British nationality law: Difference between revisions

Content deleted Content added
Undid revision 1154507692 by 2A00:23C5:6A09:7601:9858:822F:BBFC:E989 (talk)
m Phrasing.
(20 intermediate revisions by 19 users not shown)
Line 1:
{{Short description|History and regulations of British citizenshipnationalities}}
{{Use dmy dates|date=April 2020}}
{{Use British English|date=September 2014}}
{{British subjects}}
 
The primary law governing [[nationality]] in the [[United Kingdom]] is the [[British Nationality Act 1981]], which [[coming into force|came into force]] on 1 January 1983. Regulations apply to the [[British Islands]], which include the UK itself (England, Wales, Scotland, and Northern Ireland) and the [[Crown dependencies]] (Jersey, Guernsey, and the Isle of Man); and the 14 [[British Overseas Territories]].
 
The six classes of British nationality each have varying degrees of [[civil and political rights]], due to the UK's historical status as a [[colonial empire]]. The principal class of British nationality is British citizenship, which is associated with the British Islands. [[British national]]s associated with an overseas territory are [[British Overseas Territories citizen]]s (BOTCs). Almost all BOTCs (except for those from [[Akrotiri and Dhekelia]]) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic [[right of abode in the United Kingdom]] and generally may no longer be acquired. These residual nationalities are the statuses of [[British Overseas citizen]], [[British subject]], [[British National (Overseas)]], and [[British protected person]].
Line 18:
There are six types of British nationality: any person who is a British citizen, [[British Overseas Territories citizen]] (BOTC), [[British Overseas citizen]] (BOC), [[British National (Overseas)]] (BN(O)), [[British subject]], or [[British protected person]] is a [[British national]].{{sfn|Sawyer|Wray|2014|p=18}} Of these statuses, only British citizenship grants automatic [[right of abode in the United Kingdom]].{{sfn|Sawyer|Wray|2014|p=28}} [[British Overseas Territories]] are areas outside of the [[British Islands]] where the UK holds sovereignty. Since 2002, nearly all BOTCs also hold British citizenship, except for those associated with [[Akrotiri and Dhekelia]].{{sfn|Sawyer|Wray|2014|p=10}}
 
The other four categories are residual nationality classes that generally cannot be acquired.<ref name="auto">{{harvnb|INPD Letter on BOCs}}, at para. 19.</ref> BOCs are people connected with [[List of countries that have gained independence from the United Kingdom|former British colonies]] who have no close ties to the UK or overseas territories.{{sfn|Layton-Henry|2001|p=124}} BN(O)s are [[Hong Kong resident]]s who voluntarily registered for this status before the territory's [[Handover of Hong Kong|transfer to China in 1997]].{{sfn|Sawyer|Wray|2014|p=12}} British subjects hold their status through a connection either to former [[British Raj|British India]] or to what is now the [[Republic of Ireland]] as they existed before 1949.<ref name="B(OTA)">{{cite web sfn|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |title=Guide B(OTA): Registration as a British citizen |date=March 2019 |publisher=[[Home Office]] |access-date=25 January 2022 |pagep=4 |df=dmy-all |archive-url=https://web.archive.org/web/20190328215035/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |archive-date=28 March 2019 |url-status=live }}</ref> British protected persons come from areas controlled by the British Empire butthat were never formally incorporated as Crown territory; this includes [[protectorate]]s, protected states, [[League of Nations mandate|mandated territories]], and Indian [[princely state]]s.{{sfn|Jones|1945|p=124}}
 
== History ==
Line 37:
 
=== Imperial common code ===
Parliament brought regulations for British subject status into codified statute law for the first time with passage of the [[History of British nationality law#British Nationality and Status of Aliens Act 1914|British]] Nationality([[4 and& Status5 ofGeo. Aliens5]]. Actc. 1914]]17). British subject status was standardised as a common nationality across the Empire. [[Dominion]]s that adopted Part II of this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalisation.{{sfn|Baldwin|2001|pp=527–528}}{{sfn|Historical background information on nationality|p=10}}
 
The 1914 regulations codified the doctrine of [[coverture]] into imperial nationality law, where a woman's consent to marry a foreigner was also assumed to be intent to [[Denaturalization|denaturalise]]; British women who married foreign men automatically lost their British nationality. There were two exceptions to this: a wife married to a husband who lost his British subject status was able to retain British nationality by declaration, and a British-born widow or divorcée who had lost her British nationality through marriage could reacquire that status without meeting residence requirements after the dissolution or termination of her marriage.{{sfn|Baldwin|2001|pp=526, 528–529}}
Line 48:
{{See also|Irish nationality law|British nationality law and the Republic of Ireland}}
 
Irish resistance to the Union and [[Irish Home Rule movement|desire for local self-governance]] led to the [[Irish War of Independence]]. FollowingDuring the war, the island of Ireland was [[Partition of Ireland|partitioned into two parts]]. Arising from the [[Anglo-Irish Treaty]] that ended the war, [[Southern Ireland (1921–1922)|Southern Ireland]] became the [[Irish Free State]] in 1922, while [[Northern Ireland]] remains part of the United Kingdom.{{sfn|Lloyd|1998|pp=515–516}} Under the terms of the [[Anglo-Irish Treaty]], Northern Ireland was included in the Irish Free State on independence, but had the right to opt out of the new state within one month of its establishment. This option was exercised on 7 December 1922. The 24-hour period in which Northern Ireland was officially part of the Irish Free State meant that every person ordinarily resident in Northern Ireland on 6 December who fulfilled the citizenship provisions in the [[Constitution of the Irish Free State]] had automatically become an Irish citizen on that date.{{sfn|Daly|2001|p=391}}
 
At its inception, the Irish Free State gained independence as a Dominion within the British Empire.{{sfn|Lowry|2008|p=205}} Imperial legislation at the time dictated that although individual Dominions could define a citizenship for their own citizens, that citizenship would only be effective within the local Dominion's borders. A Canadian, New Zealand, or Irish citizen who traveledtravelled outside of their own country would have been regarded as a British subject. This was reinforced by Article 3 of the 1922 Free State Constitution, which stated that Irish citizenship could be exercised "within the limits of the jurisdiction of the Irish Free State".{{sfn|Daly|2001|pp=378–379}}
 
