Jump to content

Talk:British nationality law: Difference between revisions

Page contents not supported in other languages.
From Wikipedia, the free encyclopedia
Content deleted Content added
Sad mouse (talk | contribs)
JAJ (talk | contribs)
Clarification of the UK Mother section: retrospective citizenship
Line 267: Line 267:
:Registration as a British citizen under section 4C (UKM provisions) of the British Nationality Act confers British citizenship ''by descent'' and is not retrospective to birth. [[User:JAJ|JAJ]] ([[User talk:JAJ|talk]]) 23:21, 9 August 2008 (UTC)
:Registration as a British citizen under section 4C (UKM provisions) of the British Nationality Act confers British citizenship ''by descent'' and is not retrospective to birth. [[User:JAJ|JAJ]] ([[User talk:JAJ|talk]]) 23:21, 9 August 2008 (UTC)
::Retrospective to birth as in, they recognise that you were born British and are only now registering as British. Anyway, what mattered to the person asking the question was the effects - which is that the spouse will be able to live and work in the UK. [[User:Sad mouse|Sad mouse]] ([[User talk:Sad mouse|talk]]) 03:20, 10 August 2008 (UTC)
::Retrospective to birth as in, they recognise that you were born British and are only now registering as British. Anyway, what mattered to the person asking the question was the effects - which is that the spouse will be able to live and work in the UK. [[User:Sad mouse|Sad mouse]] ([[User talk:Sad mouse|talk]]) 03:20, 10 August 2008 (UTC)

::Registration as a British citizen is '''never''' retrospective. Section 42 of the British Nationality Act 1981 makes this clear. [[User:JAJ|JAJ]] ([[User talk:JAJ|talk]]) 04:09, 11 August 2008 (UTC)


== [[Isle of Man]] Citizenship ==
== [[Isle of Man]] Citizenship ==

Revision as of 04:09, 11 August 2008

question about who could apply for British citizenship

say for example that your mother was born in Rhodesia in 1962, a British colony at the time, she left rhodesia in 1964 never becoming a citizen of the 'independent' state and went to South Africa where she had you in 1981, in this case, would she be able to apply for citizenship or is she born a citizen of th UK? What about her ofspring? would they be able to apply for citizenship through her? —Preceding unsigned comment added by 41.207.249.11 (talk) 07:04, 1 July 2008 (UTC)[reply]

WikiProject iconUnited Kingdom Start‑class
WikiProject iconThis article is within the scope of WikiProject United Kingdom, a collaborative effort to improve the coverage of the United Kingdom on Wikipedia. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks.
StartThis article has been rated as Start-class on Wikipedia's content assessment scale.
???This article has not yet received a rating on the project's importance scale.
WikiProject iconHong Kong Start‑class Low‑importance
WikiProject iconThis article is within the scope of WikiProject Hong Kong, a project to coordinate efforts in improving all Hong Kong-related articles. If you would like to help improve this and other Hong Kong-related articles, you are invited to join this project.
StartThis article has been rated as Start-class on Wikipedia's content assessment scale.
LowThis article has been rated as Low-importance on the project's importance scale.
Hong Kong To-do:

Attention needed (60)

Collaboration needed

Improvement needed

Cleanup needed

Image needed (348)

Destub needed

Deorphan needed

Page creation needed

Miscellaneous tasks

good day from sydney australia

i would lile to knows more information about the new law for bitish oversease citizen.are we able to leave in the uinted kingdom and work as well or it is just 6mths stay..because i have been told by the Australian gavrment that i can go back to the uk and leave there and work as well according to the new law wich has been changed recently please reply mouayad


If you mean the changes brought about by the Nationality, Immigration and Asylum Act 2002 then with effect from 30 April 2003 a British Overseas citizen (or a British subject or a British protected person) can register as a British citizen provided that:

  • the person has no other citizenship or nationality (note - it is possible to be a citizen of another country without necessarily holding its passport); and
  • the person has not lost any other citizenship or nationality (whether by action or inaction) since 4 July 2002

Information is at http://www.ind.homeoffice.gov.uk

JAJ 01:41, 10 July 2005 (UTC)[reply]

BN(O)

I know I changed it -- take a look at this Google search for examples of the official abbreviation. The full name -- British National (Overseas) -- and its abbreviation -- BN(O) -- both do have the brackets. The URL should reveal that. I've also seen it in the British High Commission, Wellington.


