The nationality law and British citizenship is complex because of the different statuses granted because of the country's colonial history. Its foundations and current generals have been laid by the British Nationality Act 1981 (en). The various statutes distinguish between mainly British citizens and citizens from the British territories overseas. They are all gathered under the concept of a Commonwealth citizen. This concept is not specific to UK law : most member states of the Commonwealth have their own laws governing the rights in respect to this status. Apart from exceptional British citizenship automatically gives the right to European citizenship. Unlike the majority of nation states , it is possible to hold British nationality without being a British citizen: it is notably the case of certain nationals of countries that were part of the British Empire , or the most people of Hong Kong.

Historically, the common law granted British citizenship on the basis of jus soli. Gradually, the right of blood has also been established for persons born abroad to British parents. No real process naturalization was otherwise provided for, although a legislative procedure will alternate giving the civil rights but not political rights (eligibility, etc..) and an executive procedure, called deniz (fr) , which include foreigners allowed to own land in the Kingdom. The Sophia Naturalization Act of 1705 (en) granted citizenship and English at Sophia of Bohemia , daughter of Elizabeth of England was born abroad, and all his descendants confession Protestant. Although this law was repealed in 1948, it has permitted Ernst August IV of Hanover in 1958 to obtain British citizenship.

The Union Act of 1800 granted British citizenship to the people of Ireland , allowing it to settle in England. Irish immigrants, however, went instead to the United States. The Passenger Vessels Act 1803 (fr) , repealed in 1826 and few strictly enforced, severely limits the migration , in a spirit mercantilist , increasing the price of transatlantic crossings. Regulations restricting emigration were abolished in the years 1825-1826, thereby breaking the mercantilist ideology. While freedom of movement was favored in the Aliens Restriction Act of 1836 moves the controls at national level, by requiring any person who is not a British citizen to submit to Customs 'any passport in his possession "or to announce "to which country he or she belongs, and the country and the place where he or she arrives." He stated that the burden of proof (to prove the possession of British nationality) to incumbent carriers, forcing him to prove his identity, a process which favored the development and passports. This law, however, gradually fell into disuse, and these acts will be reinstated in 1905.

Laws establishing administrative procedures for naturalization were promulgated in 1844, 1847 and 1870. The 1870 Act also introduced the possibility of losing or abandoning British citizenship, including requirements that British women are marrying a foreigner would lose their citizenship, which was an important break with the common law that any proscribait denationalization.

British Nationality and Status of Aliens Act 1914

The British Nationality Act and the Status of Aliens Act 1914, effective ¹January 1915 , and adopted almost simultaneously, forcing individuals wishing to enter the country to prove their rights and thus carry passports or documents identification. The immigrant had been severely restricted by the Aliens Act of 1905 (fr) , opposed by the Liberals of Manchester. The UK Immigration Service (in) is established the following year. Laws severely restricted the residence of foreigners, including the port demanding a certificate and registering their residence with the police ^{The 1948 Act, the status of "citizen of the United Kingdom and Colonies" (CUKC) and immigration laws}

Map of various allowances of the British Empire.

After the decision of Canada , in 1946, to enact its own laws regarding nationality Canadian , Heads of Government of Commonwealth agreed to reform the nationality law. Previously, all these states (with the exception of the Irish Free State ) shared a single status, giving its citizens the status of British subject (en). It was thus decided that each state would implement specific legislation.

Thus, in the British Empire , the British Nationality Act 1948 (en) has granted the status of " citizen of the United Kingdom and Colonies (in) (CUKC) any person born in the United Kingdom or in the a colony of the empire. These were simultaneously " Commonwealth citizens (in) ". Until the Commonwealth Immigrants Act of 1962 (in) , any citizen of the United Kingdom and Colonies could freely enter and reside in the UK. The 1948 law allowed the obtaining of dual citizenship , except for Commonwealth citizens or British subjects (in) have adopted the nationality of the State concerned: in other words, a person applying for Canadian citizenship For example, losing status CUKC. The British Nationality Act of 1964, however, allowed to individuals who have abandoned their British citizenship for the benefit of the nationality of a Commonwealth country to resume their original nationality. It also prevented anyone from becoming stateless threat of losing its status CUKC. The same year, another law allows citizens of the United Kingdom and Colonies to transmit their status to their child if he or otherwise risk becoming stateless. In general, the transmission of nationality could not be done by the father.

