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Recent update to UK citizenship law

Rebecca Mordechay
Rebecca Mordechay

Lilian Granovsky

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New British Nationality Provisions were recently put into place, changing the UK citizenship law to broaden post-Brexit residence options for EU citizens. Our law office specializes in immigration to and residence in the United Kingdom. As the UK disengages from the European Union, we constantly update our clients on the best way to receive visas to the UK or British citizenship.

Background

    In the past, there was a lot discrimination faced by those who were born to British parents outside of marriage. This, as well as gender discrimination against those whose mother was a British citizen but father was a foreign citizen, affected those with connections to British Overseas Territories, including the grandparental generation, and more.

Recent changes to UK citizenship law eliminated these outdated problems, and opened new options for acquiring British citizenship. In this article, we will survey the changes and how they help our clients get a UK passport.

UK citizenship law

Historical Discrimination

    UK citizenship applicants in the past were judged not only based on their eligibility for citizenship, but also different factors were considered in the process that allowed for discrimination to prevent certain groups of people from succeeding in this process. Firstly, there was gender discrimination that existed in the past, preventing many people from obtaining citizenship. The new laws prohibit such discrimination. Further, the children of unmarried parents were also discriminated against as “bastards” preventing this group of people from obtaining citizenship also.

    The new Nationality Provisions created on June 28, 2022, allow applicants who can prove that were unable to obtain citizenship in the past, due to these discriminatory factors, to now receive their citizenship. Such applicants will be exempt from English Language and Civil Integration tests.

Overseas and European Union Citizens Provisions

    These new provisions also benefit those who are citizens of British overseas territories or descendants of citizens of said BOTs. Those whose grandparents were citizens of United Kingdom Overseas Territories will now also face less discrimination in the application process for British Citizenship.

    New clarifications were also put into place in regards to long term residence of the UK. The home office can approve naturalization applications without checking if any breaches of the law occurred in the past. This benefits those of the European Economic Area, who were previously prevented from applying for citizenship in the UK.

Outcome

    The purpose of these new provisions is to broaden access to citizenship in the UK and seek to correct the current effects of historical legislation discrimination; several different categories of individuals will benefit from this change.

 UK citizenship law

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