Caroline Sawyer, Helena Wray
citizenship to children born abroad. British citizens, whether by descent or otherwise,
have the right of abode in the UK.
It is rare that individuals are born into one of the other categories of British
citizen. Most British Overseas Territories Citizens and British Overseas Citizens
without another nationality are now British citizens. Some individuals may still wish
to naturalise as British Overseas Territories Citizens and thus transmit their
citizenship but British Overseas Citizens is a declining category as it cannot be
transmitted to children or acquired in other ways.
There are a few residual groups. British Nationals (Overseas) are people from
Hong Kong who applied for this status before Hong Kong passed back to China in
1997.27 The term ‘British subjects’ now applies to two residual categories of people,
and then only if and for so long as they have no other nationality: firstly, certain
people who were formerly connected through British India, and secondly people who
were connected with the Republic of Ireland and made a declaration in 1949 of
retention of British nationality in 1949. These British subjects may find it relatively
easy to naturalise as British citizens. British Protected Persons were connected with
parts of the British Empire that were not directly ruled colonies but protectorates, such
as Iraq, where the local ruler was at least nominally independent. People in this last
category are not really considered to be British at all – they were not British subjects
in the previous sense and they are not Commonwealth citizens now, but they are also
not aliens.
3.2 Becoming British after birth
There are two routes to naturalisation: marriage or residence. Naturalisation through
marriage is easier; applicants must be over eighteen years old, of sound mind and
good character, have passed tests of English (or Welsh or Scottish Gaelic) language
and of knowledge of life in the UK, have indefinite leave to remain and to have lived
in the UK for three years (subject to permitted absences) without being in breach of
the immigration rules; the spouses or civil partners of those on Crown and designated
service may apply from abroad.28 While only three years’ residence is required by
statute, since July 2012, spouses must live with their partner for five years before
obtaining indefinite leave so that the minimum period is now, de facto, five years.
Those applying through residence must meet the above conditions except that
the residence period is five years, of which one has been spent free of immigration
restrictions (i.e. as settled residents), again unless a person is on Crown service.29 In
addition, they must show that they intend to make their home in the UK. A person
once naturalised is treated as a British citizen otherwise than by descent, and so can
pass British citizenship to a child born outside the UK (see above).
A particular and increasing barrier to naturalisation – as well as other
applications - is the high cost of the fee, and the lack of any formal appeals process.
The deterrent effect of the high fees is mentioned not only by Dummett in her earlier
Report for this project (2005: 564, 575), but also by organisations active in the field
(e.g. Refugee Council 2007) and those commissioned by Peter Goldsmith to research
the background for his paper on Citizenship: Our Common Bond, discussed further
below. By 2014, an application cost £826.
27
Hong Kong Act 1985 and the British Nationality (Hong Kong) Order 1986.
28
While the minimum residence period remains three years under statute, under changes to the
immigration rules, all spouses must live in the UK and meet the conditions of their visa before being
eligible for settlement, so that is now the de facto minimum.
29
As with spouses, most migrants must wait for five years to obtain settlement and must then live for
one year without being subject to restrictions before being eligible to naturalise so that the minimum
period will, in reality, be at least six years for most.
12
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents