British citizenship Flashcards
(10 cards)
Who was a British citizen at birth before 1983?
Anyone born in the UK
or
Anyone born outside the UK to a British father who was married to their mother
Note those born to British mothers could register by discretion
Now there is a statutory right to register if you’re born to a British mother or your parents were unmarried; but if you’ve already had children they won’t be helped
How were the children of unmarried parents affected by British nationality law from 1983 - 2006?
The word ‘father’ only included a man married to the child’s mother
This meant those born abroad to British fathers were not British citizens, if their father was not married to their mother (although people born 1983-2006 now have a right to register)
If a British citizen by descent has a child outside the UK, in what two situations can that child register as British?
(a) If the parent lived in the UK for three years at some point in their life before the child’s birth (s3(3))
(b) If the child + mother + father live in the UK for three years while the child is a minor (s3(5))
And the child registers while a minor
s3(1) BNA 1981 says…
… SSHD can register any minor as a British citizen if he sees fit.
When can children born in the UK after 1982, who are not British citizens by birth, register as British?
s1(3): If one parent becomes British or settled before they reach 18.
s1(4): If they spend the first 10 years of their life in the UK, (subject to absence limits).
When could Article 8 be engaged in a deprivation of citizenship decision?
Only if the decision is arbitrary
(Arbitrariness is a higher standard than proportionality)
K2 v UK (admissibility) (2017)
How can a person have a right of abode in the UK, other than through being a British citizen?
Through being a Commonwealth citizen on 31 Dec 1982 and continuously since, and having either:
- A parental link
- A marital link
What was the effect of the Immigration Act 1971 on Commonwealth citizens living in the UK?
They were granted ILR
How can a person have a right of abode through a parental link?
They must have a parent who was a British citizen born in the UK;
If the parent was their father, he must have been married to their mother;
They must have been a Commonwealth citizen on 31st Dec 1982 and continuously since.
How can a person have a right of abode through a marital link?
She must be a woman;
She must have been a Commonwealth citizen on 31st Dec 1982 and continuously since;
She must have been married to a British citizen by 31st Dec 1982 (or to a Commonwealth citizen with the right of abode).
