CONFIDENTIAL
BRIEF NO.3:. NATIONALITY
BRITISH NATIONALITY ACT 1981
ANNEX A
1.
The British Nationality Act 1981 is due to come into
effect on 1 January 1983.
2.
Existing nationality law is contained in the British
Nationality Acts 1948 - 1965. The unitary form of citizenship
citizenship of the United Kingdom and Colonies
-
prescribed by
the 1948 Act is no longer realistic. The 1981 Act replaces citizenship of the United Kingdom and Colonies by three separate citizenships, British citizenship for those who have close links
with the United Kingdom, British Dependent Territories citizenship for those who have close links with an existing
dependent territory and British Overseas citizenship for those
who do not acquire one of the other two citizenships on
1 January 1982. Women will transmit citizenship on equal terms
with men to their children born abroad after commencement.
Minor children born abroad before commencement to women born in
the United Kingdom will continue to be able to be registered as British citizens under the Home Secretary's general discretion to register minor children.
3.
No one who is now a citizen of the United Kingdom and Colonies wil be left without a citizenship, and the Act contains provisions which more than comply with the United Kingdom's
obligations under the UN Convention on the Reduction of
Statelessness.
4.
The Act was amended by the Government during its passage through Parliament to enable British citizens by registration,
many of whom originate from Commonwealth countries, to continue
to be able to transmit their citizenship to their children born
overseas. A further Government amendment enables a Commonwealth
citizen who currently has an entitlement to acquire our citizenship to retain that entitlement for five years after
commencement of the Act.
CONFIDENTIAL
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