The British government then refused to grant full citizenship to persons born in India or Pakistan and had been able to obtain Indian citizenship (in) or Pakistani. So they became British subjects without holding British citizenship. Since 2003, people in this case can obtain citizenship law without even reside in the United Kingdom; does reside, however, can afford to obtain by other procedures, preferable as they allow to pass then that citizenship by descent.

The Commonwealth Immigration Act of 1968 accentuated the distinction between CUKC entitled to enter and reside in the UK, and those who did not. This had the effect, for a number of people born in East Africa in states acceded to independence, not to enjoy in any area of the right of abode (in) , or unlimited right of residence.

The Immigration Act of 1971 (en) then created the concept of right of abode (in) , which allows it to be exempt from any border control in some Commonwealth citizens and British subjects. Law accentuated the distinction between CUKC, some benefiting from this right, some not. The United Kingdom was thus one of the few countries not to grant the right to enter the country to all its citizens, which prevented him to ratify the Fourth Protocol of the European Convention on Human Rights signed in 1963. Article 3 of the Protocol provides that "no person shall be deprived of the right to enter the territory of the State whose nationality he possesses. These restrictions affected to particularly Indians expelled from the Uganda of Idi Amin , who held a passport CUKC. 80 000 of them went to Canada and South Africa , and 25 000 only in the United Kingdom, which had even planned to send the Solomon Islands or in the Falklands . The right ( Ronald Bell (in) , the Conservative Monday Club (in) , then distinguished himself ) stated that these citizens CUKC had no real connection with the United Kingdom, but with India he held no nationality.

Today, this right applies only to persons born, adopted or married before 1983. These conditions exclude, for example the South Africa and Pakistan , who were not members of the Commonwealth in 1982, but include Zimbabwe , who were then still considered citizens of the Commonwealth in the absence of a law reform 1981. This right includes the unrestricted right to reside and work permanently in the United Kingdom, the right to enter and exit the territory using the same lines as British citizens, the benefit of social protection systems, the to vote and be eligible (the latter being granted rights to all citizens of the Commonwealth). Children born in the United Kingdom of persons benefiting from this scheme are normally automatically have British nationality.

The 1981 Act and the various categories of British citizenship

Location of British territories overseas. Since 2002, citizens of these territories can combine this specific citizenship British citizenship law, which was acquired as of right.

The British Nationality Act 1981 (en) , the basis of existing law in effect since 1983, replaced the status of "citizen of the United Kingdom and Colonies" (CUKC) by three possible statuses:

• "British citizen" for CUKC enjoying right of abode (in) (right of residence) under the Immigration Act of 1971 (in) , that is to say freely and without restrictions that may enter and reside in the United Kingdom and the Islands ( the Channel Islands and Isle of Man ). Moreover the people of the United Kingdom and Islands with the ordinary status of British citizenship until 2002 it included only the inhabitants of Gibraltar or the Falklands (under the British Nationality (Falkland Islands) Act 1983 (en) promulgated after the Falklands War ).

• "Citizen of a British Dependent Territory (British Dependent Territories Citizen, which has since become British Overseas Territories Citizen (in) or BOTC). Since the British Overseas Territories Act 2002 (fr) , these have acquired British citizenship law (except for those arising in Akrotiri and Dhekelia , British bases in Cyprus ).

• or "British National Overseas ( British Overseas Citizen (in) , BOC). Those do not necessarily have the right to stay in the UK.

British citizenship is thus the most common, and grants the right of residence automatically. However, the rights granted by this statute are barred when it was acquired by birthright (that is to say for a person born outside British territory, but has British citizenship by descent). With the handover of Hong Kong in 1997, the number of people living in the dependent territories of the United Kingdom has plunged from 6 million to 180 000 .

