국적·시민권법
영국 시민권, 귀화, 시민권 박탈 및 윈드러시 유산.
소개
Nationality and citizenship law governs who is a British citizen, how citizenship is acquired, and how it can be lost. The British Nationality Act 1981 is the principal statute, defining categories including British citizen, British Overseas Territories citizen, and British Overseas citizen. Citizenship can be acquired by birth, descent, registration, or naturalisation. The Home Secretary has power to deprive a person of citizenship in certain circumstances, subject to judicial review.
핵심 원칙
Citizenship by Birth — A person born in the UK after 1 January 1983 is a British citizen only if at least one parent was a British citizen or settled in the UK (s.1 BNA 1981).
Naturalisation — Adults may apply if they meet residency, good character, language, and Life in the UK test requirements (s.6 BNA 1981).
Registration — Certain persons have a right to register as British citizens, including minors and persons born stateless.
Deprivation of Citizenship — The Home Secretary may deprive a person of citizenship if 'conducive to the public good' and would not render them stateless (s.40 BNA 1981).
Right of Abode — British citizens have the right to live in and come freely into and out of the UK (Immigration Act 1971, s.1).
Dual Nationality — The UK permits dual nationality.
핵심 법령
British Nationality Act 1981
Nationality and Borders Act 2022
주요 판례
R (Begum) v Secretary of State
[2021] UKSC 7
일반적인 시나리오
Applying for British citizenship
You must have held ILR for 12 months, meet the residency requirement, be of good character, pass the Life in the UK test, and meet the English language requirement.
Child born in the UK to non-British parents
The child is not automatically British but can register if a parent later settles, or at age 10 if they have lived continuously in the UK.