It would be good to have a section on giving up UK citizenship. Mark Richards 22:42, 10 Mar 2004 (UTC)


Indeed, the official abbreviation is BN(O). But most people in Hong Kong just refer the passport as BNO, for simplicity's sake.

how to apply for british nationality


Are citizens also subjects? It's not clear from the article if a British Citizen is also a Subject. Would be good to clear up this old chestnut (long argued point). Fantastic work though, people, thanks. [mgaved 28 Oct 2004]


No.

Section 37 (4) of the British Nationality Act 1981 states that "No person shall have the status of ... a British subject otherwise than under this Act."

People can hold British subject status under the following sections of the 1981 Act:

  • s30 - former British subjects without citizeship connected with British India prior to 1949 and some women married to them
  • s31 - British subjects connected with pre-1949 Republic of Ireland
  • s32 - Minors registered as British subjects since 1983 (very uncommon)
  • s33 - Transitional entitlement to register as a British subject for a woman married to a British subject by virtue of s30 (expired on 31 December 1987)
  • s34 - provides for renunciation of British subject status
  • s35 - provides for automatic loss of British subject status should any other nationality be acquired.

From the above it's clear that:

  • the provisions for conferring British subject status do not extend to British citizens
  • any British subject who becomes a British citizen automatically loses British subject status, with the exception being a British subject from Ireland (s31) who can hold both statuses simultaneously upon naturalisation/registration as a British citizen. However, retaining British subject status is meaningless to someone who has become a British citizen. [24 June 2005] JAJ

british nationality passed from mother to children

I am a british citizen living outside the UK. I gained British nationality by descent, my mother being born in Chagos island and lived part of her life there( a British Indian Ocean Territory). I am holder holder of a british passport , mentionned" british citizen" and would like to know if I can pass on my nationality to my three children, 9 yrs, 6 yrs and 1 1/2 years old.

I thank you very much for your help.

Marie France Wang


If you are a British citizen by descent and acquired this status by virtue of section 6 of the British Overseas Territories Act then it does not automatically make your own children British citizens. http://www.opsi.gov.uk/acts/acts2002/20008--a.htm#6

There may be options available if your children are stateless (ie, have no nationality).

Otherwise, you would likely need to bring your children to the UK on settlement visas and apply for them to be registered as British citizens after taking up residence in the UK. The precise mechanics and residence period will depend on their circumstances. Visit http://www.ukvisas.gov.uk for information on entry clearance. JAJ

Question

It is written: "The law on nationality was spread across many statutes, and much of it was unwritten. "

To me, statutes implies written. This contradicts the ending phrase. [2004.12.31 - JPiper]

Seems to make sense to (the law student in) me -- the law on nationality was spread across many statutes, but it wasn't exclusively contained in statute, being augmented by precedents handed down by the courts over the years -- is what I'd take from it. It could also, I suppose, be referring to the practice and internal rules of the Home Office etc. --Killiedaft 22:27, 18 Apr 2005 (UTC)

BN(O)

I have married with a man who holder british passport and i came to England from 1998. Now i have a boy who has born in London on 29 December 1999. he has gotten Britsh Passport. and also i have indefinitely resident on my passport. but i left England Jan 2000 and i return to my country. ofcourse I back to England November 2002 and return to my country because of my family. I divorced from my husband and my son liveing with me . I have a question that how can i apply for British passport?

If I understand this correctly, you no longer live in the UK. If this is correct you will not be able to meet the residence creiteria to register as a British Citizen. However, if you are a BNO you do not lose your residence rights no matter how long you stay outside the UK. Spartaz 10:39, 16 July 2006 (UTC)[reply]

Electress Sophia of Hanover

While descent from the Electress Sophia may give rise to a claim to British nationality, it's primarily as a British Overseas citizen. Hence information on this section of the law has been mentioned in "Other Categories of British nationality". The origin of the law is explained in full in History of British nationality law

It's currently duplicated in the British citizenship section and I don't think it belongs there. JAJ 01:05, 23 September 2005 (UTC)[reply]

