Nationality and Citizenship in UK Law

Leading Cases
  • ZH (Tanzania) v Secretary of State for the Home Department
    • Supreme Court
    • 01 Febrero 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 Enero 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.

  • KO (Nigeria) and Others v Secretary of State for theHome Department
    • Supreme Court
    • 24 Octubre 2018

    One is looking for a degree of harshness going beyond what would necessarily be involved for any child faced with the deportation of a parent. What it does not require in my view (and subject to the discussion of the cases in the next section) is a balancing of relative levels of severity of the parent's offence, other than is inherent in the distinction drawn by the section itself by reference to length of sentence.

  • Oppenheimer v Cattermole
    • House of Lords
    • 05 Febrero 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 Junio 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?

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Legislation
  • Nationality and Borders Act 2022
    • UK Non-devolved
    • 1 de Enero de 2022
    ... ... PART 1: Nationality ... British overseas territories citizenship ... 1: Historical inability of mothers to transmit citizenship ... (1) Part 2 of the British Nationality Act 1981 (British overseas territories ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... as not already in force, 28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(o), (3)-(6), 87(1)(4)(i) 82(1); ... 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 Criminal ... ...
  • Immigration Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not ... purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(n)(3)-(6), 87(1)(4)(i); S.I ... ...
  • Football (Offences) Act 1991
    • UK Non-devolved
    • 1 de Enero de 1991
    ... ... or insulting to a person by reason of his colour, race, nationality (including citizenship) or ethnic or national origins ... Annotations: ... ...
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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 countrys ... ...
  • 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 but ... ...
  • Regaining British Citizenship After Renouncing It
    • Mondaq UK
    ... ... There are a number of reasons why you may ... decide to renounce your British citizenship, including if you wish ... to gain a nationality or citizenship of a country that does not ... permit dual citizenship or multiple nationalities ... Following renunciation of your British ... ...
  • 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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Forms
  • Apply for a declaration about whether a named person is the parent of another named person
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... of one year ending with the ... date of death ... 6. Nationality, citizenship, immigration status ... Please state the nationality, ... ...
  • Application to be released on SIAC bail (SIAC B1)
    • HM Courts & Tribunals Service court and tribunal forms
    Special Immigration Appeals Commission forms including notice of appeal.
    ... ... (give as day/month/year) ... Are you male or female? ... Nationality (or nationalities) or ... citizenship ... Date of arrival in the United ... ...
  • Form T619
    • HM Courts & Tribunals Service court and tribunal forms
    Special Immigration Appeals Commission forms including notice of appeal.
    ... ... o n Appea l s Co m miss i on A c t 1 997 and/ o r Nationality Immigrati o n a n d Asylum A c t 2002 un d er wh i c h y o u ... ...
  • Appeal a visa or immigration decision (within the UK)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... your Refusal Letter): ... • section 40 of the British Nationality Act 1981(1) (deprivation of citizenship); ... • regulation 19(3) of the ... ...
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