https://nationalityandcitizenshiplaw.com/2025/11/06/deprivation-of-citizenship-on-fraud-grounds-after-onuzi/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/11/onuzi-e1762421464576.jpgOnuziOnuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337, Court of Appeal (judgement handed down 21 October 2025), is yet another case where the lack of detail in the British Nationality Act 1981 (1981 Act) as to how tribunals should consider appeals in citizenship deprivation cases has led to further consideration by Senior Courts.2025-11-06T12:22:01+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2024/06/03/the-british-nationality-irish-citizens-act-2024/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2024/06/ireland.jpgThe British Nationality (Irish Citizens) Act 2024The British Nationality (Irish Citizens) Act 2024 received Royal Assent on 24 May 2024. It provides for a new mode of acquisition of British citizenship for Irish citizens resident in the United Kingdom. It provides for registration by entitlement as a British citizen on application. In so doing, it eases the route to British citizenship as it has fewer of the requirements imposed on those seeking to naturalise as British citizens under the British Nationality Act 1981. 2025-11-03T07:55:47+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2025/11/03/the-deprivation-of-citizenship-orders-effect-during-appeal-act-2025/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/11/img_2722-e1762156020187.jpgThe Deprivation of Citizenship Orders (Effect during Appeal) Act 2025The Deprivation of Citizenship (Effect during Appeal) Act 2025 received the Royal Assent on 27 October 2025 and came into force the same day. It had been introduced in the House of Commons on 19 June 2025. It is a slight thing, with two sections, designed to rectify what the Government considers an unintentional consequence of the Supreme Court’s judgment in N3(ZA) v Secretary of State for the Home Department [2025] UKSC 6. 2025-11-03T07:50:52+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2024/03/27/who-really-belongs-the-act-of-settlement-and-british-nationality-law/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2024/03/img_1724-1243800113-e1711531692693.jpgWho Really Belongs? The Act of Settlement and British Nationality LawIn the UK it can hard to find constitutional rules and principles. One must rummage among statutes or pan for gold in the silt of common law cases. Even during periods of their quiet enjoyment of British nationality, not all British nationals have been treated equally. Further, the question of who belongs to the UK may be both narrower that the class of British nationals in some cases and broader in others. The Act of Settlement provides an illustration. Among other things,,it provides the root of the current provision as to who is eligible to be an MP today.2025-08-27T08:19:58+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2025/06/27/briefing-for-the-immigration-law-practitioners-association-the-deprivation-of-citizenship-orders-effect-during-appeal-bill/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/06/depcitpic.jpgBriefing of the Immigration Law Practitioners’ Association: The Deprivation of Citizenship Orders (Effect during Appeal) BillBriefing of the Immigration Law Practitioners’ Association: The Deprivation of Citizenship Orders (Effect during Appeal) Bill 2025-06-27T14:39:40+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2025/06/23/earned-settlement-and-citizenship-the-pursuit-of-virtue-in-the-white-paper-restoring-control-over-the-immigration-system/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/06/earnedcitizenship-e1750663612931.jpgEarned citizenshipEarned Settlement and Citizenship: The pursuit of virtue in the White Paper Restoring Control over the Immigration System 2025-06-27T13:19:45+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2025/02/10/deprivation-of-citizenship-on-conduct-grounds-procedural-fairness-discretion-and-post-decision-review-after-kolicaj/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/02/kolicaj.jpgDeprivation of citizenship on conduct grounds: procedural fairness, discretion, and post-decision review after KolicajThe recent decision of Secretary of State for the Home Department v Kolicaj contains a welcome re-statement by the Court of Appeal of the importance of procedural fairness and the right to make representations before facing the consequences of a British citizenship deprivation decision. 2025-02-10T08:21:25+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2025/01/22/deprivation-of-british-citizenship-on-grounds-of-fraud-the-test-on-appeal-after-chaudhry/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/01/deprivation-e1737539644424.jpgDeprivation of British Citizenship on Grounds of Fraud: The test on appeal after ChaudhryThere is a right of appeal to the First-tier Tribunal when a person is deprived of British citizenship on grounds of it being acquired by means of fraud. But what are the correct tests to apply on appeal? In the case of Chaudhry v Secretary of State for the Home Department the Court of Appeal settles this issue2025-02-03T07:49:32+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2025/02/03/discretion-and-policy-deprivation-of-british-citizenship-on-fraud-grounds-after-daci/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2025/02/daci.jpgDiscretion and policy: Deprivation of British citizenship on fraud grounds after DaciWhat constitutes sufficient reasons for the Secretary of State to exercise discretion to deprive a person of British citizenship acquired by fraud, misrepresentation, or concealment of a material fact? Parliament has provided that the mere establishment of fraud is insufficient for the Secretary of State to deprive; in addition, she must exercise discretion. In a connected question, how ought such matters to be considered on appeal to the First-tier Tribunal? 