It restored or gave canadian citizenship automatically on that date to many who had never had it or who had lost it due to previous legislation, and limited canadian citizenship by descent to the first generation born outside canada. Citizenship act no 18 of 1948 chapter 349 application for a certificate of resumption retention citizenship of sri lanka whilst being a citizen of a country other than sri lanka under section 192 or 193. India, pakistan and the 1948 british nationality act independence in the case of british india occurred at relatively short notice in august 1947, but tying. The legislation created a legal status citizenship of the uk and coloniesthat included britons and colonial british subjects. Deprivation of nationality under article 8 3 of the 1961. The different types of british nationality explained british citizen, british overseas territories citizen, british overseas citizen, british subject, british national overseas, british. The british nationality acts of 1948, 1964, and 1981 the next set of legislative changes to the uk denaturalisation law stemmed not from war but from the decline of empire.
Cases considered under section 202 of the british nationality act, 1948 registration or naturalization obtained by means of fraud, false representation, or concealment of any material fact ho21573 bna. The deprivation of citizenship in the united kingdom. British citizenship by naturalisation house of commons. In 1977, a green paper was produced by the labour government outlining options for reform of the nationality code. Be a british dependent territories citizen by virtue of the grant by the governor of a certificate of naturalisation under the british nationality and status of aliens act 1914 u. Be it enacted by the kings most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament. There are currently no known outstanding effects for the british nationality act 1948, part ii. Coming to power after an unexpected victory in the july 1945 general elections, it was the labour party that as early as 1948 passed the british nationality act 1948. The ina collected many provisions and reorganized the structure of immigration law. Both englishspeaking canada and australia still regarded themselves as british nations.
The british nationality act 1948 was an act of the parliament of the united kingdom that created the status of citizen of the united kingdom and colonies cukc as the national citizenship of the united kingdom and its colonies the act, which came into effect on 1 january 1949, was passed in consequence of the 1947 commonwealth conference on nationality and citizenship, which had agreed. The west indians took their british citizenship, by virtue of the british nationality act 1948 seriously, and believed that they had been answering the call to arms of the mother country during the war and later to rebuild the uk. The nationality, immigration and asylum act 2002 inserted a section 4c into the british nationality act 1981 allowing for registration as a british citizen of any person born between 7 february 1961 and 1 january 1983 who would have become a cukc if the british nationality act 1948 had provided for mothers to transmit citizenship in the same. The british nationality and status of aliens act 1914. The act was repealed on 1 january 1949, but there may still be claims under it as. There are thought to be some who could still have a claim. Uk privy council dismisses appeal by barbosa bernews. In british law, commonwealth citizenship is dependent on a list of countries in schedule 3 of the british nationality act 1981. The evolution of commonwealth citizenship, 19451948 in. Stateless persons, eligible citizens and protected places.
The decade between the passing of the 1948 british nationality act and the 1962 commonwealth immigrants act constitutes a critical period in the politics of citizenship in postwar britain. Interpretation 1 in this act alien means a person who is not a commonwealth citizen or a british protected person. Every person who on 9th july 1973 is a citizen of the united kingdom and colonies a having become such a citizen under the british nationality act 1948 by virtue of his having been naturalised in the former colony of the bahama islands before that act came into force. An individual would automatically lose the status if that person is no longer a citizen of any commonwealth country. That act will then cease to be part of the law of the united kingdom and the colonial empire. The legislation created a legal statuscitizenship of the uk and coloniesthat included britons and colonial british subjects under a single definition of british citizenship, and entrenched their right to enter the uk. Bill c37, an act to amend the citizenship act, came into force on april 17, 2009. The british government, in introducing the british nationality act, tried to justify it by reference to the anomalous character of the existing citizenship law the british nationality act 1948. The ina has been amended many times over the years and contains many of the most important provisions of immigration law. India, pakistan and the 1948 british nationality act. This act may be cited as the mauritius citizenship act. Artefact 3 first naturalisation ceremony under 1948 nationality and citizenship act. The act, which came into effect on 1 january 1949, was passed in consequence of the 1947 commonwealth conference on. An act to make better provision with respect to the status of new zealand citizenship, and to consolidate and amend the british nationality and new zealand citizenship act 1948.
The british nationality act, twentieth century british history on deepdyve, the largest online rental service for scholarly research with thousands of academic publications available at your fingertips. Section 2 should therefore be completed if you were born after 31 december 1982. British protected person means a person who is a british protected person for the purposes of the british nationality acts 1948 to 1965 uk. Sep 12, 2018 1 on and after the appointed day the british nationality acts 1948 and 1958 shall have effect as if in subsection 3 of section 1 of the act of 1948 which provides for persons to be british subjects or commonwealth citizens by virtue of citizenship of certain countries for the words the federation of malaya, the state of singapore. This was followed in 1980 by a white paper by the conservative government that closely. Access to society journal content varies across our titles. The immigration and nationality act ina was enacted in 1952. An act to make provision for british nationality and for citizenship of the united kingdom and colonies and for purposes connected with the matters aforesaid. The british nationality act 1948 was an act of the british parliament which established the status of citizen of the united kingdom and colonies cukc, the national citizenship of the united kingdom and those places that were still british colonies on 1 january 1949, when the 1948 act came into force. Application for united kingdom passport for applicants 16. British protected person means a person who is a british protected person for the purposes of the british nationality acts, 1948 to 1965, of the united kingdom. British protected person means a person who is a british protected person for the purposes of the british nationality acts 1948. I before the passing of this act, british nationality was based on the commonlaw doctrine that subject to certain exceptions every person born in the kings dominions i. British nationality law historipedia official wiki fandom.
