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77. The Government consider it inappropriate at a time when for some years the grant of citizenship has been at discretion to continue this entitlem a permanent feature of the nationality law. Many of those who possess done so for a long time, and no Commonwealth citizen can have acquired the entitlement later than the end of 1977. There has been ample time for those who wish to take up the entitlement to do so. However, the Government will include in the Bill a provision enabling people with this entitlement to continue to exercise it, and become British Citizens, for 2 years after the new legislation comes into force; but after then it will cease to exist. They will not provide for the continuance of the discretion to accept late applications under the Pakistan Act.
Registration of Minor Children
78. Under present legislation the Home Secretary has discretion to register any minor child as a Citizen of the United Kingdom and Colonies. In exercising his discretion he takes account of the citizenship of the parents, the place in which the child is living and is likely to live and other relevant matters; and in considering an application on behalf of a child who is approaching the age of 18 he also has some regard to whether the child would be likely on reaching that age to satisfy the conditions required of an adult applying for naturalisation or registration at discretion.
79. Over and above this, it has been the practice since February 1979 to agree to an application for the registration of the child born and living abroad, of a woman who was herself born in the United Kingdom, provided there is no well founded objection by the child's father. This change in practice was introduced as a means of moving towards equality of treatment for men and women in advance of a change in a forthcoming Bill. Children born abroad in future to United Kingdom born women will, after the Act comes into force, acquire British Citizenship by descent. The numbers of parents applying for the registration of their children are likely to diminish on that account.
80. The Government will propose in the Bill that the Secretary of State's discretionary power to register a minor child shall be continued. But it is intended (see paragraph 54(b)) that a child born abroad to a parent who is a British Citizen who is such by descent or grant, and who subsequently settles in the United Kingdom, shall be entitled to be registered as a minor on com- pleting 3 years here with his parents.
81. Under the present legislation, where the registration of a child born and living overseas is granted by the Secretary of State or on his behalf by a High Commissioner overseas the effect has been to put a child in the same posi- tion as if he had been born in the United Kingdom, that is, he may in turn pass on citizenship to his children born abroad. This can result in some anoma- lous situations: for example, a United Kingdom-born husband and wife whose own children are born abroad would find that their child was a citizen by descent whereas a registered child would pass on citizenship one further generation.
82. Under the Government's proposals, a child born abroad who is registered will be on the same footing as one born abroad who is a citizen by descent.
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A Right of Appeal Against the Refusal of Naturalisation and Registration
The question whether a right of appeal should be provided against thefusal of naturalisation or registration was discussed in paragraphs 59 and 60 of the Green Paper. Some of those who have written in response have supported the idea of a system of appeal; most of them have also been in favour of objective tests for the assessment of an applicant's character.
84. The Government intend to propose that the grant of citizenship shall, with the exceptions mentioned in paragraphs 76, 77 and 80, be at the discretion of the Home Secretary, and that before granting an application for naturalisa- tion he shall have to be satisfied that the applicant is of good character. The Government share the doubts expressed in the Green Paper on whether it would be apt to have an appeals system if good character is to be assessed subjectively on the basis of reports. Accordingly, they will not propose the introduction of a right of appeal.
Dual Nationality
85. Many Citizens of the United Kingdom and Colonies have other citizen- ships, either by descent or by having been naturalised overseas. As the Green Paper explains, our present law contains no bar on the holding of dual nation- ality. Most other countries nowadays place restrictions on the holding of dual nationality, and in particular withdraw their citizenship from people who by their voluntary act obtain that of another country.
86. The options open to the United Kingdom are explained in paragraph 62 of the Green Paper as follows:—
(a) to have a complete ban on dual nationality whether it arises voluntarily or involuntarily, with some arrangement for children who are dual nationals to make a choice when they become of age;
(b) to ban dual nationality where it arises voluntarily-our citizens who voluntarily took another citizenship would thereby lose ours, and applicants for our citizenship would have to renounce any other citizenship as a condition of becoming citizens; and
(c) to ban dual nationality only where our citizens voluntarily acquire another nationality.
87. The correspondence received in response to the Green Paper indicated fairly evenly divided views on the subject. Much of the comment was on the lines that since the present tolerance of dual nationality seemed to have worked reasonably well, it should be allowed to continue, and that it would be re- assuring to a person settling down here if, when obtaining our citizenship, he could retain his original one. Other people took the opposite view, saying that people from overseas seeking our citizenship should be expected to demon- strate their commitment to this country by giving up their existing one.
88. The Government have considered all the options mentioned in the Green Paper. They are clear that it would be unnecessarily harsh to make someone who had acquired another citizenship involuntarily choose between that and his British Citizenship. They have considered also whether British Citizens should in future be allowed to retain their citizenship on acquiring another
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