However that part of the article deals with British *citizenship*. Electress Sophia claims would generally give rise to British Overseas citizenship, hence it's mentioned lower down in the article. With a link to the article explaining the historic provisions. I'm not suggesting the information be removed entirely, just that it's not in the right place. JAJ 22:22, 23 September 2005 (UTC)[reply]
Sorry, I misunderstood you. I thought you were suggesting removal completely of the section. Agree should be in that area instead. Astrotrain 18:14, 24 September 2005 (UTC)[reply]
It's not a part of British nationality law any more, as the Sophia Naturalisation Act was repealed by the British Nationality Act _1948_, i.e. it is pre-1949 nationality law. Given that we are now onto the 1981 Act, and have relegated the detail of most of the pre-1983 provisions to the History of British nationality law article, the Sophia Naturalisation Act really belongs with the pre-1949 stuff there.
Of course, there will be some people still living who are BOCs because of it, but that will apply equally to any pure-1949 provision until say 2049, and there may be two or three further Nationality Acts by then. I have no problem with mentioning the Act in this article and referring readers to the History article for more information, but to put this into context, there will be far far more people alive who were affected by, say, the British Nationality Act 1965, than the handful of descendants of Sophia who may have qualified before 1949, but we don't deal with the 1965 Act in this article either. Andrew Yong 09:22, 24 September 2005 (UTC)[reply]


By way of background, because British nationality law is so complex, in order to keep the article to a manageable size, detailed explanation of issues that relate to pre-1983/1949, or to categories other than British citizenship, were moved a few months ago to separate articles. A brief summary with a reference is usually left on the main page (because these can still affect the status of people today). There's already a note about Electress Sophia on the main page, under "Acquisition of Other Categories of British nationality":
"Eligible descendants from the Electress Sophia of Hanover may hold British Overseas citizenship based on their status as British subjects before 1949. Where such a person acquired a right of abode in the UK before 1983, it is possible for British citizenship to have been acquired. See also History of British nationality law" JAJ 02:36, 25 September 2005 (UTC)[reply]

Small clarity suggestion

In Citizenship by descent from 1983:

"In exceptional cases, the Home Secretary may register a child of British parents by descent as a British citizen under discretionary provisions, for example if the child is stateless."

I find this sentence a bit ambiguous, or at least clumsy. Would "...may register a child of parents who are British by descent as a British..." be a better way to phrase it? --Bigbluefish 10:39, 26 September 2005 (UTC)[reply]

Life in the UK

Does anyone have details of the citizenship test? It is based on a book called "Life in the UK", but I can't find it on the web. Seabhcán 10:39, 1 November 2005 (UTC)[reply]

Try the Life in the UK Test website JAJ 12:26, 1 November 2005 (UTC)[reply]

Naturalisation in the Channel Islands and Isle of Man

I've removed the comment (at least for now) "and is at the discretion of the Lieutenant Governor".

This is in the context of an exemption from the "Life in the UK Test" before 1 May 2006. I don't think the Lt Governor has discretion over this exemption, is there any reference otherwise?

As far as the naturalisation decision itself is concerned, naturalisation in the Channel Islands and IOM is at the discretion of the respective Lt Governor, just as naturalisation in the UK is at the discretion of the Home Secretary.

However, in the UK the discretion on naturalisation must be exercised in accordance with policy and since the Lt Governor's discretion on naturalisation is delegated from the Home Secretary, the same requirements ought to apply.

In the UK proper, naturalisation will not normally be refused if the statutory requirements are met, is it the same in the Channel Islands and Isle of Man? JAJ 18:57, 12 February 2006 (UTC)[reply]

Citizenship and nationality

Hi there,

I have attended my Citizenship Ceremony today, and I have thus acquired British Citizenship. I have a question for you.

The sheet entitled "Some Information for British Nationals", enclosed in the pack with the Certificate of Naturalisation, reads: "You now have the nationality shown on the enclosed certificate." However, I can see no mention of my acquired nationality on said certificate. I can only see that I have acquired British Citizenship.

According to the publication "Life in the United Kingdom - A journey to Citizenship" by the Home Office (in particular I refer you to page 17), Citizenship and Nationality are technically two separate things, although that section fails to provide clear definitions, and it certainly does not answer my question: What is my acquired nationality? I understand that I am now a British citizen, but am I an English national? Or am I a Welsh national? Scottish? Do I get to choose? If not, what is this based on?

