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Since 2010, there is no longer an application fee (of £540). the UK if he was not married to the child’s mother. The only exception to this rule were children of diplomats and enemy aliens. Children born between 2 October 2000 and 29 April 2006 may be registered as British citizens as soon as one parent has completed five years' residence exercising Treaty rights in the UK. A child born outside the UK, Gibraltar or the Falkland Islands on or after 1 January 1983 (or outside another British Overseas Territory on or after 21 May 2002) automatically acquires British citizenship by descent if either parent is a British citizen otherwise than by descent at the time of the child's birth. endobj through birth in the UK). Under section 5 of the Ireland Act 1949, a person who was born in the territory of the future Republic of Ireland as a British subject, but who did not receive Irish citizenship under the Ireland Act's interpretation of either the 1922 Irish constitution or the 1935 Irish Nationality and Citizenship Act (because he or she was no longer domiciled in the Republic on the day the constitution came into force and was not permanently resident there on the day of the 1935 law's enactment and was not otherwise registered as an Irish citizen) was deemed to be a Citizen of the United Kingdom and Colonies.[28][29]. After the Nationality, Immigration and Asylum Act 2002 came into force British nationals could be deprived of their citizenship if and only if the Secretary of State was satisfied they were responsible for acts seriously prejudicial to the vital interests of the United Kingdom or an Overseas Territory. The British nationality is ranked eighth in Nationality Index (QNI). [14][15] The child, however, is subject to immigration control and the child's parent(s) can choose to apply to regularise the child's immigration status through the granting of leave to remain (for the same period as that held by the parent(s)). Other cases where British nationals who are eligible to register without residency requirements are: Other cases where non-British nationals may be entitled to registration (either as a matter of law or policy) include: The Home Secretary can exercise discretion under section 3(1) of the 1981 Act and register any child as a British citizen even if they may not meet the formal criteria. The other referee must normally have a British passport and be either a professional person or more than 25 years old. In 2017, over 40 people had been deprived as of July (at this time increased numbers of British citizens went to join "Islamic State" and then tried to return). Visa requirements for British citizens are administrative entry restrictions by the authorities of other states placed on citizens of the United Kingdom. Applicants do however still have to pay £80 for the citizenship ceremony.[25]. a Right of Abode stamp in a foreign passport (proof of British citizenship for anyone born in 1983 or later, however can no longer be held alongside a British citizen passport). [27] However, if the applicant has a claim to register as a British citizen under other clauses of the British Nationality Act 1981, or has already acquired British citizenship after being legitimised, the application will be refused. - Those who could have become a British citizen had their parents registered their birth or registered them as a British subject or CUKC, but did not do so.

Some thought the single Imperial status of "British subject" was becoming increasingly inadequate to deal with a Commonwealth of independent member states. Between 2010 and 2015, 33 dual nationals had been deprived of their British citizenship. "British citizenship by descent" is the category for children born outside the UK or an Overseas Territory to a British citizen. sections 1, 3, 4, 4A-4I and 5 of the British Nationality Act 1981, Section 14 of the British Nationality Act 1981, Section 4B of the British Nationality Act 1981, Section 2 of the Hong Kong (War Wives and Widows) Act 1996, Section 2(1) of the British Nationality (Hong Kong) Act 1997, Section 1(3) of the British Nationality Act 1981, Section 1(4) of the British Nationality Act 1981, Section 1(3A) of the British Nationality Act 1981, Paragraph 2 of schedule 2 of the British Nationality Act 1981, Section 4D of the British Nationality Act 1981, section 4F-4I of the British Nationality Act 1981, Section 3(2) of the British Nationality Act 1981, Section 3(5) of the British Nationality Act 1981, Section 13 of the British Nationality Act 1981, British Nationality (Falkland Islands) Act 1983, Citizens of the United Kingdom and Colonies, Borders, Citizenship and Immigration Act 2009, Nationality, Immigration and Asylum Act 2002, Immigration (European Economic Area) Regulations 2006, British Overseas Territories citizen § Acquisition of British Overseas Territories citizenship, Hong Kong Special Administrative Region passport, British nationality and the Republic of Ireland, general renunciation made as part of the US naturalisation ceremony, Immigration, Asylum and Nationality Act 2006, countries with the Queen as Head of State, Declaration by the United Kingdom on 31 December 1982 on the definition of the term "nationals", "Hong Kong: Dominic Raab offers citizenship rights to 2.9 million British nationals", "Naturalisation Booklet – The Requirements", "Register as a British Citizen - Stateless People", http://www.legislation.gov.uk/ukpga/1981/61#commentary-c1925606, "UK Government - UK Visas and Immigration: Guidance on registering a stateless person born in the UK or a British overseas territory on or after 1 January 1983 as a British citizen or a British overseas territories citizen using form S3", "Immigration Directorates' Instructions, Chapter 08, Section 4A (Children born in the United Kingdom who are not British citizens)", http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/legitimacy?view=Binary, "Home Office Nationality Instructions (Chapter 9: Registration of Minors at Discretion), Section 9.12", "Case Comment: The Advocate General for Scotland v Romein (Scotland) [2018] UKSC 6, Part One", http://www.bailii.org/scot/cases/ScotCS/2016/[2016]CSIH24.html, "Nationality, Immigration and Asylum Act 2002: Section 13", "U.S. woman wins appeal against 'unlawful' decision to refuse British citizenship", "Register as a British citizen: Born before 1983 to a British mother", "Register as a British citizen: Born before 1 July 2006 to a British father", "British Nationality Act 1981 (c. 61) - Statute Law Database", "New requirement for EEA British citizenship applicants", "British citizenship test 'like bad pub quiz, "British Nationality Act 1981, SCHEDULE 1, Naturalisation as a British citizen under section 6(1)", "Application for naturalisation as a British citizen", "Nationality Policy: general information – all British nationals", "Link to notice regarding wait times on the UK Border Agency website as of 11 February 2009", Link to news report on UK Border Agency website dated 11 February 2009, "European Economic Area and Swiss nationals", Brexit : la réforme de l'immigration post-Brexit qui met fin à la libre circulation des travailleurs est adoptée, https://www.gov.uk/government/publications/common-travel-area-guidance, https://extra.ie/2020/03/06/must-see/draft-laws-irish-uk-brexit, "Guide B(OS) Registration as a British citizen", "Nationality policy: children of unmarried parents", "Home Office Nationality instructions (Chapter 9: Registration of Minors at Discretion)", "Guidance: Intercountry adoption and British citizenship", "Letter from the Director of the INPD to the Home Secretary", "UK | UK Politics | UK to right 'immigration wrong, https://publications.parliament.uk/pa/ld200506/ldlwa/060228wa1.pdf, "UK Border Agency | How do I give up British citizenship or another form of British nationality? Hence a child born to that person in the United Kingdom would normally be a British citizen by birth. For children born before 1 July 2006, if only the father meets this requirement, the parents must be married.