2025-02-03T07:48:38+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2024/07/27/grants-of-british-nationality-under-the-illegal-migration-act-2023-a-change-of-direction-by-the-new-labour-government/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2024/07/img_0448-2939474080-e1722075524200.jpgGrants of British nationality under the Illegal Migration Act 2023: a change of direction by the new Labour governmentThe Illegal Migration Act 2023, enacted under the last Conservative government of Prime Minister Sunak, has as its focus the removal of persons who arrived in or entered into the United Kingdom without leave (permission). While the Act’s principal duty to remove such persons was not brought into force, other provisions buttressing its purpose were commenced. Among them were provisions to restrict the grant of lawful status and, less noticed, to restrict the grant of British nationality. Happily, the new Labour government has drawn the sting from the offending restrictions on the grant of lawful status provisions and the grant of British nationality by amending the Act by regulations. 2024-07-27T10:21:17+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2024/07/16/british-nationality-law-in-family-court-proceedings-confusion-and-resolution-in-bd-v-london-borough-of-barnet-2024-ewfc-159/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2024/07/img_0411.jpgBritish Nationality law in Family Court proceedings: Confusion and Resolution in BD v London Borough of Barnet [2024] EWFC 159Seeking British citizenship for a child without status, who is subject to family public law proceedings, involves a process in which confusion and misunderstanding easily arises. In such proceedings, the issue of securing support for a grant of British citizenship by the Secretary of State for the Home Department may at large and may be muddled up with questions concerning the issue of the child’s immigration status and a grant of leave to remain or the issue of a child’s need for a passport or other travel document. 2024-07-16T10:16:55+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2023/05/25/new-british-nationality-regularisation-of-past-practice-bill-confirms-status-of-uk-born-children-of-eu-citizens/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2023/05/img_7103.jpgNew British Nationality (Regularisation of Past Practice) Bill confirms status of UK-born children of EU CitizensThere is to be a new British Nationality Act. A short one. Two sections, with one purpose: to make fast in law certain past practice. On 24 May 2023 the Home Office introduced the British Nationality (Regularisation of Past Practice) Bill into the House of Commons. The Bill confirms what had been thought by many - though not all – persons interested to be the correct legal position, and what had been also Home Office practice, as regards children born in the UK between 1 January 1983 and 1 October 2000 to an EEA national or Swiss national parent. 2023-05-25T07:47:31+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2023/05/03/the-homage-of-the-people-to-charles-iii-allegiance-in-british-nationality-law/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2023/05/corry2-2225699805-e1683096755785.jpgThe Homage of the People to Charles III: Allegiance in British Nationality LawIn the Church of England liturgy for the Coronation of King Charles III on 6 May 2023 provision has been made for the Homage of the People. It looks much like the oath of allegiance taken when an adult person becomes a British citizen under the British Nationality Act 1981. Both the liturgical Homage and statutory British citizenship oath deploy a sworn act of allegiance. In the former, it is performed by those who already belong to a notional community and will remain so after paying homage (‘all persons of goodwill’); in the latter it is performed by those who seek to join those who belong to the United Kingdom by virtue to possessing its principal legal mode of attachment: British citizenship. Why is swearing allegiance used in these two different ways? https://nationalityandcitizenshiplaw.com/wp-content/uploads/2023/05/coronation.jpgCoronation2023-05-04T08:17:32+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2022/01/20/deprivation-of-citizenship-clause-9-of-the-nationality-and-borders-bill-notice-of-decision-to-deprive-a-person-of-citizenship/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2022/01/deprivation.jpgDeprivation of Citizenship: Clause 9 of the Nationality and Borders Bill: Notice of Decision to Deprive a Person of CitizenshipBy Clause 9 of the Nationality and Borders Bill, the Government seeks to dispense with the requirement to give to the person concerned written notice of a decision to deprive them of British citizenship. The dispensation would apply in a large number of cases where the Secretary of State for the Home Department was satisfied it was not in the public interest. Clause 9 offends the common law, international legal standards, and human rights incorporated into domestic law. It should not stand part of the Bill and should be omitted. 