British citizenship can be acquired through the following ways: 1. According to the principle of jus soli (right of the soil): Born in the UK, and either parent is a British citizen or has obtained permanent settlement in the UK (equivalent to a US Green Card) at the time of birth.
2. According to the principle of jus sanguinis (right of blood): One of the parents became a British citizen through qualifications other than descent (e.g., birth, adoption, registration, or naturalization). An example is the British actress Emma Watson, who was born in France but is a British citizen because her parents hold British nationality.
3. Naturalization
4. Registration
5. Adoption
In matters of nationality, the Channel Islands and the Isle of Man are generally considered part of the UK.
Those who acquire British citizenship through the second method are citizens by descent. Those who acquire citizenship through the first, third, or fifth methods are citizens otherwise than by descent. Those who become citizens through registration (the fourth method) may be either, depending on the circumstances. Only citizenship acquired through qualifications other than descent can be automatically transmitted to children born overseas through registration.
Birth in the UK
According to the British Nationality Act 1981, which came into effect on January 1, 1983, children born in the UK to parents where either one is a British citizen or is settled in the UK will automatically become British citizens.
· Only one parent needs to meet these conditions.
· "Settled" here refers to residing in the UK with the right of abode or Indefinite Leave to Remain status, or being a citizen of a European Union or European Economic Area member state with permanent residence. Irish citizens in the UK are also considered settled here.
· There are special provisions for parents who are citizens of the European Union, European Economic Area member states, or Switzerland. Relevant laws were amended on October 2, 2000, and April 30, 2006.
· For children born after July 1, 2006, if only the father meets the conditions, the parents must be married. Those who marry after the birth can usually begin to transmit citizenship.
· If the parents are not married, but could transmit citizenship if they were married, the UK Home Office will generally register the child as a British citizen upon receiving an application. The child must be under eighteen years of age on the date of registration.
· If one of the parents acquires British citizenship or "settled" status after the child is born, the child can be registered as a British citizen if they are under eighteen.
· If a child resides in the UK until the age of ten (for 10 full years), they have the right to be registered as a British citizen for life, regardless of immigration status or the nationality of their parents.
· Children whose parents are British Overseas Citizens or British subjects, or who are stateless, can acquire British citizenship under special provisions.
Before 1983, those born in the UK, except for children of foreign diplomats and enemy aliens, held British nationality regardless of their parents' immigration status. This rule also applied to visiting military personnel from other countries, so children born in the UK to military personnel visiting before 1983 (such as US troops stationed in the UK) were British citizens due to the principle of birthright.
Descent Relationships
The rules for acquiring British citizenship by descent vary depending on when the person was born.
Since 1983
Children born outside the UK after January 1, 1983, will automatically acquire British citizenship if either parent was a citizen otherwise than by descent at the time of birth.
· Only one parent needs to be a citizen otherwise than by descent.
· Before July 1, 2006, an unmarried father could not transmit citizenship to his children, although if the parents eventually married and the child was born legitimate, the father could transmit citizenship, and the child could generally become a British citizen from that point on.
· If the above clause is not met, the child can only apply before reaching the age of eighteen, provided that they could have inherited citizenship if their parents had been married.
· If the parents are British citizens by descent, there are additional provisions. In general, the parents should have resided in the UK for three years, and the child can be registered as a British citizen within twelve months of birth.
· For the purposes of British nationality, the Isle of Man and the Channel Islands are considered part of the UK.
· Before May 21, 2002, those born in British Overseas Territories other than the Falkland Islands were considered born overseas for the purposes of British nationality. After May 21, 2002, those born in British Overseas Territories other than Cyprus have the same eligibility to acquire British citizenship as those born in the UK.
· Those born abroad while their parents are serving as civil servants abroad usually acquire citizenship through qualifications other than descent. In other words, they are no different from those born in the UK.
· In exceptional cases, the UK Home Secretary can exercise discretion to register children of citizens by descent as British citizens, for example, when the child is stateless.
Before 1983
Before 1983, British nationality could generally only be inherited from the father, and the parents must have been married.
Since April 30, 2003, children born to British women between February 8, 1961, and December 31, 1982, have the right to be registered as citizens by descent. However, those who enjoy permanent residence or are eligible to apply for the right of abode generally acquire British nationality through naturalization, because nationality acquired through naturalization is acquired through qualifications other than descent and is therefore transmissible. Successful registrants must be of good character and participate in a naturalization ceremony.
