British Nationality Act 1981
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The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.
Main article: History of British nationality law
Contents |
[edit] History
In the mid-1970s the British Government decided to update the nationality code, which had been significantly amended since the British Nationality Act 1948 came into force on 1 January 1949. In 1977, a Green Paper was produced outlining options for reform of the nationality code. This was followed in 1980 by a White Paper containing the government's specific plans for change. The British Nationality Act 1981 received Royal Assent on 30 October 1981 and came into force on 1 January 1983.
Subsequently, the British Nationality Act has been significantly amended, including:
- British Nationality (Falkland Islands) Act 1983
- Hong Kong Act 1985 and Hong Kong (British Nationality) Order 1986
- British Nationality (Hong Kong) Act 1990, which introduced the British Nationality Selection Scheme
- Hong Kong (War Wives and Widows) Act 1996
- British Nationality (Hong Kong) Act 1997
- Adoption (Intercountry Aspects) Act 1999
- British Overseas Territories Act 2002
- Nationality, Immigration and Asylum Act 2002
- Immigration, Asylum and Nationality Act 2006
[edit] Objectives of the Act
The Act had a number of purposes.
[edit] Reclassification of United Kingdom and Colonies citizenship
The Act reclassified Citizenship of the United Kingdom and Colonies (CUKC) into three categories:
- British citizenship
- British Dependent Territories citizenship (BDTC); and
- British Overseas citizenship.
Since 1962, with the passage of the Commonwealth Immigrants Act 1962, not all CUKCs had the Right of Abode in the United Kingdom. The Act sought to restore once again the link between citizenship and right of abode by providing that British citizenship - held by those with a close connection with the United Kingdom, Isle of Man and Channel Islands - would automatically carry a right of abode in the UK. The other categories of British nationality would not hold such status based on nationality, although in some cases would do so under the immigration laws.
The Green Paper of 1977 originally proposed just two categories of British nationality, British citizenship and British Overseas citizenship. However, the British Dependent Territory governments successfully lobbied for an additional category of nationality which would cater for those with close connections to any of the British territories.
[edit] Modification of Jus soli
The Act also modified the application of Jus soli in British nationality. Prior to the Act coming into force, any person born in Britain (with limited exceptions such as children of diplomats and enemy aliens) was entitled to British Citizenship. After the Act came into force, it was necessary for at least one parent of a United Kingdom-born child to be a British citizen or "settled" in the United Kingdom (permanent resident).
As a result, even following the coming into force of the Act, the vast majority of children born in the United Kingdom still acquire British citizenship at birth. Special provisions are made for non-British UK born children to acquire British citizenship in certain circumstances.
[edit] Other changes
The Act made a variety of other changes to the law:
- Mothers as well as fathers were allowed to pass on British citizenship to their children.
- The term Commonwealth citizen was used to replace British subject. Under the Act, the term British subject was restricted to certain persons holding British nationality through connections with British India or the Republic of Ireland before 1949.
- Right of Abode could no longer be acquired by non-British citizens. A limited number of Commonwealth citizens holding Right of Abode were allowed to retain it.
- The rights of Commonwealth and Irish citizens to become British citizens by registration were removed and instead they were to be expected to apply for naturalisation if they wanted to acquire British citizenship.
- Special provision was made for persons from Gibraltar to acquire British citizenship.
- Women married to British men could no longer acquire British citizenship purely by marriage.
- British Crown Colonies were renamed British Dependent Territories (subsequently amended to British Overseas Territories)
In some cases, transitional arrangements were made that preserved certain aspects of the old legislation. Most of these expired on 31 December 1987, five years after the Act came into force.
[edit] Criticisms
Critics argued that one of the main political motivations behind the new law was to deny most Hong Kong-born Chinese people the right of residency in the United Kingdom in the time preceding the Sino-British Joint Declaration in 1985 and later the hand-over of Hong Kong (then the largest British Colony), to Chinese sovereignty in 1997. However, persons from Hong Kong had lost the automatic right to live in the United Kingdom in 1962 and the Act did not change the substance of that fact.
The act is also seen as a minor factor in precipitating the Falklands War, as Argentina apparently saw the move as a sign of disengagement of the United Kingdom from its Falklands dependency[citation needed]. After the war, full British citizenship was granted to the Falkland Islands.
Other criticisms were levelled at the time at the removal of the automatic right to citizenship by birth in the United Kingdom. However, due to the fact that UK-born children of permanent residents are automatically British, the number of non-British children born in the United Kingdom is relatively small. Special provisions made in the Act for those who do not have another nationality, and for those who lived a long time in the United Kingdom, have meant there is little pressure for any change to the current law. Similar legislation has been enacted in Australia (1986), Republic of Ireland (2005) and New Zealand (2006).