(Please note my query is not about dual citizenship, on which I am clear.)

Thank you very much.

There is no such thing as an "English", "Scottish", "Welsh" or "Northern Irish" status. All British citizens have the same status in the United Kingdom, irrespective of what part of the United Kingdom they come from. In the Crown Dependencies (Jersey, Guernsey and the Isle of Man) it's different and you do need an additional 'local status' as well as British citizenship to be able to access full housing and employment rights.
In the United Kingdom, citizenship and nationality are not the same, that's because it's because it's possible to be a "British national" without being a "British citizen" - for example, if you are a British Overseas citizen or British subject JAJ 12:55, 16 February 2006 (UTC)[reply]
Your certificate says "You now have the nationality shown on the enclosed certificate", which as JAJ notes above is that of "British citizen" (as opposed to one of the other types of British nationality). —Preceding unsigned comment added by 86.157.85.147 (talk) 01:30, 13 February 2008 (UTC)[reply]

Soli, not solis

Please note that the correct form is soli (= of the soil) — as in lex soli or ius solinot solis (= of the sun).

British citizenship from grandparents

Can you acquire British citizenship by descent from your grandparents? Let's say both of your father's parents were British citizens (and passport-holders) up until their deaths - wouldn't that make your father automatically a British citizen, and therefore you too, or does it "run out" if never taken advantage of by your father (e.g. he never applied for or held a British passport)? The article doesn't seem to answer this question, it only says from your father (but if your father got it from his father...). --Dub8lad1 22:54, 23 May 2006 (UTC)[reply]

I think you can only inherit British citizenship if your parents are British citizens "other than by descent". So, in other words, if your parents have British citizenship only because they were born to British citizens, but outside of the UK or its territories, then you would not automatically get it if you're born outside the UK. --thirty-seven 15:54, 24 May 2006 (UTC)[reply]
Ah, here are the relevant sections from this article:
==== From 1983 ====
A child born outside the UK on or after 1 January 1983 will automatically acquire British citizenship by descent if either parent is a British citizen otherwise than by descent at the time of the birth.
==== Prior to 1983 ====
Prior to 1983, as a general rule British nationality could only be transmitted from the father through one generation only, and parents were required to be married. See History of British nationality law.

--thirty-seven 15:58, 24 May 2006 (UTC)[reply]

You are quite right, the article does explain it, thank you. I think I was somehow misinterpreting "by descent" when I read it. That would probably place the father in this scenario in the interesting position of being able to claim British citizenship by descent AND British subject status by birth in the Irish Free State before 1949. I wonder, though, what would happen to the second generation born outside the UK if it was born (for argument's sake to two parents who were British citizens by descent) in a country with no jus soli. Presumably, to avoid statelessness, British citizenship would be perpetuated?--Dub8lad1 19:23, 27 May 2006 (UTC)[reply]

Birth in the Irish Free State prior to 1949 (even prior to 1922) does not confer British citizenship, other than in a few exceptional cases. It does allow for British subject status to be claimed, however this is not transmissable and hence the question of "by descent" or otherwise does not arise. JAJ 21:25, 27 May 2006 (UTC)[reply]
Under the laws in place from 1983 (British Nationality Act 1981), there are some specific concessions to allow the second-generation born overseas to be registered as British, if the British "by descent" parent has lived for 3+ years in the UK before the child is born, section 3(2) of the 1981 Act. If child is brought to live in the UK for 3 years it can be registered as British "otherwise than by descent" under section 3(5) of the Act. Failing that there is the Home Office discretion to register any minor as British under s3(1) of the 1981 Act, this is often used to relieve statelessness, however Home Office policy does state that for the third and subsequent generations born overseas, there should not necessarily be a presumption that it is for the United Kingdom to resolve the statelessness issue. JAJ 21:32, 27 May 2006 (UTC)[reply]

British & Commonwealth law template

Does the template on British & Commonwealth citizenship laws add any value? Most articles are linked from within the article anyway. And if the template was expanded to include all citizenship/immigration laws in all Commonwealth countries, it would likely be too big. JAJ 16:15, 29 May 2006 (UTC)[reply]

