History of British nationality law facts for kids

The history of British nationality law is about how people became citizens of Britain and what rights they had. It explains how the rules for who is considered British have changed over hundreds of years, from the time of kings and queens to today.

Early British Nationality Rules

The first rules about who was British started in medieval England. Back then, people were either subjects of the King or Queen, or they were foreigners (called 'aliens'). The King's subjects promised loyalty to him.

If you were born in the King's lands, you were a 'natural-born subject'. This rule is called jus soli, which means "right of soil." It meant that even if your parents were visitors or foreigners, you were British if you were born in Britain. This was because people born in the King's lands were thought to owe him loyalty for protecting them.

Over time, the rules changed to include children born outside Britain if their fathers were British subjects.

In 1603, the crowns of England and Scotland were joined under James VI and I. Later, in 1707, England and Scotland officially united to form Great Britain.

As the British Empire grew, so did the King's lands. British subjects included people not just in the United Kingdom but also across the entire British Empire. This included places like Jamaica, Hong Kong, Australia, and Canada.

For a long time, there was no easy way for foreigners to become British citizens. However, two ways existed to gain some rights:

• Naturalisation: This gave people almost all the rights of a citizen, but it needed a special law passed by Parliament.
• Denization: This also gave many citizen rights, but it was granted directly by the King or Queen.

An important example of naturalisation was when Sophia of Hanover and her future family were made English citizens in 1705. This was because she was next in line to the throne.

Changes in the 1800s

Until the 1800s, denization was common. But then, new laws in 1844, 1847, and 1870 made it easier for foreigners to become naturalised British subjects through official procedures.

The Naturalization Act 1870 was a big change. For the first time, it allowed people to give up their British nationality. It also said that British women who married foreign men would lose their British nationality. This was a new idea because, before this, citizenship was usually for life.

Quick facts for kids Naturalization Act 1870
Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law relating to the legal condition of Aliens and British Subjects.
Citation	33 & 34 Vict. c. 14
Dates
Royal assent	12 May 1870
Text of statute as originally enacted

British Nationality and Status of Aliens Act 1914

British Nationality and Status of Aliens Act 1914

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to consolidate and amend the Enactments relating to British Nationality and the Status of Aliens.
Citation	4 & 5 Geo. 5. c. 17
Dates
Royal assent	7 August 1914
Commencement	1 January 1915
Text of statute as originally enacted
Text of the Status of Aliens Act 1914 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk

This law, which started in 1915, brought together all the rules about British nationality. Under this Act, you became a British subject if you were:

• Born in the King's lands.
• Naturalised in the UK or a part of the Empire that used similar rules.
• A child born outside the King's lands to a British father.
• A foreign woman who married a British man.
• A former British subject who had lost their status (for example, a woman who became a widow).

You usually lost British subject status if you:

• Became a citizen of another country.
• Were a woman who married a foreign man (even if you didn't get his nationality before 1933).
• Were a child whose father lost British subject status and you gained his new nationality.
• Gave up your British nationality.

British Nationality Act 1948

After World War II, many parts of the British Empire were becoming independent countries. In 1948, leaders of the Commonwealth countries decided to change nationality laws. Before this, almost everyone in the Commonwealth had the single status of 'British subject'.

The new plan was for the UK and each independent Commonwealth country to have their own citizenships. However, they would all keep the common status of 'British subject'.

The British Nationality Act 1948 created a new status: 'Citizen of the United Kingdom and Colonies' (CUKC). This included all British subjects who had a strong connection (like being born there) to the UK or its remaining colonies. For the first time, married British women could keep their nationality, no matter what their husband's nationality was.

The Act also said that 'British subjects' could also be called 'Commonwealth citizens'.

Some people who were British subjects never became citizens of any Commonwealth country. They were called 'British subjects without citizenship'. This happened to many people from India and Pakistan because their new countries' laws didn't cover everyone.

How to Become a Citizen of the UK and Colonies (CUKC)

Under the 1948 Act, you could become a CUKC by:

• Being born in the UK or a colony (but not if your parents were enemy aliens or diplomats). Your parents' immigration status didn't matter.
• Naturalisation or registration in the UK, a colony, or a protectorate.
• Being a child born outside the UK to a CUKC father.
• Marriage (women married to CUKCs could register as CUKCs).
• Adoption (rules for this were added soon after 1948).

Commonwealth citizens and Irish citizens could register as CUKCs after living in the UK or Colonies for one year. This was later changed to five years in 1962. Other people had to apply for naturalisation after five years.

For a long time, British nationality could usually only be passed down from the father, and parents had to be married.

Ireland Act 1949

The Ireland Act 1949 made it clear what happened to British subjects and citizens in the Republic of Ireland after it left the Commonwealth. It also explained how the 1948 British Nationality Act applied to people born there.

This Act was important for many Irish people who had moved away before 1922 and their families. Some of them could claim both Irish and British citizenship.

Independence Acts

Between 1949 and 1983, many colonies became independent. When this happened, people connected to that colony usually lost their CUKC status on the independence day if they became citizens of the new country. They would only keep CUKC if they had strong family links (like a parent or grandparent born) to the UK itself or a place that remained a colony.

This meant that some CUKCs who had moved to the UK could lose their status. They would have to naturalise or register again to get CUKC.

