Nationality, Immigration and Asylum Act 2002

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Nationality, Immigration and Asylum Act
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes.
Citation 2002 c.41
Territorial extent  United Kingdom
Dates
Royal assent 7 November 2002
Status: Amended
Text of the Nationality, Immigration and Asylum Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Nationality, Immigration and Asylum Act 2002 (c. 41) is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.

Contents

Provisions

British Nationals with no other citizenship

The act 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. [1]

Overseas born children of British mothers

The Act has also conferred a right to registration as a British citizen on persons born between 8 February 1961 and 31 December 1982 who, but for the inability (at that time) of women to pass on their citizenship, would have acquired British citizenship automatically when the British Nationality Act 1981 came into force. [2]

Deprivation of British nationality

Under amendments made by the act to the British Nationality Act 1981, British nationals can 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. [3] This power is restricted to individuals who have dual citizenship. [3]

Citizenship ceremonies

The act established citizenship ceremonies. [4] This requires swearing allegiance or affirming allegiance to the King and a pledging loyalty to the United Kingdom. [5]

English language requirements

The act established applicants have a certain standard of English language proficiency. [6]

Life in the United Kingdom test

The act removes established the Life in the United Kingdom test as a test of having sufficient knowledge of United Kingdom society. [7] [8]

Children of unmarried British fathers

With effect from 1 July 2006, children may acquire British citizenship automatically from an unmarried British father (or a British permanent resident if the child is born in the United Kingdom). Proof of paternity must be shown. [2]

As of 6 April 2015, a person over 18 years of age who was born out of wedlock before 1 July 2006 to a British father is entitled to register as a British citizen by descent under the Immigration Act 2014 using form UKF. [9] Such child must also meet character requirements, pay relevant processing fees and attend a citizenship ceremony. [10]

References

  1. ↑ Johnston, Philip (5 July 2002). "UK overseas citizens win right to live in Britain". The Daily Telegraph . Archived from the original on 23 February 2024. Retrieved 3 September 2025.
  2. 1 2 Norton, Emma (21 January 2010). "Why can't I claim British citizenship?". The Guardian . Archived from the original on 22 June 2021. Retrieved 3 September 2025.
  3. 1 2 Scalvini, Marco (15 March 2013). "The secret war: British nationals stripped of their citizenship". OpenDemocracy UK. Archived from the original on 10 September 2019. Retrieved 3 September 2025.
  4. ↑ "Immigration, Asylum and Nationality Act 2006". The Guardian . 19 January 2009. Archived from the original on 5 September 2013. Retrieved 3 September 2025.
  5. ↑ Jones, Alun (5 May 2023). "Welsh language oath asks people to curse at God". BBC News. Archived from the original on 5 May 2023. Retrieved 3 September 2025.
  6. ↑ "INTEGRATION WITH DIVERSITY IN MODERN BRITAIN: NATIONALITY, IMMIGRATION & ASYLUM WHITE PAPER PUBLISHED". Local Government Chronicle . 7 February 2002. Archived from the original on 3 September 2025. Retrieved 3 September 2025.
  7. ↑ Stone, Jon (30 June 2022). "Home Office must urgently fix 'joke' UK citizenship test, committee says". The Independent. Archived from the original on 30 June 2022. Retrieved 3 September 2025.
  8. ↑ "TRUST AND CONFIDENCE IN OUR NATIONALITY, IMMIGRATION AND ASYLUM SYSTEM, BILL PUBLISHED". Local Government Chronicle. 12 April 2002. Archived from the original on 3 September 2025. Retrieved 3 September 2025.
  9. ↑ "S65 of Immigration Act 2014". Legislation.gov.uk.
  10. ↑ "Register as a British citizen: Born before 1 July 2006 to a British father". Gov.uk.
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