When Free State authorities were first preparing to issue [[Irish passport]]s in 1923, the British government insisted on the inclusion of some type of wording that described the holders of these passports as "British subjects". The two sides could not reach agreement on this issue and when the Irish government began issuing passports in 1924, British authorities refused to accept these documents. British consular staff were instructed to confiscate any Irish passports that did not include the term "British subject" and replace them with British passports. This situation continued until 1930, when Irish passports were amended to describe its holders as "one of His Majesty's subjects of the Irish Free State".{{sfn|Daly|2001|pp=380–381}} Despite these disagreements, the two governments agreed not to establish border controls between their jurisdictions and all Irish citizens and British subjects continued to have the ability to move freely within the [[Common Travel Area]].{{sfn|Ryan|2001|pp=859–860}} Although Irish citizens have not been considered British subjects under Irish law since 1935,{{sfn|Heuston|1950|p=85}} the British government continued to treat virtually all Irish citizens as British subjects, except for those who had acquired Irish citizenship by naturalisation since the Free State had not incorporated Partpart II of the [[British Nationality and Status of Aliens Act 1914]] ([[4 & 5 Geo. 5]]. c. 17) into its legislation.{{sfn|Daly|2001|pp=382, 387}}
 
=== Changing relationship with the Empire and Commonwealth ===
Line 61:
The [[British Nationality Act 1948]] redefined British subject as any citizen of the United Kingdom, its colonies, or other Commonwealth countries. [[Commonwealth citizen]] was first defined in this Act to have the same meaning.{{sfn|Wade|1948|p=70}} This alternative term was necessary to retain a number of newly independent countries in the Commonwealth that wished to become republics rather than preserve the monarch as head of state.{{sfn|Weis|1979|p=17}} The change in naming also indicated a shift in the base theory to this aspect of British nationality; allegiance to the Crown was no longer a requirement to possess British subject status and the common status would be maintained by voluntary agreement among the various members of the Commonwealth.{{sfn|Karatani|2003|pp=116–118}}
 
British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country. A person born in Australia would be both an Australian citizen and a British subject.<ref name="EUIAust">{{cite web report|last=Thwaites |first=Rayner |year=2017 |title=Report on Citizenship Law: Australia |publisher=[[European University Institute]] |page=2 |urldf=http://cadmus.eui.eu/bitstream/handle/1814/46449/RSCAS_GLOBALCIT_CR_2017_11.pdf |accessdmy-date=3 April 2019all |archive-urlhdl=https://web.archive.org/web/20190404005007/http://cadmus.eui.eu/bitstream/handle/1814/46449/RSCAS_GLOBALCIT_CR_2017_11.pdf |archivehdl-dateaccess=4 April 2019 |url-status=live |df=dmy-all free}}</ref> British subjects under the previous meaning who held that status on 1 January 1949 because of a connection with the United Kingdom or a remaining colony became Citizens of the United Kingdom and Colonies (CUKC). CUKC status was the principal form of British nationality during this period of time.<ref>{{harvnb|''Re Canavan'' [2017] HCA 45}}, at para. 101.</ref>
 
There was also a category of people called British subjects without citizenship. Irish citizens who fulfilled certain requirements could file formal claims with the [[Home Secretary]] to remain British subjects under this definition. Additionally, those who did not qualify for CUKC status or citizenship in other Commonwealth countries, or were connected with a country that had not yet defined citizenship laws, would transitionally remain British subjects in this group.{{sfn|Weis|1979|p=18}}
Line 73:
All British subjects under the reformed system initially continued to hold free movement rights in both the UK and Ireland. Non-white immigration into the UK was systemically discouraged, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration.{{sfn|Hansen|1999|pp=90, 94–95}} This entitlement was part of a wider initiative to preserve close relationships with certain Dominions and colonies (Australia, Canada, New Zealand, South Africa, and [[Southern Rhodesia]]) and to moderate nationalist attitudes within the Commonwealth.{{sfn|Hansen|1999|pp=76–77}} In response, Parliament imposed immigration controls on any subjects originating from outside the British Islands with the [[Commonwealth Immigrants Act 1962]]. This restriction was somewhat relaxed by the [[Immigration Act 1971]] for patrials, subjects whose parents or grandparents were born in the United Kingdom,{{sfn|Evans|1972|pp=508–509}} which gave effective preferential treatment to white Commonwealth citizens.{{sfn|Paul|1997|p=181}} Ireland mirrored this restriction and limited free movement only to people born on the islands of Great Britain or Ireland. However, individuals born in the UK since 1983 are only British citizens if at least one parent is already a British citizen. The Irish regulation created a legal anomaly where persons born in Britain without British citizenship nevertheless held an unrestricted right to settle in Ireland; this inconsistency was removed in 1999.{{sfn|Ryan|2001|p=862}}
 
In other parts of the Commonwealth, British subjects already did not have an automatic right to settle. Australia, Canada, New Zealand, and South Africa had immigration restrictions in place for British subjects from outside their jurisdictions targeted at non-white migrants since the late 19th century.{{sfn|Huttenback|1973|pp=116, 120, 132}} After 1949, non-local British subjects under the new definition who were resident in these independent Commonwealth countries continued to retain certain privileges. This included eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. British subjects were eligible to vote in New Zealand until 1975{{sfn|McMillan|2017|p=31}} and Australia until 1984 (though subjects on the electoral roll in that year are still eligible).{{sfn|Chappell|Chesterman|Hill|2009|p=98}} In Canada, voting eligibility was revoked at the federal level in 1975, but not fully phased out in provinces until 2006.<ref>{{cite report |last=Maas |first=Willem |title=Access to electoralElectoral rightsRights: Canada |publisher=[[European University Institute]] |date=July 2015 |pages=13–14 |url=https://www.yorku.ca/maas/Maas2015b.pdf |access-datehdl=5 April 2019 |archive-url=https:1814//web.archive.org/web/20180728190054/http://www.yorku.ca/maas/Maas2015b.pdf36495 |archivehdl-date=28 July 2018 |url-statusaccess=livefree |df=dmy-all }}</ref> All Commonwealth citizens remain eligible to vote and stand for public office in the UK.{{sfn|Bloom|2011|pp=640, 653–654}}
 
=== Post-imperial redefinition of nationality classes ===
Line 83:
{{See also|European Union citizenship}}
 
