Section 5 of the 1948 act provides insofar as relevant as follows. British nationality act 1948 1 two primary categories of citizenship with equal rights citizens of uk and colonies, citizens of independent commonwealth countries. 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 cukc as the national citizenship of the united kingdom and its colonies. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. British nationality act, 1948 69 the act abandons common status by repealing from january 1, 1949, the british nationality act, 1914,6 except ss. There are currently no known outstanding effects for the british nationality act 1948. Gave all commonwealth citizens the right to live in britain.
Subject to the provisions of the next following paragraph, the. British protected person means a person who is a british protected person for the purposes of the british nationality acts 1948 to 1965 uk. According to the 1981 british nationality act in section 4. This was followed in 1980 by a white paper containing the governments specific plans for change. It is not traditionally considered a form of british nationalityas british protected persons are not commonwealth citizens in british nationality law, they do not have full civil rights in the united kingdom. The quota called for no more than a 2% increase in the number of immigrants from countries that already had established citizens in the usa. The record establishes that the applicant was born in the philippine islands, a foreign state, on january 11, 1958. However, commonwealth immigration generated hostility out of all proportion to its size, especially during times of economic downturn. The nationality act 19201936, as amended by this act, may be cited as the nationality act 19201946. The immigration, asylum and nationality act 2006 places a legal responsibility on employers to only recruit new staff from those eligible to work in the united kingdom. Interpretation 1 in this act alien means a person who is not a commonwealth citizen or a british protected person. In 1977, a green paper was produced outlining options for reform of the nationality code.
After section eighteen a of the nationality act 19201936 the following section is inserted. Clarify british passport and citizenship nder section 32. Coming to power after an unexpected victory in the july 1945 general elections, it was the labour party that as early as 1948 passed the british nationality act 1948. I was born in hk but emigrated to the uk with my parents when i was 2y. Other articles where nationalities law is discussed. Ship on which jamaican immigrants were photographed arriving in britain in 1948. The qualifications for naturalisation of a british protected person who. The british nationality act 1948 established the status of citizen of the united kingdom and colonies cukc, the national citizenship of the united kingdom and those places that were still british colonies on 1 january 1949, when the 1948 act came into force. Marxist lenin 1st journal marxists internet archive. July 1980 on british nationality and the previous labour governments green paper of april 1977. Loss of british subject as a minor under act of 1915 to 1948. The foregoing provisions of this schedule shall, in their application.
British nationality bill lords hansard, 7 july 1948 search help. In the mid1970s the british government decided to update the nationality code, which had been significantly amended since the british nationality act 1948 came into force on 1 january 1949. In 1977, a green paper was produced by the labour government outlining options for reform of the nationality code. The effect of this legislation gave citizens of commonwealth of nations countries including the republic of. This act shall commence on a date to be fixed by proclamation. The british nationality act, 1914 extent of repeal. When he was born, the british nationality act 1948 prevented his mother from passing her u.
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 nationalities law 1868 guaranteed that all citizens of hungary, whatever their nationality, constituted politically a single nation, the indivisible, unitary hungarian nation, and there could be no differentiation between them except in respect of the official usage of the current. My wife and i are hong kong born british citizens, however. This act may be cited as the nationality and citizenship act 1948. Under section 5 of the act, only fathers could pass their citizenship onto their children. Right of abode you will have become a british citizen on 1 jan 1983the date on which the british nationality act 1981 came into force and so will have the right of abode in the uk if, immediately before that date, any of the following apply to you. British nationality act 1948 optional protocol to cedaw. Similar provision to section 5 of the 1948 act was made for those born between 1915 and 1948 by virtue of section 1bv of the 1914 act as amended by the british nationality and status of aliens act 1922 and section 12b of the british nationality and status of aliens act 1943.
Hansard 18032005 1940s 1948 may 1948 11 may 1948 lords sitting british nationality bill. The national archives exhibitions citizenship brave. Revised legislation carried on this site may not be fully up to date. Commonwealth country means malawi, any other country for the time being included in the. That act will then cease to be part of the law of the united kingdom and the colonial empire. 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. Annex 1 103 a n n e x 1 u n i v e r s a l d e c l a r a t i o n o f h u m a n r i g h t s 1 9 4 8 a t he plain language version is given only as a guide. Hansard 18032005 1940s 1948 july 1948 7 july 1948 commons sitting orders of the day. A general guide to the british nationality selection scheme. British nationality bill lords hansard, 7 july 1948. Colonies in the united kingdom or in a country which at the time was mentioned in section of the 1948.
However, until the early 1960s there was little difference, if any, in united kingdom. This was followed in 1980 by a white paper by the conservative government. The act, which came into effect on 1 january 1949, was passed in consequence of the 1947 commonwealth conference on nationality and citizenship, which had agreed that each of the commonwealth member states would legislate for its own citizenship, distinct from the shared status of commonwealth citizen formerly known as british subject. One important example is that both the australian and new zealand governments have amended the british nationality act to provide, in effect. We stayed for nearly 8 years and i received my certificate of registration as a british citizen under the 1981 british nationality act. The united states immigration and nationality act of 1952, also known as the mccarranwalter act, upheld the national quota system put in place by the immigration act of 1924. This act shall come into operation on a date to be fixed by proclamation. Overview west indian immigrant family, brixton, london. The acts specified in the first schedule to this act are repealed. Applying the theory of the jus sanguinis, the nationality act of 1940 goes far beyond the act of february 2, 1855,6 and the act of may 24, 1934. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team.
Access essential accompanying documents and information for this legislation item from this tab. 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 cukc as the national citizenship of the united kingdom and its colonies the act, which came into effect on 1 january 1949, was passed in consequence of the 1947 commonwealth conference on nationality and citizenship. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Federal register of legislation australian government. Immigration and britain, 193975 flashcards quizlet. The secretary of state may if in the special circumstances. This act may be cited as the mauritius citizenship act. The nationality act of 1940 is hereby amended by inserting therein a new section immediately following section 316, to be known as section 316a. British nationality and status of aliens act, 1914, by the government of a country mentioned in subsection 3 of section one of the principal act, as originally enacted. Fn1 words repealed by nationality, immigration and asylum act 2002 c. Clarify british passport and citizenship nder section 3 post by secret. Kingdom and colonies in the united kingdom or in a country which at the time was mentioned in section of the 1948 act.
A person born of alien parents in a foreign country, who entered the united states as a. British nationality acts 1948 to 1964 may be cited as the british nationality acts 1948 to 1965. Dependent on the legislation item being viewed this may include. The status of british protected person bpp is a status held by certain persons under the british nationality act 1981. My wife and i are hong kong born british citizens, however we both qualified for british citizenship differently.
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