The British Nationality Act 1981 (c. 61) is an act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
The British Nationality Act 1981 (c. 61) is an act of the Parliament of the United Kingdom concerning British nationality 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 1948 came into force on 1 January 1949. In 1977, a Green Paper was produced by the Labour government outlining options for reform of the nationality code. This was followed in 1980 by a White Paper by the Conservative government that closely followed the Labour proposals. William Whitelaw, the Home Secretary under Prime Minister Margaret Thatcher, was the chief author. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983. Both major parties were in agreement on the new law. [1]
Subsequently, the British Nationality Act has been significantly amended, including:
The Act reclassified Citizenship of the United Kingdom and Colonies (CUKC) into three categories:
In 1968, with the passage of the Commonwealth Immigrants Act 1968 to modify the wording of the Commonwealth Immigrants Act 1962, some CUKCs were stripped of the Right of Abode 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 either the United Kingdom or with the Crown Dependencies (that is to say, the Isle of Man and the Channel Islands), or both—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 Gardner to chair a study group to provide advice on changes to the nationality laws. The resultant Green paper, "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.
The Act also modified the application of jus soli in British nationality. Prior to the Act coming into force, any person born in the United Kingdom or a colony (with limited exceptions such as children of diplomats and enemy aliens) was entitled to CUKC status. 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, a British Dependent Territories citizen or "settled" in the United Kingdom or a colony (a permanent resident).
Even following the coming into force of the Act, the vast majority of children born in the United Kingdom or colonies still acquire British nationality at birth. Special provisions are made for non-British UK-born children to acquire British citizenship in certain circumstances.
Under section 11(1) of the Act, a CUKC must have had the right of abode under the Immigration Act 1971, as it existed on 31 December 1982, to become a British citizen on 1 January 1983 automatically under the standard CUKC transition at commencement route of the Act. [2] [3]
Section 39 of the Act then went on to modify the right of abode section of the 1971 measure, eliminating confusing wording as to whether right of abode could be obtained through a grandparent who was a CUKC from outside the UK. [2] [3]
Some people born in the UK after 1983 may have been incorrectly told they were not eligible for a British passport, if their mother had been born in a Commonwealth country (e.g. Canada, or Australia) to a British-born grandparent, but later returned to the UK.[ citation needed ] In this case, the parent would have retained right of abode from the grandparent, meaning they were already settled at the time of the child's birth (irrespective of whether they themselves were British nationals).
The Act made a variety of other changes to the law:
In some cases, transitional arrangements were made that preserved certain aspects of the old legislation. Most of these expired on 31 December 1987, five years after the Act came into force.
The Commonwealth Immigrants Act 1968 made a number of changes to the Commonwealth Immigrants Act 1962, beginning with amending the definition of to whom the Act applied. By comparison:
Commonwealth Immigrants Act 1962:
PART I
CONTROL OF IMMIGRATION
1.-(1) The provisions of this Part of this Act shall have effect for controlling the immigration into the United Kingdom of Commonwealth citizens to whom this section applies.
- (2) This section applies to any Commonwealth citizen not being-
- (a) a person born in the United Kingdom :
- (b) a person who holds a United Kingdom passport and is a citizen of the United Kingdom and Colonies, or who holds such a passport issued in the United Kingdom or the Republic of Ireland; or (c) a person included in the passport of another person who is excepted under paragraph (a) or paragraph (b) of this subsection.
(3) In this section "passport" means a current passport; and "United Kingdom passport" means a passport issued to the holder by the Government of the United Kingdom, not being a passport so issued on behalf of the Government of any part of the Commonwealth outside the United Kingdom.
(4) This Part of this Act applies to British protected persons and citizens of the Republic of Ireland as it applies to Commonwealth citizens, and references therein to Commonwealth citizens, and to Commonwealth citizens to whom this section applies, shall be construed accordingly.
