Reclassification of United Kingdom and Colonies citizenship The Act reclassified
Citizenship of the United Kingdom and Colonies (CUKC) into three categories: •
British citizenship •
British Dependent Territories citizenship (BDTC); and •
British Overseas citizenship. In 1968, with the passage of the
Commonwealth Immigrants Act 1968 to modify the wording of the
Commonwealth Immigrants Act 1962, some CUKCs were stripped of the
Right of Abode in the United Kingdom. The Act sought to restore once again the link between citizenship and right of abode by providing that British citizenship—held by those with a close connection with either the United Kingdom or with the
Crown Dependencies (that is to say, the
Isle of Man and the
Channel Islands), or both—would
automatically carry a right of abode in the UK. The other categories of British nationality would not hold such status based on nationality, although in some cases would do so under the immigration laws. Whilst in opposition in 1977, the
Conservative Party asked
Edward Gardner to chair a study group to provide advice on changes to the nationality laws. The resultant
Green paper, "Who Do We Think We Are?", was published in 1980 and its threefold definition of nationality formed the basis for the Government's legislation. Originally the paper proposed just two categories of British nationality, British citizenship and British Overseas citizenship. However, the British Dependent Territory governments successfully lobbied for an additional category of nationality, which would cater for those with close connections to any of the British territories.
Modification of jus soli The Act also modified the application of
jus soli (“right of soil”, that is, place of birth) as defining British nationality. Prior to the Act coming into force, any person born in the United Kingdom or a colony (with limited exceptions such as children of
diplomats and enemy aliens) was entitled to CUKC status. After the Act came into force, it was necessary for at least one parent of a United Kingdom-born child to be a British citizen, a British Dependent Territories citizen
or "settled" in the United Kingdom or a colony (a
permanent resident). Even following the coming into force of the Act, the vast majority of children born in the United Kingdom or colonies still acquire British nationality at birth. Special provisions are made for non-British UK-born children to acquire British citizenship in certain circumstances.
Relation to Immigration Act 1971 Under section 11(1) of the Act, a CUKC must have had the right of abode under the Immigration Act 1971, as it existed on 31 December 1982, to automatically become a British citizen on 1 January 1983 under the standard CUKC transition at commencement route of the Act. Section 39 of the Act then went on to modify the right of abode section of the 1971 measure, eliminating confusing wording as to whether right of abode could be obtained through a grandparent who was a CUKC from outside the UK. • The term
Commonwealth citizen was used to replace
British subject. Under the Act, the term
British subject was restricted to certain persons holding British nationality through connections with
British India or the
Republic of Ireland before 1949. •
Right of Abode could no longer be acquired by non-British citizens. A limited number of Commonwealth citizens holding Right of Abode were allowed to retain it (for example, those born before 1983 to a British parent in a Commonwealth country which had
not left, or had membership suspended since then). • The rights of Commonwealth and Irish citizens to become British citizens by
registration were removed and instead they were to be expected to apply for
naturalisation if they wanted to acquire British citizenship. Irish citizens, however, who were, or claim British subject nationality retain their right to acquire British citizenship nationality through registration. • Special provision was made for persons from
Gibraltar to acquire British citizenship.
Since 2002, this mainly relates to EU nationals who have acquired
Overseas Territory Citizen status to live in Gibraltar. • Foreign spouses were treated equally under the law. Wives of British men could no longer acquire British nationality purely by marriage and husbands of British women were afforded the right to acquire British nationality on equal terms. • British Crown Colonies were renamed
British Dependent Territories (subsequently amended to
British Overseas Territories) • The
Channel Islands and the
Isle of Man, references to which had been construed as references to colonies under the
British Nationality Act 1948, were now to be construed as being part of the United Kingdom for nationality purposes. In some cases, transitional arrangements were made that preserved certain aspects of the old legislation. Most of these expired on 31 December 1987, five years after the Act came into force. ==After the Act==