In 1973, the United Kingdom joined the [[European Communities]] (EC), a set of organisations that later developed into the [[European Union]] (EU).{{sfn|Nugent|2017|pp=27–28}} British citizens were able to work in other EC/EU countries under the [[Freedom of movement for workers in the European Union|freedom of movement for workers]] established by the 1957 [[Treaty of Rome]]{{sfn|Siskind|1992|pp=899, 906}} and participated in their first [[1979 European Parliament election in the United Kingdom|European Parliament elections in 1979]].<ref>{{cite news |last=Lewis |first=Flora |author-link=Flora Lewis
|date=20 May 1979 |title=Europe Gets Set to Vote; It's Not Sure About What |work=[[The New York Times]] |url=https://www.nytimes.com/1979/05/20/archives/europe-gets-set-to-vote-its-not-sure-about-what.html |access-date=8 April 2022 |archive-date=8 April 2022 |archive-url=https://web.archive.org/web/20220408232004/https://www.nytimes.com/1979/05/20/archives/europe-gets-set-to-vote-its-not-sure-about-what.html |url-status=live }}</ref> With the creation of [[European Union citizenship]] by the 1992 [[Maastricht Treaty]], free movement rights were extended to all nationals of [[Member state of the European Union|EU member states]] regardless of their employment status.{{sfn|Wiener|1997|pp=529, 544}} The scope of these rights was further expanded with the establishment of the [[European Economic Area]] in 1994 to include any national of an EFTA member state except for [[Switzerland]],{{sfn|Tobler|2020|pp=482–483}} which concluded a separate free movement agreement with the EU that came into force in 2002.{{sfn|Vahl|Grolimund|2006|p=12}}
 
Not all British nationals were EU citizens. Only British citizens, British Overseas Territories citizens connected with [[Gibraltar]], and British subjects under the 1981 Act who held UK right of abode were defined as UK nationals for the purposes of EU law.{{sfn|Shah|2001|p=274}} Although the Crown dependencies were part of the [[European Union Customs Union]], free movement of persons was never implemented in those territories.<ref>{{cite report |title=Fact sheet on the UK's relationship with the Crown Dependencies |publisher=[[Ministry of Justice (United Kingdom)|Ministry of Justice]] |page=3 |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863381/crown-dependencies-factsheet-february-2020.pdf |access-date=19 March 2023 }}</ref> Following the UK's [[Brexit|withdrawal from the EU]] on 31 January 2020, British nationals have no longer been EU citizens. Despite this, British citizens continue to have free movement in Ireland as part of the preexisting arrangement for the Common Travel Area.<ref>{{cite web |date=23 December 2022|title=Common Travel Area guidance |website=[[govGOV.uk]] |publisher=[[Home OfficeUK]] |url=https://www.gov.uk/government/publications/common-travel-area-guidance/common-travel-area-guidance |access-date=1116 JulyNov 2022 |archive-date=17 January 2022 |archive-url=https://web.archive.org/web/20220117124038/https://www.gov.uk/government/publications/common-travel-area-guidance/common-travel-area-guidance |url-status=live }}</ref>
 
While the UK was a member state of the EU, Cypriot and Maltese citizens held a particularly favoured status there. While non-EU Commonwealth citizens continued to need a residence visa to live in the UK, Cypriot and Maltese citizens were able to settle there and immediately hold full rights to political participation due to their status as both Commonwealth and EU citizens.{{sfn|Bloom|2011|pp=649–650}} This group of EU citizens (along with Irish citizens) domiciled in the UK were able to vote in the [[2016 United Kingdom European Union membership referendum]] while all other non-British EU citizens could not.<ref>{{cite news |last=Makortoff |first=Kalyeena |date=19 April 2016 |publisher=[[CNBC]] |title=These non-Brits may decide the EU referendum |url=https://www.cnbc.com/2016/04/19/these-non-brits-may-decide-the-eu-referendum.html |access-date=18 August 2022 |archive-date=19 August 2022 |archive-url=https://web.archive.org/web/20220819074155/https://www.cnbc.com/2016/04/19/these-non-brits-may-decide-the-eu-referendum.html |url-status=live }}</ref>
Line 93 ⟶ 94:
 
=== British citizenship ===
Prior to 1983, all Individuals born within the [[British Islands]] (the United Kingdom and [[Crown Dependencies]]) received British citizenship at birth regardless of the nationalities of their parents. Individuals born afterwards only receive citizenship at birth if at least one parent is a British citizen or considered to have [[Indefinite leave to remain|settled status]] in the UK. ChildrenSection 2 of the Act establishes that adults born overseas are British citizens by descent if either parent is a citizen otherwise than by descent, subject to regulations.{{sfn|Sawyer|Wray|2014|pp=6, 11}} Section 3 of the Act establishes also that minors may be entitled to be citizens by registration if a parent is a citizen by descent who lived in the UK for a period before the birth. Adopted children are treated as if they were naturally born to the adopting parents at the time of adoption.{{sfn|Sawyer|Wray|2014|p=14}} Children born abroad to members of the [[British Armed Forces]] or British citizens on [[Crown servant|Crown service]] are treated as if they were born in the UK.{{sfn|Sawyer|Wray|2014|p=11}}
 
Children born in the UK to a resident Irish citizen at any time are always British citizens at birth.{{sfn|Treaty rights passport applications|p=12}} Since 1983, the status of a child born in the UK is dependent on whether their parents held British citizenship or settled status at the time of their birth. Irish citizens residing in the UK are deemed to hold settled status upon arrival .{{sfn|Sawyer|Wray|2014|pp=6, 11}}
 
Regulations concerning settled status for other [[European Union]] (EU), [[European Economic Area]] (EEA), and [[Switzerland|Swiss]] citizens have changed greatly over time, affecting the status of their children born during the different regulatory periods. EU/EEA citizens living in the UK before 2 October 2000 were automatically considered to be settled.{{sfn|Treaty rights passport applications|p=30}} Between that date and 29 April 2006, EU/EEA citizens were required to apply for permanent residency.<ref>{{cite web |title=Check if you're a British citizen: Born in the UK between 2 October 2000 and 29 April 2006 |publisherwebsite=[[Government of the United KingdomGOV.UK]] |url=https://www.gov.uk/check-british-citizenship/born-in-the-uk-between-2-october-2000-and-29-april-2006 |access-date=25 January 2022 }}</ref> Swiss citizens became subject to the same regulations on 1 June 2002.{{sfn|Treaty rights passport applications|p=13}} From 30 April 2006 until 30 June 2021, EU/EEA and Swiss citizens living in the UK for at least five years automatically received permanent resident status.{{sfn|Treaty rights passport applications|p=32}} Permanent resident status for these citizens expired on 1 July 2021, after which they have been required to hold settled status through the [[European Union Settlement Scheme]] or another path.{{sfn|Treaty rights passport applications|p=16}}
 
