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114-410: The Highly Skilled Migrant Programme was introduced on 28 January 2002. The scheme was significantly changed in two ways. First, with effect from 3 April 2006 (Immigration rule change - HC 1016) HSMP visa holders who were previously guaranteed settlement after four years now had to wait five years before applying for ILR . Secondly, on 7 November 2006 (with changes taking effect from 8 November 2006), with

228-509: A BOTC on the effective day of adoption if either parent is a BOTC or has belonger status. In all cases that an individual is a British Overseas Territories citizen at birth or adoption within the territories, that person is a BOTC otherwise than by descent. Individuals born outside of the territories are BOTCs by descent if either parent is a BOTC otherwise than by descent. Unmarried fathers cannot automatically pass on BOTC status, and it would be necessary for them to register children as BOTCs. If

342-621: A British citizen under s1(3) of the British Nationality Act 1981 provided application is made before the age of 18. Alternatively, if the child lives in the UK until age 10, they will have a lifetime entitlement to registration as a British citizen under s1(4) of the Act. Children born in the United Kingdom before 1983 are British citizens regardless of the immigration status of their parents (unless

456-479: A British territory became British Overseas citizens . The definition of "British subject" became limited to include only the category of people previously called British subjects without citizenship who held that status through a connection with former British India or Ireland before 1949. In 1973, the United Kingdom joined the European Communities (EC), a set of organisations that later developed into

570-403: A French citizen who arrived to work in the UK on 1 July 1986 would have been treated as a permanent resident between that date and 1 October 2000. From 2 October 2000, the status would revert to that of a temporary resident if an application for ILR was not made. On 30 April 2006, with five years' residence exercising Treaty rights accrued, that person regained permanent resident status. In 2018,

684-454: A child of non-British citizen parents is born in the UK, as unless at least one parent has settled status the child will not automatically be a British citizen. A person who is resident in the UK under the Work or Family route will be able to apply for Indefinite Leave to Remain after completing qualifying period of legal stay in the UK. Indefinite leave can lapse where the holder has stayed outside

798-458: A child. Where a child would be a British citizen but for the fact that the parents are not married, the Home Office will usually register the child as a British citizen under section 3(1) of the British Nationality Act provided that the child is still under 18. If ILR is acquired after the child's birth, the child will not automatically be a British citizen. However the child can be registered as

912-431: A citizen of an EEA state or Switzerland could be granted permanent residence on an application after four years' residence in the United Kingdom exercising Treaty rights (five years from 3 April 2006). Prior to 2 October 2000, citizens of EEA states were deemed to be permanent residents immediately upon taking up residence in the UK to exercise Treaty rights. The change in the law in 2000 was retroactive. Hence, for example,

1026-565: A colony were still entitled to imperial protection. Certain territories that came under British jurisdiction were not formally incorporated as Crown territory proper. These included protectorates, protected states, mandated territories, and Indian princely states. Because domestic law treated these areas as foreign territory, birth in one of these areas did not automatically confer British subject status. Instead, most people associated with these territories were designated as British protected persons. British protected persons were treated as aliens in

1140-589: A declaration to the Home Secretary , provided that the declarant possesses or intends to acquire another nationality. Former British citizens or BOTCs may subsequently apply for nationality restoration. Applicants who had originally renounced their British nationality in order to retain or acquire another nationality are entitled to register as British citizens or BOTCs once. Any subsequent renunciation and application for restoration, or someone applying for restoration who originally renounced their British nationality for

1254-528: A lawyer-run website, in 2022, found at least 464 people's citizenships were revoked in the last 15 years. After the Nationality, Immigration and Asylum Act 2002 came into force British nationals could be deprived of their citizenship if and only if the Secretary of State was satisfied they were responsible for acts seriously prejudicial to the vital interests of the United Kingdom or an Overseas Territory. This

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1368-407: A legitimate child (born to parents who are married to each other) could automatically derive British citizenship from the father, if the father was a British citizen or "settled" in the United Kingdom. However, if the parents are not married when the child is born in the United Kingdom, but then get married, and the marriage legitimates the child, then if the father was a British citizen or "settled" in

1482-542: A limited pilot of the scheme for certain persons working in higher education, health care or social care sectors and having access to an Android device. Under Appendix EU to the Immigration Rules , this new immigration status was confirmed as 'Indefinite Leave to Remain (ILR) in the United Kingdom' although citizens with the status would receive no physical documentation confirming this status. British citizenship The primary law governing nationality in

1596-468: A material fact, if they are satisfied that the order would make a person stateless. This provision was again modified by the Immigration Act 2014 so as not to require that a third country would actually grant nationality to a person; British nationality can be revoked if "the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside

1710-485: A minimum of 75 points to qualify. From 8 November 2006 until closure points were awarded for educational qualifications (maximum of 50 points), past earnings based on a country banding system (45), age (20) and UK experience (5). Applicants also had to demonstrate English language ability and that they had sufficient funds to maintain themselves in the UK. Indefinite Leave to Remain Indefinite leave to remain ( ILR )

1824-471: A national nor a citizen, but a British subject . British citizenship was not created until passage of the British Nationality Act 1981 . This Act defined six types of nationality with varying degrees of civil and political rights, dependent on a person's connections with the United Kingdom, overseas territories, or former colonies. British citizens hold their status because of a close connection with

1938-502: A parent holding one of these statuses would otherwise be stateless. British Overseas citizens retain their status by association with most former British colonies, British subjects are connected specifically with Ireland or British India before 1949, and British protected persons are associated with territories that were under British control but not formally incorporated as part of the British Empire. British National (Overseas) status

2052-458: A parent is a BOTC by descent, additional requirements apply to register children as BOTCs. Parents in Crown service who have children abroad are exempted from these circumstances, and their children would be BOTCs otherwise than by descent, as if they had been born on their home territory. Foreigners and non-BOTC British nationals may naturalise as British Overseas Territories citizens after residing in

2166-461: A period before the birth. Adopted children are treated as if they were naturally born to the adopting parents at the time of adoption. Children born abroad to members of the British Armed Forces or British citizens on Crown service are treated as if they were born in the UK. Children born in the UK to a resident Irish citizen at any time are always British citizens at birth. Since 1983,

2280-520: A person living in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person who either arrives in the UK or applies for permission to stay in the UK on or after 9 July 2012 must live in the UK for 5 years (and not 2 years) to obtain ILR (see below). A person who has lived in the UK for 5 years with a visa issued in one of the following categories can apply for ILR using Form SET(O) : A person who has lived in

2394-431: A person who has lived in the UK for less than 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment), but faces very significant obstacles to integrating into the country to which he/she would have to go if required to leave the UK, can apply for leave to remain on the grounds of private life using Form FLR(FP) . During the period of continuous residence, the person must not have not left

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2508-454: A person's legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country, while citizenship usually means the set of rights and duties a person has in that nation. This distinction is clearly defined in many non-English speaking countries but not in the Anglosphere . Historically, an individual associated with Britain was neither

2622-428: A points-based assessment for new applicants and those wishing to extend their stay (FLR) being introduced. This prompted protests, with many HSMP visa holders fearing that the retrospective nature of the changes will force them out of the UK, and the joint House of Commons and House of Lords Human Rights Committee criticizing the retrospective nature of the changes for breaching human rights legislation and finding that

2736-572: A reason unrelated to acquiring or retaining an alternate nationality, would be subject to the discretionary approval of the Home Secretary. British subjects (other than British subjects by virtue of a connection with the Republic of Ireland) and British protected persons lose British nationality upon acquiring any other form of nationality. The British government does not publish the number of people it strips of citizenship, but independent research by

2850-560: A regional office were introduced at a cost to the applicant of £1,020. In 2010/11 the application fee was raised to £840 (£1,095 premium) including the Migrants Impact Levy. The dependents fee was also increased to £129 each. In August 2010, the new government scrapped the Migrants Impact Fund. However, the levy is still charged; the extra income "will now contribute to the cost of the visa and will mitigate increases that

2964-680: A republic and removed the British monarch's remaining official functions in the Irish state. This was recognised by Britain after passage of the Ireland Act 1949 . Although Irish citizens have no longer been defined as British subjects in British law since 1949, they continue to be treated as non-foreign in the United Kingdom and retain the same rights and privileges exercised by Commonwealth citizens; Irish citizens remain eligible to vote and stand for parliament in

3078-427: A subject by royal prerogative . By this method, a foreigner became a denizen – although they were no longer considered an alien, they could not pass subject status to their children by descent and were barred from Crown service and public office. This mechanism was no longer used after 1873. Until the mid-19th century, it was unclear whether nationality regulations in the United Kingdom were applicable elsewhere in

3192-495: A territory for more than five years and possessing belonger status or permanent residency for more than one year. The residency requirement is reduced to three years if an applicant is married to a BOTC. All applicants for naturalisation and registration are normally considered by the governor of the relevant territory , but the Home Secretary retains discretionary authority to grant BOTC status. Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to

3306-423: A view to settlement with a parent, parents or a relative who is a settled person and resident in the UK can apply for ILR using Form SET(F) . A parent, grandparent or other dependant relative aged 18 or over of a person who is a settled person and resident in the UK can apply for ILR using Form SET(F) . People satisfying all of the below criteria can apply for ILR using Form SET(DV) : A person who has lived in

