All Articles: Citizenship
Home Office not required to help work out whether a child is British
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department  CSIH 16. Unfortunately, t ...22nd March 2022
Briefing: the Nationality and Borders Bill, Part 1 (citizenship reforms)
We covered the nationality portion of the New Plan for Immigration in an earlier article. Many of those proposals, largely concerning British Overseas Territories citizens and the Windrush generation, were notably less cruel and unusual than the other ...12th July 2021
British citizenship for children whose parents miss the EU settled status deadline
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain childr ...1st July 2021
“My passport is just my way out of here”: the Brits affected by deportation
Interviewer: What do you think it means to be British? Mary: It is a passport. To be British now, I’m sorry to say this, but it is a passport. That is it. That is what being British means to me. I have lost faith in the country which I used to call ...23rd June 2021
New Plan for Immigration: the proposed changes to nationality law
The New Plan for Immigration Policy Statement of March 2021 (the New Plan) contains proposals to make significant changes to immigration and nationality law and policy. This article addresses the proposals set out in Chapter 3, which concern changes t ...29th April 2021
What does the Life in the UK Handbook say about who the British people are?
This is a guest post by Isaac Abraham, Nath Gbikpi, Tom Hardwick, Barry O’Leary and Mala Savjani. On 22 July 2020, over 180 historians of Britain, the British Empire, and colonialism published an open letter calling for the review of the history cha ...22nd July 2020
What is so special about being a British citizen, legally?
You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us how great it is to be British and how it is a privilege not a right. Our government charges foreign ...27th December 2019
British by descent: when the child of a British citizen is not themselves British
A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that she must leave the UK. It is always difficult to comment on news stories without knowing the full facts but it is certai ...15th October 2019
How easy is it to buy British citizenship?
To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports. The phenomenon of citizenship by investment has emerged over the last few decades and de ...31st October 2018
Deprivation of citizenship justified by treasonous conduct finds Court of Appeal
A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the Home Department  EWCA Civ 2064. The case is interesting, thought-provoking ...27th September 2018
How is the government using its increased powers to strip British people of their citizenship?
Yesterday’s judgment in Aziz & Ors v Secretary of State for the Home Department  EWCA Civ 1884 saw the Court of Appeal uphold the Home Secretary’s decision to use her power to strip members of a notorious Rochdale grooming gang ...9th August 2018
Briefing: What are the barriers to British citizenship for EU nationals?
The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and h ...14th June 2018
Returning from outside the UK to challenge deprivation of citizenship
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicia ...22nd January 2018
Supreme Court boost for people stripped of their British citizenship
A Supreme Court decision handed down today is good news for people who have had their British citizenship taken away because it was obtained under false pretences. The Home Office has accepted that in most cases, deprivation rather than nullity is the ...21st December 2017
The rise of modern banishment: deprivation and nullification of British citizenship
To deprive a person of their citizenship on the grounds of their behaviour or opinion is to cast them out of society. It is a power of exile or banishment. In Roman law, the punishment of “proscription” was civic and literal death, unless the pers ...24th November 2017
New ebook now available: Naturalising as a British citizen
Our new ebook guide Naturalising as a British citizen is now available for purchase for £9.99 (free for Free Movement members). For most people, an application for naturalisation is something they can complete on their own. This ebook helps individua ...19th October 2017
Citizenship for sale – at a cost stateless people can ill afford
Stateless people in the UK face enormous hurdles in the road to becoming British citizens. One of those barriers is the extraordinarily high cost of acquiring British citizenship, writes Asylum Aid’s Cynthia Orchard. The UK government has taken ...5th October 2017
Can a child stateless by “choice” be registered as a British citizen?
Under the British Nationality Act 1981, a child who is born in the UK and is (and always has been) stateless is entitled to register as a British citizen. See Schedule 2, Paragraph 3: 3 (1) A person born in the United Kingdom or a British overseas ter ...6th July 2017
Good character citizenship criteria quietly tightened up
The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I thought it useful to flag up – and many thanks to Alex Moran for point it out. A number of undesirab ...8th January 2015
Dual citizenship and Scottish independence
Coming back from my break and looking through various updates, I was struck by a series of articles on citizenship and nationality laws in the event of Scottish independence following the vote this Thursday. Some of these seem to me fundamentally to ...15th September 2014