Act of Parliament | |
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. |
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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.
This Act created a number of changes to the law including:
The Nationality, Immigration and Asylum Act 2002 has also 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.
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.
In adding a section 4C to the British Nationality Act 1981, a person is entitled to registration if:
Registration under both these categories confers British citizenship by descent and hence those with permanent residence in the United Kingdom, or those with the right to take up permanent residence in the United Kingdom, may prefer to apply for naturalisation or section 4 registration instead. Both of these registration categories give British citizenship otherwise than by descent.
Under amendments made by the Act, 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. This provision applied to only dual nationals-—it is not applicable if deprivation would result in a person's statelessness.
Prior to this law, British nationals who acquired that status by birth or descent (as opposed to registration or naturalisation) could not be deprived of British nationality.
All new applicants for British citizenship from 1 January 2004 who are aged 18 or over must attend a citizenship ceremony and take an Oath of Allegiance and a Pledge to the United Kingdom before their grant of British citizenship can take effect
Similar requirements are imposed on applicants for British overseas territories citizenship, with the exception that the Pledge is based on the relevant territory rather than the United Kingdom.
It is unusual for adults to acquire British Overseas citizenship or British subject status (application must be made before age 18 and is very rarely granted); however, in such a case only an Oath of Allegiance would be required.
From 28 July 2004, English (or Welsh or Scottish Gaelic) language requirements for naturalisation applicants were increased:
From 1 November 2005, all new applicants for naturalisation as a British citizen must (unless exempted) prove they have passed the Life in the United Kingdom test.
Neither the language nor Life in the UK test requirements apply to those seeking registration (as opposed to naturalisation) as a British citizen.
Note that passing the test is also required for anyone wishing to remain indefinitely in the UK, whether or not they apply for citizenship. E.g., a husband or wife of a British citizen will be deported if they do not pass the test in time.
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.
Children born to unmarried British fathers before 1 July 2006 are not included in this provision. However they can be registered as British citizens upon application to the Home Office (if not British some other way), provided the child is aged under 18 and would have been British had the father been married to the mother. However, the agreement of the mother is needed. If the mother refuses then policy is for the home office to enquire of her reasons for refusal. If her reasons are deemed unreasonable registration may still be granted. Also, the minor can apply in his own right on reaching the age of 17.
(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. [1] Such child must also meet character requirements, pay relevant processing fees and attend a citizenship ceremony. [2] 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.)
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.
Canadian nationality law details the conditions in which a person is a national of Canada. With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after living in Canada for at least three years while holding permanent residence and showing proficiency in the English or French language. As Commonwealth citizens, Canadian citizens have favoured status when residing in the United Kingdom; those living in the UK are eligible to vote and serve in public office or non-reserved government positions.
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
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.
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.
The Republic of South Africa rewrote its nationality law after the end of apartheid in 1994 and the establishment of majority rule in the country under the newly elected African National Congress. The 1995 South African Citizenship Act revoked the previous Union of South Africa Act of 1949 and apartheid-era 1970 Act, the 1970 Act had established separate bantustan citizenship to the country's African majority and inferior levels of citizenship to the country's Asian and coloured minorities.
Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and formal membership in a nation are separated from the relationship between a national and the nation, known as citizenship. Some nations domestically use the terms interchangeably, though by the 20th century, nationality had commonly come to mean the status of belonging to a particular nation with no regard to the type of governance which established a relationship between the nation and its people. In law, nationality describes the relationship of a national to the state under international law and citizenship describes the relationship of a citizen within the state under domestic statutes. Different regulatory agencies monitor legal compliance for nationality and citizenship. A person in a country of which he or she is not a national is generally regarded by that country as a foreigner or alien. A person who has no recognised nationality to any jurisdiction is regarded as stateless.
Australian nationality law details the conditions in which a person holds Australian nationality. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007. Regulations apply to all states and territories of Australia.
New Zealand nationality law details the conditions by which a person holds New Zealand nationality. The primary law governing nationality requirements is the Citizenship Act 1977, which came into force on 1 January 1978. Regulations apply to the entire Realm of New Zealand, which includes the country of New Zealand itself, the Cook Islands, Niue, Tokelau, and the Ross Dependency.
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.
This article is about British nationality law in respect of citizens of Ireland. The latter is referred to in British nationality law as the "Republic of Ireland" and was previously referred to as "Eire" [sic] between 1937 and 1949 and as the Irish Free State between 1922 and 1937..
Malaysian nationality law is the law of Malaysia that deals with citizenship and other forms of nationality. This law is established in Articles 14 to 31 of the Constitution of Malaysia.
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. This category was created to differentiate between British nationals with strong ties to the United Kingdom and those connected only with an overseas territory, both of which groups had shared Citizenship of the United Kingdom and Colonies (CUKC) before 1 January 1983. The primary right of citizenship, that of abode in the United Kingdom, had been involuntarily taken away from colonial CUKCs by 1968 and 1971 Acts of Parliament, unless they retained it through a qualifying connection with the United Kingdom. Under the British Nationality Act 1981, which went into effect on 1 January 1983, colonial CUKCs without a qualifying connection to the United Kingdom became British Dependent Territories citizens, a citizenship which did not include right of abode anywhere; not even in the territories in which they were born. Those with British Overseas Territories citizenship remained British nationals, but not British citizens. As the United Kingdom is a Commonwealth Realm, all British Nationals, including BDTCs, remained Commonwealth citizens, though free movement by citizens of other Commonwealth countries into the United Kingdom had ended with the Commonwealth Immigrants Act 1962.
Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.
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.
Singaporean nationality law details the conditions by which a person holds Singapore nationality. The primary law governing nationality requirements is the Constitution of Singapore, which came into force on 9 August 1965.
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality and created the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the national citizenship of the United Kingdom and its colonies.
British nationality law dictates the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the UK's historical status as a colonial empire. The primary class of British nationality is British citizenship, which is associated with the United Kingdom itself and the Crown dependencies. The Home Office has stated that "British citizenship is a privilege, not a right". Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement and acquiring settled status.
Antiguan and Barbudian nationality law is regulated by the 1981 Constitution of Antigua and Barbuda, the various Antigua and Barbuda Citizenship Acts, the Millennium Naturalisation Act of 2004, and various British Nationality laws. These laws determine who is, or is eligible to be, a national of Antigua and Barbuda. Antiguan and Barbudian nationality is typically obtained either on the principle of jus soli, i.e. by birth in Antigua and Barbuda; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Antiguan or Barbudian nationality. It can also be granted to persons with an affiliation to the country, by investment in the country's development, or to a permanent resident who has lived in the country for a given period of time through naturalisation. 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.