British Citizenship and Common Wealth Summarised Notes for the Immigration Law module, LLB, at City, University of London - can of course be used for other universities as well! Should be used with the full bundle of notes! Achieved a high First Class with these very well structured notes!
THE END OF EMPIRE: BRITISH CITIZENSHIP AND THE COMMONWEALTH
INTRODUCTION TO BRITISH CITIZENSHIP
Not British just by being born in Britain
Prior to 1962 all nationals of a Commonwealth country – “Commonwealth citizens” with those
born in UK and colonies considered British subjects had right enter Britain without restriction
Only aliens were restricted
Post war period – decolonisation, beginning with India and Pakistan 1947
1948 BRITISH NATIONALITY ACT –created a concept of “citizenship” – “citizen of the UK and
colonies – CUKC” that sat alongside British “citizenship”
EXAMPLE – Australian would be an Australian (independent country) subject to British status
Jamaican would be a CUKC status and become Jamaican but still be British subjects with the right
to enter the UK freely – the right to abode
The idea of Commonwealth was built on this attachment to mother country for all parts of Empire
Britain began to look towards Europe as main focus from 1957 with TREATY OF ROME removal
of right to abode 1962- 1971 marked beginning modern British politics of restrictive immigration
1962 Act took away automatic right of residence for Commonwealth citizens and CUKC’s did not
have a passport issued by UK HIGH COMMISSION rather than the local colonial office
1968 – Went further and restricted those who were still CUKC’s with passports issued by the HIGH
COMMISSION in EAST AFRICA – These people had no nationality because upon independence they
had not acquired the new independent African country’s nationality
The policy of “Africanisation” meant that they were not welcome in the new countries
1968 Common Wealth Immigrants Act created a hierarchy amongst UK citizens with many
unable to come to the UK – a unique situation
Initially aimed at Afro-Caribbeans + Asians – All Commonwealth citizens have now become much
closer to aliens in status – only a small number with a direct connect to UK now right to abode
The position of Irish citizens remained favourable + citizens of EU given similar privileges 1971
PRE-1948
The Empire ruled half of the world – millions of people her Majesty’s subject – British subjects
Everyone seen as equal – If working in fields or a Lord – Equality and were a British subject
Free movement within Empire, anyone born in her majesty’s realm (or parents born, so could be
passed on) British subjects, not alien, no concept of “citizenship”
Calvin Case [1608]: Confirmed a person born in Scotland after union of England + Scotland was a
subject of the monarch (was codified in British nationality and Status of Aliens Act 1914) First
clear legal confirmation of principle anyone born in monarch’s realm was a subject
Shah (2000) – Non-white British people were subjected to institutionalised racial prejudice
Second World War – British nationality law gradually became more restrictive
BRITISH NATIONALITY ACT (BNA) 1948 created first type of citizenship of UK and colonies But
Britain began to close doors to overseas British nationals from the 1960s onwards
1983 –principle of JUS SOLI was removed from British law marking a great break of principle by
removing automatic entitlement to British nationality from those born in the UK
BNA 1948 Created statutory right – CITIZEN OF UNITED KINGDOM COLONY – CUKC
When India and Pakistan separate they were creating their own citizenship
Britain needed to create a nationality – CUKC was created
New countries – independent nations became new countries with own nationality – they didn’t
lose their British subject status –carried “dual nationality”
COMMONWEALTH – “Her majesty’s family” – Are still welcome
BRITISH NATIONALITY IN TRANSITION – RESTRUCTURING THE EMPIRE
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, - British nationality originally based on birth in land controlled by monarch – wherever it was
- Second World War distinction between UK based and non-UK based British people began to be
drawn – Former colonies became independent
- The BNA 1948 retained overall status of “subject” for all British people in Empire but
superimposed on it the new British law idea of citizenship
- The idea was that people would be either citizens of UK and Colonies (CUKCs) in the UK or where
their countries of residence remained colonies or where their countries gained independence –
they would be citizens of those countries and British subjects as well
- CUKC people born, adopted, registered or naturalised in UK or colonies or father such a person
- Some people – however fell outside both categories of citizenship if their country of residence
became independent but for some reason they did not gain citizenship of it
- These people became British subjects without citizenship
- Those who were connected with protectorates were CUKCs but BRITISH PROTECTED PERSONS
(BPPs) and as this status could not be transmitted to children now few of them left
THE END OF EMPIRE – THE COMMONWEALTH IMMIGRANTS ACTS AND THE EAST AFRICAN ASIANS
After war, rebuild Britain, inviting labour immigration – mainly British Caribbean in 1950s
Africanisation – Making something African or African characteristics Many decided against
renounce status as CUKCs or even BPPs in favour of the new African citizenship so that if life
became too difficult they could go to the UK
Windrush was a ship used during war for troops, but after used it to move people to the country –
a lot of negative views in the public, a lot of racists etc
Post-war building –UK began to close borders to British nationals form outside the UK
Began with restrictions on non-white immigration from Africa= growing racial tension
1962 COMMONWEALTH IMMIGRANTS ACT made British subjects to immigration control unless
they had a UK passport issued by UK government rather than government of a colony or by a High
Commission even in a colony - British citizens also retained the right of abode
1968 COMMONWEALTH IMMIGRANTS ACT then divided CUKCs to those can enter + no enter
Speech made by ENOCH POWELL, MP FOR WOLVERHAMPTON – “RIVERS OF BLOOD” SPEECH –
Talked of rioting by white people against non-white population unless immigration was stopped
COMMONWEALTH IMMIGRANTS ACT 1968 passed – Effects of the Act remained in place and
were consolidated in the IMMIGRATION ACT 1971 – which is still in force
The effect of these Acts divide British people into those who had “right of abode” in UK and those
who were subject to immigration control – former being described in S.2 1971 ACT “patrials”
The right of abode more restricted for Commonwealth citizens who had it if they had a parent
born or adopted in the UK or were married to Patrial men – S.2
PATRIAL= A person with right to live in UK through British birth of a parent or grandparent
The ancestral connection for Commonwealth citizens needed to be closer than to get right abode
Immigrants went to live in cheaper areas of UK – landlords cramming people, fights between white
and black people –government started to question whether should have free movement
East African Asians v UK [1981] – Challenged S.1 1981 ACT – before the ECHR
- Group of Asian men, United Kingdom citizens complained with other things ARTICLE 8 rights to
respect for family life infringed when refused to enter UK to join their wives it was breaching
Art.3 of degrading treatment as it was excluding people based on race –government did not
change anything, it was just an opinion, most of the ban continued
- ARTICLE 3 –no one should be subject “torture or to inhuman treatment or punishment”
- Decision was historical importance – statute was passed with a racial motive
- Government denies this on basis it passed defining who “belongs” to UK and not based on colour
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