The british government, in introducing the british nationality act, tried to justify it by reference to the anomalous character of the existing citizenship law the british nationality act 1948. The british nationality act article pdf available in twentieth century british history 101. British nationality and new zealand citizenship nothing in this act or in the constitution shall affect the status of any person as a british subject or new zealand citizen by virtue of the british nationality and new zealand citizenship act 1948. In 1958 the act was amended so that naturalisation could only be revoked if obtained by fraud. Changes to legislation revised legislation carried on this site may not be fully up to date. Deprivation of british citizenship and withdrawal of. The british nationality act of 1948 conferred the status of british citizen on all commonwealth subjects and recognised their right to work and settle in the uk and to bring their families with them. This prevented a naturalised person being stripped of citizenship and deported. This was replicated in the british nationality act 1981, section 403 of which originally provided that the secretary of state could deprive a person of their british citizenship if that person. British protected person means a person who is a british protected person for the purpose of the british nationality act, 1948, of the united kingdom. British nationality act 1981, intended that british citizenship would be theirs.
The term commonwealth citizen, used for the first time in 1948, designated the vestigial connection of colonies to empire. Subject to the provisions of this section, every person citizenship born within the united kingdom and colonies after the com. Family members arrived later, particularly when it became apparent just prior to the commonwealth immigrants act 1962 see below that migration policy was tightening. Bna 1948 ia 1971 form next action observations type of service required if you have one you should submit your previous british passport with this application. British citizenship and that the constitutional imperative referred to in re canavan is engaged. The 1948 act provided citizens of all commonwealth countries equal rights to enter, settle and work in britain. Department of immigration bermudian status application form. The british nationality act of 1981 ended centuries of commonlaw tradition by removing the automatic right. The 1995 south african citizenship act revoked the previous union of south africa act of 1949 which replaced the british nationality act and apartheidera 1970 act, the 1970 act had established. British nationality act of 1948 natural born citizen a.
Under section 5, when obama was born in 1961 in hawaii or some other place, he automatically became a british citizen by descent from his father who was a british citizen under section 4. 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. While citizens have certain rights and duties, the. Chapter 163 british nationality act 1948 local provisions 1st october, 1949 1. That act will then cease to be part of the law of the united kingdom and the colonial empire. In spite of the fact that the 1981 act repealed most of the provisions of 1948 act and the nationality clauses in subsequent independence acts, the acquisition of new categories of british nationality created by the 1981 act was often dependent on nationality status prior to 1 january 1983, the date the 1981 act came into effect, so many of the. Pdf the article examines the enactment of the british nationality act, 1948. The british nationality act 1948 was an act of the parliament of the united kingdom that created the status of citizen of the united kingdom and colonies. Under the act those who naturalised would become citizens of the united kingdom and colonies cukcs which was the predecessor to british citizenship as introduced by the british nationality act 1981. Marxist lenin 1st journal marxists internet archive. Under the british nationality act of 1948, obamas father became a british citizen under section 4 by being born on the soil of an english colony, kenya. The republic of south africa rewrote its nationality law after the end of apartheid in 1994 and the establishment of majority rule in the country under the newlyelected african national congress. British nationality act 1948 the british nationality act 1948 was. Coat of arms of the united kingdom british nationality law is the law of the united kingdom that concerns citizenship and other categories of british nationality.
British nationality and status of aliens act 1918 5. Based on a comprehensive survey of citizenship and nationality laws of the countries of the world, this report presents information on the laws of those countries that allow acquisition of citizenship based on the fact of ones birth in the territory of the country jus soli, or birthright citizenship. British citizens, british overseas territories citizens, british overseas citizens. Section 20 of the british nationality act 1948 as amended bna 1948. This act may be cited as the jamaican nationality shortfib. This act may be cited as the british nationality act, 1948, local provisions act. This act may be cited as the nationality and citizenship act 1948. The jamaica independence act, 1962 ministry of justice.
Be it enacted by the kings most excellent majesty, the senate, and the house of representatives of the commonwealth of australia, as follows. In the supreme court of bermuda government of bermuda. The conservative era from 1979 to 1997, policy continued on much the same track, albeit with a stronger emphasis on limitation and restriction. The national archives exhibitions citizenship brave. Every person who under this act is a citizen of the united kingdom and. Relating to british nationality and australian citizenship. The 1948 act remained largely unchanged from enactment to repeal. British nationality and status of aliens act 1922 6. British law relating to renunciation senator gallagher acquired the status of a citizen of the united kingdom and colonies cukc by descent at her birth by reason of s 5 of the british nationality act 1948 uk. The home office fee impedes this and in some cases nullifies it. Under section 4 of the british nationality act, 1948 the 1948 act she was a citizen of the united kingdom and colonies by birth. July 1980 on british nationality and the previous labour governments green paper of april 1977.
Ship on which jamaican immigrants were photographed arriving in britain in 1948. Full report, original format pdf, 405kb map pdf, 2417kb. In order to establish a claim to british citizenship you must see documents which. Although there have been several amendments to the 1971 act in the intervening years, the principal british nationality law today is the british nationality act 1981, which established the current system of multiple categories of british nationality, viz. British nationality law historipedia official wiki fandom. The applicants, mr and mrs tavares, are husband and wife. Immigration and britain, 193975 flashcards quizlet. An act to make provision for british nationality and for citizenship of the. The legislation created a legal statuscitizenship of the uk and. Provided that nothing in this subsection shall apply to the contravention of any provision of the merchant shipping acts, 1894 to 1948. Umali also signs all official documents for her children, even those who are adults. Briefing westminster debate children citizenship fee. There are currently no known outstanding effects for the british nationality act 1948. British citizens or british overseas citizens under the british.
Nationality act 1981 was set out in the british nationality act 1948. In 1948, following the redefinition of canadas nationality laws in 1946 and the changing nature of the commonwealth, parliament passed the british nationality act in an attempt to clarify british subject status and reassert britains preeminent role within the commonwealth. British nationality act, 1948 69 the act abandons common status by repealing from january 1, 1949, the british nationality act, 1914,6 except ss. Commonwealth citizen means a person who has the status of a commonwealth citizen under the british nationality act, 1948 british protected person means a. Between the british nationality acts of 1948 and 1981 the new form of status was that of a citizen of the united kingdom and colonies. Kingdom and colonies under section 124 of the british nationality act 1948, or as.
Furthermore, bloch 2002 holds the view that the 1948 british nationality act has given a room for migrants from the british colonial subjects bloch, 2002. Had obtained their citizenship by fraud, false representation or. The evidence foreign, dominion and colonial documents act, 1933. Gave all commonwealth citizens the right to live in britain. British nationality act 1948 optional protocol to cedaw. Stateless persons, eligible citizens and protected places. Overview west indian immigrant family, brixton, london.
573 2 908 1181 1311 257 313 1579 1277 43 1554 536 299 1044 728 1267 1043 785 120 1122 111 6 456 624 1048 425 406 78 47 640 689 434 767 695