2022-01-20T12:21:08+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2021/09/17/british-overseas-citizens-and-historical-prejudice-the-need-to-amend-the-nationality-and-borders-bill/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2021/09/bocs.jpgBritish Overseas citizens and Historical Prejudice: The Need to Amend the Nationality and Borders BillThere are people who would be British Overseas citizens (BOCs) today but for historical unfairness in the law, an act or omission of a public authority, or other exceptional circumstances. In a welcome development, Clause 7 of the Nationality and Borders Bill attempts to rectify the position for those who would be British citizens or British overseas territories citizens (BOTCs) today but for such prejudice. But it does nothing for people would be BOCs today. This is wrong. Those who would be BOCs today should not be excluded from the proposed remedy. They suffered from historical unfairness just as much as those who would be British citizens or BOTCs today.2021-09-17T08:22:29+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2021/09/12/adoption-and-british-nationality-law-the-need-to-amend/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2021/09/adoption.jpgAdoption and British Nationality Law: The Need to AmendBritish nationality law is out of kilter with adoption law in England and Wales. In those countries an adoption order made by a court may be made where a child has reached the age of 18 but is not yet 19. Yet such an adoption order only confers British citizenship automatically where the person adopted is under 18 on the day the order is made. Obviously, this is a slip. This adoption law was enacted some 20 years after the relevant nationality law and apparently the inconsistency it created was overlooked. Amendment is required. 2021-09-12T11:39:36+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2021/07/27/stateless-children-and-the-uks-nationality-and-borders-bill/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2021/07/statelesschild.jpgStateless Children in the Nationality and Borders BillThe Nationality and Borders Bill was introduced in the House of Commons on 6 July 2021. Part 1 concerns British nationality law and seeks to amend the British Nationality Act 1981. With one critical exception concerning stateless children, the Bill is generally good news as regards British nationality law. However, the exception risks putting the UK in breach of its international treaty commitments.2021-07-27T19:18:51+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/07/23/can-hong-kong-british-nationals-overseas-bnos-claim-refugee-status-in-the-uk/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/07/unknown-8.pngCan Hong Kong British Nationals Overseas (BNOs) claim Refugee Status in the UK?That a British national might need to claim Refugee Status and seek asylum in their own country of nationality, the UK, is an emerging prospect for some Hong Kong British Nationals (Overseas) (BNOs). That BNOs may travel to the UK visa-free as visitors is beside the point. Nor does the fact that the UK has plans for a visa route from January 2021 for BNOs to migrate to the UK to seek residence and settlement mean that all BNOs have a safe and lawful route to migrate to the UK. There remain a cohort of Hong Kong BNOs who will require assistance. Who are they and how might they be helped? 2020-07-24T09:40:03+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/07/02/how-to-help-hong-kong-uk-options-for-british-nationals-overseas-bnos/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/07/220px-flag_of_hong_kong_black_bauhinia_with_wilted_petals_variant.svg_.pngHow to Help Hong Kong: UK Options for British Nationals (Overseas) (BNOs)_wilted_petals_variant).svgThe UK Governments has choices. There are different ways to help British Nationals (Overseas) (BNO)s whose position in Hong Kong has deteriorated as a result of the imposition by China of a new national security law in the territory. The recent UK Government change of heart as regards the ability of BNOs to migrate to the UK for residence and settlement is welcome. However there remain problems. What more could the UK Government do and why?2020-07-03T07:38:28+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/06/13/hong-kong-british-nationals-overseas-bnos-a-route-to-the-uk-right-of-abode/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/06/238px-flag_of_hong_kong_1955e280931959.svg_.pngHong Kong British Nationals (Overseas) (BNOs): A Route to the UK Right of Abode?The UK Government has never sought to confer a UK right of abode on Hong Kong British Nationals (Overseas) (BNOs). But it could choose to do so. The right of abode in the UK is provided to British Citizens and certain other Commonwealth Citizens. It is the gold standard of attachment to the United Kingdom and the key component of possession of full British nationality. How does the status of BNO relate to it and how may the UK right of abode be conferred on BNOs? 2020-07-08T10:31:28+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/02/27/should-british-nationals-overseas-from-hong-kong-be-given-the-right-of-abode-in-the-uk/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/02/hongkongflag.pngShould British Nationals (Overseas) from Hong Kong be given the Right of Abode in the UK?As a result of the recent troubles in Hong Kong there has been renewed speculation as to whether British Nationals (Overseas) from Hong Kong should be given the right of abode in the United Kingdom. British Nationals (Overseas) are those persons belonging to Hong Kong who applied for and were granted British National (Overseas) status by the UK in the shadow of the return of Hong Kong to Chinese sovereignty in 1997. 2020-06-13T12:50:18+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2016/03/08/irish-british-subjects/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2016/03/1200px-green_ensign.svg_.pngIrish British SubjectsIrish British Subjects are literally part of a dying class of British nationals as the principal event regulating their perpetuation occurred on 1 January 1949, for those Irish citizens who were alive that day, when the British Nationality Act 1948 came into force. British subject status as acquired and retained by Irish citizens demonstrates certain features of nationality law that embody the degrees both of intimacy and of estrangement that exist in relations between the UK and Ireland. https://nationalityandcitizenshiplaw.com/wp-content/uploads/2016/03/ireland2.jpegireland22020-03-21T18:11:55+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2016/01/03/british-citizenship-by-descenttrial-and-error/2020-03-21T14:55:46+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2019/09/17/the-burden-of-proof-and-standard-of-proof-in-statelessness-cases/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2019/09/unknown-5.jpegstatelessnessstatelessness standard of proof Adrian Berry2020-03-21T14:48:57+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/01/28/am-i-already-british/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/01/am-i-really-british.jpgAm I Already British?Many people are automatically British nationals. They may not know it or they may be unsure. But they are. There are different sorts of British nationals. The most numerous are British citizens, who comprise most of the inhabitants of the United Kingdom and the British overseas territories Many British citizens are also to be found in other countries around the world. 