Apart from British citizenship and that BOTC, these other forms of citizenship are required to gradually die out, being transmitted only in exceptional cases (eg to prevent a child from being stateless ). BOC, the "British subjects," the BPP ( British protected person (in) ) and BNO ( British National (Overseas) (fr) , custom designed for the people of Hong Kong ) have no right of residence ( right of abode (in) ) in the United Kingdom and are therefore subject to the procedures governing the common law of aliens. All of these categories must apply for a visa to enter the European Union.

The British citizens, British subjects (in) enjoying the right of abode (in) , and BOTC from Gibraltar are considered, by Community law , as with the European citizenship , allowing them to reside in any particular state Member of the European Union. Those from the Channel Islands or the Isle of Man did not have that right unless they are related by descent or residence in the United Kingdom, however, they may freely reside in the state of Ireland because of the agreement on the Common Travel Area (en) (Common Travel Area), which can travel without a passport between Ireland, the United Kingdom, the Channel Islands and the Isle of Man.

citizenships overseas

Two distinct forms of citizenship (BOTC and BOC) have been established to govern the British territories overseas and citizens of former colonies. The member Labor Fiona Mactaggart (en) described them as "second class status" .

Since the British Overseas Territories Act 2002 (fr) , all citizens overseas BOTC (except those of Akrotiri and Dhekelia ) are also British citizens: these two citizenships may be combined. The BOC is the former CUKC that have been reclassified as either British citizens or as CGNDB. These are most often people whose status CUKC came from former colonies such as Malaysia or Kenya.

The status of British Overseas Citizen (BOC) does not grant automatic right of entry and residence in any territory overseas, and in any way the right of entry and residence in the United Kingdom. If they have specific laws on nationality, each of these territories has indeed the capacity to decide for oneself the laws governing the migration , and can grant or not, the status of belonger (en) in General mixed right soil and blood.

However, since the 2002 reform, the BOC residing in the United Kingdom can obtain British citizenship, common law, not by a process of naturalization, but registration. This concerns in principle about 35 000 people, mostly people who worked for the colonial administration in India and before that law, and following the 1968 reform (in) , were holding the right of abode (in ) or the United Kingdom or any other state . In practice, however, that it would affect hundreds of people .

British subjects, BNO (Hong Kong) and BPP

The 1981 Act also defines the status of British subject (in) , which applies to former subjects of the Crown who were neither CUKC or citizens of a Member State of the Commonwealth. Most were subjects of the British Raj or Ireland , enjoying this status for a period prior to 1949.

Finally, there are two other categories of British nationality, one ad hoc, the British National (Overseas) (en) (BNO), created in 1985-1986 for the handover of Hong Kong to China , and British protected persons (in) (BPP). The bNOS are former BOTC Hong Kong who did not acquire the Chinese nationality after the handover in 1997 and who had no other nationality than that of overseas. This new citizenship is granted for life and is not transferable. It should be applied and those who did not and have not acquired Chinese nationality have been granted citizenship of BOC. Holders of British nationality, the BNO not British citizenship, and does not benefit the right of abode. This has been particularly criticized in 1996 by the UN Committee on the Elimination of Racial Discrimination, which noted:

"

that most persons holding BNO or BOC status are Asians and that judgments on the application of citizenship appear to vary according to country of origin, which leads to the assumption that this practice reveals elements of racial discrimination

"

They are however considered in other ways as with the citizenship of the Commonwealth.

The BPP are from colonies with the status of protectorate or protected state, nominally independent but under the "protection" of the Crown (such as Brunei , independent since 1984). The BPP are not Commonwealth citizens, are not considered as having British nationality, but are also not strangers. They did not, for example the right to vote in the United Kingdom, while being eligible for most public functions ( military , etc.).. This atypical form of nationality could be combined with that of the Protectorate in question. This status was however lost when on the independence , the person acquired the citizenship of the new state. The British Protected Persons Order 1978 withdrawing this status to any person who acquired another nationality. The British Nationality and Status of Aliens Act 1943 (Section 2.1) provided that persons born in a protectorate as a father with the status of British subject (in) automatically acquired by birthright , the status of British subject. With the 1948 law, these persons acquired CUKC. Today, after five years of residence in the UK (three years if married to a British citizen) and the acquisition last year, an Indefinite leave to remain (in) (ILR, so six years of residence ), the BPP may apply to obtain the nationality of law by a registration procedure.