3420-489: A woman's consent to marry a foreigner was also assumed to be intent to denaturalise ; British women who married foreign men automatically lost their British nationality. There were two exceptions to this: a wife married to a husband who lost his British subject status was able to retain British nationality by declaration, and a British-born widow or divorcée who had lost her British nationality through marriage could reacquire that status without meeting residence requirements after

3534-626: A woman's nationality after her marriage. Irish resistance to the Union and desire for local self-governance led to the Irish War of Independence . During the war, the island of Ireland was partitioned into two parts . Arising from the Anglo-Irish Treaty that ended the war, Southern Ireland became the Irish Free State in 1922, while Northern Ireland remains part of the United Kingdom. Under

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3648-400: Is a British citizen or considered to have settled status in the UK. Section 2 of the Act establishes that adults born overseas are British citizens by descent if either parent is a citizen otherwise than by descent, subject to regulations. Section 3 of the Act establishes also that minors may be entitled to be citizens by registration if a parent is a citizen by descent who lived in the UK for

3762-552: Is a British citizen or holds settled status . Foreign nationals may naturalise as British citizens after meeting a minimum residence requirement (usually five years) and acquiring settled status. The United Kingdom was previously a member state of the European Union (EU) and British citizens held full EU citizenship . They had held automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and were able to vote in elections to

3876-587: Is a British national. Of these statuses, only British citizenship grants automatic right of abode in the United Kingdom . British Overseas Territories are areas outside of the British Islands where the UK holds sovereignty. Since 2002, nearly all BOTCs also hold British citizenship, except for those associated with Akrotiri and Dhekelia . The other four categories are residual nationality classes that generally cannot be acquired. BOCs are people connected with former British colonies who have no close ties to

3990-475: Is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment , engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter ( ILE ). It approximates to

4104-494: Is resistant to answering questions, for example under the Freedom of Information Act 2000 . It appears that the government usually waits until the person has left Britain, then sends a warning notice to their British home and signs a deprivation order a day or two later. Appeals are heard at the highly secretive Special Immigration Appeals Commission (SIAC), where the government can submit evidence that cannot be seen or challenged by

4218-713: The Acts of Union 1707 , English and Scottish subjects became British subjects. Similarly, the Kingdom of Ireland was merged with the Kingdom of Great Britain to form the United Kingdom of Great Britain and Ireland in 1801. Natural-born subjects were considered to owe perpetual allegiance to the Crown and could not voluntarily renounce British subject status until this was first permitted in 1870. Prior to 1708, foreigners could only be naturalised through Acts of Parliament . Protestants fleeing religious persecution in mainland Europe were allowed to naturalise as subjects in 1708, but this

4332-471: The British Empire . Individual colonies had each developed their own procedures and requirements for naturalisation, granting subject status at the discretion of the local governments. In 1847, Parliament formalised a clear distinction between subjects who were naturalised in the UK and those who became British subjects in other territories. Individuals who naturalised in the UK were deemed to have received

4446-528: The British Nationality and Status of Aliens Act 1914 ( 4 & 5 Geo. 5 . c. 17). British subject status was standardised as a common nationality across the Empire. Dominions that adopted Part II of this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalisation. The 1914 regulations codified the doctrine of coverture into imperial nationality law, where

4560-525: The English , Welsh , or Scottish Gaelic languages and pass the Life in the United Kingdom test . Individuals born in a territory automatically receive BOTC status if at least one parent is a BOTC or has belonger status . Children born in an overseas territory to British citizen parents who are not settled in a territory are British citizens at birth, but not BOTCs. Parents do not necessarily need to be connected with

4674-526: The European Union (EU). British citizens were able to work in other EC/EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome and participated in their first European Parliament elections in 1979 . With the creation of European Union citizenship by the 1992 Maastricht Treaty , free movement rights were extended to all nationals of EU member states regardless of their employment status. The scope of these rights

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4788-541: The European Union Settlement Scheme or another path. Foreign nationals may naturalise as British citizens after residing in the UK for more than five years and possessing indefinite leave to remain (ILR) for at least one year. The residency requirement is reduced to three years if an applicant is married to a British citizen and they immediately become eligible for naturalisation after receiving ILR or equivalent. Applicants must demonstrate proficiency in

4902-439: The Home Secretary to remain British subjects under this definition. Additionally, those who did not qualify for CUKC status or citizenship in other Commonwealth countries, or were connected with a country that had not yet defined citizenship laws, would transitionally remain British subjects in this group. Despite the accommodations for republics, Ireland ended its Commonwealth membership in 1948 when it formally declared itself