Commonwealth Immigrants Act 1968:
1. In section 1 of the principal Act (application of Part I), in subsection (2)(b) after the words "citizen of the United Kingdom and Colonies" there shall be inserted the words "and fulfils the condition specified in subsection (2A) of this section", and after subsection (2) there shall be inserted the following subsection:-
- "(2A) The condition referred to in subsection (2)(b) of this section, in relation to a person, is that he, or at least one of his parents or grandparents,-
- (a) was born in the United Kingdom, or
- (b) is or was a person naturalised in the United Kingdom, or
- (c) became a citizen of the United Kingdom and colonies by virtue of being adopted in the United Kingdom, or
- (d) became such a citizen by being registered under Part II of the British Nationality Act 1948 or under the British Nationality Act 1964, either in the United kingdom or in a country which, on the date on which he was so registered, was one of the countries mentioned in section 1(3) of the said Act of 1948 as it had effect on that date".
The stripping of birth rights from Bermudians by the British Government in 1968 and 1971, and the change of their citizenship in 1983, actually violated the rights granted them by Royal charters at the founding of the colony. Bermuda (fully The Somers Isles or Islands of Bermuda) had been settled by the London Company (which had been in occupation of the archipelago since the 1609 wreck of the Sea Venture) in 1612, when it received its Third Royal Charter from King James I, amending the boundaries of the First Colony of Virginia far enough across the Atlantic to include Bermuda. The citizenship rights guaranteed to settlers by King James I in the original Royal Charter of 10 April 1606, thereby applied to Bermudians: [9] [10] [11] [12]
Alsoe wee doe, for us, our heires and successors, declare by theise presentes that all and everie the parsons being our subjects which shall dwell and inhabit within everie or anie of the saide severall Colonies and plantacions and everie of theire children which shall happen to be borne within the limitts and precincts of the said severall Colonies and plantacions shall have and enjoy all liberties, franchises and immunites within anie of our other dominions to all intents and purposes as if they had been abiding and borne within this our realme of Englande or anie other of our saide dominions.
These rights were confirmed in the Royal Charter granted to the London Company's spin-off, the Company of the City of London for the Plantacion of The Somers Isles, in 1615 on Bermuda being separated from Virginia:
And wee doe for vs our heires and successors declare by these Pnts, that all and euery persons being our subjects which shall goe and inhabite wthin the said Somer Ilandes and every of their children and posterity which shall happen to bee borne within the limits thereof shall haue and enjoy all libertyes franchesies and immunities of free denizens and natural subjectes within any of our dominions to all intents and purposes, as if they had beene abiding and borne wthin this our Kingdome of England or in any other of our Dominions
Bermuda is not the only territory whose citizenship rights were laid down in a Royal Charter. In regards to St. Helena, Lord Beaumont of Whitley in the House of Lords debate on the British Overseas Territories Bill on 10 July 2001, [15] stated:
Citizenship was granted irrevocably by Charles I. It was taken away by Parliament because of growing opposition to immigration at the time.
After the Falklands War, full British citizenship was granted to the Falkland Islanders by the British Nationality (Falkland Islands) Act 1983. Gibraltarians were also permitted to retain full British citizenship.
Critics argued that one of the main political motivations behind the new law was to deny most Hong Kong-born ethnic Chinese the right of residency in the United Kingdom in the years preceding the Sino-British Joint Declaration in 1984, and later the handover of Hong Kong (then the largest British colony by population) to the People's Republic of China in 1997.
However, CUKCs from Hong Kong had lost their right of abode in the United Kingdom in 1968, unless they were already resident in the United Kingdom before the Commonwealth Immigrants Act. This decision would eventually be reversed in 2021.
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) means there is little pressure for any change to the current law.[ citation needed ] Similar legislation was later enacted in Australia (1986), the Republic of Ireland (2004) and New Zealand (2005).
The British Overseas Territories (BOTs), are the 14 territories with a constitutional and historical link with the United Kingdom, but do not form part of the United Kingdom itself, although parts of its sovereign territory. The permanently inhabited territories are delegated varying degrees of internal Self-governance, with the United Kingdom retaining responsibility for defence, foreign relations, and internal security, and ultimate responsibility for good governance. All of the territories are inhabited by civilians, except three that are chiefly or only inhabited by military or scientific personnel. All fourteen have the British monarch as head of state. These UK government responsibilities are assigned to various departments of the Foreign, Commonwealth and Development Office and are subject to change.
