will carry out checks with the police and with other Government departments)
  • show sufficient knowledge of life in the UK, either by passing the Life in the United Kingdom test
    Life 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 nationality law....
     or by attending combined English language and citizenship classes. Proof of this must be supplied with one's application for naturalisation. Exemption from this and the language requirement (see below) is normally granted for those aged 65 or over, and may be granted to those aged between 60 and 65
  • meet specified English
    English language

    English is a West Germanic language that originated in Anglo-Saxon England and has lingua franca status in many parts of the world as a result of the military, economic, scientific, political and cultural influence of the British Empire in the 18th, 19th and early 20th centuries and that of the United States from the mid 20th century onwa...
    , Welsh
    Welsh language

    Welsh ]], is a member of the Brythonic branch of Celtic languages spoken natively in Wales, in England by some along the Welsh Marches and in the Welsh settlement in Argentina in the Chubut Valley in Argentina Patagonia....
     or Scottish Gaelic language
    Scottish Gaelic language

    Scottish Gaelic is a member of the Goidelic languages branch of Celtic languages. This branch also includes the Irish language and Manx language languages....
     competence standards. Those who pass the Life in the UK test are deemed to meet English language requirements


For those not married to a British citizen the requirements are:
  • five years legal residence in the UK
  • indefinite leave to remain or "equivalent" for this purpose (see above) must have been held for 12 months
  • the applicant must intend to continue to live in the UK or work overseas for the UK government or a British corporation or association
  • the same "good character" standards apply as for those married to British citizens
  • the same language and knowledge of life in the UK standards apply as for those married to British citizens


Those applying for British citizenship in the Channel Islands and Isle of Man (where the application is mainly based on residence in the Crown Dependencies rather than the UK) do not have to sit the Life in the UK Test. Instead, in the Isle of Man, there is a Life in the Isle of Man Test, consisting of certain questions taken from the Life in the UK Test syllabus and certain questions taken from a separate syllabus relating to matters specific to the Isle of Man. In due course, it is expected that Regulations will be introduced to that effect in the Channel Islands. The provisions for proving knowledge of English, Welsh or Scottish Gaelic remain unchanged until that date for applicants in the Crown Dependencies. In the rare cases where an applicant is able to apply for naturalisation from outside the United Kingdom, a paper based version of the Life in the UK Test may be available at a British diplomatic mission.

As of 11 February 2009, wait times for naturalization applications were reportedly significant, taking up to 6 months to complete. The UK Border Agency stated that this was occurring because of the widespread changes proposed to the UK Immigration Laws likely to take effect in late 2009.

Citizens of EEA States and Switzerland

The immigration status for citizens of European Economic Area
European Economic Area

The European Economic Area came into being on 1 January 1994 following an agreement between member states of European Free Trade Association ,...
 states and Switzerland
Switzerland

Switzerland is a landlocked Swiss Alps country of roughly 7.7 million people in Western Europe with an area of 41,285 km?. Switzerland is a federal republic consisting of 26 states called Cantons of Switzerland....
 has varied since 1983. This is important in terms of eligibility for naturalisation, and whether the UK-born child of such a person is a British citizen.

Prior to 2 October 2000
In general, prior to 2 October 2000, any EEA citizen exercising Treaty rights in the United Kingdom was deemed to be "settled" in the United Kingdom. Hence a child born to that person in the United Kingdom would normally be a British citizen by birth.

2 October 2000 to 29 April 2006
The provided that with only a few exceptions, citizens of EU and European Economic Area
European Economic Area

The European Economic Area came into being on 1 January 1994 following an agreement between member states of European Free Trade Association ,...
 states are not generally considered to be "settled" in the UK unless they apply for and obtain permanent residency. This is relevant in terms of eligibility to apply for naturalisation or obtaining British citizenship for UK born children (born on or after 2 October 2000).

30 April 2006 onwards
A further change took place on 30 April 2006 with the coming into force of the . These provide that citizens of EEA states and Switzerland
Switzerland

Switzerland is a landlocked Swiss Alps country of roughly 7.7 million people in Western Europe with an area of 41,285 km?. Switzerland is a federal republic consisting of 26 states called Cantons of Switzerland....
 automatically acquire permanent residence after 5 years resident in the United Kingdom exercising Treaty rights.