Foreign nationals may naturalise as British citizens after residing in the UK for more than five years and possessing indefinite leave to remain (ILR) for at least one year. The residency requirement is reduced to three years if an applicant is married to a British citizen and they immediately become eligible for naturalisation after receiving ILR or equivalent.{{sfn|Sawyer|Wray|2014|p=12}} Applicants must demonstrate proficiency in the [[English language|English]], [[Welsh language|Welsh]], or [[Scottish Gaelic]] languages and pass the [[Life in the United Kingdom test]].{{sfn|Sawyer|Wray|2014|pp=12–13}}
Line 104 ⟶ 105:
{{Main|British Overseas Territories citizen}}
 
Individuals born in a territory automatically receive BOTC status if at least one parent is a BOTC or has [[belonger status]]. Children born in an overseas territory to British citizen parents who are not settled in a territory are British citizens at birth, but not BOTCs. Parents do not necessarily need to be connected with the same overseas territory to pass on BOTC status.<ref name="AutoBOTC">{{cite web |title=Automatic acquisition: BOTC |date=14 July 2017 |version=1.0 |pages=8–9 |url=https://assets.publishing.servicewww.gov.uk/government/uploads/system/uploads/attachment_data/file/633075publications/automatic-acquisition-BOTCbotc-v1.0.pdfnationality-policy-guidance |publisher=[[UK Visas and Immigration]], [[Home Office]] |access-date=4 March 2019 |archive-url=https://web.archive.org/web/20190306043226/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633075/automatic-acquisition-BOTC-v1.0.pdf |archive-date=6 March 2019 |url-status=live }}</ref> Alternatively, a child born in an overseas territory may be registered as a BOTC if either parent becomes a BOTC or settles in any overseas territory subsequent to birth. A child who lives in the same territory until age 10 and is not absent for more than 90 days in each year is also entitled to registration as a BOTC.<ref name="RegistrationChildren">{{cite web |title=Registration as a BOTC: children |date=1421 July 20172023 |version=13.0 |url=https://assets.publishing.servicewww.gov.uk/government/uploads/system/uploads/attachment_data/file/633073publications/registration-as-a-botc-children-v1.0.pdf nationality-policy-guidance|publisher=[[UK Visas and Immigration]], [[Home Office]] |access-date=4 March 2019 |archive-url=https://web.archive.org/web/20190306042737/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633073/registration-as-a-botc-children-v1.0.pdf |archive-date=6 March 2019 |url-status=live }}</ref> Furthermore, an adopted child automatically become a BOTC on the effective day of adoption if either parent is a BOTC or has belonger status. In all cases that an individual is a British Overseas Territories citizen at birth or adoption within the territories, that person is a BOTC otherwise than by descent.<ref name="AutoBOTC" />
 
Individuals born outside of the territories are BOTCs by descent if either parent is a BOTC otherwise than by descent. Unmarried fathers cannot automatically pass on BOTC status, and it would be necessary for them to register children as BOTCs. If a parent is a BOTC by descent, additional requirements apply to register children as BOTCs. Parents in Crown service who have children abroad are exempted from these circumstances, and their children would be BOTCs otherwise than by descent, as if they had been born on their home territory.<ref name="RegistrationChildren" />
 
Foreigners and non-BOTC British nationals may naturalise as British Overseas Territories citizens after residing in a territory for more than five years and possessing belonger status or permanent residency for more than one year. The residency requirement is reduced to three years if an applicant is married to a BOTC. All applicants for naturalisation and registration are normally considered by the [[List of current viceregal representatives of the Crown#British Overseas Territories|governor of the relevant territory]], but the [[Home Secretary]] retains discretionary authority to grant BOTC status.<ref>{{cite web |title=Naturalisation as a BOTC at discretion |version=13.0 |date=1421 July 20172023 |publisher=[[UK Visas and Immigration]], [[Home Office]] |url=https://assets.publishing.servicewww.gov.uk/government/uploads/system/uploads/attachment_data/file/633053publications/naturalisation-as-a-botc-atnationality-discretionpolicy-v1.0.pdfguidance |access-date=5 March 2019 |archive-url=https://web.archive.org/web/20190306043129/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633053/naturalisation-as-a-botc-at-discretion-v1.0.pdf |archive-date=6 March 2019 |url-status=live }}</ref> Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to the Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies.<ref>{{cite web |title=Oath of allegiance and pledge of loyalty |date=17 December 2007 |publisher=[[UK Visas and Immigration]] |url=https://assets.publishing.servicewww.gov.uk/government/uploadspublications/system/uploads/attachment_data/file/258235/oathofallegiance.pdf |accessoath-date=5 March 2019 |archiveof-url=https://web.archive.org/web/20190306043258/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/258235/oathofallegiance.pdfallegiance-and-pledge-of-loyalty |archiveaccess-date=616 March 2019 |url-status=liveNov 2023}}</ref>
 
All British Overseas Territories citizens other than those solely connected with [[Akrotiri and Dhekelia]] became British citizens on 21 May 2002, and children born on qualified overseas territories to dual BOTC-British citizens since that date are both BOTCs and British citizens otherwise than by descent. Prior to 2002, only BOTCs from Gibraltar and the Falkland Islands were given unrestricted access to citizenship. BOTCs naturalised after that date may also become British citizens by registration at the [[Powers of the home secretary|discretion of the Home Secretary]].<ref>{{cite web |title=Registration as British citizen: other British nationals |version=26.0 |date=1721 DecemberJuly 20182023 |publisher=[[UK Visas and Immigration]], [[Home Office]] |url=https://assets.publishing.servicewww.gov.uk/government/uploadspublications/system/uploads/attachment_data/file/765392/Registration-as-a-British-citizen-other-Britishbritish-nationals-v2.0.pdf |accessnationality-date=5 March 2019 |archivepolicy-url=https://web.archive.org/web/20190306042614/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/765392/Registration-as-a-British-citizen-other-British-nationals-v2.0.pdfguidance |archive-date=6 March 2019 |url-status=live }}</ref> Becoming a British citizen has no effect on BOTC status; BOTCs may also simultaneously be British citizens.<ref>{{cite web sfn|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |title=Guide B(OTA): Registration as a British citizen |pagep=4 |date=March 2019 |publisher=[[Home Office]] |access-date=29 March 2019 |df=dmy-all |archive-url=https://web.archive.org/web/20190328215035/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |archive-date=28 March 2019 |url-status=live }}</ref>
 