Naturalisation

British citizenship can be obtained by naturalization , which is decided on a completely discretionary by the Secretary of the Home Office. In general, it follows certain criteria, although nothing legally not required to do so and it can grant or deny the naturalization of his good pleasure. The criteria vary depending on whether the applicant is married or not a British citizen. These criteria include:

• unlimited right of residence ( indefinite leave to remain (in) ) or equivalent (right to stay, right of abode (in) , awarded to Irish citizens, to a href = "% Citoyens_de_l 27Union_europ% C3% A9enne" title = "Citizens of the European Union" class = "mw-redirect"> European Union citizens or citizens of a state member of the European Economic Area ). This right must be detained for more than a year if the applicant is not married.
• the fact of legally resident in the UK for three years (five years if the applicant is not married);
• to be of "good character" (good character): a test is made by the police or other regulatory authorities;
• we know the habits and customs of the British, which can be demonstrated by passing a test Life in the United Kingdom (en) or by following courses in English and "citizenship";
• knowledge of English, Scottish or Welsh (which can be demonstrated by passing a test Life in the United Kingdom).

Loss of nationality

British citizenship may be waived upon request. Under the Immigration, Asylum and Nationality Act of 2006 (fr) ( section 56 ), a person with dual citizenship may also be deprived of British citizenship for reasons related to the "public interest" (public good). This possibility has existed since the Nationality, Immigration and Asylum Act 2002 (en).

The United Kingdom nevertheless signed the agreement in 2007 to interpret the Strasbourg Convention of the Council of Europe (1963) on dual nationality.

Status of Commonwealth citizens

Countries of the Commonwealth.

The citizens of the Commonwealth (in) (ex-British subjects) are not legally considered foreigners. They have in particular the right to vote (including the European elections ) and eligibility, as well as the right to hold public office (including sovereignty, such as in the army, police, etc.).. Some positions in the army but they are closed, as in the intelligence services or the Foreign and Commonwealth Office.

Those born before 1983 or were married or were adopted before 1983, are eligible for right of abode (in) , which has existed since 1971.

Those with one of their grandparents was born in the United Kingdom, the Channel Islands or the Isle of Man (or was born in what is today Ireland before 1922) , since 1972 may require a UK Ancestry Entry Clearance (in) which gives the right to work in the United Kingdom for a period of 5 years, after which the applicant may apply for Indefinite leave to remain (in) (ILR, residence permits permanent) and, where appropriate, be naturalized. This procedure is often used by young Australians, Canadians, New Zealanders or South Africans . The visa costs 270 . Citizens of other Commonwealth countries do not enjoy the moment this scheme, which requires a reciprocal agreement on this issue with the United Kingdom. Approximately 11,000 New Zealanders benefit each year of this possibility . This possibility is not linked to the citizenship of the Commonwealth (the Japan also benefits), but bilateral agreements .

Voting in national elections and European

The national (in) the countries of the Commonwealth and Ireland have no reciprocity, the same rights to vote and stand as British citizens, including the European elections.

The Court of Justice has been seized of this matter, and stated:

"

in the current state of Community law, the determination of holders entitled to vote and stand for elections to European Parliament falls within the competence of each Member State in respect of Community law, and that Articles 189 EC, 190 EC , 17 EC and 19 EC do not preclude Member States from granting that right to vote and eligibility for certain persons who have close ties with them, other than their own nationals or citizens of the Union residing in their territory.

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These rights were not suspended when some countries ( Pakistan , Fiji ) have been excluded or suspended from the Commonwealth following coups.

Voting rights of European citizens

Regional Assemblies (Scotland, Wales, Northern Ireland) in the United Kingdom are regarded as local councils and citizens can therefore vote if they register them as voters. During the Assembly election in Northern Ireland in March 2007 over 6,200 European residents, mainly Polish, Lithuanian and Romanian were enrolled .

References

See also

• Citizenship
• Afro-Caribbean UK
• Human Rights in the United Kingdom
• Nationality law
• Aliens Law
• Immigration policy in the European Union
• UK Borders Act of 2007

• Law portal
• United Kingdom portal

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