Married to a British citizen

I am an American citizen, my husband is British, born and raised there. We have a son together, born after we married. I have a daughter, who my husband has adopted, here in America. We currently live in America. He was consistently employed in Britain before, and would have no trouble getting a job again. Also, all of his family is there, so we would have someplace to stay immediately upon arrival. We are having trouble making a living here, as I became disabled, and am not able to work. I am awaiting approval for Social Security right now. If, in the future, we decide to move to the UK, would I qualify for any benefits before I became a citizen there? Would our son and (adopted) daughter be eligible for health care and benefits if we were in the UK? Would they even consider letting me in, since I am disabled? I would really appreciate a reply, as due to our current situation, we cannot afford a consultation with an immigration lawyer. I am sorry if I am not doing this correctly; I am new to Wikipedia. Thank you. THopkins 08:49, 15 August 2006 (UTC)[reply]

It would be better to post your question on one of these forums:
Even better have you thought about consulting the nearest UK visa issuing post? Try NY, Chicago, NY or Washington DC. --Spartaz 04:46, 16 August 2006 (UTC)[reply]
It's very difficult to contact most consulates (premium rate numbers) and advice given by front-line officials at consulates is often misinterpreted, incomplete or just plain wrong. JAJ 11:50, 16 August 2006 (UTC)[reply]


Thank you for responding; I will try those avenues suggested for the forums. We had previously contacted the consulate, and received conflicting information each time. Their main answer seems to be "Submit your paperwork and we'll tell you yes or no," which is no help at all, and a lot of money besides. Thanks again. THopkins 22:45, 21 August 2006 (UTC)[reply]

What are the RIGHTS of a British Citizen?

what are the rights of a british citizen, i just cant seem to find this information

Rights of a British citizen include:

  • a British citizen passport and British consular protection
  • the right to vote and hold public office (although citizens of Commonwealth countries and the Republic of Ireland have this too)
  • the right to pass on citizenship to non-UK born children (subject to limitation for British citizens by descent)
  • an unrestricted right to return to the UK after spending time overseas
  • the right to apply for nationality-restricted Civil Service posts (25% of the total, including managerial and policy positions)
  • the right to exercise Treaty Rights in other EU/EEA states
  • exemption from deportation from the United Kingdom. JAJ 23:36, 12 November 2006 (UTC)[reply]


UK citizenship or British citizenship?

What is technically the correct description for a citizen of the United Kingdom? I cannot get clarification on this point, and both seem to be used interchangeably, although they both cannot be technically correct. And what was the exact status under UK law of the Irish before 6 December 1922? And their status prior to the Act of Union coming into place in 1801? Thanks a million. 89.100.159.69 17:59, 17 November 2006 (UTC)[reply]

1. The correct term is "British citizen" since 1 January 1983- see the British Nationality Act 1981 2. The Irish before 6 Dec 1922 were British subjects like everywhere else in the Commonwealth. They ketp that status until 1949. But when "UK and Colonies" citizenship was created in 1949, the UK was defined based on its borders at that date. So the Irish were not in general entitled to automatic UK citizenship. See British nationality law and the Republic of Ireland 3. There was no Irish statute on nationality prior to 1801. Irish persons under common law were subjects of the King of Ireland. JAJ 02:48, 18 November 2006 (UTC)[reply]


British citizenship by birth in the United Kingdom

In the above-named section of the article, it says: "Before 1983, birth in the UK was sufficient in itself to confer British nationality ..." If I understand correctly, such nationals would now be British citizens. That is, possession of a birth certificate showing birth in the UK before 1983 is sufficient proof of British citizenship (unless it was subsequently renounced), regardless of parental details. This point would be useful to state explicitly, as a large number of people fall into this category and may wonder how to prove it (e.g. without a passport). —The preceding unsigned comment was added by 74.15.4.77 (talk) 19:53, 31 March 2007 (UTC).[reply]

A United Kingdom, Channel Islands, or Isle of Man birth certificate (for someone born before 1983) is normally sufficient proof of British citizenship. The exceptions would be any indication of diplomatic status of father, or in the case of those born in the Channel Islands between 1940-45, evidence that father was German or from another Axis nation. The other exception concerns persons naturalised in non-Commonwealth countries (especially the U.S.) before 1949. However, in order to obtain a British passport, sufficient evidence of identity must also be provided and a birth certificate is not enough for that. JAJ 10:29, 4 April 2007 (UTC)[reply]

