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