Immigration
Ensure you receive up-to-date immigration advice
Nationality and Citizenship
Guide to UK Citizenship:
What is Citizenship
Citizenship is the exclusive privilege given to an individual, also known as ‘citizen,’ of a particular state to exercise civil and political rights. Otherwise referred to as ‘nationality,’ the term vests rights and responsibilities to individuals under the laws of that country and entitles them to participate in its public life and affairs. Citizenship is both viewed as a privilege and an obligation since citizens are afforded rights relative only to their class and are obliged to render obedience to the laws of that particular state.
What Constitutes Citizenship
Citizenship involves rights and duties granted to British citizens. One of these rights is to permanently live in the United Kingdom (Right of Abode). The right to live includes the right to leave and seek re-entry to United Kingdom at any time, without any restrictions on immigration. A British citizen is entitled to all the rights granted by the state to its citizens. Other rights under United Kingdom laws include human rights, right of privacy, right to receive equal treatment, and rights of workers. The other aspect of citizenship requires abeyance to the restriction of these rights as well as prohibitions enforced by the United Kingdom government.
British Nationality Act of 1981 This law became effective on the first of January 1983. The British Nationality Act of 1981 superseded all other nationality laws of the United Kingdom before its implementation. This law also defined and categorized who are British citizens. British citizens are categorized under this law into: British Citizens, British Overseas Territories Citizens, British Overseas citizens, British subjects, British Nationals (Overseas), and British protected persons.
British Citizenship
British citizenship is the most common form of nationality and only these citizens automatically possess the right of abode and the right to work in the United Kingdom. The most common proof of British citizenship is the possession of a British passport.
British Overseas Territories Citizens
This form of citizenship is for people closely connected with the overseas territories and colonies of the United Kingdom. If you were born on 1 January 1983, you became a British citizen under the British Nationality Act and if your connection with the British territory is because of the British citizenship of your parents or grandparents, who have acquired the same through birth, registration, or naturalisation. You may have also become a British citizen through birth, descent, registration, naturalisation, legal adoption in the United Kingdom and Territories or if you have been a resident of these places for at least five years before 1 January 1983.
British Overseas Citizens
British overseas citizens are those formerly citizens of the United Kingdom and Colonies who have not been qualified as British citizens or British overseas territories citizens. These citizens have acquired their status as citizens of the United Kingdom and Colonies from former colonies of the United Kingdom and have thus gained independence, they do not have a right of abode in the UK.
British Subjects
They are defined under the British Nationality Act of 1981 who neither became citizens of the United Kingdom and Colonies nor of any Commonwealth state. These people acquired their British subject status as members of British India or the Republic of Ireland as having existed prior to 1949 and did not make an election as to their citizenship status. Those without citizenship but were subjects of the British Crown before 1949 may have also become British citizens.
British Protected Persons
This form of nationality was not included in the 1981 Nationality Act but these people derived their status as part of the British Empire but were not official dominion of the British Crown. They form part of those territories whose rulers governed independently but fall under the Crown’s ‘protection’. Up until 1949, this status was granted by royal decree. After that, it became a statutory grant and was limited only to those persons who do not have other nationality or means of acquiring one.
British Nationals (Overseas)
Citizens under this category did not form part of the 1981 Nationality Act either but was made under the Hong Kong Act of 1985 and the British Nationality Order of 1986. This form is exclusively applicable to former British Overseas Territories Citizens of Hong Kong who have applied for the status of British Nationals Overseas before Hong Kong was ceded to the People’s Republic of China. This status is likewise applicable to former British Overseas Territories Citizens who did not apply to gain British National Overseas status but neither acquired Chinese nationality after the turnover. They have automatically become British National Overseas.
Methods of Acquiring Citizenship
Birth
Those born of British parents in the United Kingdom or whose parents are authorized to permanently settle here, are British citizens by birth.
Descent
Those whose either parent is a British citizen become British nationals by descent. The same applies to means other than descent such as birth, legal adoption, registration, and naturalization in the United Kingdom.
Naturalisation
Those who are 18 years old and above and have been legally staying in the United Kingdom for at least five years (or 3 years if by marriage to a British Citizen) before filing their application for naturalisation may become British citizens. But this application is still subject to the discretion of the Home Office Secretary as seen fit.
Registration
This method of acquiring nationality is far simpler than naturalisation. But it is likewise limited by application. This is only available to British nationals aside from British citizens as provided under the 1981 Nationality Act. British nationals who have five-year residency in the United Kingdom are eligible for registration by filling out the required form or in the case of a British Overseas Citizen who is otherwise stateless.
Adoption
An adopted child only acquires British citizenship in two ways. First, if the adoption decree is ordered by a court in the United Kingdom or any of its territories; and second, if the adoption is pursuant to a Convention sanctioned by the United Nations on or beyond 1 June 2003 and the adopters are legal residents of the United Kingdom. At least one of the adopters must be a British citizen on both instances.
Dual Nationality
If you are an immigrant to the United Kingdom who is seeking British citizenship, you do not need to renounce your current nationality and vice versa. But this privilege does not apply to British subjects and British protected persons. The problem in dual nationality lies in instances where you are British and you travelled to a place where you also possess citizenship. International laws provide that United Kingdom cannot provide you consular assistance whilst you are in such place.
