Document from a file from 1972 entitled ‘Amendment of British Nationality Act 1948 by the Immigration Act 1971’. Catalogue ref: FCO 53/269
The document sums up how the Immigration Act 1971 affects the registration for British citizenship.
British citizenship gives the right to live and work in the UK permanently, without any immigration restrictions, and the right to obtain a UK passport. It can contribute to a sense of identity and belonging and allows a person to participate in the political life of a community and country.
Until 1948, people described as ‘British Subjects’ were people with a close connection to the UK who lived in the UK or overseas. The British Nationality Act 1948 created the status of a ‘Citizen of the UK and Colonies’ [CUKC] who were also British subjects. When the colonies became independent from the late 1950s onwards, these citizens were no longer CUKCs but retained the status of British subjects and with it the right to abode. They are also called Commonwealth Citizens.
From the 1960s, some CUKCs and British Subjects began to lose their right to abode. The Immigration Act of 1971 introduced the term ‘patrial’. This meant a person who had the right to live in the UK through the British birth of a parent or grandparent. The 1971 Act classified people as ‘patrials and non-patrials’.
- Find out the terms of the Immigration Act of 1971.
- According to this government summary, under what terms could immigrants register to become British citizens?
- What powers does the Secretary of State have if a person applies to register for citizenship?
Transcript
HOME OFFICE
THE EFFECT OF THE IMMIGRATION ACT 1971 ON REGISTRATION AS
A CITIZEN OF THE UNITED KINGDOM AND COLONIES
- The Immigration Act 1971 contains some provisions relating to nationality which will come into force on the day appointed by the Secretary of State. This leaflet explains the broad effect of these provisions. The Act provides that some people will still have an entitlement to registration (see paragraphs 2,3, 4, and 6 below while others may in the future be registered at the discretion of the Secretary of State (see paragraph 7).
ENTITLEMENT TO REGISTRATION FOR COMMONWEALTH CITIZENS/BRITISH SUBJECTS AND IRISH CITIZENS WHO ARE ALREADY SETTLED IN THE UNITED KINGDOM
- After the Act has come into force an applicant for registration on the basis of ordinary residence in the United Kingdom will have an entitlement to registration only if he can satisfy the Secretary of State that on the date the Act came into force, and at all times since, and throughout the 5 years ending with the date of his application, he was lawfully ordinarily resident in the United Kingdom without being subject to any restrictions on the period for which he might remain. A person who is the subject of a recommendation for deportation, or who has been given notice of a decision to make a deportation order in respect of him will not be entitled to be registered.
- Thus, a person of full age (18 years of over) who has been lawfully ordinarily resident here and free of conditions since before coming into force of the Act (provided he has not been recommended for deportation or given notice that a deportation order is to be in respect of him) will have an entitlement to registration once he has completed 5 year’s ordinary residence free of conditions.
- A person who satisfies the conditions set out in the paragraph 2 will have a continuing entitlement to registration so long as he remains ordinarily resident in the United Kingdom. There is no need for him to make application for registration before the Act comes into force simply in order to preserve his entitlement
- Crown service will no longer be a qualification for entitlement to registration unless the applicant is patrial (see paragraph 9), but person will be able to apply on the basis of Crown service for the registration at the Secretary of State’s discretion. (see paragraph 7.)
ENTITLEMENT TO REGISTRATION FOR COMMONWEALTH CITIZENS/BRITISH SUBJECTS WHO ARE PATRIAL UNDER THE ACT
- A person of full age who is a Commonwealth citizen/British subject will have an entitlement to registration after completing 5 years’ ordinary residence or relevant employment (see note overleaf) or in the special circumstance of a particular case, after a shorter period, if he can satisfy the Secretary of State that-
- He is patrial within the meaning of section 2 (1) (d) of the Immigration Act, is that “he is a Commonwealth citizen born to or legally adopted (see note B) by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or in any of the Islands” (that is to say the Channel Islands and Isle of Man)
- In the case of a woman, she is patrial under section 2(2) of the Act by virtue of her marriage to a person who is patrial under section 2(1) (d)
It should be noted that this provision does not apply to citizens of the Irish Republic.
REGISTRATION AT THE DISCRETION OF THE SECRETARY OF STATE
- A person of full age who is a Commonwealth citizen/British subject, or a citizen of the Irish Republic, but who cannot fulfil the conditions set out in paragraphs 2 and 6 will be able to apply for registration at the discretion of the Secretary of State after completing at least 5 years ordinary residence (see note C) or relevant employment (see note A) or partly the one and partly the other, (or, in the special circumstances of a particular case, after a shorter period provided-
- He is of good character
- He has sufficient knowledge of the English or Welsh language (see note D) and
- He intends, if registration is granted, to reside in the United Kingdom or a colony or protectorate (see note E) or to enter into or continue in relevant employment (see notes A and F)
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