Talk:British nationality law/Archive 2

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Archive 1

Archive 2

Original research

The edits by the IP address contain obvious original researches and are reverted:

no source listed;
distinguished the British citizenship acquired with connections to Crown Colonies and Gibraltar for no reason (Crown Colonies British citizens are EU citizens without the rights of free movement, but that's irreverent to British nationality laws);
added the possible scenario on how a person may be considered British by other countries (this is a blunt assumption on the different countries' immigration laws being the same);
added acquisition on those 4 inactive categories through Royal prerogative, which is no different than the previous wording (the acquisition of these nationalities are no longer backed by a special set of rules).
removed detailed description on the right of abode section, which is for the purpose to demonstrate de facto statelessness among British nationals. C-GAUN (talk) 20:29, 22 April 2017 (UTC)

British nationality passed from mother to children?

I am a british citizen living outside the UK. I gained British nationality by descent, my mother being born in Chagos island and lived part of her life there( a British Indian Ocean Territory). I am holder holder of a british passport , mentionned" british citizen" and would like to know if I can pass on my nationality to my three children, 9 yrs, 6 yrs and 1 1/2 years old.

I thank you very much for your help.

Marie France Wang

If you are a British citizen by descent and acquired this status by virtue of section 6 of the British Overseas Territories Act then it does not automatically make your own children British citizens. http://www.opsi.gov.uk/acts/acts2002/20008--a.htm#6

There may be options available if your children are stateless (ie, have no nationality).

Otherwise, you would likely need to bring your children to the UK on settlement visas and apply for them to be registered as British citizens after taking up residence in the UK. The precise mechanics and residence period will depend on their circumstances. Visit http://www.ukvisas.gov.uk for information on entry clearance. JAJ

British citizenship by naturalisation - proof of knowledge of the language

A statement in this section seems to be no longer correct and needs to be reviewed.

The statement "...Those who pass the Life in the UK test are deemed to meet English language requirements" seems to be no longer correct as the Home Office appear to require both a sertificate from a successfully passed "Life in the UK" test and a certificate of a successfully passed language test equivalent to at least level "B1".

Could someone competent in the matter (paticularly one familiar with the changes made in November and December 2015) clarify this and ammend the text in order to make it a correct and true representation of the current rules?

Plamen Grozdanov (talk) 23:44, 30 December 2015 (UTC)

I am not an immigration expert, but the text on the page as at March 2019 appears to be incorrect, the Booklet AN available on UK Gov website states:

"You can satisfy the knowledge of language and life in the UK requirement if you have passed the Life in the UK test and either:

have a speaking and listening qualification in English at B1 CEFR or higher, that is on the Home Office’s list of recognised tests and was taken at an approved test centre

or have a degree taken in the UK or have a degree certificate that was taught or researched in a majority English speaking country and: an Academic Qualification Level Statement (AQUALS) from UK NARIC confirming the qualification is equivalent to a UK qualification or have a degree certificate that was taught or researched in a non-majority English speaking country and: an Academic Qualification Level Statement (AQUALS) from UK NARIC confirming the qualification is equivalent to a UK qualification and an English Language Proficiency Statement (ELPS) from UK NARIC showing that your degree was taught in English.

or are a national of a majority English speaking country"

Better to see: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/766535/an-booklet-December_2018.pdf

since the text layout may be clearer and there are exceptions e.g. age above 65 and further explanations of approved test centres etc. Ray3055 (talk) 16:45, 12 March 2019 (UTC)

As at today's date, the article text now reflects the discussion above, so I shall now archive this section. 14:04, 27 November 2021 (UTC) Bushel C andle

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Are citizens also subjects?

It's not clear from the article if a British Citizen is also a Subject. Would be good to clear up this old chestnut (long argued point). Fantastic work though, people, thanks. [mgaved 28 Oct 2004]

No.

Section 37 (4) of the British Nationality Act 1981 states that "No person shall have the status of ... a British subject otherwise than under this Act."