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire. Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.
The British Overseas Territories Act 2002 (c.8) is an Act of the Parliament of the United Kingdom which superseded parts of the British Nationality Act 1981. It makes legal provision for the renaming of the British Dependent Territories as British Overseas Territories, and the renaming of associated citizenship.
British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for colonial subjects; current residents cannot newly acquire this nationality.
A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its remaining overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation.
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 or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.
Barbadian nationality law is regulated by 1966 Constitution of Barbados, as amended; the Barbados Citizenship Act, as amended; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Barbados. Barbadian nationality is typically obtained under the rules of jus sanguinis, i.e. by birth to a father or in some cases, a mother, with Barbadian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is no program in Barbados for citizenship by investment, and successive governments have continued to reject the idea. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth, has traditionally used the words interchangeably.
The Immigration Act 1971 is an act of the Parliament of the United Kingdom concerning immigration and nearly entirely remaking the field of British immigration law. The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricts immigration, especially primary immigration into the UK. It introduced the concept of patriality or right of abode. It was also partly passed to legally clarify the rights of Commonwealth citizens within the United Kingdom in preparation for membership of the European Communities (EC) in which the United Kingdom would become a member state from 1 January 1973. It was coincidentally the same day which the Act came into full legal force which gave not only new automatic rights to EC member state citizens but would also give them priority over non-EC citizens under the obligations of the Treaty of Rome, of which the UK become a signatory though the Treaty of Accession, signed on 22 January 1972. In relation to deportation notices, the Act is referenced at sections 11 and 23 of the Terrorism Act 2000.
British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life.
This article concerns the history of British nationality law.
Irish citizens in the United Kingdom enjoy a special status when residing there, due to close proximity of the UK and Ireland and historical ties between the two countries. They are considered to have automatic and permanent permission to live in the UK and are eligible to vote, stand for public office, and serve in non-reserved government positions.
A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories.
The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national citizenship of the United Kingdom and all of its colonies.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies, and the 14 British Overseas Territories.
Ghanaian nationality law is regulated by the Constitution of Ghana, as amended; the Ghana Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Ghana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Ghanaian nationality is typically obtained under the principle of jus sanguinis, born to parents with Ghanaian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Bahamian nationality law is regulated by the 1973 Constitution of the Commonwealth of The Bahamas, as amended; The Bahamas Nationality Act; The Bahamas Immigration Act; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of The Bahamas. Bahamian nationality is typically obtained either on the principle of jus soli, i.e. by birth in The Bahamas; or under the rules of jus sanguinis, i.e. by birth abroad to a father with Bahamian nationality. It can also be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation. There is currently no program in The Bahamas for citizenship by investment. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the commonwealth, has traditionally used the words interchangeably.
Belizean nationality law is regulated by 1981 Constitution of Belize, as amended; the Belizean Nationality Act, as revised; and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Belize. Belizean nationality is typically obtained either by descent or registration. Descent relies on the principles of jus soli, i.e. by birth in Belize; or under the rules of jus sanguinis, i.e. by birth abroad to parents with Belizean nationality; whereas registration applies to obtaining nationality after birth. There is currently no program in Belize for citizenship by investment, as the previous program lapsed in 2002. Nationality establishes one's international identity as a member of a sovereign nation. Though it is not synonymous with citizenship, rights granted under domestic law for domestic purposes, the United Kingdom, and thus the Commonwealth of Nations, has traditionally used the words interchangeably.
Zambian nationality law is regulated by the Constitution of Zambia, as amended; the Citizenship of Zambia Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Zambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Zambian nationality is typically obtained under the principals of jus soli, i.e. birth in Zambia, or jus sanguinis, i.e. by birth to parents with Zambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.
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The full text of British Nationality Act 1981 at Wikisource