The British Nationality (Regularisation of Past Practice) Act 2023 is an act of the Parliament of the United Kingdom which clarifies the status of people born in the UK to EU, EEA and Swiss nationals between certain dates after a High Court case created doubts over their status.
| Act of Parliament | |
 | |
| Long title | An Act to make provision for immigration restrictions to be disregarded for the purposes of the British Nationality Act 1981 in historical cases in which such restrictions were in practice disregarded. |
|---|---|
| Citation | 2023 c. 27 |
| Introduced by | Suella Braverman, home secretary (Commons) Lord Murray of Blidworth, Parliamentary Under-Secretary of State for Migration and Borders (Lords) |
| Territorial extent |
|
| Dates | |
| Royal assent | 11 May 2023 |
| Other legislation | |
| Relates to | British Nationality Act 1981, The Immigration (European Economic Area) Regulations 2000 |
Status: Current legislation | |
| History of passage through Parliament | |
| Text of statute as originally enacted | |
| Text of the British Nationality (Regularisation of Past Practice) Act 2023 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
Background
editRoehrig v Secretary of State for the Home Department
editA High Court case, handed down on 20 January 2023, declared that for many years, the Home Office had been misapplying the British Nationality Act 1983 to the children of EU, EEA and Swiss nationals, on the basis that those citizens were "settled" even though they were not by a later interpretation of the law.[1] The Home Office described the ambiguous situation created by the case as a "technical issue".[2]
Certain individuals were at risk of being deported on the basis that they were no longer considered to be British citizens.[3]
Regulations enacted in 2000 established that from 1 October 2000 EU, EEA and Swiss citizens would have to acquire indefinite leave to remain to be considered "settled".
Provisions
editThe Act has different "remedial periods" for those living in UK, Jersey, Guernsey or the Isle of Man due to differences in policy in each jurisdiction at the time.[4] For the UK, the remedial period was 1 January 1983 to 1 October 2000.[5]
Legislative passage
editA House of Lords briefing paper mentioned that officials in the governments of the Channel Islands and the Isle of Man had been consulted.[4]
The bill was fast-tracked, on the basis that the bill was simple, preserves the status quo and has no financial or devolution impacts.[4]
Reception
editThe Act is supported by the Amnesty UK, the Project for the Registration of Children as British Citizens and the Immigration Law Practitioners' Association.[6][7]
Further developments
editThe States of Jersey indicated the intention to enact a similar law for Jersey.[8]
See also
editReferences
edit- ^ Welsh, Alice (2023-02-28). "Why thousands of people who thought they were British could lose their citizenship". The Conversation. The Conversation Trust (UK) Limited. Retrieved 2024-10-18.
- ^ "British Nationality (Regularisation of Past Practice) Bill confirms citizenship of children born to EU parents following doubts in Roehrig judgment". Electronic Immigration Network. 2023-05-24.
- ^ Boffey, Daniel (2023-12-27). "British-born man who has never left UK faces deportation". The Guarian. Guardian News & Media Limited.
- ^ a b c Taylor, Russell (2023-06-14). "British Nationality (Regularisation of Past Practice) Bill: HL Bill 144 of 2022–23" (PDF). House of Lords Library. Retrieved 2024-10-18.
- ^ McKinney, CJ (2023-06-01). "British Nationality (Regularisation of Past Practice) Bill 2022-23" (PDF). House of Commons Library. Retrieved 2024-10-18.
- ^ "British Nationality (Regularisation of Past Practice) Bill". Amnesty UK. 2023-06-06. Retrieved 2024-10-18.
- ^ "British Nationality (Regularisation of Past Practice) Bill" (PDF). Amnesty UK. 2023-06-21.
- ^ "Chief Minister proposes extension of UK legislation covering British citizenship". Jersey Evening Post. 2024-08-20.