
This briefing was prepared by Fragomen LLP on a pro bono basis proposing an amendment to British nationality law in relation to the Chagossians - those born, or descended from those born, on the Chagos islands.
Henry Smith, the MP for Crawley, has committed to introducing an amendment at Report stage on this matter. He previously introduced a Private Members’ Bill in 2018 which had a similar (although slightly less ambitious) effect (I wrote about this before here). That Bill dropped out of the Parliamentary programme in 2019 when that session of Parliament was dissolved. Now, the Nationality and Borders Bill 2021 before Parliament gives an excellent opportunity to ask for the change that is needed. The Bill is currently before a Bill Committee; they have taken oral evidence, and will now begin line-by-line consideration of amendments in 2 weeks’ time on 19 October.
The principle of the amendment is simple: From the time of their exclusion from the Chagos, the Chagossians were being affected, and their descendants are still being affected, by the fact that they were outside of British territory. It meant that their children born outside of British territory (for example Mauritius or Seychelles) became British citizens by descent, and so their children in turn (the grandchildren of those born on the islands) are not (in general) regarded by nationality law as British citizens today. But the exclusion was not voluntary. The British government has said many times that the manner of removal was wrong and is regretted. The High Court has found in the case of Bancoult that the exclusion was ultra vires (unlawful). It is inappropriate for the nationality law consequences of that exclusion to still apply.
For a British nationality practitioner, there is much in the Bill that is welcome; the provisions to deal with the present-day effects of historic effects of legislative unfairness (for example gender discrimination) are an example. But this is a continuing wrong that needs to be righted.
Explore more at Fragomen
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.
Media mentions
Partner Bo Cooper explains the impact of wage‑weighted selection on H‑1B registration and compliance.
Media mentions
Partner K. Edward Raleigh highlights how recent H-1B changes are shaping employer compliance strategies.
Media mentions
Practice Leader Colm Collins explains that processing delays, shifting demand in information and communication technology (ICT) and renewal cycles contributed to last year’s drop in work permit approvals.
Media mentions
Partner Rick Lamanna examines current pressures on Canada’s immigration system, including processing delays, reduced admissions and policy uncertainty and the implications for applicants and employers.
Blog post
Manager Mihaela Dumitru outlines how Swiss authorities assess Employer of Record and body-leasing models, highlighting key compliance risks, licensing requirements and a regulatory update affecting EU and EFTA nationals effective 1 January 2026.

Media mentions
Partner Karolina Schiffter discusses how courts in Poland are reinforcing timely processing and constitutional protections for foreigners.
Blog post
Immigration Manager Alice Heron examines Ireland’s updated employment permit salary thresholds taking effect in March 2026, including the reintroduction of graduate-specific Minimum Annual Remuneration bands and what these changes mean for employers planning graduate recruitment in 2026 and 2027.
Media mentions
Partner Jill Bloom explains how the new wage-based H-1B selection rule may influence hiring decisions and prompt employers to reassess workforce planning and explore alternative visa options.
Media mentions
Partner K. Edward Raleigh discusses how companies are rethinking their H-1B strategies amid evolving policies.



