British citizenship and nationality law |
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Introduction |
Nationality classes |
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See also |
Law relating to former territories |
Relevant legislation |
A UK Ancestry visa is a visa issued by the United Kingdom to Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands, Isle of Man or Ireland (before 1922) who wish to work in the United Kingdom. It is used mainly by young Australians, New Zealanders and South Africans of British descent coming to the UK to work and as a base to explore Europe. [1]
The main requirements are: [2]
As a result of the Immigration Act 2014, the applicant may also be required to pay a healthcare surcharge as part of the process. [2] [3]
The visa is granted for five years in the 'limited leave to enter' category. After this, the holder can apply for an extension (limited leave to remain) or for indefinite leave to remain (ILR). For ILR, the holder must show that he or she has been living continuously in the UK and is currently in continuing employment or has worked throughout the five years. The Home Office's guidance makes clear that if the applicant is working at the time of the ILR application, the applicant needs to show only that his or her current employment will continue. If not working at the time of the ILR application, the applicant will need to show that he or she has been continually working or looking for work throughout the five-year period. [4]
This visa does not prevent the holder from undertaking study; however, to stay within the terms of the status the holder should also be working.
After acquiring indefinite leave to remain, it is possible to apply for British citizenship by naturalisation after meeting normal residence requirements. See British nationality law .
A grandparent born in Northern Ireland at any time, or what is now the Republic of Ireland prior to 1 April 1922, gives rise to an entitlement to a right to admission under UK ancestry. However, there may also be an entitlement to register as an Irish citizen by descent which grants de facto permanent residency in the UK immediately.
This may be possible as an alternative to, or in addition to, a UK Ancestry visa.
On 26 October 2005, The Times published an article outlining possible plans by the British Home Office to abolish admission under UK ancestry in favour of a points-based migration system. The issue had apparently been raised in the House of Commons Home Affairs Select Committee. The possibility of abolition alarmed many people with British-born grandparents living in Commonwealth countries.
Scotland's First Minister, Jack McConnell, expressed his concern over the possible abolition of the UK Ancestry visa. Mr. McConnell had recently been in Canada to encourage Canadians of Scottish heritage to move to Scotland. Canada has over four million citizens that are of Scottish descent. Part of the reason for this campaign was the concern over declining population and birth-rate in Scotland. His campaign received a great deal of interest in Canada. [5]
In March 2006, the announcement of a new points-based system made it clear that the ancestry route to the UK was outside its scope. [6]
The abolition of this route was once again brought up by the Home Office in February 2008 in a green paper. [7] After receiving substantial feedback during consultation, the proposal was revised in July 2008 to preserve the clearance, but to provide that people taking that route to go through a probationary citizenship stage before applying for British citizenship or permanent residence. [8]
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.
Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).
Since 1945, immigration to the United Kingdom under 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 1992-1993, when the EU was created, immigrants have come from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since the Brexit came into effect, previous EU citizenship's right to move and reside in the EU 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.
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 primary law governing New Zealand 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.
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.
The Highly Skilled Migrant Programme (HSMP) was a scheme from 2002 until 2008, that was designed to allow highly skilled people to immigrate into the United Kingdom to look for work or self-employment opportunities. It was different from the standard UK work permit scheme in that applicants did not need a specific job offer in the UK. It has now been replaced by Tier 1 (General) of the new points-based immigration system for those who are already living in the UK with HSMP and Tier 2 for those who are currently living outside of the UK or living in the UK in a different immigration category.
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.
British nationality law prescribes 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. Foreign nationals may naturalize as British citizens after meeting a minimum residence requirement and acquiring settled status.
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.
The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for persons with British National (Overseas) citizenship. BN(O) citizenship was created in 1987 after the enactment of Hong Kong Act 1985. BN(O) citizens are permanent residents of Hong Kong who were British Dependent Territories citizens until 30 June 1997, and chose to remain British by registering for BN(O) citizenship when Hong Kong was under British administration.
The visa policy of the United Kingdom is the policy by which Her Majesty's Government determines visa requirements for visitors to the United Kingdom, and the Crown dependencies of Guernsey, Jersey, and the Isle of Man and those seeking to work, study or reside there. All intended entrants must obtain a visa unless they are exempt.
Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely. Despite the name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office. The Indian government can revoke OCI status in a wide variety of circumstances. As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora.
United Kingdom immigration law is the law that relates to who may enter, work in and remain in the United Kingdom. There are many reasons as to why people may migrate; the three main reasons being seeking asylum, because their home countries have become dangerous, people migrating for economic reasons and people migrating to be reunited with family members.
Immigration policies of the United Kingdom are the areas of modern British policy concerned with the immigration system of the United Kingdom—primarily, who has the right to visit or stay in the UK. British immigration policy is under the purview of UK Visas and Immigration.