国籍与公民法
英国公民身份、归化、剥夺公民身份和Windrush遗产问题。
简介
国籍法确定谁是英国公民以及公民身份的取得和丧失方式。
In Brief
British citizenship is governed by the British Nationality Act 1981. A person born in the UK after 1983 is automatically British only if a parent was a British citizen or settled (s.1 BNA 1981). Naturalisation requires 5 years' lawful residence (3 years if married to a British citizen), ILR for 12 months, passing the Life in the UK test, English language, and good character. The Home Secretary can deprive citizenship if conducive to the public good, provided it does not render the person stateless (s.40 BNA 1981).
核心原则
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.
关键法规
British Nationality Act 1981
Nationality and Borders Act 2022
重要判例
R (Begum) v Secretary of State
[2021] UKSC 7
常见情景
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.
Related Careers
Frequently Asked Questions
How do I apply for British citizenship by naturalisation?
To naturalise as a British citizen, you must hold ILR or settled status for at least 12 months (5 years for most routes), have been lawfully resident in the UK for 5 years (3 years if married to a British citizen), pass the Life in the UK test, meet the English language requirement, and be of good character. Apply using Form AN to the Home Office. Processing times vary; fees are over £1,000.
Can the government strip me of my British citizenship?
The Home Secretary can deprive a person of British citizenship under s.40 British Nationality Act 1981 if it is 'conducive to the public good' and would not render the person stateless. This power is most commonly used against those involved in terrorism or serious organised crime. The decision can be challenged by appeal. The Nationality and Borders Act 2022 extended the power to deprive in some cases even where it might render someone temporarily stateless.
What is the difference between British citizenship and the right to abode?
British citizenship gives the right of abode — the right to live in and freely enter and leave the United Kingdom (Immigration Act 1971, s.1). Some British nationals (e.g. British Overseas citizens, British Protected Persons) do not have the right of abode. Commonwealth citizens with a UK-born parent also had a right of abode under old rules. The right of abode is confirmed by a certificate (Form R(4)).
What is the Windrush scandal and what does it mean legally?
The Windrush scandal involved British subjects from Commonwealth countries (particularly the Caribbean) who had lawfully settled in the UK before 1973 being wrongly told they had no right to remain, losing jobs, being denied NHS treatment, and in some cases being deported. The Windrush Compensation Scheme (launched 2019) provides financial redress. The scandal highlighted the serious consequences of Home Office record-keeping failures and the hostile environment policy.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
Step-by-Step Guides
Know Your Rights
Get Professional Help