PREFACE
The Case for Change
There have been many changes in British society and in this country's role in the world since the British Nationality Act which provides the basis of our citizenship was passed in 1948. The law has been amended on numerous occasions so that it is in some respects complicated and obscure. Moreover, because Britain is no longer an Imperial power the all-embracing concept of nationality associated with this role, including the citizenship of the United Kingdom and Colonies, is no longer appropriate. It follows there is need now to examine how our nationality law can be simplified and brought up-to-date.
Shortly after taking office the Government, in accordance with the Labour Party Manifesto of February 1974, set up a group to examine what should be done. This discussion document is based largely on their work.
The Government do not intend to introduce early legislation on the subject. They recognise that there is room for differing views both on the principles and details of a new scheme, and they think it right to give ample time for study and discussion of the ideas in the document, which would affect everyone in this country and many people overseas. The Government have themselves reached no firm conclusions on many of these ideas. But where they are at present inclined towards a particular course the document says so.
The law of nationality evolved slowly and it is only comparatively recently that it has had a statutory basis. The Government are anxious to ensure that any revision of the law should provide a system which is both satisfactory and lasting; and that in removing difficulties and grievances which changes in the nature of the Commonwealth since 1948 have placed on the system then introduced, it should not create fresh difficulties. This is a complex task requiring time for full consideration of all the issues involved.
The main ideas canvassed in the document are summarised below. They are designed to put right the main defect in our present law. This is that our present citizenship of the United Kingdom and Colonies, as its name implies, relates both to the United Kingdom and overseas territories; it does not identify those who belong to this country and have the right to enter and live here freely; in consequence it prevents the United Kingdom from basing its immigration policies on citizenship. Our citizenship is in these respects different from the citizenships of many other countries including our partners in the European Community.
Two new citizenships
Possible Changes
In paragraphs 13–16 it is suggested that the present citizenship of the United Kingdom and Colonies might be replaced by two citizenships—a British Citizenship for those who have close ties with this country, and a British Overseas Citizenship which would be held by the remainder of those persons who are now citizens of the United Kingdom and Colonies.
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People who would become British Citizens
It is suggested that British Citizenship should be conferred, in general, on those citizens of the United Kingdom and Colonies who were born, naturalised or registered here (or in the Channel Islands or Isle of Man); on those who hold that citizenship by descent and have the right of entry; and on those citizens of the United Kingdom and Colonies and British Protected Persons from depen- dencies or former dependencies (including those from East Africa) and British Subjects without Citizenship, who have settled in this country for a specified period (paragraphs 19–26).
It would be the intention that British Citizens—and only British Citizens— should have an unqualified right of free entry to the United Kingdom; but there are some people who now have such a right who would not become British Citizens under these proposals, and there might be a case for allowing them to retain this right for their lifetimes (paragraphs 27–29).
Movement within the European Community
The present definition of "United Kingdom national" for European Com- munity purposes would need to be redrawn, in consultation with our partners in the Community, so that in general all British Citizens would have the same freedom of movement within the territory of the Community (paragraph 30).
Transmission to children born abroad
It is suggested that women, as well as men, should be able to transmit their citizenship to their children born abroad, but that transmission should be generally confined to the first generation so born (paragraphs 38~46).
Acquisition by virtue of marriage
Under the present nationality law of the United Kingdom, a woman who marries a man from this country has the right to acquire her husband's citizen- ship. But a man from overseas who marries a woman from this country has no such right. The document discusses whether the law for acquiring citizenship by virtue of marriage should be altered to treat both sexes equally. It makes some reference to the laws of other countries in this field (paragraphs 48–50).
Naturalisation
The question whether there should be any change in the requirements for the grant of naturalisation, for example as to the standards of character and knowledge of the language, is discussed in paragraphs 51–60.
Dual nationality
Our present law imposes no restrictions on the holding of dual nationality. Paragraphs 61-65 mention some of the complexities arising from dual nationality and discuss what changes might be made.
British Overseas Citizenship
It is suggested that British Overseas Citizenship might be conferred on those citizens of the United Kingdom and Colonies who were born, naturalised or registered in an existing dependency, or whose fathers were so born, naturalised
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