United Kingdom: New British Nationality Provisions Now Effective
June 30, 2022
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At a Glance
- On June 28, 2022, UK authorities implemented significant changes to British nationality law, resulting in broader access to citizenship for descendants of female citizens and unmarried fathers; EU/European Economic Area citizens; and descendants of eligible UK Commonwealth countries in the Caribbean (‘Windrush applicants’).
- The changes seek to correct current effects of historical legislative discrimination for these groups, as well as broaden post-Brexit residence options for EU citizens.
The situation
Several categories of applicants will now benefit from broader access to British citizenship based on significant changes to nationality law.
A closer look
Specifically, the following access options were introduced:
- Historic legislative discrimination. UK citizenship applicants who can demonstrate having missed an opportunity to obtain UK citizenship due to circumstances including historical gender discrimination and discrimination against children of unmarried fathers; are not required to pass an English language or civic integration test, and do not need to intend to relocate to the United Kingdom.
- Options for descendants of overseas citizens. Existing limited provisions dealing with historic legislative discrimination have also been extended to benefit those with ancestral connections to British Overseas Territories.
- Clarification for EU citizens. Under the new rules, the Home Office can approve naturalisation applications (for those seeking citizenship based on long-term residence) without checking whether any immigration law breaches occurred during prior residence (as previously was required).
- The new policy is expected to specifically benefit European Economic Area (EEA) citizens who were previously prevented from applying for citizenship for not holding comprehensive health insurance during their prior UK residence.
- Streamlined naturalisation for Windrush applicants. Under the new rules, the Home Office can approve applications for naturalisation for Windrush victims who were absent from the United Kingdom at the start of their qualifying period.
Impact
The new rules will provide broader access to British citizenship for those ineligible for prior exemptions addressing historical legislative discrimination.
Background
British citizenship legislation already included provisions to remedy historical discrimination against the children of British mothers, or children born to British fathers outside of marriage. The current changes seek to expand the scope of these provisions, e.g., to include those with connections to British overseas territories and to include the grandparental generation. The new provisions are intended to deal conclusively will all remaining historical discrimination issues in British nationality law and will significantly expand the number of potential applicants.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
