the UK was British by birth.17 The BNA provides that children born in the UK acquire citizenship at birth if either parent has British citizenship, is settled in the UK, or is a member of the British Armed Forces. Sections 1(3) and 1(4) of the Act entitle children born in the UK to register as British if, during their childhood, either parent becomes a British citizen or settled; or if they reside in the UK for the first ten years of their lives.18 These provisions seek to preserve the entitlement of persons who, prior to the Act, would have been British at and by birth, through an opportunity to register where it is subsequently demonstrated that they have a sufficient connection to the UK.19 The BNA further permits children born in the UK who are stateless from birth to register as British citizens, after a minimum of 5 years’ residence in the UK and before they reach age 22.20 The BNA also contains provisions for the registration of certain groups, such as children of British overseas citizens, British overseas territories citizens, and British subjects who would otherwise be stateless at birth.21 11. Naturalisation as British citizens for adult migrants normally requires 5 years’ continuous, lawful residency in the UK and indefinite leave to remain for the 12 months preceding the date of application, as well as good character, English language proficiency, and a certificate of knowledge of life in the UK. Naturalisation is discretionary.22 12. Domestic law on immigration detention: Domestic law permits the administrative detention of persons subject to immigration control, including stateless persons, in certain deprivation of citizenship resulting in statelessness, we note that Section 40(4A) of the BNA as amended in 2014 permits the Government to deprive of citizenship a naturalised citizen who ‘has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom’ and who ‘the Secretary of State has reasonable grounds for believing … is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory’. This provision is of significant concern. Potential future access to nationality does not feature in the definition of statelessness, and there is no guarantee that once deprived British citizenship, such persons will secure another nationality. See also Immigration Act 2014, Section 66, http://www.legislation.gov.uk/ukpga/2014/22/section/66/enacted); Secretary of State for the Home Department v Al-Jedda, UKSC (9 October 2013) (note that this decision interprets a previous version of the BNA, which was amended in response to the Al-Jedda decision); Amal de Chickera, ‘Theresa May but the UK shall not’ (European Network on Statelessness Blog, 19 November 2013) http://www.statelessness.eu/blog/theresa-may-uk-shall-not. 17 Ministerial statements during the passage of the BNA confirm the intention that changes to this jus soli rule were to continue offering British citizenship only to persons with sufficiently close personal connections to the UK. See Hansard, British Nationality Bill, HC Deb 02 June 1981 vol 5 cc868-79, http://hansard.millbanksystems.com/commons/1981/jun/02/british-nationality-bill-1. 18 Without absences greater than 90 days in any relevant year and subject to a good character requirement. 19 Even in cases where at the time of birth, the required connection did not exist or was insufficiently clear because neither parent was British or settled. The BNA also includes provision for certain children not born in the UK to apply to be registered as British; for example, Section 3(1) applies to any child in the UK, who may be registered at the discretion of the Secretary of State. 20 Para 3, Schedule 2, BNA 1981 states: (1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely— (a) that he is and always has been stateless; and (b) that on the date of the application he […]2 was under the age of twenty-two; and (c) that he was in the United Kingdom or a British overseas territory (no matter which) at the beginning of the period of five years ending with that date and that (subject to paragraph 6) the number of days on which he was absent from both the United Kingdom and the British overseas territories in that period does not exceed 450. 21 See Mapping Statelessness (note 1) Section. 6.4.1. 22 Section 6 BNA 1981. For persons married to British citizens, the required period of residency in the UK is reduced by 2 years. 4