=== Other nationality classes ===
{{Main|British Overseas citizen|British National (Overseas)|British subject|British protected person}}
 
It is generally not possible to acquire other forms of British nationality. British Overseas citizenship, British subjecthood, and British protected person status are only transferred by descent if an individual born to a parent holding one of these statuses would otherwise be stateless.<ref name="auto"/> British Overseas citizens retain their status by association with most former British colonies,{{sfn|Layton-Henry|2001|p=124}} British subjects are connected specifically with Ireland or British India before 1949,<ref{{sfn|Guide name="B(OTA)" />|p=4}} and British protected persons are associated with territories that were under British control but not formally incorporated as part of the British Empire.{{sfn|Jones|1945|p=124}} British National (Overseas) status was exclusively granted by voluntary registration to Hong Kong residents who had been British Dependent Territories citizens prior to the transfer of sovereignty to China in 1997 and cannot be newly acquired in any case.{{sfn|Sawyer|Wray|2014|p=12}} Noncitizen British nationals may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing ILR for more than one year.<ref{{sfn|Guide name="B(OTA)" />|p=4}}
 
=== Renunciation and restoration ===
Any type of British nationality can be renounced by making a declaration to the [[Home Secretary]], provided that the declarant possesses or intends to acquire another nationality.<ref>{{cite web |url=https://assets.publishing.servicewww.gov.uk/government/uploads/system/uploads/attachment_data/file/677713publications/renunciation-of-all-types-of-british-nationality-v3.pdfnationality-policy-guidance |title=Nationality policy: renunciation of all types of British nationality |version=3.0 |date=30 January 2018 |page=7 |publisher=[[UK Visas and Immigration]], [[Home Office]] |access-date=8 January 2019 |archive-url=https://web.archive.org/web/20190108200621/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/677713/renunciation-of-all-types-of-british-nationality-v3.pdf |archive-date=8 January 2019 |url-status=live }}</ref> Former British citizens or BOTCs may subsequently apply for nationality restoration. Applicants who had originally renounced their British nationality in order to retain or acquire another nationality are entitled to register as British citizens or BOTCs once. Any subsequent renunciation and application for restoration, or someone applying for restoration who originally renounced their British nationality for a reason unrelated to acquiring or retaining an alternate nationality, would be subject to the discretionary approval of the Home Secretary.<ref>{{cite web |url=https://assets.publishing.servicewww.gov.uk/government/uploadspublications/system/uploads/attachment_data/file/632943/registrationrenunciation-asof-abritish-Britishcitizenship-citizennationality-followingpolicy-renunciation-v1.0.pdf guidance|title=Registration as British citizen: following renunciation |version=12.0 |date=1421 July 2017 2023|page=5 |publisher=[[UK Visas and Immigration]], [[Home Office]] |access-date=21 April 2023 }}</ref><ref>{{cite web |url=https://assets.publishing.servicewww.gov.uk/government/uploads/system/uploads/attachment_data/file/633069publications/registration-as-BOTCa-botc-following-renunciation-v1.0.pdfnationality-policy-guidance |title=Registration as BOTC: following renunciation |version=12.0 |date=1421 July 2017 2023|page=4 |publisher=[[UK Visas and Immigration]], [[Home Office]] |access-date=21 April 2023 }}</ref>
 
===Automatic loss of British nationality===
Line 127 ⟶ 128:
 
===Deprivation of British nationality===
The British government does not publish the number of people it strips of citizenship, but independent research by a lawyer-run website, in 2022, found at least 464 people's citizenshipcitizenships waswere revoked in the last 15 years. <ref name=":0">{{Cite web|last=Taylor|first=Diane
|date=2022-01-21|title=Hundreds stripped of British citizenship in last 15 years, study finds|url=https://www.theguardian.com/uk-news/2022/jan/21/hundreds-stripped-british-citizenship-last-15-years-study-finds|access-date=2022-01-21|website=the[[The Guardian]]|language=en}}</ref>
 
After the [[Nationality, Immigration and Asylum Act 2002]] came into force British nationals could be deprived of their citizenship if and only if the Secretary of State was satisfied they were responsible for acts seriously prejudicial to the vital interests of the United Kingdom or an Overseas Territory.<ref>{{Cite journal|url=https://doi.org/10.1177/0261018316684507|title=The radicalisation of citizenship deprivation|first=Tufyal|last=Choudhury|date=1 May 2017|journal=[[Critical Social Policy]]|volume=37|issue=2|pages=225–244|via=SAGE Journals|doi=10.1177/0261018316684507|s2cid=152031005|url=https://dro.dur.ac.uk/20740/1/20740.pdf}}</ref>
 