Adoption Relationships
Children adopted by British citizens will only automatically acquire citizenship under the following circumstances:
· The adoption order was issued by a court in the UK, the Channel Islands, the Isle of Man, or the Falkland Islands on or after January 1, 1983; or
· The adoption is in accordance with the 1993 Hague Convention on intercountry adoption and came into effect on or after June 1, 2003, and the adopter was habitually resident in the UK on that date.
In either case, at least one adoptive parent must be a British citizen on the date of adoption.
In other cases, an application to register an adopted child as a British citizen must be made before they reach the age of eighteen. If the responsible Minister accepts that the adoption is bona fide, and that the adopted child would have had British citizenship if they were the biological child of the adopter, the application will generally be approved. Usually, the adoption must be conducted under the laws of a "designated country" to be recognized in the UK, and most developed countries and some others are already "designated" countries. This is the general method for British citizens with foreign permanent residence to acquire British citizenship for their locally adopted children.
If an adoption order is revoked or declared invalid, the British citizenship acquired by the adoptee based on that adoption will not be lost.
British children adopted by non-British citizens will not lose their British nationality even if they acquire a new nationality due to the adoption.
Naturalized Citizens
The conditions for naturalization as a British citizen depend on whether the applicant is married to another British citizen.
If married to a British citizen, the applicant must:
· Have Indefinite Leave to Remain in the UK (or an equivalent qualification for this purpose, such as right of abode, citizen of an EU member state, Irish citizen, etc.);
· Have been legally resident in the UK for three years;
· Demonstrate sufficient knowledge of life in the UK, for example, by passing the Life in the United Kingdom test or attending a combined English and citizenship course. Proof of the above test or course must be submitted when applying for naturalization. For applicants over 65, the language requirement can usually be waived, and applicants aged 60 to 65 may also be granted a waiver;
· Meet the standard for English, Welsh, or Scottish Gaelic. Those who pass the Life in the United Kingdom test are considered to have sufficient English proficiency.
If not married to a British citizen, the conditions are:
· Legal residence in the UK for five years;
· Have Indefinite Leave to Remain or equivalent qualification for 12 months or more;
· The applicant must intend to continue residing in the UK, or work overseas for the United Kingdom government, a British company, or an organization.
· The same standard of language and knowledge of life as applicants married to British citizens.
All naturalization applicants must be of good character. Naturalization is decided at the discretion of the UK Home Office, but if the requirements are met, it is generally approved. If not approved, one can appeal to the court for judicial review.
As of August 2006, applicants for British citizenship in the Channel Islands and the Isle of Man (generally for the purpose of settling in these Crown Dependencies rather than the UK mainland) are not required to take the Life in the United Kingdom test. However, this rule is expected to change in the near future. The proficiency tests for English, Welsh, and Scottish Gaelic remain unchanged. In rare cases where overseas naturalization is permitted, the Life in the United Kingdom test can be taken in writing at the local British diplomatic mission.
Others
The immigration status of citizens of European Economic Area member states and Switzerland has changed many times since 1983. These rules are particularly important for naturalization eligibility and whether children born to such citizens in the UK are British citizens.
Before October 2, 2000
Generally, any citizen of an EEA member state exercising Treaty rights in the UK is considered "settled" in the UK. Therefore, children born to such persons in the UK are usually British citizens.
October 2, 2000, to April 29, 2006
The Immigration (European Economic Area) Regulations 2000[3] stipulated that, with few exceptions, citizens of the European Union and the European Economic Area would not be considered settled in the UK unless they had previously applied for and been granted permanent residence. This is closely related to the naturalization process and the question of whether European children born in the UK have the right of abode.
On or after April 30, 2006
After the Immigration (European Economic Area) Regulations 2006[4] came into effect on April 30, 2006, citizens of the European Economic Area and Switzerland automatically acquire permanent residence after residing in the UK for 5 years while exercising Treaty rights.
Children born in the UK to EEA and Swiss citizens (either parent) who have resided in the UK for 5 years while exercising Treaty rights are usually automatically British citizens. If neither parent has resided in the UK for 5 years at the time of the child's birth, the child can be registered as a British citizen under Section 1(3) of the British Nationality Act after the parents have completed 5 years of residence.
Children born between October 2, 2000, and April 29, 2006, can be registered as British citizens if either parent has resided in the UK for 5 years while exercising Treaty rights.
Irish Citizens
Since the United Kingdom and the Republic of Ireland form the Common Travel Area, Irish citizens are not limited by the above provisions and are considered settled in the UK upon residence.
Swiss Citizens
Since June 1, 2002, Swiss citizens have enjoyed the rights mentioned above for EEA citizens.
Ten-Year Rule
According to relevant immigration regulations, non-British children born to EEA or Swiss citizens can be registered as British citizens after their parents have obtained "settled" status.
