Act of Parliament | |
Long title | An Act to make temporary provision for controlling the immigration into the United Kingdom of Commonwealth citizens; to authorise the deportation from the United Kingdom of certain Commonwealth citizens convicted of offences and recommended by the court for deportation; to amend the qualifications required of Commonwealth citizens applying for citizenship under the British Nationality Act, 1948; to make corresponding provisions in respect of British protected persons and citizens of the Republic of Ireland; and for purposes connected with the matters aforesaid. |
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Citation | 10 & 11 Eliz. 2. c. 21 |
Dates | |
Royal assent | 18 April 1962 |
Commencement | 1 July 1962 |
Status: Repealed |
The Commonwealth Immigrants Act 1962 (10 & 11 Eliz. 2. c. 21) was an Act of the Parliament of the United Kingdom. [2] [3] The Act entailed stringent restrictions on the entry of Commonwealth citizens into the United Kingdom. [4] Only those with work permits (which were typically only for high-skilled workers, such as doctors) were permitted entry. [4]
Before the Act was passed, citizens of Commonwealth countries had extensive rights to migrate to the UK. For instance, in the sparsely populated frontier area of San Tin in Hong Kong, 85–90 percent of the able-bodied males left for the United Kingdom between 1955 and 1962 to work in British factories, foundries, railways, buses, hotels, and restaurants. [5]
There was widespread opposition to mass migration in Britain from a variety of political groups, including the Conservative Monday Club, whose Members of Parliament were very active and vocal in their opposition thereto. In response to a perceived heavy influx of immigrants, the Conservative Party government tightened the regulations, permitting only those with government-issued employment vouchers, limited in number, to settle. The leader of the opposition in Parliament at the time, Hugh Gaitskell of the Labour Party, called the act "cruel and brutal anti-colour legislation". [6]
The Act specified that all Commonwealth citizens, including citizens of the UK and Colonies (CUKCs), without a relevant connection to the UK were subject to immigration control. A person was exempt from immigration control if the person was a Commonwealth citizen born in the UK; a Commonwealth citizen holding a passport issued by the UK government in either the UK or Republic of Ireland; a CUKC holding a passport issued by the UK Government (not including colonial governments) anywhere; and their family members. Exemptions also applied to Commonwealth citizens who were ordinarily resident in the UK at any point from 1960 to 1962, as well as wives and children under 16 accompanying a family member resident in the UK.
The Act went into effect on 1 July 1962. [5]
Claudia Jones, a Trinidad-born Communist activist, asserted in 1962 that the Act "established a second class citizenship status for West Indians and other Afro-Asian peoples in Britain." [2] In 1961, she predicted that if it passed, the Act "could be the death knell of the Commonwealth." [7] Ambalavaner Sivanandan, an anti-racist activist, argued that the Act served to 'enshrine state racism in law', while Labour politician Barbara Castle labelled it 'a violation of the very idea of the Commonwealth.' [8]
The Act cut 'racialised colony and Commonwealth entrants' from an estimated 136,400 in 1961 to 57,046 in 1963. [9]
The Act was amended by the Commonwealth Immigrants Act 1968 and was superseded by another new Act, the Immigration Act 1971.
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.
Indian nationality law details the conditions by which a person holds Indian nationality. The two primary pieces of legislation governing these requirements are the Constitution of India and the Citizenship Act, 1955.
Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.
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 Common Travel Area is an open borders area comprising the United Kingdom, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are not legally binding, the internal borders of the CTA are subject to minimal controls and can normally be traversed by British and Irish citizens with minimal identity documents. The maintenance of the CTA involves co-operation on immigration matters between the British and Irish authorities.
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 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 changed over time since it became a British colony in 1842. Hongkongers were given various nationality statuses, such as British subjects, Citizen of the United Kingdom and Colonies, British Dependent Territories Citizen and British Nationals (Overseas).
This article concerns the history of British nationality law.
Malaysian nationality law details the conditions by which a person is a national of Malaysia. The primary law governing nationality requirements is the Constitution of Malaysia, which came into force on 27 August 1957.
A Commonwealth citizen is a citizen of a Commonwealth of Nations member state. Most member countries generally do not treat citizens of other Commonwealth states any differently from foreign nationals, but do grant limited citizenship rights to resident Commonwealth citizens. For example, in 14 member states, resident non-local Commonwealth citizens are eligible to vote in elections. The status is most significant in the United Kingdom, and carries few or no privileges in many other Commonwealth countries.
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.
Maltese nationality law details the conditions by which a person is a national of Malta. The primary law governing nationality regulations is the Maltese Citizenship Act, which came into force on 21 September 1964. Malta is a member state of the European Union (EU) and all Maltese nationals are EU citizens. They have automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and may vote in elections to the European Parliament.
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.
Cypriot nationality law details the conditions by which a person is a national of Cyprus. The primary law governing nationality regulations is the Republic of Cyprus Citizenship Law, 1967, which came into force on 28 July 1967. Regulations apply to the entire island of Cyprus, which includes the Republic of Cyprus itself and Northern Cyprus, a breakaway region that is diplomatically recognised only by Turkey as the Turkish Republic of Northern Cyprus (TRNC).
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 Commonwealth Immigrants Act 1968 was an act of the Parliament of the United Kingdom.
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.
Pakistani nationality law details the conditions by which a person is a national of Pakistan. The primary law governing these requirements is the Pakistan Citizenship Act, 1951, which came into force on 13 April 1951.
The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for people with British National (Overseas) status. BN(O) status was created in 1987 after the enactment of Hong Kong Act 1985, whose holders are permanent residents of Hong Kong who were British Overseas Territories citizens until 30 June 1997 and had registered as BN(O)s.