This was extended under the [[Immigration, Asylum and Nationality Act 2006]]: people with dual nationality who are British nationals can be deprived of their British citizenship if the Secretary of State is satisfied that "deprivation is conducive to the public good",<ref name="matrix" /> or if nationality was obtained by means of fraud, false representation or concealment of a material fact.<ref>{{Cite webreport|author-link=David Anderson, Baron Anderson of Ipswich|url=https://assets.publishing.servicewww.gov.uk/government/uploadspublications/system/uploads/attachment_data/file/518120/David_Anderson_QC_citizenship-_CITIZENSHIP_REMOVAL__web_.pdfremoval-resulting-in-statelessness
|title=CITIZENSHIPCitizenship REMOVALremoval RESULTINGresulting INin STATELESSNESSstatelessness
|first1=David -|last1=Anderson FIRST REPORT OF THE INDEPENDENT REVIEWER ON THE OPERATION OF THE POWER TO REMOVE CITIZENSHIP OBTAINED BY NATURALISATION FROM PERSONS WHO HAVE NO OTHER CITIZENSHIP, DAVID ANDERSON Q.C.,|date=21 April 2016}}</ref> Between 2006 and the end of 2021 at least 464 people have had their citizenship removed by the government since the law was introduced.<ref name=":0" /> There is a right of appeal. This provision has been in force since 16 June 2006 when the Immigration, Nationality and Asylum Act 2006 (Commencement No. 1) Order 2006 brought it into force.<ref>{{cite web|url=https://www.legislation.gov.uk/uksi/2006/1497/contents/made |title=The Immigration, Asylum and Nationality Act 2006 (Commencement No. 1) Order 2006 |publisherwebsite=Opsi[[legislation.gov.uk]] |access-date=13 August 2010}}</ref> Loss of British nationality in this way applies also to dual nationals who are British by birth.<ref name="matrix">{{cite web|url=https://www.theguardian.com/world/2013/jul/14/obama-secret-kill-list-disposition-matrix|title=Obama's secret kill list – the disposition matrix|first=Ian |last=Cobain |author-link=Ian Cobain
|work=the[[The Guardian]]|date=14 July 2013 |access-date=2023-11-16}}</ref><ref>{{Cite web|url=https://www.gov.uk/guidance/appeal-to-the-special-immigration-appeals-commission|orig-date=13 November 2014|date=27 April 2020|title=Apply to the Special Immigration Appeals Commission|website=[[GOV.UK]] |author=HM Courts & Tribunals Service |author-link=HM Courts & Tribunals Service}}</ref> The Secretary of State may not deprive a person of British nationality, unless obtained by means of fraud, false representation or concealment of a material fact, if they are satisfied that the order would make a person stateless.{{efn|This was to give effect to article 8(1) of the 1961 [[Convention on the Reduction of Statelessness]].<ref>{{Cite web|url=https://www.supremecourt.uk/cases/uksc-2020-0157.html|title=R (on the application of Begum) (Respondent) v Secretary of State for the Home Department (Appellant)|website=[[Supreme -Court Theof Supremethe United CourtKingdom|first=The Supreme|last= Court|website=www.supremecourt.uk]]}}</ref>}}
 
This provision was again modified by the [[Immigration Act 2014]] so as not to require that a third country would actually grant nationality to a person; British nationality can be revoked if "the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory."<ref>{{cite web |url=https://www.legislation.gov.uk/ukpga/1981/61/section/40 |title=British Nationality Act 1981 |website=UK Government[[legislation.gov.uk]]|at=40(4A)(c)|access-date= 1716 November 20182023}}</ref>
 
The powers to strip citizenship were initially very rarely used. Between 2010 and 2015, 33 dual nationals had been deprived of their British citizenship.<ref name=obs7oc18/> In the two years to 2013 six people were deprived of citizenship; then in 2013, 18 people were deprived, increasing to 23 in 2014. In 2017, over 40 people had been deprived as of July (at this time increased numbers of British citizens went to join "[[Islamic State of Iraq and the Levant|Islamic State]]" and then tried to return).<ref>{{cite web |url=https://www.theguardian.com/books/2018/nov/17/unbecoming-british-kamila-shamsie-citizens-exile |title=Exiled: the disturbing story of a citizen made unBritish |newspaper=[[The Guardian]] |date=17 November 2018 |authorfirst=Kamila |last=Shamsie |access-date= 1716 November 20182023}}</ref>
 
The Home Office does not issue information on these cases and is resistant to answering questions,<ref name=matrix/> for example under the [[Freedom of Information Act 2000]].<ref>{{cite web|first=Kaihsu |last=Tai |last2=Bateman |first2=Linda|url=https://www.whatdotheyknow.com/request/deprivation_of_citizenship|title=Deprivation of citizenship|work=[[WhatDoTheyKnow]]|date=14 July – 18 August 2010}}</ref> It appears that the government usually waits until the person has left Britain, then sends a warning notice to their British home and signs a deprivation order a day or two later.<ref name=matrix/> Appeals are heard at the highly secretive [[Special Immigration Appeals Commission]] (SIAC), where the government can submit evidence that cannot be seen or challenged by the appellant.<ref name=matrix/>
 
Home Secretary [[Sajid Javid]] said in 2018 that until then deprivation of nationality had been restricted to "terrorists who are a threat to the country", but that he intended to extend it to "those who are convicted of the most grave criminal offences". The acting director of [[Liberty (advocacy group)|Liberty]] responded "The home secretary is taking us down a very dangerous road. ... making our criminals someone else's problem is ... the government washing its hands of its responsibilities ... Banishment belongs in the dark ages."<ref name=obs7oc18>{{cite web |url=https://www.theguardian.com/politics/2018/oct/07/sajid-javid-taking-uk-down-dangerous-road-by-expanding-citizenship-stripping |title=Sajid Javid 'taking UK down dangerous road' by expanding citizenship stripping |newspaper=[[The Observer]]|date= 7 October 2018 |authorfirst= Jamie |last=Grierson |access-date= 7 October 2018}}</ref>
 
A [[Nationality and Borders Bill]] was introduced to the [[British House of Commons]] in July 2021, sponsored by the Home Office under Home Secretary [[Priti Patel]].<ref>[{{cite web|url=https://bills.parliament.uk/bills/3023 |date=4 May 2022|title=Parliamentary Bills: Nationality and Borders Bill]Act Parliamentary.uk2022 |website=[[UK Parliament]]}}</ref> In November 2021, an amendment to the Bill was introduced which, if passed, would allow people to be deprived of British citizenship without being given notice. At the time the Home Office reiterated its position on citizenship: "British citizenship is a privilege, not a right".<ref name=privilege>{{Cite news |title=New bill quietly gives powers to remove British citizenship without notice |last=Siddique |first=Haroon |newspaper=[[The Guardian]] |date=17 November 2021 |url= https://www.theguardian.com/politics/2021/nov/17/new-bill-quietly-gives-powers-to-remove-british-citizenship-without-notice |quote=The Home Office said: 'British citizenship is a privilege, not a right. Deprivation of citizenship on conducive grounds is rightly reserved for those who pose a threat to the UK or whose conduct involves very high harm. The nationality and borders bill will amend the law so citizenship can be deprived where it is not practicable to give notice, for example if there is no way of communicating with the person.' }}</ref><ref name="ImmBill">{{Cite report|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/277578/Factsheet_15_Deprivation.pdf|title=Immigration Bill -, Fact Sheet: Deprivation of citizenship (clause 60)|author-link=Immigration Minister Mark Harper |last=Harper|first=Mark|publisher=UK [[Home Office]] |date=January 2014|access-date=27 November 2021|quote=British citizenship is a privilege, not a right}}</ref><ref name="Harper">{{Cite web |title=Tougher language requirements announced for British citizenship |author-link2=The Rt Hon Mark Harper MP |worklast2=Harper |first2=Mark |author1=Home Office|author-link1=Home Office|website=[[GOV.UK]] |date=8 April 2013 |access-date=27 November 2021 |url= https://www.gov.uk/government/news/tougher-language-requirements-announced-for-british-citizenship|quote=British citizenship is a privilege, not a right}}</ref>
{{See also|Anna Chapman|Shamima Begum|Statelessness}}
 