CUKCs without a connection to the UK became either British Overseas Territories citizens or British Overseas citizens in 1983, depending on whether they had a connection to another BOT. The Home Secretary has delegated his powers to grant BOTC to the Governors of the Overseas Territories. Close this dialogue to confirm you are happy with that or find out more in the, apply for a document certifying Permanent Residence, find out more about their work, and how you can get involved. [85] It appears that the government usually waits until the person has left Britain, then sends a warning notice to their British home and signs a deprivation order a day or two later. [45] The UK Border Agency stated that this was occurring because of the widespread changes proposed to the immigration laws expected to take effect in late 2009.[46]. British Overseas citizens (BOCs) do not lose their BOC status upon acquisition of another citizenship, but any entitlement to registration as a British citizen on the grounds of having no other nationality no longer applies after acquiring another citizenship. report 2013, Online tool to check if one is a British citizen, Citizen of the United Kingdom and Colonies, British nationality law and the Republic of Ireland, https://en.wikipedia.org/w/index.php?title=British_nationality_law&oldid=977289391, United Kingdom and the Commonwealth of Nations, Short description is different from Wikidata, Articles containing potentially dated statements from August 2019, All articles containing potentially dated statements, All Wikipedia articles needing clarification, Wikipedia articles needing clarification from September 2020, Articles with disputed statements from May 2015, Articles with unsourced statements from May 2020, Articles containing potentially dated statements from February 2009, Articles with unsourced statements from March 2014, Articles with unsourced statements from February 2019, Articles containing potentially dated statements from August 2018, Articles with unsourced statements from September 2018, Articles with unsourced statements from June 2018, Articles with unsourced statements from July 2013, Creative Commons Attribution-ShareAlike License. Despite strong resistance from senior officials at the Home Office,[72] the then Home Secretary, David Blunkett, said on 3 July 2002 that this would "right a historic wrong" that left stateless tens of thousands of Asian people who had worked closely with British colonial administrations. This provision was modified by the Immigration Act 2014 so as not to require that a third country would actually grant nationality to a person; British nationality can be revoked if "the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory. In practice, BOTCs (except those associated with the Sovereign bases in Cyprus) were granted full British citizenship in 2002; BN(O)s have right of abode or right to land in Hong Kong (note: not conferred by the status itself, but by the Immigration Ordinance of Hong Kong) and are eligible for registration as British citizens if they hold no other nationality under the Borders, Citizenship and Immigration Act 2009; BSs and BPPs lose their statuses upon acquiring another nationality (except BSs connected with the Republic of Ireland) and so should be eligible for registration as British citizens under the Nationality, Immigration and Asylum Act 2002. The Immigration Act 1971 introduced the concept of patriality, by which only British subjects (i.e. The act, therefore, had de facto created two types of CUKCs: those with right of abode in the UK, and those without right of abode in the UK (who might or might not have right of abode in a Crown colony or another country). A forum member reported that she and her husband were given a difficult time at the airport when they brought their foreign-born child into the UK on a foreign passport. Many people assume that just because a parent is a British citizen, then a child born outside the United Kingdom is also a British citizen.

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