All Articles: Nationality and Borders Bill 2021

When is the Nationality and Borders Act 2022 coming into force?

The Nationality and Borders Act 2022 was signed into law on 28 April 2022. But there is a difference between a law being “on the statute books” after being passed by Parliament and it actually being “in force”. As we explain be ...

28th June 2022 By

New regs bring key bits of Borders Act into force on 28 June

Hot off the virtual presses over at legislation.gov.uk: the Nationality and Borders Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022 (SI 2022 No. 590). The instrument brings into force, on 28 June, around a third of t ...

31st May 2022 By

Is it legal to outsource the UK’s refugee responsibilities to Rwanda?

The government has announced a deal to export the UK’s responsibility to assess asylum claims and host refugees to Rwanda. Boris Johnson said in a speech that “anyone entering the UK illegally, as well as those who have arrived illegally s ...

19th April 2022 By

Imagine you are a Ukrainian refugee

Imagine you are a Ukrainian refugee. Imagine you have left your home, your job, and almost all of your possessions behind. Perhaps your husband or son or father — or perhaps all of them — have stayed behind to fight. You head for the neare ...

14th April 2022 By

How the Chagossians won the right to register as British

When the Nationality and Borders Bill returns to the House of Lords later today, it will contain a registration provision allowing direct descendants of those born on the Chagos Islands to become British nationals. The Chagossians will be entitled to ...

4th April 2022 By

Challenge to New Plan for Immigration thrown out

In R (A and Others) v Secretary of State for the Home Department [2022] EWHC 360 (Admin), Mr Justice Fordham refused permission for a judicial review challenge to the consultation on the Home Office’s New Plan for Immigration. The judgment’s l ...

23rd February 2022 By

Six especially ugly bits of the revised Borders Bill that really should be changed

The controversial Nationality and Borders Bill had its second reading in the House of Lords this week. One thing that peers on all sides of the house seemed to agree on – even if for different reasons – is that the immigration system is not workin ...

7th January 2022 By

This one simple amendment could end the CSI anomaly in British citizenship

Comprehensive Sickness Insurance (CSI) continues to be a barrier to British citizenship for EU citizens. Although EU citizens were not required to have CSI to qualify for the EU Settlement Scheme, it lingers on in the citizenship requirements for peop ...

23rd November 2021 By

Government to deprive Brits of their citizenship without telling them

The Home Secretary can take away anyone’s British citizenship when it would be “conducive to the public good” but would not make that person stateless. She can also take away naturalised citizenship if obtained by fraud, false representa ...

4th November 2021 By

Briefing: sea rescue of refugees in UK law and proposals for change

In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to rescue those in distress at sea and to set up and maintain search and rescue services. We ...

11th October 2021 By

Patel pleads for time to stop Channel crossings

About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’ ...

5th October 2021 By

Briefing: the Nationality and Borders Bill, Part 5

We round off our coverage of the Nationality and Borders Bill, the second reading of which continues today, with Part 5. This consists of eight “miscellaneous” clauses. Four of them are what the House of Commons Library describes as “placeholder ...

20th July 2021 By

Briefing: the Nationality and Borders Bill, Part 4 (modern slavery)

Part 4 of the Nationality and Borders Bill addresses modern slavery and human trafficking. The Home Office’s goals for reform in this area are, as ever, focused on criminality. The Home Secretary has promised that the Bill will “break the busi ...

19th July 2021 By

Analysis: the Borders Bill and the Refugee Convention

Under the sub-heading “Interpretation of Refugee Convention“, clauses 27-35 of the Nationality and Borders Bill 2021 seek to accomplish four main tasks: Translate some EU asylum law, currently residing in secondary legislation, into primar ...

16th July 2021 By

Briefing: the Nationality and Borders Bill, Part 2 (asylum)

MPs will give the Nationality and Borders Bill 2021 its second reading on 19 July. One of the Bill’s main objectives is to make the asylum system “fairer and more effective”. Most of the clauses supposedly directed to that purpose ar ...

16th July 2021 By

Briefing: the Nationality and Borders Bill, Part 3 (criminalising asylum seekers)

Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well as formally entering, making it almost impossible to claim asylum in the UK without first ...

14th July 2021 By

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 By

Priti Patel’s Borders Bill caters for fantasy refugees, not real ones

Imagine that you are – for the sake of argument – involved in a democracy movement in a post-Soviet dictatorship. Recently the police picked you up, beat the hell out of you and assaulted you in ways you’d rather not dwell on. Then they booted y ...

6th July 2021 By

The Nationality and Borders Bill 2021: first impressions

The much-hyped Nationality and Borders Bill is here. It mainly addresses asylum issues but there are some nationality provisions included as well, which we have already covered and will return to in another article soon. My first impressions, reading ...

6th July 2021 By

Borders Bill to make asylum seeking a crime

“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the pas ...

5th July 2021 By