==British citizenship ceremonies==
[[File:British Citizenship ceremony 2005.jpg|thumb|right|A British citizenship ceremony in the [[London Borough of Tower Hamlets]], 2005.]]
From 1 January 2004, all new applicants for British citizenship by naturalisation or registration aged 18 or over if their application is successful must attend a citizenship ceremony and either make an affirmation or take an [[Oath of Allegiance (United Kingdom)|oath of allegiance]] to the monarch, and make a pledge to the UK.
 
Citizenship ceremonies are normally organised by:
* local councils in England, Scotland, and Wales
* the [[Northern Ireland Office]]
* the governments of the [[Isle of Man]], [[Jersey]] and [[Guernsey]]
Line 176 ⟶ 181:
=== Sources ===
{{refbegin|35em}}
* {{cite journal |last1=Bagnall |first1=Kate |last2=Sherratt |first2=Tim |title=Missing Links: Data Stories from the Archive of British Settler Colonial Citizenship |journal=[[Journal of World History]] |publisher=[[University of Hawaii Press]] |year=2021 |volume=32 |issue=2 |pages=281–300 |doi=10.1353/jwh.2021.0025 |doi-access=free |url=https://muse.jhu.edu/pub/5/article/794331/pdf }}
* {{cite journal |last=Baldwin |first=M. Page |title=Subject to Empire: Married Women and the British Nationality and Status of Aliens Act |journal=[[Journal of British Studies]] |date=October 2001 |volume=40 |issue=4 |pages=522–556 |publisher=[[University of Chicago Press]] |jstor=3070746 |doi=10.1086/386266 |pmid=18161209 |s2cid=5762190 }}
* {{cite book |last=Blackstone |first=William |author-link=William Blackstone |chapter=Of the People, Whether Aliens, Denizens, or Natives |title=Commentaries on the Laws of England |year=1765 |volume=1 |oclc= 747740286 |title-link=Commentaries on the Laws of England }}
* {{cite journal |last=Bloom |first=Tendayi |title=Contradictions in Formal Commonwealth Citizenship Rights in Commonwealth Countries |journal=[[The Round Table (journal)|The Round Table]] |publisher=[[Taylor & Francis]] |date=2011 |volume=100 |issue=417 |pages=639–654 |doi=10.1080/00358533.2011.633381 |s2cid=154726067 }}
Line 183 ⟶ 188:
* {{cite journal |last=Daly |first=Mary E. |title=Irish Nationality and Citizenship since 1922 |year=2001 |journal=Irish Historical Studies |publisher=[[Cambridge University Press]] |volume=32 |issue=127 |pages=377–407 |doi=10.1017/S0021121400015078 |jstor=30007221 |s2cid=159806730 }}
* {{cite letter |author=((Director, Immigration and Nationality Policy Directorate)) |recipient=[[Beverley Hughes]] and the [[Home Secretary]] |subject=British Overseas citizens – Nationality, Immigration and Asylum Bill |language=English |date=19 June 2002 |url=https://publications.parliament.uk/pa/ld200506/ldlwa/60503wa1.pdf |access-date=21 February 2019 |ref={{sfnref|INPD Letter on BOCs}}}}
* {{cite journal |last=Dixon |first=David |title=Thatcher's People: The British Nationality Act 1981 |journal=[[Journal of Law and Society |publisher=[[Wiley (publisher)|Wiley]] |year=1983 |volume=10 |issue=2 |pages=161–180 |jstor=1410230 |doi=10.2307/1410230 }}
* {{cite journal |last=Evans |first=J. M. |title=Immigration Act 1971 |journal=The [[Modern Law Review]] |year=1972 |volume=35 |issue=5 |pages=508–524 |jstor=1094478 |doi=10.1111/j.1468-2230.1972.tb02363.x }}
* {{cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |title=Guide B(OTA): Registration as a British citizen |date=March 2019 |publisher=[[Home Office]] |access-date=25 January 2022 |df=dmy-all |archive-url=https://web.archive.org/web/20190328215035/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |archive-date=28 March 2019 |url-status=live |ref={{sfnref|Guide B(OTA)}}}}
* {{cite journal |last=Hansen |first=Randall |title=The Politics of Citizenship in 1940s Britain: The British Nationality Act |journal=Twentieth Century British History |year=1999 |author-link=Randall Hansen |volume=10 |issue=1 |pages=67–95 |doi=10.1093/tcbh/10.1.67 }}
* {{cite journal |last=HeustonHansen |first=R.F.V.Randall |title=British NationalityThe andPolitics Irishof Citizenship |journal=Internationalin 1940s Britain: The British Nationality AffairsAct |publisherjournal=[[OxfordTwentieth UniversityCentury British PressHistory]] |year=19501999 |author-link=Randall Hansen |volume=2610 |issue=1 |pages=77–90 |jstor=301684167–95 |doi=10.23071093/3016841tcbh/10.1.67 }}
* {{cite journal |last=Heuston |first=R.F.V. |title=British Nationality and Irish Citizenship |journal=[[International Affairs (journal)|International Affairs]]|year=1950 |volume=26 |issue=1 |pages=77–90 |jstor=3016841 |doi=10.2307/3016841 }}
* {{cite report |title=Historical background information on nationality |version=1.0 |publisher=[[Home Office]] |format=PDF |date=21 July 2017 |url = https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/650994/Background-information-on-nationality-v1.0EXT.pdf |pages=23 |access-date=3 April 2019 |ref={{sfnref|Historical background information on nationality}} }}
* {{cite journal |last=Huttenback |first=R.A. |title=The British Empire as a "White Man's Country" – Racial Attitudes and Immigration Legislation in the Colonies of White Settlement |journal=[[Journal of British Studies]] |date=November 1973 |volume=13 |issue=1 |pages=108–137 |doi=10.1086/385652 |jstor=175372 |s2cid=143685923 }}