For further information please contact us on 0116 2664680.
What is Citizenship
Citizenship is the exclusive privilege given to an individual, also known as ‘citizen,’ of a particular state to exercise civil and political rights. Otherwise referred to as ‘nationality,’ the term vests rights and responsibilities to individuals under the laws of that country and entitles them to participate in its public life and affairs. Citizenship is both viewed as a privilege and an obligation since citizens are afforded rights relative only to their class and are obliged to render obedience to the laws of that particular state.
What Constitutes Citizenship
Citizenship involves rights and duties granted to British citizens. One of these rights is to permanently live in the United Kingdom (Right of Abode). The right to live includes the right to leave and seek re-entry to United Kingdom at any time, without any restrictions on immigration. A British citizen is entitled to all the rights granted by the state to its citizens. Other rights under United Kingdom laws include human rights, right of privacy, right to receive equal treatment, and rights of workers. The other aspect of citizenship requires abeyance to the restriction of these rights as well as prohibitions enforced by the United Kingdom government.
British Nationality Act of 1981 This law became effective on the first of January 1983. The British Nationality Act of 1981 superseded all other nationality laws of the United Kingdom before its implementation. This law also defined and categorized who are British citizens. British citizens are categorized under this law into: British Citizens, British Overseas Territories Citizens, British Overseas citizens, British subjects, British Nationals (Overseas), and British protected persons.
British Citizenship
British citizenship is the most common form of nationality and only these citizens automatically possess the right of abode and the right to work in the United Kingdom. The most common proof of British citizenship is the possession of a British passport.
British Overseas Territories Citizens
This form of citizenship is for people closely connected with the overseas territories and colonies of the United Kingdom. If you were born on 1 January 1983, you became a British citizen under the British Nationality Act and if your connection with the British territory is because of the British citizenship of your parents or grandparents, who have acquired the same through birth, registration, or naturalisation. You may have also become a British citizen through birth, descent, registration, naturalisation, legal adoption in the United Kingdom and Territories or if you have been a resident of these places for at least five years before 1 January 1983.
British Overseas Citizens
British overseas citizens are those formerly citizens of the United Kingdom and Colonies who have not been qualified as British citizens or British overseas territories citizens. These citizens have acquired their status as citizens of the United Kingdom and Colonies from former colonies of the United Kingdom and have thus gained independence, they do not have a right of abode in the UK.
British Subjects
They are defined under the British Nationality Act of 1981 who neither became citizens of the United Kingdom and Colonies nor of any Commonwealth state. These people acquired their British subject status as members of British India or the Republic of Ireland as having existed prior to 1949 and did not make an election as to their citizenship status. Those without citizenship but were subjects of the British Crown before 1949 may have also become British citizens.
British Protected Persons
This form of nationality was not included in the 1981 Nationality Act but these people derived their status as part of the British Empire but were not official dominion of the British Crown. They form part of those territories whose rulers governed independently but fall under the Crown’s ‘protection’. Up until 1949, this status was granted by royal decree. After that, it became a statutory grant and was limited only to those persons who do not have other nationality or means of acquiring one.
British Nationals (Overseas)
Citizens under this category did not form part of the 1981 Nationality Act either but was made under the Hong Kong Act of 1985 and the British Nationality Order of 1986. This form is exclusively applicable to former British Overseas Territories Citizens of Hong Kong who have applied for the status of British Nationals Overseas before Hong Kong was ceded to the People’s Republic of China. This status is likewise applicable to former British Overseas Territories Citizens who did not apply to gain British National Overseas status but neither acquired Chinese nationality after the turnover. They have automatically become British National Overseas.
Methods of Acquiring Citizenship
Birth
Those born of British parents in the United Kingdom or whose parents are authorized to permanently settle here, are British citizens by birth.
Descent
Those whose either parent is a British citizen become British nationals by descent. The same applies to means other than descent such as birth, legal adoption, registration, and naturalization in the United Kingdom.
Naturalisation
Those who are 18 years old and above and have been legally staying in the United Kingdom for at least five years (or 3 years if by marriage to a British Citizen) before filing their application for naturalisation may become British citizens. But this application is still subject to the discretion of the Home Office Secretary as seen fit.
Registration
This method of acquiring nationality is far simpler than naturalisation. But it is likewise limited by application. This is only available to British nationals aside from British citizens as provided under the 1981 Nationality Act. British nationals who have five-year residency in the United Kingdom are eligible for registration by filling out the required form or in the case of a British Overseas Citizen who is otherwise stateless.
Adoption
An adopted child only acquires British citizenship in two ways. First, if the adoption decree is ordered by a court in the United Kingdom or any of its territories; and second, if the adoption is pursuant to a Convention sanctioned by the United Nations on or beyond 1 June 2003 and the adopters are legal residents of the United Kingdom. At least one of the adopters must be a British citizen on both instances.
Dual Nationality
If you are an immigrant to the United Kingdom who is seeking British citizenship, you do not need to renounce your current nationality and vice versa. But this privilege does not apply to British subjects and British protected persons. The problem in dual nationality lies in instances where you are British and you travelled to a place where you also possess citizenship. International laws provide that United Kingdom cannot provide you consular assistance whilst you are in such place.
For further information please contact us on 0116 2664680.