Talk:British nationality law

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how to apply for british nationality[edit]


Are citizens also subjects? It's not clear from the article if a British Citizen is also a Subject. Would be good to clear up this old chestnut (long argued point). Fantastic work though, people, thanks. [mgaved 28 Oct 2004]


No.

Section 37 (4) of the British Nationality Act 1981 states that "No person shall have the status of ... a British subject otherwise than under this Act."

People can hold British subject status under the following sections of the 1981 Act:

  • s30 - former British subjects without citizeship connected with British India prior to 1949 and some women married to them
  • s31 - British subjects connected with pre-1949 Republic of Ireland
  • s32 - Minors registered as British subjects since 1983 (very uncommon)
  • s33 - Transitional entitlement to register as a British subject for a woman married to a British subject by virtue of s30 (expired on 31 December 1987)
  • s34 - provides for renunciation of British subject status
  • s35 - provides for automatic loss of British subject status should any other nationality be acquired.

From the above it's clear that:

  • the provisions for conferring British subject status do not extend to British citizens
  • any British subject who becomes a British citizen automatically loses British subject status, with the exception being a British subject from Ireland (s31) who can hold both statuses simultaneously upon naturalisation/registration as a British citizen. However, retaining British subject status is meaningless to someone who has become a British citizen. [24 June 2005] JAJ

british nationality passed from mother to children[edit]

I am a british citizen living outside the UK. I gained British nationality by descent, my mother being born in Chagos island and lived part of her life there( a British Indian Ocean Territory). I am holder holder of a british passport , mentionned" british citizen" and would like to know if I can pass on my nationality to my three children, 9 yrs, 6 yrs and 1 1/2 years old.

I thank you very much for your help.

Marie France Wang


If you are a British citizen by descent and acquired this status by virtue of section 6 of the British Overseas Territories Act then it does not automatically make your own children British citizens. http://www.opsi.gov.uk/acts/acts2002/20008--a.htm#6

There may be options available if your children are stateless (ie, have no nationality).

Otherwise, you would likely need to bring your children to the UK on settlement visas and apply for them to be registered as British citizens after taking up residence in the UK. The precise mechanics and residence period will depend on their circumstances. Visit http://www.ukvisas.gov.uk for information on entry clearance. JAJ

Soli, not solis[edit]

Please note that the correct form is soli (= of the soil) — as in lex soli or ius solinot solis (= of the sun).

British citizenship by naturalisation -- proof of knowledge of the language[edit]

A statement in this section seems to be no longer correct and needs to be reviewed.

The statement "...Those who pass the Life in the UK test are deemed to meet English language requirements" seems to be no longer correct as the Home Office appear to require both a sertificate from a successfully passed "Life in the UK" test and a certificate of a successfully passed language test equivalent to at least level "B1".

Could someone competent in the matter (paticularly one familiar with the changes made in November and December 2015) clarify this and ammend the text in order to make it a correct and true representation of the current rules?

Plamen Grozdanov (talk) 23:44, 30 December 2015 (UTC)

External links modified[edit]

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Original research[edit]

The edits by the IP address contain obvious original researches and are reverted:

  • no source listed;
  • distinguished the British citizenship acquired with connections to Crown Colonies and Gibraltar for no reason (Crown Colonies British citizens are EU citizens without the rights of free movement, but that's irreverent to British nationality laws);
  • added the possible scenario on how a person may be considered British by other countries (this is a blunt assumption on the different countries' immigration laws being the same);
  • added acquisition on those 4 inactive categories through Royal prerogative, which is no different than the previous wording (the acquisition of these nationalities are no longer backed by a special set of rules).
  • removed detailed description on the right of abode section, which is for the purpose to demonstrate de facto statelessness among British nationals. C-GAUN (talk) 20:29, 22 April 2017 (UTC)

External links modified[edit]

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