Report on United Kingdom
degree of security and permanence which it provides. Only British born citizens
without an alternative nationality are immune from deprivation (although they could
be made subject to exclusion orders). Those with a dual nationality and those who
have naturalised may see their citizenship removed. It is probable that a greater
proportion of these latter groups will belong to the UK’s ethnic minorities. While
many of the former injustices associated with British citizenship were moved in the
early years of the twenty-first century, recent years have thus seen new axes of
exclusion and discrimination emerge.
3.4 Nationality, immigration and the Commonwealth
The Commonwealth of Nations is the shadow of the old Empire but still has
considerable emotional power. Almost all of its member states are previous countries
of the Empire, but not all former British territories are members.48 In a striking
reversal of the previous position, a person from a Commonwealth country does not for
that reason have any particular advantage in relation to British citizenship rights,
though many people do have rights rooted in the historical connection with the UK.
Some citizens of Commonwealth countries still have the right of abode in the
UK granted to them by the Immigration Act 1971 and others are citizens by descent
(although this ends after one generation unless a connection with the UK is
maintained through residence). Others may be able to use a provision in the
immigration rules that allows those with a grandparent born in the UK to work and,
after five years, settle in the UK without having to meet the usual criteria for a work
visa. The remaining British Overseas Citizens and British Dependent Territories
Citizens are subject to immigration control (the only concession is access to the youth
mobility scheme which replaced the working holidaymaker scheme) but have rights to
register instead of naturalising as British citizens if they meet the conditions.
Otherwise, particularly since the abolition of the working holidaymaker visa in 2008,
the position of Commonwealth citizens who are not British citizens is
indistinguishable from other non-nationals.
3.5 British nationality and citizenship law and its external relationships
Britain’s citizenship laws are not apparently much directly affected by formal
relations or agreements with foreign states.49 In relation to the European Community,
the UK decided that only British citizens, and not other British nationals, would be
European citizens, and this was upheld by the Luxembourg court in Kaur.50 However
policy towards certain categories of British nationals is clearly affected by
international politics. Gibraltarians were British citizens from the inception of the
48
The Irish Free State became the Republic of Ireland and left; Malaya became part of Malaysia, and
Newfoundland became part of Canada. Tanganyika and Zanzibar merged as Tanzania; Zimbabwe was
suspended and then withdrew. In 1961, South Africa withdrew from the Commonwealth because of
pressure against its then apartheid policies, and the Commonwealth also participated in sanctions
against the regime (Commonwealth Accord on South Africa October 1985), before the ending of
apartheid and the rejoining of South Africa in 1994. Applications to join the Commonwealth have been
made by Sudan, Algeria, Madagascar, Yemen and the Palestinian National Authority; Mozambique and
Rwanda have joined.
49
More obvious in this area are expulsion policies, where the UK has been anxious to expel foreign
nationals to countries which have a reputation for ill-treatment of their citizens that would make such
expulsions amount to a breach of Art 3 EHCR. Britain has obtained ‘readmission’ agreements,
effectively agreements by the home country not to torture those returned. These agreements were
always controversial.
50
Case C-192/99 Kaur [2001] ECR I-1237, confirming the Declaration made in 1972 and appended to
the Treaty of Accession to the European Community.
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
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