Children born in the United Kingdom from this to EEA/Swiss parents will normally be British citizens automatically if at least one parent has been exercising Treaty rights for 5 years. If the parents have lived in the United Kingdom for less than 5 years when the child is born, the child may be registered as British under s1(3) of the British Nationality Act once the parents have completed 5 years residence in the United Kingdom.

Children born between 2 October 2000 and 29 April 2006 may be registered as British citizens as soon as one parent has completed 5 years residence exercising Treaty rights in the United Kingdom.

Irish citizens
Irish citizens, because of the Common Travel Area
Common Travel Area

The Common Travel Area is a passport-free zone that comprises the Republic of Ireland, the United Kingdom, the Isle of Man, Jersey and Guernsey....
 provisions between the UK and Republic of Ireland, are exempt from these restrictions and are normally treated as "settled" in the United Kingdom immediately upon taking up residence.

Swiss citizens
From 1 June 2002, citizens of Switzerland
Switzerland

Switzerland is a landlocked Swiss Alps country of roughly 7.7 million people in Western Europe with an area of 41,285 km?. Switzerland is a federal republic consisting of 26 states called Cantons of Switzerland....
 are accorded EEA
European Economic Area

The European Economic Area came into being on 1 January 1994 following an agreement between member states of European Free Trade Association ,...
 rights in the United Kingdom.

Citizens of Greece, Spain and Portugal
Greek citizens did not acquire full Treaty rights in the United Kingdom until 1 January 1988 and citizens of Spain and Portugal did not acquire these rights until 1 January 1992 .

Ten year rule
Non-British children with an EEA/Swiss parent may be registered as British once the parent becomes "settled" in the United Kingdom under the terms of the Immigration Regulations dealing with EEA citizens.

There is a separate entitlement for any such UK-born child to be registered as British if he or she lives in the United Kingdom until age 10, irrespective of parent's (or child's) immigration status.

Registration as a British citizen

Registration is a simpler method of acquiring citizenship than naturalisation, but only certain people are eligible for it.

British nationals (other than British citizens) who have indefinite leave to remain in the UK or right of abode, are eligible for British citizenship by registration after five years' residence in the United Kingdom. This is an entitlement under s4 of the 1981 Act (section 4 registration).

Other cases where persons may be entitled to registration (either as a matter of law or policy) include:

  • children born in the UK where a parent obtains British citizenship or indefinite leave to remain after the child is born
  • children born in the UK who live in the UK until age 10.
  • children born to a British father who is not married to the mother
  • British Overseas citizens, British subjects and British protected persons who have no other nationality
  • certain British nationals from Hong Kong who meet the requirements of the Hong Kong (War Wives and Widows) Act 1996 or the British Nationality (Hong Kong) Act 1997
  • persons born outside the UK to a British born or naturalised mother between 1961 and 1982
  • certain children born outside the UK to a British citizen by descent
  • certain children born in the UK who are stateless
  • persons who acquire British overseas territories citizenship after 21 May 2002 (except those connected solely with the Sovereign Base Areas of Cyprus)
  • children under 18 who are adopted outside the United Kingdom by British citizens
  • former British citizens who renounced British citizenship


Acquisition of British Overseas Territories citizenship

The British Nationality Act 1981
History of British nationality law

This article concerns the history of British nationality law....
 contains provisions for acquisition and loss of British Dependent Territories citizenship (BDTC) (renamed as British Overseas Territories citizen
British Overseas Territories citizen

The status of British Overseas Territories citizen relates to persons holding British nationality law by virtue of a connection with a British Overseas Territories....
ship
(BOTC) in 2002) on a broadly similar basis to those for British citizenship. The Home Secretary has delegated his powers to grant BOTC to the Governors of the Overseas Territories. Only in exceptional cases will a person be registered or naturalised as a BOTC by the Home Office in the United Kingdom.

On 21 May 2002 any BOTC who did not hold British citizenship (except those from the Sovereign Base Areas) automatically acquired it under the British Overseas Territories Act 2002. Those acquiring BOTC after that date are entitled to register as British citizens under s4A of the 1981 Act.

Acquisition of other categories of British nationality

It is currently unusual for a person to be able to acquire British Overseas citizenship, British National (Overseas), British subject or British protected person status. They are not generally transmissible by descent, and nor are they open to acquisition by registration, except for certain instances to prevent statelessness.

The 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 , the then Home Secretary, David Blunkett
David Blunkett

David Blunkett is a United Kingdom Labour Party politician and has been Member of Parliament for Sheffield Brightside since 1987. Blindness since birth and from a poor family in one of Sheffield most deprived districts, he rose to become Secretary of State for Education and Skills from 1997 to 2001, and then Secretary of State for the Home...
, 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 (see , BBC 5 July 2002).

Persons connected with former British colonies

British Overseas citizen
British Overseas citizen

In 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....
ship is generally held by persons connected with former British colonies.

British National (Overseas) and Hong Kong

Most former BDTCs by virtue of a connection with the former dependent territory of Hong Kong will now either be British Nationals (Overseas) (with or without citizenship of the People's Republic of China
People's Republic of China

The People's Republic of China , commonly known as China, is the largest country in East Asia and the List of countries by population in the world with over 1.3 billion people, approximately a fifth of the world's population....
), British Overseas citizens, or solely citizens of the PRC (The deadline for registering as a British National (Overseas) passed in 1997). There is no provision to acquire British National (Overseas) although stateless children born to such persons may be entitled to British Overseas citizenship and can apply to register as British citizens.

In some cases, former BDTCs from Hong Kong have been able to acquire British citizenship (BC) under special legislation passed in 1990, 1996 and 1997. In other cases, some former Hong Kong BDTCs hold British citizenship as a matter of entitlement or through acquisition under normal rules.

Most of these British nationals (BC and BN(O)) aforementioned have been recognized by the People's Republic of China
People's Republic of China

The People's Republic of China , commonly known as China, is the largest country in East Asia and the List of countries by population in the world with over 1.3 billion people, approximately a fifth of the world's population....
 as its citizens before and after the handover of Hong Kong. These PRC citizens of Hong Kong origin have been categorised differently from other PRC nationals from Macau
Macau

The Macau Special Administrative Region, , commonly known as Macau or Macao , is one of the two special administrative region of the People's Republic of China, the other being Hong Kong....
 and Mainland China
Mainland China

Mainland China, Continental China, the Chinese mainland or simply the mainland, is a geopolitical term refers to the area under the jurisdiction of the People's Republic of China , excluding Hong Kong and Macau, which run on One Country, Two Systems....
. See the articles HKSAR passport
HKSAR Passport

The Hong Kong Special Administrative Region People's Republic of China Passport , or more simply known as the Hong Kong Special Administrative Region passport , Hong Kong SAR passport, or HKSAR passport, is a type of passport of the People's Republic of China for Nationality Law of the People's Republic of China who have the...
, Home Return Permit
Home Return Permit

A Home Return Permit, also referred to as a Home Visit Permit or China Back Home Pass, is the colloquial name for the national identity document officially known as the Mainland Travel Permit for Hong Kong and Macau Residents issued to PRC citizens who are residents of Hong Kong and Macau as the entry permit to mainland Chin...
 and Chinese nationality law.

Persons born in the Republic of Ireland

Approximately 800,000 persons born before 1949 and connected with the Republic of Ireland remain entitled to claim British subject status under section 31 of the 1981 Act. See also British nationality and the Republic of Ireland

Descendants of the Electress Sophia of Hanover

Eligible descendants from the Electress Sophia of Hanover may hold British Overseas citizenship based on their status as British subjects before 1949. Where such a person acquired a right of abode in the UK before 1983, it is possible for British citizenship to have been acquired. See also History of British nationality law
History of British nationality law

This article concerns the history of British nationality law....
 and Sophia Naturalization Act 1705

Loss of British nationality


Renunciation and resumption of British nationality

All categories of British nationality can be renounced by a declaration made to the Home Secretary. A person ceases to be a British national on the date that the declaration of renunciation is registered by the Home Secretary. If a declaration is registered in the expectation of acquiring another citizenship, but one is not acquired within six months of the registration, it does not take effect and you are considered to have remained a British national.

Renunciations made to other authorities are invalid: e.g., a general renunciation made upon taking up U.S. citizenship. The forms must be sent through the citizenship renunciation process.

There are provisions for the resumption of British citizenship or British overseas territories citizenship renounced for the purpose of gaining or retaining another citizenship. This can generally only be done once as a matter of entitlement. Further opportunities to resume British citizenship are discretionary.

British subjects, British Overseas citizens and British Nationals (Overseas) cannot under any circumstances resume their British nationality after renunciation.

Automatic loss of British nationality

British subjects (other than British subjects by virtue of a connection with the Republic of Ireland) and British protected persons will lose their British nationality upon acquiring any other form of nationality, whether British, Commonwealth or foreign.