5016-537: The United Kingdom is the British Nationality Act 1981 , which came into force on 1 January 1983. Regulations apply to the British Islands , which include the UK itself (England, Wales, Scotland, and Northern Ireland) and the Crown dependencies (Jersey, Guernsey, and the Isle of Man); and the 14 British Overseas Territories . The six classes of British nationality each have varying degrees of civil and political rights , due to

5130-612: The 1981 Act who held UK right of abode were defined as UK nationals for the purposes of EU law. Although the Crown dependencies were part of the European Union Customs Union , free movement of persons was never implemented in those territories. Following the UK's withdrawal from the EU on 31 January 2020, British nationals have no longer been EU citizens. Despite this, British citizens continue to have free movement in Ireland as part of

5244-459: The British Islands, usually through their own (or parents' or grandparents') birth, adoption, naturalisation, or registration as citizens of the UK. There are six types of British nationality: any person who is a British citizen, British Overseas Territories citizen (BOTC), British Overseas citizen (BOC), British National (Overseas) (BN(O)), British subject , or British protected person

5358-407: The British government insisted on the inclusion of some type of wording that described the holders of these passports as "British subjects". The two sides could not reach agreement on this issue and when the Irish government began issuing passports in 1924, British authorities refused to accept these documents. British consular staff were instructed to confiscate any Irish passports that did not include

5472-616: The Commonwealth. In response, Parliament imposed immigration controls on any subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962 . This restriction was somewhat relaxed by the Immigration Act 1971 for patrials, subjects whose parents or grandparents were born in the United Kingdom, which gave effective preferential treatment to white Commonwealth citizens. Ireland mirrored this restriction and limited free movement only to people born on

5586-455: The Crown was no longer a requirement to possess British subject status and the common status would be maintained by voluntary agreement among the various members of the Commonwealth. British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country. A person born in Australia would be both an Australian citizen and a British subject. British subjects under

5700-437: The Empire, culminated with the creation of a substantive Canadian citizenship in 1946 , breaking the system of a common imperial nationality. Combined with the approaching independence of India and Pakistan in 1947, comprehensive reform to nationality law was necessary at this point to address ideas that were incompatible with the previous system. The British Nationality Act 1948 redefined British subject as any citizen of

5814-669: The European Parliament . Despite the UK's withdrawal from the union in 2020 , British citizens continue to hold permanent permission to work and reside in the Republic of Ireland as part of the Common Travel Area . The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers to

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5928-584: The Falkland Islands were given unrestricted access to citizenship. BOTCs naturalised after that date may also become British citizens by registration at the discretion of the Home Secretary . Becoming a British citizen has no effect on BOTC status; BOTCs may also simultaneously be British citizens. It is generally not possible to acquire other forms of British nationality. British Overseas citizenship, British subjecthood, and British protected person status are only transferred by descent if an individual born to

6042-484: The Government would otherwise have had to make." On 6 April 2011, the application fee was raised to £972 (£1,350 premium) including the Migrants Impact Levy. The dependents fee was also increased to £486 (£675 premium) each. From 6 April 2012, the application fee was raised to £991 (£1,377 premium) including the Migrants Impact Levy. The dependents fee was also increased to £496 (£689 premium) each. From 6 April 2015,

6156-630: The High Court Decision, the HSMP visa holders who were admitted under the HSMP scheme before the April 2006 changes will now get the Indefinite leave to remain after 4 years as originally promised to them as per the terms valid at that time, but the HSMP visa holders who admitted after April 2006 changes will get it after 5 years as per new terms. The HSMP system was a points-based immigration scheme, requiring

6270-458: The Republic between 10 April 1935 and 1 January 1949 as a CUKC and having never ceased to be a British subject. The British Nationality (Irish Citizens) Act 2024 (c. 19) would allow Irish citizens to no longer have to demonstrate their knowledge of English and be exempted from taking the Life in the UK test. As of October 2024 the act had not been brought into force. All British subjects under

6384-501: The Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies. All British Overseas Territories citizens other than those solely connected with Akrotiri and Dhekelia became British citizens on 21 May 2002, and children born on qualified overseas territories to dual BOTC-British citizens since that date are both BOTCs and British citizens otherwise than by descent. Prior to 2002, only BOTCs from Gibraltar and

6498-424: The UK for 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR. A person aged between 18 and 25 who has lived in the UK for at least half of his/her life (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP) . During the period of continuous residence,

6612-437: The UK for 2 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR using Form SET(M) , as long as he/she arrived in the UK or applied for permission to stay in the UK on or before 8 July 2012. Note that

6726-528: The UK for 5 years with a visa issued in one of the following categories can apply for ILR using Form SET(BUS) : A person who has been granted humanitarian protection since 30 August 2005 and whose current 5-year permission to stay is due to expire can apply for ILR using Form SET (Protection Route) . A person who has lived in the UK for 5 years under the Gateway Protection Programme can apply for ILR using Form HPDL . A person who has lived in