Birth in occupied territories

What was the nationality status by birth for those who were born in occupied British territories during World War II, such as Hong Kong and Singapore under Japanese occupation? Immediately prior and after the occupation, citizens of those territories would normally have British subject status by birth. If these people could not have British subject status by birth during the occupation, they would certainly be British subject by descent. The question is whether British nationality or "enemy" nationality law applied. What about those born to enemy alien? If British nationality law was recognised, would jus soli apply to them? It only says they are excluded from jus soli in Nationality Act 1948 (enacted in 1949) which was well after the war. This is one of the topics to be expanded in British nationality law and Hong Kong, any reference and pointers would be appreciated. Thanks. --Kvasir 18:25, 3 April 2007 (UTC)[reply]

Occupation had no effect on the nationality laws. There was an equivalent exclusion for children of "enemy aliens" in the British Nationality and Status of Aliens Act 1914. At no point did the United Kingdom recognise enemy laws as applying in its occupied territories. JAJ 10:25, 4 April 2007 (UTC)[reply]

US Military

Hello, I have read over this page, but it is still unclear to me. I was born on January 12th, 1990 in Upper Haford England. At that time, it was a US military base and since it has been closed down. Now I have been living my childhood as a US military dependent. Now once I'm out the house I plan on returning to Enlgand. Do I qualify as a British citizen, could I get Dual citizenship between the US and the UK, or what?

As you were born in 1990 (ie, after 1982) you are not a British citizen unless one of your parents at the time of your birth was a British citizen or permanent resident. Visiting forces are not considered to be permanent residents so you are likely out of luck unless your non-military parent was British. Sorry. JAJ 23:33, 4 November 2007 (UTC)[reply]


Is the Queen a citizen?

Is the Queen considered a citizen or is she designated as a sovereign? If so what was she before she was queen? —Preceding unsigned comment added by 70.224.218.136 (talk) 16:19, 14 September 2007 (UTC)[reply]

There is no defined statute but there is a strong argument that as Monarch, the Queen is above the notion of citizenship and therefore is not a British citizen. However she was a Citizen of the UK & Colonies before her Accession in 1952 and if she were to abdicate, she would henceforth be a British citizen. Other members of the Royal Family are British citizens. JAJ 23:33, 4 November 2007 (UTC)[reply]

English, Scottish, Welsh, and Northern Irish nationality

Is there an English, a Scottish, a Welsh, or a Northern Irish nationality? --88.77.229.232 09:33, 1 November 2007 (UTC)[reply]

In formal terms, no. The legal nationality is British or United Kingdom. If you look in the passport of an English, Scottish, Welsh, or Northern Irish person for the section that gives nationality it says "British Citizen". English, Scottish, Welsh, and Northern Irish are informal nationalities. They have a great deal of significance to some people but not to others. They are sometimes useful descriptions of people - especially those who strongly identify with one of the constituent countries of the UK. Their use can be a sensitive matter and there are spats going on in parts of Wikipedia about how they should be used. I have English, Welsh and Scots friends who clearly define themselves in those terms and don't like to be described as British. I have other friends from England, Wales and Scotland who hate being called anything other than British. It gets even more complicated when people also identify with one of the myriad ethnic groups you find within the UK. I don't know many people who call themselves Black English but there are plenty of people who describe themselves as Black British who were born in England to parents who were born in England. I've also met people who describe themselves as Black Welsh and Black Scots.
It seems to me that British, English, Scottish, Welsh, or Northern Irish are all ethnic descriptors whereas only British is technically a nationality. It's a bit like Texans and Texas. Most Texans are proud to call themselves Texans and many would use that as the first way of describing who they are and where their roots are - but they would give their nationality as "US" or "American". Circusandmagicfan 19:25, 4 November 2007 (UTC)Circusandmagicfan[reply]

Clarification of the UK Mother section

Hi guys! My fiance is going about applying to Register as a British national - her mother is British, and she was born before 1983, so it's apparent that she's eligible to apply for Registration via the UK Mother form.

