All Articles: Nationality

Worker Registration Scheme causing problems with British citizenship for some children

Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the Guardian has learned. The affected families come from countries including Poland and the Czech ...

1st July 2016 By

Is the UK Government selling British passports?

A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an inv ...

24th February 2016 By

Refusal and revocation of British citizenship for dishonest conduct

In another reminder that British citizenship can be refused on the basis of past dishonest conduct we have the case of R (on the application of Rushiti & Anor) v Secretary of State for the Home Department [2014] EWHC 3931 (Admin). This one dates ...

18th January 2016 By

Are the latest nationality regulations lawful in requiring permanent residence cards for EU citizens?

As was reported on Free Movement last month, the British Nationality (General) (Amendment No. 3) Regulations 2015, have made it harder for persons with an EU law-based right of permanent residence to naturalise as British citizens. That is the consequ ...

18th December 2015 By

Refusal of citizenship to wife and children of Islamist extremist declared unlawful

The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist relying on the residual discretion to refuse to naturalise a person imparted by the use of the word “ ...

8th December 2015 By

Approach of Home Office to nationality case “astonishing and grotesque” rules High Court

My colleague Adrian Berry has done an excellent write up of one of his cases over on his blog that I can heavily recommend as reading: British Citizenship by Descent:Trial and Error. The case is R (Bondada) v Secretary of State for the Home Departme ...

16th October 2015 By

Proving paternity in British nationality law: rule change on effect of birth certificates

Being named as father on birth certificate will in future no longer be sufficient to prove paternity in British nationality law where the parents are unmarried. The change is introduced by the British Nationality (Proof of Paternity) (Amendment) Reg ...

1st September 2015 By

Refusal of a child’s British citizenship application on character grounds overturned

The High Court has overturned the refusal on character grounds by the Home Office of a British citizenship application by a migrant child. Karon Monaghan QC sitting as a Deputy Judge of the High Court held that the Secretary of State had acted unlawfu ...

12th June 2015 By

Supreme Court Backs Government Rejection of Statelessness Claim

Rather than write my own detailed piece on the Supreme Court’s judgment in Pham v Secretary of State for the Home Department [2015] UKSC 19 I’m mainly going to refer you an excellent piece by Simon Cox on the Open Societies Foundation webs ...

1st April 2015 By

Tightening of British citizenship rules not aimed at refugees

James Brokenshire, until the dissolution of Parliament last week the Minister of Immigration [EDIT: I am reliably informed that he is still the Minister – thanks go to Alison Harvey!], has confirmed that the recent tightening of policy on granti ...

30th March 2015 By

Hundreds of children refused British citizenship on character grounds

A Freedom of Information request has revealed that 415 children aged 10-18 have been refused British citizenship on character grounds. The power to refuse citizenship on character grounds was controversially extended from adults to children as young a ...

26th January 2015 By

Good character citizenship criteria quietly tightened up

The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I thought it useful to flag up – and many thanks to Alex Moran for point it out. A number of undesirab ...

8th January 2015 By

Statelessness, deprivation of nationality, and EU Citizenship…what is B2 in the Supreme Court really all about?

Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related ‘evil of statelessness’ (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Cou ...

26th November 2014 By

Right to citizenship? Supreme Court to decide

The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international law and in which the Secretary of State’s power under section 40 (2) of ...

18th November 2014 By

Dual citizenship and Scottish independence

Coming back from my break and looking through various updates, I was struck by a series of articles on citizenship and nationality laws in the event of Scottish independence following the vote this Thursday. Some of these seem to me fundamentally to ...

15th September 2014 By

Immigration Act 2014: removals and nationality provisions

This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from a seminar given by Colin Yeo, Sadat Sayeed, Mark Symes and I at Garden Court Chambers on 13 August 2014, a ...

18th August 2014 By

Discretionary registration of children as British

In the case of R (on the application of FI) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) the court was asked to review a decision to refuse to register as a British citizen a 14-year-old who had been settled with Indefini ...

14th July 2014 By

Iranian conscript refugee denied British citizenship

Born just before the revolution in 1978, a man known only as DA grew up an orphan in Iran. He understood that his father had been tortured for his political beliefs and he was raised by his older siblings. When the time came for his compulsory militar ...

29th May 2014 By

Good character and applications for citizenship

In Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) the Administrative Court found for the Claimant in an application for Judicial Review of the Secretary of State’s decision to refuse naturalisation on grounds of ‘good ch ...

4th March 2014 By

Citizenship is a privilege not a right say Mark Harper and Judge Dredd

"Citizenship is a privilege not a right." So say both Judge Dredd and Immigration Minister Mark Harper. As has been pointed out, the UK government is now literally getting its immigration policy from Judge Dredd. ...

1st February 2014 By

Amendment to Immigration Bill allows Home Secretary to make people stateless

Only yesterday, the day before the debate on the third reading of her Immigration Bill, the Home Secretary published a proposed amendment to the Bill whereby she will be able to deprive a person of British citizenship acquired by naturalisation even i ...

30th January 2014 By

Al-Jedda, “statelessness” and the meaning of words

The judgment in Secretary of State for the Home Department v Al-Jedda [2013] UKSC 62 was handed down this month.  It is the latest in a series of higher court decisions on the issue of deprivation of citizenship and the first to reach the Supreme Cou ...

25th October 2013 By

Is Edward Snowden stateless?

I can keep this fairly short: ‘no’. In his Wikileaks statement Edward Snowden says that the US government “has unilaterally revoked my passport, leaving me a stateless person” This is a common misconception. A passport is evide ...

2nd July 2013 By

Home Secretary Succeeds in Terror Suspect Citizenship Deprivation Appeal

The Court of Appeal (CA) has in the case of B2 v Secretary of State for the Home Department [2013] EWCA Civ 616 (24 May 2013) allowed the Home Secretary (SSHD) to deprive a British-Vietnamese dual national of British citizenship following his allege ...

7th June 2013 By