6840-429: The UK for 5 years with temporary permission to remain in the UK as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or a settled person and who intends to continue living together (and are still married or in a civil partnership, if applicable) can apply for ILR, as long as he/she arrived in the UK or applied for permission to stay in the UK on or after 9 July 2012. For those who arrived in

6954-466: The UK for 7 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on the grounds of private life using Form FLR(FP) if it would not be reasonable to expect the applicant to leave the UK. During the 7-year period of continuous residence, the person must not have left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. After living in

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7068-507: The UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR. UK Visas and Immigration has discretion to grant ILRs outside the Immigration Rules ( leaves outside the rules ; LOTR) either where someone qualifies under one of

7182-460: The UK government has indicated that a new immigration status would be created for EU, EEA and Swiss citizens with settled status due to the fact that their permanent residence status would lapse following Brexit . The first version of the new scheme was unveiled in October 2018 while the full operation of the scheme would only start when the UK leaves the EU. On 1 November 2018, the Home Office launched

7296-434: The UK or applied for permission to stay in the UK on or before 8 July 2012, a 2-year period of residence (instead of 5 years) applies (see above). A person who has lived in the UK for 6 years with Discretionary Leave can apply for ILR using SET(O) . Form HPDL was used as an alternative depending on circumstance but this practice has now ceased. A person who has lived in the UK for 10 years continuously can apply for ILR on

7410-572: The UK or overseas territories. BN(O)s are Hong Kong residents who voluntarily registered for this status before the territory's transfer to China in 1997 . British subjects hold their status through a connection either to former British India or to what became the Republic of Ireland , as they existed before 1949. British protected persons come from areas controlled by the British Empire that were never formally incorporated as Crown territory; this includes protectorates , protected states, mandated territories , and Indian princely states . Before

7524-428: The UK were able to vote in the 2016 United Kingdom European Union membership referendum while all other non-British EU citizens could not. Prior to 1983, all Individuals born within the British Islands (the United Kingdom and Crown Dependencies ) received British citizenship at birth regardless of the nationalities of their parents. Individuals born afterwards only receive citizenship at birth if at least one parent

7638-401: The UK when the child was born, the child would become a British citizen and would be regarded as having been one from the date of marriage. This affects only children where the mother is neither a British citizen nor "settled" in the UK. For children born on or after 1 July 2006, an unmarried father has broadly equivalent rights (compared with a married father) to pass on British citizenship to

7752-534: The UK's historical status as a colonial empire . The principal class of British nationality is British citizenship, which is associated with the British Islands. British nationals associated with an overseas territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia ) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic right of abode in

7866-810: The UK. The British Nationality Act 1948 unintentionally excluded certain British subjects associated with Ireland from acquiring CUKC status. The wording of that law did not take into account the 24-hour period during which Northern Ireland was part of the Irish Free State in 1922. Individuals born before 1922 in the area that became the Republic of Ireland to fathers also born in that area but were domiciled in Northern Ireland on Irish independence had nevertheless automatically acquired Irish citizenship. The Ireland Act 1949 specifically addresses this by deeming any person in such circumstances who had never registered for Irish citizenship and had not permanently resided in

7980-502: The United Kingdom and generally may no longer be acquired. These residual nationalities are the statuses of British Overseas citizen , British subject , British National (Overseas) , and British protected person . All persons born in the British Islands before 1 January 1983 were automatically granted citizenship by birth regardless of the nationalities of their parents. Individuals born in those territories since that date only receive citizenship at birth if at least one of their parents

8094-404: The United Kingdom (all full British citizens have the right of abode). A person with indefinite leave to remain is eligible for access to public funds and welfare in the UK. Settled status is central to British nationality law , as the most usual route to naturalisation or registration as a British citizen requires that the applicant be settled in the UK. Settled status is also important where

8208-590: The United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations . Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931 . Women's rights groups throughout the Empire pressured the imperial government during this time to amend nationality regulations that tied a married woman's status to that of her husband. Because

8322-418: The United Kingdom for a continuous period of more than two years. It is retained indefinitely if the holder remains resident in the UK with limited absences. Holders of ILR may apply for British citizenship if they have held ILR for twelve months or longer, are over 18 and have been ordinarily resident in the United Kingdom for the last five years. Certain ILR holders may apply for British citizenship under

8436-414: The United Kingdom, but both British subjects and protected persons could be issued British passports . Protected persons could not travel to the UK without first requesting permission, but were afforded the same consular protection as British subjects when travelling outside of the Empire. Parliament brought regulations for British subject status into codified statute law for the first time with passage of