However, part of this Wikipedia article has stopped us in our tracks. Namely, "However those with permanent resident status in the UK, or entitled to Right of Abode, may instead prefer to seek naturalisation as a British citizen which gives transmissible British citizenship otherwise than by descent".

Now, obviously she DOES have Right of Abode, but we've not sure what the last part of this quote means - "transmissable British citizenship OTHERWISE than by descent". How is it that being Registered would be in any way different (or indeed, less desirable) than being naturalised. And would the naturalisation require the standard 5 years of living in the UK to be valid?

What we're hoping to do is get her Registered (and get a UK passport) in the next few months. We're getting married in April 2009. And around June 2009, we are hoping to move to the UK for a few years to do IT work for a 'life experience' sort of thing.

So, if anyone could clarify what would be the best method for us to get registered, and then legally, both be able to reside and work in the UK, we'd both appreciate it.

Thanks! cmdwedge —Preceding unsigned comment added by 152.91.9.9 (talk) 05:36, 8 January 2008 (UTC)[reply]

No need to worry, if she is applying through her mother, her application would actually grant her citizenship from birth (retrospectively). She can then live and work in the UK, valid immediately. Once you get married you could then apply for a spouse's visa which is very easy to get, and you could then live or work in the UK as long as she is there (ie, you can't enter before her, you can't stay longer than her). You could get British citizenship through her, but only after living in the UK for at least three years with her. Just make sure she fills out the UKM form. Sad mouse (talk) 18:07, 9 August 2008 (UTC)[reply]
Registration as a British citizen under section 4C (UKM provisions) of the British Nationality Act confers British citizenship by descent and is not retrospective to birth. JAJ (talk) 23:21, 9 August 2008 (UTC)[reply]
Retrospective to birth as in, they recognise that you were born British and are only now registering as British. Anyway, what mattered to the person asking the question was the effects - which is that the spouse will be able to live and work in the UK. Sad mouse (talk) 03:20, 10 August 2008 (UTC)[reply]
Registration as a British citizen is never retrospective. Section 42 of the British Nationality Act 1981 makes this clear. JAJ (talk) 04:09, 11 August 2008 (UTC)[reply]

Isle of Man Citizenship

I have a question re IoM passports/citizenship. The IoM article currently gives this much of the story:

Citizenship is covered by UK law, and Manx people are classed as British citizens, although those without a grandparent born in the UK (or who have not lived continuously for a period of five or more years in the UK) do not have the same rights as other British citizens with regard to employment and establishment in the European Union. Citizenship is covered by UK law, and Manx people are classed as British citizens, although those without a grandparent born in the UK (or who have not lived continuously for a period of five or more years in the UK) do not have the same rights as other British citizens with regard to employment and establishment in the European Union.

I have read this separately on a "Blog" website:

...resdients of the Isle of Man receive full UK passports which inlcude an extra entry detailing their Manx nationality. Whereas residents of the 2 Channel Islands states - The Bailiwick of Guernsey and The Bailiwick of Jersey receive British Islands passports, which have the following on the front cover: "British Islands, Bailiwick of Jersey" or "British Islands, Bailiwick of Guernsey" So slightly different in that they do not have full UK citizenship like a Manx national does.BlogLink

Does any one know (A) what is the actual wording on the front cover of an IoM passport; (B) whether the description of the position on the "Blog" is correct; (C) if it is, why do IoM passports not have "British Islands" on the front cover...If there is a difference, is there also a difference in the status of the IoM vis a vis the other two Crown Dependencies?

I initially posted this on the IoM talk page but have not had a response so thought I'd ask here too. Regards. Redking7 (talk) 20:44, 27 June 2008 (UTC)[reply]

The following points may clarify:
  • Passports issued by the Isle of Man Passport Office say "British Islands - Isle of Man"
  • Isle of Man passports can be issued to any British citizen in the Isle of Man (whether or not that person has "Manx status" under the local employment laws). They can also be issued to Manx-connected British citizens residing in the mainland U.K. or any of the other Crown Dependencies.
  • Persons in the Isle of Man are full British citizens - as are those from the Channel Islands. The nationality status on their passports is "British Citizen."
  • There is no such thing as "Manx nationality". There is such a thing as "Manx status" under IOM employment control legislation but I do not believe this is endorsed on passports. JAJ (talk) 23:30, 9 August 2008 (UTC)[reply]