Policy Document

An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes

Year

2002

Country

United Kingdom

Topic

Migration

Subtopic

Naturalisation & Citizenship

Main implications

The requirements for naturalisation were extended: Applicants needed to have sufficient knowledge about life in the UK. This requirement also applied for naturalisations as a spouse of a British citizen. The Secretary of State could waive this requirement and was entitled to issue regulations on how to determine whether a person had sufficient knowledge about life in the UK (and enough knowledge of relevant languages). The Secretary of State could also make provisions to establish certain courses for the acquisition of language and knowledge of life in the UK.

A new citizenship oath and pledge was introduced that persons of full age had to take before naturalisation or registration as a citizen of any type or as a British subject in the framework of a citizenship ceremony. The Secretary of State was entitled to define the details of this procedure. He could also waive this requirement in individual cases.

Before naturalisation or registration each applicant had to have paid all fees due. - Certain rights that had been granted to married women were now extended to men married to a woman who had a specified status.

The act eliminated the right of the Secretary of State, governors, and lieutenant-governor to decline to give their reasons for their approval or denial of an application for naturalisation, etc.; the provision stipulating that the decisions of these officials were not subject to appeal or review was also abolished.

The existing nationality law was amended regarding the registration of children born out of wedlock.

British Overseas Citizens, British Subjects, and British Protected Persons were given the right to register as British citizens if they had no other citizenship or nationality, and had not lost through action or inaction any other citizenship or nationality after 4 July 2002.

Certain specified persons who were born to a British mother, but who did not acquire citizenship of the UK and Colonies because the citizenship law at that time did not allow for the passing-on of this citizenship from mothers to children, were under certain conditions given the right to (belatedly) acquire British citizenship.

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

Persons applying for registration or naturalisation as citizens of any description
Spouses of citizens with specified status
Persons born out of wedlock
Persons born to a British mother who did not acquire British citizenship at birth

Read the Law

Full Text Source in English

2002, c. 41

Original full text source in native language

2002, c. 41

Full text web source in English

http://www.legislation.gov.uk/ukpga/2002/8/pdfs/ukpga_20020008_en.pdf

Original full text web source in native language

http://www.legislation.gov.uk/ukpga/2002/41/pdfs/ukpga_20020041_en.pdf

Secondary Literature & Sources

Secondary literature

- Bloch, A. "Migrants and Asylum-Seekers". In Alcock, P., May, M. & Rowlingson, K. "The Student's Companion to Social Policy". Oxford: Blackwell Publishing (2008): 410-417.
- Dummett, A. "United Kingdom". In Bauböck, R., Ersbøll, E., Groenendijk, E., & Waldrauch, H. "Acquisition and Loss of Nationality: Country Analyses. Policies and Trends in 15 European Countries". Amsterdam University Press, Amsterdam (2006): 151-585.
- Walmsley, A.: "British Policy on Nationality". In O'Leary, S., & Tiilikainen, T. "Citizenship and the Nationality Status in the new Europe". The Institute for Public Policy Research: London (1998). 17-122.

Author

Alyson Silkowski
London School of Economics

Data collected in the framework of the Population and Policy Database

Cite as

SPLASH-db.eu (2012): Policy: "An Act to make provision about nationality, immigration and asylum; to create offences in connection with international traffic in prostitution; to make provision about international projects connected with migration; and for connected purposes" (Information provided by Alyson Silkowski). Available at: https://splash-db.eu [Date of access].