Nationality and Citizenship in UK Law

Leading Cases
  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Feb 2011

    Although nationality is not a "trump card" it is of particular importance in assessing the best interests of any child. The UNCRC recognises the right of every child to be registered and acquire a nationality (Article 7) and to preserve her identity, including her nationality (Article 8).

    This is not, it is agreed, a factor of limitless importance in the sense that it will prevail over all other considerations. It is a factor, however, that must rank higher than any other. It is not merely one consideration that weighs in the balance alongside other competing factors. Where the best interests of the child clearly favour a certain course, that course should be followed unless countervailing reasons of considerable force displace them.

    The first of these is in its role as a contributor to the debate as to where the child's best interests lie. It seems to me self evident that to diminish a child's right to assert his or her nationality will not normally be in his or her best interests. As Lady Hale has said, this is not an inevitably decisive factor but the benefits that British citizenship brings, as so aptly described by Lord Hope and Lady Hale, must not readily be discounted.

  • Ogundimu (Article 8 - New Rules) Nigeria [Upper Tribunal]
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 28 Ene 2013

    It involves there being a continued connection to life in that country; something that ties a claimant to his or her country of origin. If this were not the case then it would appear that a person's nationality of the country of proposed deportation could of itself lead to a failure to meet the requirements of the rule.

  • Oppenheimer v Cattermole
    • House of Lords
    • 05 Feb 1975

    But what we are concerned with here is legislation which takes away without compensation from a section of the citizen body singled out on racial grounds all their property on which the State passing the legislation can lay its hands and, in addition, deprive them of their citizenship. To my mind a law of this sort constitutes so grave an infringement of human rights that the Courts of this country ought to refuse to recognise it as a law at all.

  • EV (Philippines) and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Jun 2014

    In my judgment, therefore, the assessment of the best interests of the children must be made on the basis that the facts are as they are in the real world. If neither parent has the right to remain, then that is the background against which the assessment is conducted. Thus the ultimate question will be: is it reasonable to expect the child to follow the parent with no right to remain to the country of origin?

  • Januzi and Others v Secretary of State for the Home Department
    • House of Lords
    • 15 Feb 2006

    The decision-maker, taking account of all relevant circumstances pertaining to the claimant and his country of origin, must decide whether it is reasonable to expect the claimant to relocate or whether it would be unduly harsh to expect him to do so. The decision-maker must do his best to decide, on such material as is available, where on the spectrum the particular case falls. All must depend on a fair assessment of the relevant facts.

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Legislation
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... (1) Section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker) is amended in ... 1984 as applied by an order under section 23 of the Borders, Citizenship and Immigration Act 2009, or. . . (b) Article 21 of the Police and ......
  • West Indies Act 1967
    • UK Non-devolved
    • 1 de Enero de 1967
    ......affairs;. .   . ( b . ) any matter relating to nationality or citizenship; and. .   . ( c . ) any matter relating to the ......
  • British Nationality Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ... . . British NationalityAct 1981 1981 CHAPTER 61 . An Act to make fresh provision about citizenship and nationality, and to amend the Immigration Act 1971 as regards the right of abode in the United Kingdom. . [30th October 1981] . . Be it ......
  • British Nationality Act 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ...... for the acquisition of the status of British subject by alien women who have been married to persons being British subjects without citizenship by virtue of section 13 or 16 of the British Nationality Act 1948 or British subjects by virtue of section 2 of that Act, and for purposes connected ......
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Books & Journal Articles
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Law Firm Commentaries
  • How to get Dual citizenship
    • LexBlog United Kingdom
    Dual citizenship is also commonly referred to as Dual nationality. It means you legally hold the citizenship of two or more countries. Dual citizenship is lawfully allowed in the UK. While holding ...
    ...Dual citizenship is also commonly referred to as Dual nationality". It means you legally hold the citizenship of two or more countries. Dual citizenship is lawfully allowed in the UK. While holding your home country\xE2\x80"......
  • Citizenship Deprivations: What you need to know
    • LexBlog United Kingdom
    UK Government has the power to deprive someone of their British Citizenship under the British Nationality Act 1981. Section 40(2) allows the government to deprive someone of their Citizenship the i...
    ...UK Government has the power to deprive someone of their British Citizenship under the British Nationality Act 1981. Section 40(2) allows the government to deprive someone of their Citizenship the if “that deprivation is conducive to the public good” ......
  • New U.K. Immigration Route for Hong Kong Nationals Registered as British National (Overseas) Citizens
    • JD Supra United Kingdom
    On Wednesday, 1 July 2020, Foreign Secretary Dominic Raab confirmed, in a statement to Parliament about Hong Kong, a new bespoke U.K. immigration route for British National (Overseas) (BNO) citizen...
    ......BNO status is a previously obscure form of British nationality held by an estimated 2.9 million people in Hong Kong that, until now, did ...They will further be able to apply for British citizenship after holding indefinite leave to remain status for one year. We suspect ......
  • EDPB Issues Much-Awaited Guidance On GDPR's Territorial Scope
    • Mondaq UK
    ......This is a requirement of physical geographical location. Nationality, citizenship, residence and other legal status of the individual are ......
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