Citizenship act 1977 no 61 as at 24 october 2019, public. Jul 18, 2012 the conventional wisdom has been that the canadian citizenship act and the british nationality and australian citizenship act demonstrated the growth of a local nationalism after the second world war. Between 1948 and 1962, some 500, 000 nonwhite british subjects. Failure, it argues, is a design principle of british citizenship, in the most active and violent sense of the verb to design. Of these, only british citizenship provides the right to live in the uk. The article examines the enactment of the british nationality act, 1948. Printable and fillable application for united kingdom passport for applicants 16 and over. Uganda independence act uganda legal information institute. More resources for the british nationality act 1948. The national archives exhibitions citizenship brave. The effect of this legislation gave citizens of commonwealth of nations countries including the republic of. The british nationality act 1981 as amended replaced the british nationality act 1948.
There are currently no known outstanding effects for the british nationality act 1948. The british nationality act bna of 1948 was designed to provide a form of supranational citizenship to accommodate the separate nationality provisions that were beginning to proliferate as a result of constitutional change within the late empire, decolonization and the formation of the commonwealth. Later that same year, the 1948 british nationality act passed, taking effect at the beginning of 1949. British nationality act, 1948 69 the act abandons common status by repealing from january 1, 1949, the british nationality act, 1914,6 except ss. Migration status was not a significant issue for commonwealth citizens until recent years. There are different ways to apply for british citizenship based on your circumstances. View or download all content the institution has subscribed to. Artefact 3 first naturalisation ceremony under 1948. The british nationality act of 1981 abolished the 1948 definition of british citizenship and replaced it with three categories. British nationality act is a stock short title used for legislation in the united kingdom relating to nationality the bill for an act with this short title will have been known as a british nationality bill during its passage through parliament list. If you have access to a journal via a society or association membership, please browse to your society journal, select an article to view, and follow the instructions in this box. The only significant provision of the act to survive today is section 3, which concerns the extraterritorial jurisdiction of the criminal courts over crimes committed by british subjects overseas.
American declaration of the rights and duties of man, 1948. Nov 11, 2019 the privy council in the uk has dismissed an appeal by michael barbosa, stating that under the constitution, mr barbosa does not enjoy bermudian status or belong to bermuda and the board will. Edit, fill, sign, download application for united kingdom passport for applicants 16 and over online on. For example, british subjects no longer received special treatment and dual citizenship became recognized. Be it enacted by the kings most excellent majesty, the senate, and the house of representatives of the commonwealth of australia, as follows. Marxist lenin 1st journal marxists internet archive. So many took advantage of it that the national identity. The british nationality act the politics of citizenship in 1940s britain. In spite of the fact that the 1981 act repealed most of the provisions of 1948 act and the nationality clauses in subsequent independence acts, the acquisition of new categories of british nationality created by the 1981 act was often dependent on nationality status prior to 1 january 1983, the date the 1981 act came into effect, so many of the. During the 1920s and 1930s, british feminists from around the empire worked to change this regulation, but only in 1948 were women in the united kingdom granted the right to their own nationality regardless of their marital status. Secondly, british citizenship is a biopolitics a field of techniques and practices legal, social, moral through which populations are controlled and fashioned. The british nationality act 1948 was an act of the parliament of the united kingdom that created the status of citizen of the united kingdom and colonies cukc as the national citizenship of the united kingdom and its colonies. Sep 12, 2018 4 part iii of the british nationality act 1948 which contains supplemental provisions shall have effect for the purposes of the foregoing subsection and schedule 1 to this act as if those provisions were included in that act. British nationality act 1948 wikipedia republished wiki 2.
In the mid1970s the british government decided to update the nationality code, which had been significantly amended since the british nationality act 1948 came into force on 1 january 1949. The australian citizenship act 1948 as shown in this compilation comprises act no. It is taking longer than usual to process applications because of coronavirus covid19. Revised legislation carried on this site may not be fully up to date. There are other methods of obtaining british citizenship and the appropriate method or pathway depends on an individuals circumstances. These two events could not have taken place under more different levels of secrecy. The citizenship act, effective february 15, 1977, replaced the 1947 act with a more equitable statute. An act relating to british nationality and australian citizenship. More resources for the british nationality act 1948 original print pdf of queens printer version this pdf does not include any changes made by correction slips. There was only one provision for automatic loss of citizenship, limited to persons born in the second or subsequent generation outside canada unless they took steps to retain their. British nationality act, 1948 25 british year book of. Nationality and new zealand citizenship act of 1948. British citizenship, citizenship of british dependent territories, and british overseas citizenship.
Provided that if the father of such a person is a citizen of the united kingdom and colonies by descent only, that person. All relevant information pertaining to application, saving or transitional provisions prior to 11 december 1998 is not included in this compilation. Kingdom and colonies under section 124 of the british nationality act 1948, or as british citizens or british overseas citizens under the british nationality act 1981. I, the undersigned who is desirous of being a citizen of a country other than sri lanka and to whom the following. Overview west indian immigrant family, brixton, london in the aftermath of world war two, definitions of british nationality were redefined, often to encourage. The windrush generation and the long history of not being. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial. List of mentions of the british nationality act 1948 in parliament in the period 1803 to 2005. Commonwealth citizenship is acquired by virtue of holding citizenship of any commonwealth member state. July 1980 on british nationality and the previous labour governments green paper of april 1977. Most of the 1948 act was replaced by the british nationality act 1981 with effect from 1 january 1983. The corresponding national provision at the time of ratification was section 203 of the british nationality act 1948, which allowed for the deprivation of citizenship on grounds of disloyal act or speech, different forms of collaboration with the enemy and sentences to imprisonment in any country for more than 12 months within the first five. Full report, original format pdf, 405kb map pdf, 2417kb. When canada created its own distinct national citizenship, the.
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