8550-452: The United Kingdom, its colonies, or other Commonwealth countries. Commonwealth citizen was first defined in this Act to have the same meaning. This alternative term was necessary to retain a number of newly independent countries in the Commonwealth that wished to become republics rather than preserve the monarch as head of state. The change in naming also indicated a shift in the base theory to this aspect of British nationality; allegiance to

8664-590: The United Kingdom, to become a national of such a country or territory." The powers to strip citizenship were initially very rarely used. Between 2010 and 2015, 33 dual nationals had been deprived of their British citizenship. In the two years to 2013 six people were deprived of citizenship; then in 2013, 18 people were deprived, increasing to 23 in 2014. In 2017, over 40 people had been deprived as of July (at this time increased numbers of British citizens went to join " Islamic State " and then tried to return). The Home Office does not issue information on these cases and

8778-722: The ability to move freely within the Common Travel Area . Although Irish citizens have not been considered British subjects under Irish law since 1935, the British government continued to treat virtually all Irish citizens as British subjects, except for those who had acquired Irish citizenship by naturalisation since the Free State had not incorporated part II of the British Nationality and Status of Aliens Act 1914 ( 4 & 5 Geo. 5 . c. 17) into its legislation. Diverging developments in Dominion legislation, as well as growing assertions of local national identity separate from that of Britain and

8892-434: The application fee was raised to £1,500 (£1,900 premium). From 6 April 2016, the application fee was raised to £1,875 (£2,375 premium) per person (dependants also pay the same fees). From 6 April 2017, the application fee was raised to £2,297 (£2,848 premium) per person (dependants also pay the same fees). From 6 April 2018, the application fee was raised slightly to £2,389 (£2,999 premium) per person (dependants also pay

9006-542: The case to revisit the retrospective nature of the changes was "overwhelming". The application of these HSMP changes to those already in the UK as HSMP holders as at 7 November 2006 was ruled as unlawful in a judicial review and the UK Border Agency subsequently honoured the FLR outcome of the judicial review, implementing a remedy which allowed impacted migrants, including those who left the country, to apply to have leave under

9120-462: The citizenship provisions in the Constitution of the Irish Free State had automatically become an Irish citizen on that date. At its inception, the Irish Free State gained independence as a Dominion within the British Empire. Imperial legislation at the time dictated that although individual Dominions could define a citizenship for their own citizens, that citizenship would only be effective within

9234-448: The concept of permanent residency ( PR ) in other countries, but that term had a different and specific meaning under the EU law on freedom of movement while the UK was in the EU. ILR is granted under UK domestic legislation, PR was (before Brexit) acquired automatically, if certain conditions were met, under EU law. A person who has indefinite leave to remain, the right of abode or Irish citizenship has settled status if resident in

9348-486: The concept of nationality was codified in legislation, inhabitants of English communities owed allegiance to their feudal lords , who were themselves vassals of the monarch . This system of loyalty, indirectly owed to the monarch personally, developed into a general establishment of subjecthood to the Crown . Calvin's Case in 1608 established the principle of jus soli , that all those who were born within Crown dominions were natural-born subjects. After passage of

9462-600: The different regulatory periods. EU/EEA citizens living in the UK before 2 October 2000 were automatically considered to be settled. Between that date and 29 April 2006, EU/EEA citizens were required to apply for permanent residency. Swiss citizens became subject to the same regulations on 1 June 2002. From 30 April 2006 until 30 June 2021, EU/EEA and Swiss citizens living in the UK for at least five years automatically received permanent resident status. Permanent resident status for these citizens expired on 1 July 2021, after which they have been required to hold settled status through

9576-525: The dissolution or termination of her marriage. By the end of the First World War , the Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity. Britain formally recognised this at the 1926 Imperial Conference , jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that

9690-471: The electoral roll in that year are still eligible). In Canada, voting eligibility was revoked at the federal level in 1975, but not fully phased out in provinces until 2006. All Commonwealth citizens remain eligible to vote and stand for public office in the UK. By the 1970s and 1980s, most colonies of the British Empire had become independent and remaining ties to the United Kingdom had been significantly weakened. The UK updated its nationality law to reflect

9804-542: The father was at the time of the child's birth a diplomat accredited to the United Kingdom). Unlike people with Limited Leave to Remain (LTR) in the UK, ILR holders have access to public funds. "No recourse to public funds" is not written in ILR holders' visas. As a result, they are able to claim job seekers' allowances and other benefits that are usually available only to British and Irish citizens (and those with “settled” status). ILR holders pay home student rates (i.e.