* {{cite journal |last=Jones |first=J. Mervyn |title=Who are British Protected Persons |journal=[[The British Yearbook of International Law]] |year=1945 |volume=22 |pages=122–145 |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/byrint22&div=8 |access-date=20 October 2021 |publisher=[[Oxford University Press]] |url-access=subscription |via=[[HeinOnline]] |archive-date=23 October 2021 |archive-url=https://web.archive.org/web/20211023065143/https://heinonline.org/HOL/LandingPage?handle=hein.journals%2Fbyrint22&div=8 |url-status=live }}
* {{cite book |last=Karatani |first=Rieko |date=2003 |title=Defining British Citizenship: Empire, Commonwealth and Modern Britain |url = https://books.google.com/books?id=acePAgAAQBAJ |publisher=[[Frank Cass Publishers]] |isbn=978-0-7146-8298-5 3}}
* {{cite journal |last=Kelly |first=James |title=The Origins of the Act of Union: An Examination of Unionist Opinion in Britain and Ireland, 1650-1800 |year=1987 |journal=Irish Historical Studies |publisher=[[Cambridge University Press]] |volume=25 |issue=99 |pages=236–263 |doi=10.1017/S0021121400026614 |jstor=30008541 |s2cid=159653339 }}
* {{cite book |editor-last=Kondo |editor-first=Atushi |title=Citizenship in a Global World |year=2001 |publisher=[[Palgrave Macmillan]] |doi=10.1057/9780333993880 |isbn=978-0-333-80266-3 }}
Line 196 ⟶ 202:
* {{cite journal |last=Lloyd |first=Trevor |title=Partition, within, Partition: The Irish Example |year=1998 |journal=International Journal |publisher=[[SAGE Publishing]] |volume=53 |issue=3 |pages=505–521 |doi=10.2307/40203326 |jstor=40203326 }}
* {{cite journal |last=Lowry |first=Donal |title=The captive dominion: imperial realities behind Irish diplomacy, 1922—49 |year=2008 |journal=Irish Historical Studies |publisher=[[Cambridge University Press]] |volume=36 |issue=142 |pages=202–226 |doi=10.1017/S0021121400007045 |jstor=20720274 |s2cid=159910307 }}
* {{cite journal |last=Mansergh |first=Nicholas |title=Ireland: The Republic Outside the Commonwealth |journal=[[International Affairs (journal)|International Affairs]] |publisher=[[Oxford University Press]] |year=1952 |volume=28 |issue=3 |pages=277–291 |doi=10.2307/2607413 |jstor=2607413 }}
* {{cite book |last=McMillan |first=Kate |date=2017 |chapter=Fairness and the borders around political community |editor-last=Hall |editor-first=David |title=Fair Borders?: Migration Policy in the Twenty-First Century |url = https://books.google.com/books?id=6VErDwAAQBAJ |publisher=Bridget Williams Books |doi=10.7810/9780947518851 |hdl=10289/11427 |isbn=9780947518851 }}
* {{cite book |last=Nugent |first=Neill |year=2017 |title=The Government and Politics of the European Union |edition=8th |publisher=[[Macmillan Publishers]] |isbn=978-1-137-45409-6 }}
* {{cite book |last=Paul |first=Kathleen |date=1997 |title=Whitewashing Britain: Race and Citizenship in the Postwar Era |url = https://books.google.com/books?id=7lhuDwAAQBAJ |publisher=[[Cornell University Press]] |isbn=978-0-8014-8440-7 }}
* {{cite journal |last=Price |first=Polly J. |title=Natural Law and Birthright Citizenship in Calvin's Case (1608) |journal=Yale Journal of Law & the Humanities |year=1997 |volume=9 |issue=1 |pages=73–145 |ssrn=3157386 |publisher=[[Yale University]]}}
* {{cite journal |last=Ryan |first=Bernard |title=The Common Travel Area between Britain and Ireland |journal=The [[Modern Law Review |publisher=[[Wiley (publisher)|Wiley]] |year=2001 |volume=64 |issue=6 |pages=855–874 |doi=10.1111/1468-2230.00356 |jstor=1097196 |url=https://kar.kent.ac.uk/234/1/Common_Travel_area.pdf |via=Kent Academic Repository ([[University of Kent]])}}
* {{cite report |last1=Sawyer |first1=Caroline |last2=Wray |first2=Helena |title=Country Report: United Kingdom |publisher=[[European University Institute]] |date=December 2014 |hdl=1814/33839 |hdl-access=free }}
* {{cite journal |last=Shah |first=Prakash |title=British Nationals under Community Law: The Kaur Case |journal=European Journal of Migration and Law |year=2001 |volume=3 |pages=271–278 |url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/ejml3&div=24 |access-date=19 March 2023 |publisher=[[Brill Publishers|Brill]] |url-access=subscription |via=[[HeinOnline]] }}
* {{cite journal |last=Siskind |first=Gregory |date=1992 |title=Freedom of Movement for Lawyers in the New Europe |journal=[[The International Lawyer]] |volume=26 |issue=4 |publisher=[[American Bar Association]] |pages=899–931 |jstor=40707010 }}
* {{cite report |title=Treaty rights passport applications |version=5.0 |location=United Kingdom |publisher=[[Home Office]] |date=12 November 2021 |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1039262/Treaty_rights_passport_applications__V5_.pdf |access-date=25 January 2022 |ref={{sfnref|Treaty rights passport applications}} }}
* {{cite book |last=Tobler |first=Christa |chapter=Free Movement of Persons in the EU v. in the EEA: of Effect-Related Homogeneity and a Reversed Polydor Principle |editor-last1=Cambien |editor-first1=Nathan |editor-last2=Kochenov |editor-first2=Dimitry |editor-last3=Muir |editor-first3=Elise |title=European Citizenship under Stress: Social Justice, Brexit and Other Challenges |date=2020 |pages=482–507 |publisher=[[Brill Publishers|Brill]] |jstor=10.1163/j.ctv2gjwnvm.25 |isbn=9789004422452 }}