In addition, children born in the UK who reside in the UK until the age of 10 have the right to be registered as British citizens, regardless of their or their parents' immigration status. This is the Ten-year rule.
Registration
Registration is a simpler way to acquire British citizenship, but only some people are eligible.
British nationals other than British citizens, if they have Indefinite Leave to Remain or the right of abode, can register under the provisions of Part IV of the British Nationality Act after residing in the UK for 5 years.
The following persons also have the right to register as British citizens due to policies or regulations:
· Children born in the UK to persons who have acquired British citizenship or Indefinite Leave to Remain
· Children born in the UK who have resided there until the age of 10
· Children whose father has British citizenship but whose parents are not married
· British Overseas Citizens, British subjects, and British protected persons who have no other nationality
· Some British nationals from Hong Kong who meet the requirements of the Hong Kong (War Wives and Widows) Act 1996 or the British Nationality (Hong Kong) Act 1997
· Children (including adults) born outside the UK between 1961 and 1982 to women born in the UK or naturalized
· Certain children born outside the UK to citizens by descent
· Certain stateless children born in the UK
· Persons who acquired British Overseas Territories citizenship after May 21, 2002 (excluding those associated with the British Sovereign Base Areas in Cyprus)
· Children under 18 adopted abroad by British citizens
· Persons who have renounced British citizenship and are no longer British citizens
Overseas Territories Citizens
The British Nationality Act 1981 makes roughly the same provisions for the acquisition and loss of British Dependent Territories citizen (renamed British Overseas Territories citizen in 2002) status as it does for British citizenship. The Home Secretary has delegated the power to grant British Overseas Territories citizenship to the governors of the overseas territories. Only in exceptional cases will the Home Office register applicants as British Overseas Territories citizens in the UK.
On May 21, 2002, British Overseas Territories citizens without British citizenship (excluding those associated with the British Sovereign Base Areas in Cyprus) automatically acquired British citizenship under the British Overseas Territories Act 2002. These persons can register as British citizens under Section 4A of the British Nationality Act 1981.
Other British Nationalities
Currently, acquiring the status of British Overseas Citizen, British National (Overseas), British subject, or British protected person is very rare and unusual, as they generally cannot be acquired by descent and are not open to application, except to prevent statelessness.
The Nationality, Immigration and Asylum Act 2002 granted British Overseas Citizens, British subjects, or British protected persons the right to acquire British citizenship, provided they had no other nationality or had not renounced or lost any nationality or citizenship through action or inaction after July 4, 2002. Originally, these people had no right of abode in any country and were effectively stateless. Despite strong opposition from senior officials in the UK Home Office, then-Home Secretary David Blunkett stated on July 3, 2002, that this plan would "correct a historical wrong," allowing tens of thousands of stateless persons who had worked for former British colonial governments in Asia to regain British citizenship.
Persons with Connections to Former British Colonies
British Overseas Citizen status is usually held by persons with connections to former British colonies.
The largest group among them are those with connections to Penang and Malacca (now part of Malaysia) before August 31, 1957.
British National (Overseas) and Hong Kong
Most former British Dependent Territories citizens associated with the former British colony of Hong Kong have now become British Nationals (Overseas) (regardless of whether they have People's Republic of China nationality), British Overseas Citizens, or purely citizens of the People's Republic of China. The deadline for applying for British National (Overseas) status expired in 1997, and there are currently no special provisions for acquiring British National (Overseas) status. However, stateless persons born to British Nationals (Overseas) may be eligible to become British Overseas Citizens, and subsequently register as British citizens.
Due to several special legislations in 1990, 1996, and 1997, certain British Dependent Territories citizens in Hong Kong at that time were able to acquire British citizenship. In other cases, former British Dependent Territories citizens in Hong Kong may also have acquired British citizenship through special grants and in accordance with general regulations.
The aforementioned British nationals (including British citizens and British Nationals (Overseas)) are considered Chinese citizens by the People's Republic of China regardless of whether it was before or after the handover of sovereignty. These citizens of the People's Republic of China are classified differently from Chinese citizens from mainland China and Macau.
Persons Born in the Republic of Ireland
Approximately 800,000 people born before 1949 who are associated with the Republic of Ireland have the right to claim British subject status under Section 31 of the British Nationality Act 1981.
Descendants of Electress Sophia of Hanover
Eligible descendants of Electress Sophia of Hanover are currently entitled to acquire British Overseas Citizen status because they were considered British subjects before 1949. Such persons who had already acquired the right of abode in the UK in 1983 may also be able to acquire British citizenship. For further information, please refer to the history of British nationality law and the Sophia Naturalization Act 1705.