People can hold British subject status under the following sections of the 1981 Act:

s30 - former British subjects without citizeship connected with British India prior to 1949 and some women married to them
s31 - British subjects connected with pre-1949 Republic of Ireland
s32 - Minors registered as British subjects since 1983 (very uncommon)
s33 - Transitional entitlement to register as a British subject for a woman married to a British subject by virtue of s30 (expired on 31 December 1987)
s34 - provides for renunciation of British subject status
s35 - provides for automatic loss of British subject status should any other nationality be acquired.

From the above it's clear that:

the provisions for conferring British subject status do not extend to British citizens
any British subject who becomes a British citizen automatically loses British subject status, with the exception being a British subject from Ireland (s31) who can hold both statuses simultaneously upon naturalisation/registration as a British citizen. However, retaining British subject status is meaningless to someone who has become a British citizen. [24 June 2005] JAJ

This section should be archived. Kaihsu (talk) 13:51, 28 November 2021 (UTC)

Soli, not solis

Please note that the correct form is soli (= of the soil) — as in lex soli or ius soli — not solis (= of the sun).

This section should be archived. Kaihsu (talk) 13:51, 28 November 2021 (UTC)

Cost

According to the Guardian, British nationality might cost up to € 1300 : https://www.theguardian.com/uk-news/2021/apr/14/irish-born-dup-peer-willie-hay-criticises-rules-for-obtaining-british-passport This unsigned comment was written by unregistered user 88.136.215.10 on 14 April 2021 at 14:07.

It might also be cheaper and a lot dearer depending on the type of application and visa route taken, not really relevant to the article. MilborneOne (talk) 12:59, 23 April 2021 (UTC)

EU and NI-born

A braintwister for someone who feels up to it: O'Carroll, Lisa (14 May 2020). "Northern Ireland-born British and Irish win EU citizenship rights". The Guardian. Retrieved 14 May 2020. Errantius (talk) 14:45, 14 May 2020 (UTC)

More at https://www.bbc.co.uk/news/uk-northern-ireland-52660737 with time-line of the background case. UK nationality law doesn't preclude dual-citizenship (unlike quite a few other countries). Is there really a brain twister here? I can't see how it matters? Her husband hasn't gained UK nationality, just right-to-reside. Their case is now being treated same as some random couple from (say) Italy, who have lived in the UK for years, that is the only change as far as I can see? --John Maynard Friedman (talk) 16:34, 14 May 2020 (UTC)

Reading about this a little more, yes, it does have 'unusual' features. As I read it (not being a lawyer!), the plaintiff has the right to bring her husband to the UK to live because she is Irish. She would not normally have that right if she were British. Despite (in UK law) always being British by birth and descent, she has also (in Irish law) always been Irish by birth and descent. Not that it matters but she has never asserted the former, always the latter and that, if she had been born ten miles to the west in RoI, the question would never arise.

Nevertheless in UK law, you haven't been able to just ignore your British citizenship, you have to formally (and expensively) renounce it. The British/Irish treaty associated with the Good Friday Agreement declared that people from Northern Ireland have the right to be "British, Irish, or both" as they wish. The problem for the Immigration Tribunal was that this treaty had not been transposed into UK law, which is why it had to find against her - because she is British. HMG has now done so, at least insofar as it affects immigration. (read it here, pp10-14). --John Maynard Friedman (talk) 08:41, 15 May 2020 (UTC)

So under EU.11 there, any British citizen can reside in NI and be treated as a “relevant person of NI”? Reminds me of the ingenious solicitor in Chen v Home Secretary.... Kaihsu (talk) 12:46, 6 May 2021 (UTC)

No, I think they would have to satisfy the standard requirements for Irish nationality. --John Maynard Friedman (talk) 13:07, 6 May 2021 (UTC)

And for the opposite side of the riddle, see Willie Hay, Baron Hay of Ballyore. Nobody said it would be easy. Well hardly anybody. --John Maynard Friedman (talk) 13:17, 6 May 2021 (UTC)