9918-594: The government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code, it was unwilling to make major changes without unanimous agreement among the Dominions on this issue, which it did not have. Imperial legal uniformity was nevertheless eroded during the 1930s; New Zealand and Australia amended their laws in 1935 and 1936 to allow women denaturalised by marriage to retain their rights as British subjects, and Ireland changed its regulations in 1935 to cause no change to

10032-534: The government since the law was introduced. There is a right of appeal. This provision has been in force since 16 June 2006 when the Immigration, Nationality and Asylum Act 2006 (Commencement No. 1) Order 2006 brought it into force. Loss of British nationality in this way applies also to dual nationals who are British by birth. The Secretary of State may not deprive a person of British nationality, unless obtained by means of fraud, false representation or concealment of

10146-403: The ground of 'long residence' using Form SET(LR) as long as all time spent in the UK during the 10 years has been lawful, and he/she has not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. In 'compelling or compassionate circumstances', the Home Office can exercise discretion over any excess absences over the threshold. If

10260-432: The grounds of private life using Form FLR(FP) . During the 20-year period of continuous residence, the person must not have not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. After living in the UK for a further 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR. Alternatively,

10374-452: The immigration policy concessions or for reasons that are particularly compelling in circumstance and it is almost certain that there will be no change in circumstances within five years. Prior to 2003, Indefinite Leave to Remain in the UK was free. However, since 2003, fees have been introduced and have risen each year in April. ILR Fees were introduced at £155 in 2003. Following record immigration in 2004–05, mainly from Eastern Europe, for

10488-706: The islands of Great Britain or Ireland. However, individuals born in the UK since 1983 are only British citizens if at least one parent is already a British citizen. The Irish regulation created a legal anomaly where persons born in Britain without British citizenship nevertheless held an unrestricted right to settle in Ireland; this inconsistency was removed in 1999. In other parts of the Commonwealth, British subjects already did not have an automatic right to settle. Australia, Canada, New Zealand, and South Africa had immigration restrictions in place for British subjects from outside their jurisdictions targeted at non-white migrants since

10602-464: The late 19th century. After 1949, non-local British subjects under the new definition who were resident in these independent Commonwealth countries continued to retain certain privileges. This included eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. British subjects were eligible to vote in New Zealand until 1975 and Australia until 1984 (though subjects on

10716-439: The local Dominion's borders. A Canadian, New Zealand, or Irish citizen who travelled outside of their own country would have been regarded as a British subject. This was reinforced by Article 3 of the 1922 Free State Constitution, which stated that Irish citizenship could be exercised "within the limits of the jurisdiction of the Irish Free State". When Free State authorities were first preparing to issue Irish passports in 1923,

10830-498: The main applicant the fee was raised in 2005 to £335, in 2007 to £750, and in 2009 to £820. In 2009 the Government introduced a £70 million Migrants Impact Fund. Economic migrants and students coming to the UK from outside the EU are charged a £50 levy in addition to their normal visa application fee. The fund is used to support the communities in which they live. A fee was also introduced for dependent applicants, at £50 each. In 2009 Premium Applications with an in-person appointment at

10944-469: The more modest boundaries of its remaining territory and possessions with the British Nationality Act 1981 . CUKCs were reclassified in 1983 into different nationality groups based on their ancestry, birthplace, and immigration status: CUKCs who had right of abode in the United Kingdom became British citizens while those connected with a remaining colony became British Dependent Territories citizens (BDTCs). Remaining CUKCs who were no longer associated with

11058-483: The new points-based UK immigration system instated in place of their lost HSMP leave. In March 2008, the HSMP programme was replaced by Tier 1 (General) of the new points-based immigration system. The system remains similar to the previous HSMP system, with additional points required for Maintenance/Savings, and additional points for English language ability. HSMP Forum won the ILR Review on 6 April 2009. According to

11172-447: The person has gaps in lawful residence during the 10-year period, ILR can still be granted as long as each gap did not exceed 28 days and ended before 24 November 2016, or in 'exceptional circumstances' where the gap exceeded 28 days, or where there was a 'good reason beyond the control of the applicant or their representative' if the gap did not exceed 14 days and ended on or after 24 November 2016. A person aged under 18 who has lived in

11286-467: The person must not have not left the UK for more than 540 calendar days in total (18 months), or more than 180 calendar days (6 months) at one time. After living in the UK for 10 years continuously (holding leave to remain on the grounds of private life during this period), he/she can apply for ILR. A person who has lived in the UK for 20 years continuously (lawfully or unlawfully, but discounting any period of imprisonment) can apply for leave to remain on

11400-564: The preexisting arrangement for the Common Travel Area. While the UK was a member state of the EU, Cypriot and Maltese citizens held a particularly favoured status there. While non-EU Commonwealth citizens continued to need a residence visa to live in the UK, Cypriot and Maltese citizens were able to settle there and immediately hold full rights to political participation due to their status as both Commonwealth and EU citizens. This group of EU citizens (along with Irish citizens) domiciled in