  • These provisions do not apply to British citizens.
  • British Overseas Territories citizens (BOTCs) who acquire another nationality do not lose BOTC status. However they may be liable to lose Belonger status
    Belonger status

    Belonger status is a legal classification normally associated with British overseas territories. It refers to people who have close ties to a specific territory, normally by birth and/or ancestry....
     in their home territory under its immigration laws. Such persons are advised to contact the Governor of that territory for information.
  • British Overseas citizens (BOC) do not lose BOC upon acquisition of another citizenship. However any entitlement to registration as a British citizen on the grounds of having no other nationality will no longer exist after acquiring another citizenship.


Deprivation of British nationality

Under amendments made by the Immigration, Asylum and Nationality Act 2006
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....
, British nationals can be deprived of their citizenship if the Secretary of State is satisfied "deprivation is conducive to the public good". This provision has been in force since 16 June 2006 when the came into force. This provision only applies to dual nationals — it is not applicable if deprivation would result in a person's statelessness.

Prior to that date, since 2003, under amendments made by the , British nationals could 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.

British nationals who are naturalised or registered may have their certificates revoked (and hence lose British nationality) if British nationality was obtained by fraud or concealment of a material fact.

Dual nationality and dual citizenship

Since the British Nationality Act of 1948, there is in general no restriction, in United Kingdom law, on a British national being a citizen of another country as well. So, if a British national acquires another nationality, they will not automatically lose British nationality. Similarly, a person does not need to give up any other nationality when they become British.

Different rules apply in the cases of British protected persons and certain British subjects. A person who is a British subject otherwise than by connection with the Republic of Ireland will lose that status on acquiring any other nationality or citizenship. Similarly, a British protected person will no longer be a British protected person on acquiring any other nationality or citizenship. Although British Overseas citizens are not subject to loss of citizenship, a British Overseas citizen may lose an entitlement to register as a British citizen under s4B of the 1981 Act if he acquires any other citizenship.

Many other countries, however, do not allow dual nationality (see Multiple citizenship
Multiple citizenship

Multiple citizenship, or multiple nationality, is a status in which a person is concurrently regarded as a citizen under the laws of more than one Country....
). If you have British nationality, and are also a national of a country which does not allow dual nationality, the authorities of that country may either regard you as having lost that nationality or may refuse to recognise your British nationality. If you are a British national, and you acquire the nationality of a country which does not allow dual nationality, you may be required by the other country to renounce (give up) your British nationality in order to retain the other citizenship.

Under international law, the Master Nationality Rule
Master Nationality Rule

The Master Nationality Rule is a consequence of Article 4 of The Hague Conference on Private International Law on Certain Questions Relating to the Conflict of Nationality Laws of 1930....
 states that a State may not give diplomatic protection
Diplomatic protection

In international law, diplomatic protection is a means for a State to take diplomatic and other action against another State on behalf of its national whose rights and interests have been injured by the other State....
 to one of its nationals in a country whose citizenship that person also holds. For example, if you have both British and U.S. nationality, a British Consul
Consul

Consul was the highest elected office of the Roman Republic and an appointive office under the Roman Empire. The title was also used in other city states, and revived in modern states, notably French Republic before the Napoleon I of Franceic counter-revolution....
 in the United States cannot give you diplomatic help.

A British person who acquired foreign citizenship by naturalisation before 1949 may have lost British nationality at the time. No specific provisions were made in the 1948 legislation for such former British subjects to acquire or otherwise resume British nationality, and hence such a person would not be a British citizen today. However women who lost British nationality on marriage to a foreign man before 1949 were deemed to have re-acquired British subject status immediately before the coming into force of the 1948 Act.

British citizenship ceremonies

]] With effect from 1 January 2004, all new applicants for British citizenship by naturalisation or registration who are aged 18 or over when the application is decided must attend a citizenship ceremony and either make an Affirmation or take an Oath of Allegiance to the Monarch and also make a Pledge to the United Kingdom.

