Summary
One result of the Act was to stop the permanent migration of workers from the overseas members of the Commonwealth of Nations, unless they met certain tests. It elaborated the definition of "patrial" migrants, first introduced in the Commonwealth Immigrants Act 1968, as persons born in the United Kingdom and persons who had resided there for the previous five years or longer. [3]
Right of abode
The Act limited the right to enter and live in the United Kingdom to certain subsets of Citizens of the United Kingdom and Colonies with ties to the UK itself.
That wording of the measure introduced minor confusion into the concept of the right of abode, when it limited right of abode through descent to a CUKC who had a parent who had CUKC status by "birth, adoption, naturalisation or .... registration in the United Kingdom or in any of the islands" or a grandparent CUKC who "at the time of that birth or adoption so had it". [4] [5]
Whether "so had it" referred to a grandparent who had CUKC status generally or CUKC status from the UK and islands specifically was decided by the courts to refer to the latter. [4] [5]
The right of abode on 31 December 1982 was necessary to become a British citizen on 1 January 1983 under the automatic transition at commencement of CUKC provisions of the British Nationality Act 1981, so failing to meet the interpretation of the right of abode test above resulted in no British citizenship through that route. [4] [5]
The British Nationality Act 1981 modified the right of abode section of the Immigration Act 1971 to remove the wording at issue, although the former version still had effect for determinations of British citizenship through right of abode for persons born before 1983, and potentially for their descendants. [4] [5]
Immigration Rules
Section 1 of the act provides for "rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act". [6]
In 1972, the Heath administration introduced the first proposed Immigration Rules under the 1971 act. [7] The rules proposal drew criticism from Conservative Party backbenchers, because it formally implemented a limit of six months of leave to enter as a visitor for white "Old Commonwealth" citizens who were "non-patrial" (did not have Right of Abode under the 1971 act, generally because they did not have a parent or grandparent from the UK). [7] At the same time the proposal opened the door to free movement of certain European workers from European Economic Community member states. [7] Seven backbenchers voted against the proposed Rules and 53 abstained, leading to defeat. [7] Minutes from a Cabinet meeting the next day conclude that "anti-European sentiment" among backbenchers, who instead preferred "Old Commonwealth" migration to the UK, was at the core of the result. [7] The proposal was revised, and the first Rules were passed in January 1973. [7]
By August 2018, the Immigration Rules stood at almost 375,000 words, often so precise and detailed that the service of a lawyer are typically required to navigate them. [8] That length represented nearly a doubling in just a decade. [8] During the period of the introduction of the "hostile environment" policy under Prime Minister Theresa May, more than 1,300 changes were made to the Rules in 2012 alone. [8] Former Lord Justice of Appeal Stephen Irwin referred to the complexity of the system as "something of a disgrace", and an effort to gradually overhaul the Rules into a more understandable system began to take place. [8] The England and Wales Law Commission began to make recommendations for clearer rules to be adopted. [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.
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.
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 former BDTCs; 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.
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.
Irish citizens in the United Kingdom enjoy a special status when residing there, due to the close proximity of the island of Great Britain and the island of Ireland and the historical ties between the two islands. Irish citizens from the Republic of Ireland are considered to have automatic and permanent permission to live in the United Kingdom and are eligible to vote, stand for public office, and serve in non-reserved government positions.
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.
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.