11514-438: The previous meaning who held that status on 1 January 1949 because of a connection with the United Kingdom or a remaining colony became Citizens of the United Kingdom and Colonies (CUKC). CUKC status was the principal form of British nationality during this period of time. There was also a category of people called British subjects without citizenship. Irish citizens who fulfilled certain requirements could file formal claims with

11628-581: The reformed system initially continued to hold free movement rights in both the UK and Ireland. Non-white immigration into the UK was systemically discouraged, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration. This entitlement was part of a wider initiative to preserve close relationships with certain Dominions and colonies (Australia, Canada, New Zealand, South Africa, and Southern Rhodesia ) and to moderate nationalist attitudes within

11742-418: The registration clauses if they are qualified to do so (e.g., born in the UK or holding another form of British nationality). Registration normally costs less than naturalisation and applicants are not required to meet knowledge and language requirements. A child born in the United Kingdom after 1983 to persons who are not British citizens will not automatically be a British citizen. Prior to 1 July 2006, only

11856-556: The same fees). Before 2021, citizens of countries in the European Economic Area and Swiss citizens could obtain permanent residence status automatically after five years' residence in the United Kingdom exercising Treaty rights rather than ILR. The rights of EEA citizens are not governed by UK Immigration Regulations, but rather the EEA Regulations . Under the law as it existed between 2 October 2000 and 29 April 2006,

11970-425: The same overseas territory to pass on BOTC status. Alternatively, a child born in an overseas territory may be registered as a BOTC if either parent becomes a BOTC or settles in any overseas territory subsequent to birth. A child who lives in the same territory until age 10 and is not absent for more than 90 days in each year is also entitled to registration as a BOTC. Furthermore, an adopted child automatically become

12084-502: The same rate as British and Irish citizens) for study at higher education institutions in the UK. That is, they are not charged as international students, unlike LTR visa holders, if they want to study courses in any UK institutions. Commonwealth citizens who have ILR and are resident in the UK have the right to vote and stand as candidates in all elections. ILR can be acquired in a number of ways. A child (including an adopted child) aged under 18 who holds leave to enter or remain with

12198-531: The status by imperial naturalisation, which was valid throughout the Empire. Those naturalising in colonies were said to have gone through local naturalisation and were given subject status valid only within the relevant territory; a subject who locally naturalised in Canada was a British subject there, but not in England or New Zealand . When travelling outside of the Empire, British subjects who were locally naturalised in

12312-436: The status of a child born in the UK is dependent on whether their parents held British citizenship or settled status at the time of their birth. Irish citizens residing in the UK are deemed to hold settled status upon arrival. Regulations concerning settled status for other European Union (EU), European Economic Area (EEA) and Swiss citizens have changed greatly over time, affecting the status of their children born during

12426-402: The term "British subject" and replace them with British passports. This situation continued until 1930, when Irish passports were amended to describe its holders as "one of His Majesty's subjects of the Irish Free State". Despite these disagreements, the two governments agreed not to establish border controls between their jurisdictions and all Irish citizens and British subjects continued to have

12540-421: The terms of the Anglo-Irish Treaty , Northern Ireland was included in the Irish Free State on independence, but had the right to opt out of the new state within one month of its establishment. This option was exercised on 7 December 1922. The 24-hour period in which Northern Ireland was officially part of the Irish Free State meant that every person ordinarily resident in Northern Ireland on 6 December who fulfilled

12654-490: Was exclusively granted by voluntary registration to Hong Kong residents who had been British Dependent Territories citizens prior to the transfer of sovereignty to China in 1997 and cannot be newly acquired in any case. Noncitizen British nationals may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing ILR for more than one year. Any type of British nationality can be renounced by making

12768-513: Was extended under the Immigration, Asylum and Nationality Act 2006 : people with dual nationality who are British nationals can be deprived of their British citizenship if the Secretary of State is satisfied that "deprivation is conducive to the public good", or if nationality was obtained by means of fraud, false representation or concealment of a material fact. Between 2006 and the end of 2021 at least 464 people have had their citizenship removed by

12882-414: Was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland , which concluded a separate free movement agreement with the EU that came into force in 2002. Not all British nationals were EU citizens. Only British citizens, British Overseas Territories citizens connected with Gibraltar , and British subjects under

12996-464: Was quickly repealed in 1711 in response to the number of migrants exercising that ability. A standard administrative process was not introduced until 1844, when applicants were first able to acquire naturalisation grants from the Home Office . Despite the creation of this pathway, personalised naturalising legislation continued to be enacted until 1975. The monarch could personally make any individual

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