2020-03-21T14:43:05+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/02/06/proving-british-nationality/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/02/provingbritishnationalityjpg.jpgProving British NationalityBritish citizens, British overseas territories citizens (BOTCs), British Overseas citizens (BOCs), British Subjects, British Nationals (Overseas), and British Protected Persons (BPPs) are all British nationals. Many people born in the UK, the British overseas territories, and foreign are automatically British nationals, see my Blog Post Am I Already British? But how do they prove it? 2020-06-28T00:46:37+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/02/13/trials-and-legal-remedies-to-prove-british-nationality/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/02/nationality-lawtrials.jpgTrials and Legal Remedies to Prove British NationalityHow does a person use a legal remedy to prove they are a British national? May people consider they already a British national. Such a person may want to apply for a UK passport or a certificate that that they are a British national. But what happens if the answer is no? 2020-03-21T14:42:21+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/02/19/british-overseas-citizens-bocs-of-somali-heritage-from-aden-yemen/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/02/aden.pngBritish Overseas citizens (BOCs) of Somali heritage from Aden (Yemen)There are many people of Somali heritage who are British Overseas citizens (‘BOCs’) today. How can this be? The answer lies in the United Kingdom’s colonial past in Aden (Yemen) and Somalia and the provision (or lack of) made during decolonisation. https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/02/somalibocs.jpgBritish Overseas citizens (BOCs) of Somali heritage from Aden (Yemen)There are many people of Somali heritage who are British Overseas citizens (‘BOCs’) today. How can this be? The answer lies in the United Kingdom’s colonial past and the provision (or lack of) made during decolonisation. British Overseas citizenship does not confer a right of abode in the UK itself. But travelling on a UK-issued BOC passport (as compared to a Somali passport) confers many advantages: access to a secure and reliable passport, visa-free admission to many countries, a greater willingness in in many countries to permit residence, and (where otherwise stateless) access to British citizenship by registration. 2020-03-21T14:41:52+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/03/05/hong-kong-british-overseas-citizens-bocs-a-continuing-route-to-british-nationality-for-stateless-persons/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/03/hongkong.pngHong Kong British Overseas citizens (BOCs): A continuing route to British nationality for Stateless PersonsAs is well known, people from Hong Kong who were British Dependant Territory Citizens (BDTCs) could apply for British National (Overseas) (BNO) status up until 1997, when Hong Kong returned to Chinese sovereignty. What is less well known is that for certain Hong Kong-connected people there was and is also a route to another class of British nationality, British Overseas citizenship In fact, certain Hong Kong-connected people may still become British Overseas citizens (BOCs) today, over 20 years after the restoration of Chinese rule, if they are otherwise Stateless. 2020-03-21T14:41:31+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/03/13/british-subjects-from-india-and-pakistan-an-enduring-status-to-avoid-statelessness/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/03/100px-british_raj_red_ensign.svg_.png100px-British_Raj_Red_Ensign.svghttps://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/03/unknown-4.pngBritish Subjects from India and Pakistan: An enduring status to avoid StatelessnessThere are people alive today who were associated with British India in the colonial era and who are British subjects without any other form of citizenship. In other words, they are British subjects without British citizenship, Indian citizenship. Pakistani citizenship, or any other form of nationality or citizenship. Moreover, British Subject status is capable of transmission to subsequent generations who would be otherwise Stateless. How has this come to be and what are the consequential effects of holding British subject status? 2020-03-21T14:40:53+00:00monthlyhttps://nationalityandcitizenshiplaw.com/2020/03/20/sex-gender-and-the-non-binary-person-in-uk-passport-law/https://nationalityandcitizenshiplaw.com/wp-content/uploads/2020/03/unknown-5.pngSex, Gender, and the Non-binary person in UK passport lawMay a Non-binary British citizen require the UK Passport Office to issue them with a passport with an ‘X’ marker in the gender field, so that their gender is unspecified? The answer is no. There is no Act of Parliament regulating the issue of UK passports. Instead passports are issued under the royal prerogative. In that context, a challenge to a refusal to issue a passport with an ‘X’ marker is limited to being rights-based challenge such as whether the decision is compatible with the European Convention on Human Rights (ECHR), as applied by the Human Rights Act 1998. 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