There were some special exceptions, for example, people from Penang and Malacca (parts of Malaysia) didn't lose their CUKC status in 1957. This is why many British Overseas citizens today are from these areas.

British Nationality Acts of 1958, 1964 and 1965

Several other British Nationality Acts were passed:

• The British Nationality Act 1958 dealt with Rhodesia and Ghana's independence.
• The British Nationality Act 1964 allowed people to get their CUKC status back if they had given it up to become a citizen of another Commonwealth country.
• The British Nationality (No 2) Act 1964 helped children born overseas to British mothers if they were stateless.
• The British Nationality Act 1965 allowed women married to 'British subjects without citizenship' to become British subjects.

Commonwealth Immigrants Acts

Before 1962, all Commonwealth citizens could enter and live in the UK without any limits.

The Commonwealth Immigrants Act 1962 changed this. It meant that CUKCs whose passports were not issued directly by the UK government (like those from colonies) now needed permission to enter the UK.

The Commonwealth Immigrants Act 1968 made an even clearer difference. It said that CUKCs who had strong ties to the UK could enter freely, but those without such ties were subject to immigration control. This meant some CUKCs, especially from newly independent East African countries, had no right to live anywhere.

Immigration Act 1971

The Immigration Act 1971 introduced the idea of 'right of abode'. This meant that CUKCs and other Commonwealth citizens could only live in the UK if they, their spouse, parents, or grandparents had a connection to the UK (England, Scotland, Wales, Northern Ireland, Channel Islands, or Isle of Man).

This law meant that the UK was in a rare situation where it could deny entry to some of its own citizens. For example, the Ugandan Indians who were expelled by Idi Amin in 1972 were CUKCs but many didn't have the right of abode in the UK.

The government knew this was a temporary solution, so they started working on a big change to the law, which led to the British Nationality Act 1981.

British Nationality Act 1981

On 1 January 1983, the British Nationality Act 1981 completely changed British nationality. It got rid of the CUKC status and created three new types of British citizenship:

• British citizenship: For former CUKCs with a close connection to the UK.
• British Dependent Territories citizenship (BDTC): For former CUKCs with a close connection to one of the remaining colonies (now called Overseas Territories). This was renamed British Overseas Territories citizenship (BOTC) in 2002.
• British Overseas citizenship (BOC): For former CUKCs who didn't qualify for British citizenship or BDTC.

If you are a British citizen or British Overseas Territories citizen 'by descent', it means you got your citizenship from your parents. You usually can't automatically pass this on to your children if they are born outside the UK or Overseas Territories.

British Overseas citizens generally cannot pass on their citizenship, except in special cases to prevent a child from being stateless.

You can hold more than one of these citizenships at the same time. For example, since 2002, most British Overseas Territories citizens also have British citizenship.

The 1981 Act also kept the categories of 'British subject' (for people from the Indian subcontinent and Ireland) and 'British protected person' (for people connected to former British protectorates). These statuses are now very limited and cannot usually be passed down to children.

British National (Overseas)

When Hong Kong was handed over to China in 1997, a new type of nationality was created: 'British National (Overseas)' or BN(O). This was for people in Hong Kong who were British Dependent Territories citizens. It allowed them to keep a connection to the UK.

British Overseas Territories Act 2002

The British Overseas Territories Act 2002 changed the name of 'British Dependent Territories' to 'British Overseas Territories'. It also changed 'British Dependent Territories Citizenship' to 'British Overseas Territories Citizenship'.

Most importantly, this Act gave all British Overseas Territories Citizens the right to register as British Citizens. This meant they gained the right to live in the UK, except for those connected only to the military bases in Cyprus.

Nationality, Immigration and Asylum Act 2002

This Act brought several important changes:

British Nationals with no other citizenship

This Act gave British Overseas Citizens, British Subjects, and British Protected Persons the right to register as British citizens if they had no other citizenship. This helped many people who were effectively stateless.

Overseas born children of British mothers

The Act also gave a right to British citizenship to people born between 1961 and 1982 whose mothers were British. Before this, it was harder for mothers to pass on citizenship.

Losing British Nationality

This Act allowed the government to take away British citizenship from dual nationals if they did things that seriously harmed the UK's interests. This couldn't happen if it made the person stateless.

Citizenship Ceremonies

Since 2004, new British citizens aged 18 or over must attend a citizenship ceremony. Here, they take an Oath of Allegiance and a Pledge to the UK. This applies to most people becoming British citizens.

English Language and Life in the UK Test

From 2004, people applying for naturalisation as British citizens had to show they could speak English (or Welsh or Scottish Gaelic).

From 2005, most applicants also had to pass the Life in the United Kingdom test. This test checks your knowledge of British history, customs, and laws.

Children of Unmarried British Fathers

Since July 2006, children can automatically get British citizenship from an unmarried British father if proof of paternity is shown. Children born before this date to unmarried British fathers can apply to register as British citizens under certain conditions.

Immigration, Asylum and Nationality Act 2006

This Act made it easier for the government to take away British nationality if it was considered "good for the public." It also introduced a 'good character' requirement for almost all ways of becoming a British citizen.

Laws concerning immigration and naturalisation

See also

• Citizen Information Project
• British nationality law and the Republic of Ireland
• British subject
• British nationality law
• Immigration to the United Kingdom
• Life in the United Kingdom test
• Multiple citizenship