Caroline Sawyer, Helena Wray
5.
Conclusion
Although the territorial borders of the UK appear stable, in citizenship terms they are
only now being consolidated. After a long historical period of gathering in people
from all over the world from whom the British monarch claimed allegiance,
citizenship law in the UK has developed since the mid-twentieth century largely to
exclude those based abroad and to limit those who may come to or remain in the UK
itself. Citizenship law has always been a tool of immigration policy and it is being
used to define a nationality to which people may belong when previously belonging
was a matter of geography and practice. At the beginning of the twentieth century,
Britain had no clear or real boundaries – ius soli operated throughout the Empire, so
that many people were British subjects who would never expect to go to the UK at all,
and the borders were in practice open to immigrants. This meant in practice that
anyone could come to the UK and be British in a single generation. Yet by the end of
the century, legislation was already well developed that would confine both territory
and population to the UK.69 The partial loss of ius soli in 1983 was a fundamental
cultural change, the implications of which are only now working through. The
provisions for being born British and becoming British might now look more like the
situation in other European countries, but reaching that result has entailed a radical
transformation.
The abandonment of parts of the old Empire has often been painful and
controversial. It was accomplished largely through redefining many British nationals
as non-citizens and potential immigrants. Legislation towards this began in the 1960s
when the concept of ‘patriality’ was first developed, before being consolidated in the
Immigration Act 1971: British subjects who were not born in the UK, and did not
have a parent or grandparent who was born there, were made subject to immigration
control should they try to enter the UK. A variety of forms of British nationality was
set up under the British Nationality Act 1981, of which only one, British citizenship,
carries the automatic right of abode in the UK. The other British national categories
are gradually being reduced, either because those in the categories cannot pass the
nationality on, so they die out, or because some of the categories are transferred to
British citizenship.
The effective closing of the borders to non-European immigrants has likewise
largely been accomplished legally if not actually. There is a significant section of the
UK=resident population that has a dubious immigration status or no such status at all.
As the culture changes from one of belonging by residence and participation to one of
belonging by entitlement and descent, those present in the country, as well as those
wishing to enter, have to be checked for legal compliance and this is becoming a more
extensive feature of British life. Given the ambiguity that characterises British
nationality law, some people who lack status do not realise it; sometimes queries are
raised only on an application to renew a British passport, when it is said that it should
not have been issued. Unlawful residents (first defined in 2002) are being separated
out, and much political effort, public expense and media attention is devoted to their
physical expulsion, although this often proves a problematic process for legal or
practical reasons. Debate around the expulsion of irregular or even regular migrants
who have been convicted of offences has become a primary conduit for the expression
of hostility to the Human Rights Act. After many years of adding complexity, the
previous Labour government’s last task before leaving office was a project of legal
reform that aimed to ‘simplify’ both citizenship and immigration law, making them
clearer and easier to operate while making naturalisation more difficult. Little was
achieved however despite some popular resonance.
69
It is true that some overseas populations are now British citizens (Gibraltarians and Falkland
Islanders), but this assists in the project of reducing the scope of non-citizen nationals and, more
importantly, retains and strengthens valuable land claims for the UK.
28
RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors
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