Nationality and Citizenship in UK Law

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

  • E v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 16 July 2003

    Relocation in a safe haven will not provide an alternative to seeking refuge outside the country of nationality if, albeit that there is no risk of persecution in the safe haven, other factors exist which make it unreasonable to expect the person fearing persecution to take refuge there.

  • EV (Philippines) and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 June 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
  • Immigration Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not ... After section 78 of the Nationality, Immigration and Asylum Act 2002, insert- . "78A Restriction on removal ......
  • Immigration Act 2016
    • UK Non-devolved
    • January 01, 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 ......
  • Asylum and Immigration Appeals Act 1993
    • UK Non-devolved
    • January 01, 1993
    ......satisfy a requirement of the immigration rules as. to age or nationality or citizenship; or. . . (c) he or any person whose dependant he is ......
  • British Nationality Act 1948
    • UK Non-devolved
    • January 01, 1948
    ... . . . British Nationality Act, 1948 (11 & 12 Geo. 6.) CHAPTER 56. An Act to make provision for British nationality and for citizenship of the United Kingdom and Colonies and for purposes connected with the matters aforesaid. . [30th July 1948] . . Be it enacted by the King's most ......
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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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