Citizenship ceremonies are normally organised by:
  • local councils in England, Scotland and Wales
  • the Northern Ireland Office
  • the governments of the Isle of Man
    Isle of Man

    The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
    , Jersey
    Jersey

    The Bailiwick of Jersey is a British Crown dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes the nearly uninhabited islands of the Minquiers, ?cr?hous, the Pierres de Lecq and other rocks and reefs....
     and Guernsey
    Guernsey

    The Bailiwick of Guernsey is a British Isles Crown dependency in the English Channel off the coast of Normandy.As well as the island of Guernsey itself, it also includes Alderney, Sark, Herm, Jethou, Brecqhou, Burhou, Lihou and other islets....
  • the Governors of British Overseas Territories
  • British consular offices outside the United Kingdom and Territories.


Persons from the Republic of Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
 (born before 1949) reclaiming 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....
 status under section 31 of the 1981 Act do not need to attend a citizenship ceremony. However should such a person subsequently apply for British citizenship by registration or naturalisation, attendance at a ceremony will be required.

For those who applied for British citizenship prior to 2004:
  • the oath of allegiance was administered privately through signing a witnessed form in front of a solicitor or other accredited person
  • those who already held British nationality (other than British protected person
    British protected person

    The status of British protected person is a status held by certain persons under the British Nationality Act 1981. It is not traditionally considered a form of British nationality - as British protected persons are not Commonwealth citizens in British nationality law, they do not have full civil rights in the United Kingdom....
    s) were exempt, as were those citizens of countries with the Queen as Head of State (such as Australia
    Australia

    Australia, officially the Commonwealth of Australia, is a country in the southern hemisphere comprising the Australia of the world's smallest continent, the major island of Tasmania, and numerous list of islands of Australia in the Indian Ocean and Pacific Oceans....
     or Canada
    Canada

    Canada is a country occupying most of northern North America, extending from the Atlantic Ocean in the east to the Pacific Ocean in the west and northward into the Arctic Ocean....
    ).


European citizenship

British nationals who are "United Kingdom nationals for Community purposes", namely:

  • British citizens;
  • British subjects with the right of abode; and
  • British Overseas Territories citizens connected to Gibraltar
    Gibraltar

    Gibraltar is a British overseas territory located near the southernmost tip of the Iberian Peninsula overlooking the Strait of Gibraltar. The territory shares a border with Spain to the north....


are European Union citizens under European Union law
European Union law

The Law of the European Union is the unique legal system which operates alongside the laws of Member States of the European Union . EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in areas covered by the Four Freedoms ....
.

However, by virtue of a special provision in the UK Accession Treaty, British Citizens who are connected with the Channel Islands
Channel Islands

The Channel Islands are a group of islands in the English Channel, off the France coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey....
 and Isle of Man
Isle of Man

The Isle of Man , or Mann , is a self-governing Crown dependency, located in the Irish Sea at the geographical centre of the British Isles....
 (i.e. considered "Channel Islanders and Manxmen") do not have the right to live in other European Union
European Union

The European Union is an economic and political union of 27 European Union member state, located primarily in Europe. It was established by the Treaty of Maastricht on 1 November 1993 upon the foundations of the pre-existing European Economic Community....
 countries (except the Republic of Ireland
Republic of Ireland

Ireland is an Island country in north-western Europe. The modern Sovereignty state occupies about five-sixths of the island of Ireland, which was partitioned by the British on 3 May 1921....
, through the long-established Common Travel Area
Common Travel Area

The Common Travel Area is a passport-free zone that comprises the Republic of Ireland, the United Kingdom, the Isle of Man, Jersey and Guernsey....
) unless they have connections through descent or residence with the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
 itself.

Statistics on British Citizenship

The Home Office Research and Statistics Division publishes an annual report with statistics on grants of British citizenship broken down by type and former nationality. Since 2003, the report has also included research on take-up rates for British citizenship.

See also

  • British national identity card
    British national identity card

    The United Kingdom National Identity Card is a personal identification document that will eventually be issued to all residents of the United Kingdom....
  • Immigration to the United Kingdom
    Immigration to the United Kingdom

    Immigration to the United Kingdom since 1922 has been substantial, in particular from Ireland and the former colony of the British Empire - such as India, Bangladesh, Pakistan, the Caribbean, South Africa, Kenya and Hong Kong - under British nationality law....
  • Citizen Information Project
    Citizen Information Project

    In the United Kingdom, the Citizen Information Project was a plan by the Office for National Statistics to build a national population register....


External links

  • Nationality UK free help
  • Sanjay Shah
    Sanjay Shah

    Sanjay Shah is a former Kenyan national. In 2004 he gave up his Kenyan passport and flew to the United Kingdom 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.
  • British Nationality Acts: , , , , , ,