This Bloomsbury Professional book is a ground-breaking and innovative work and the pre-eminent guide to British nationality and citizenship. The leading authority on British nationality law, Laurie Fransman QC, provides clear and authoritative guidance on the law concerning the meaning of British nationality, who has British nationality and how British nationality is acquired and lost. The book covers the British Overseas Territories Act 2002, the Borders, Citizenship and Immigration Act 2009 and other relevant legislation. It addresses the coalition government's nationality policies and the impact of EU law on citizenship. The author also considers the post-9/11 amendments to naturalisation requirements and the deprivation of nationality. The fully revised and updated third edition firmly establishes this text as the undisputed, definitive work on British nationality law and a 'must-have' reference source for all those involved in nationality and related immigration and human rights issues. As no new primary legislation is being considered for the foreseeable future, this is the ideal time to invest in this essential resource, which will be indispensable for years to come.
"Having described the second edition of this book as a 'Bible' in the New Law Journal at the time, I have tried to search for another superlative term, and the best I can think of is to call it an authoritative treatise par excellence of British nationality law...we are now presented with a most comprehensive textbook on the subject... that will surely endure for a long time!" Journal of Immigration, Asylum and Nationality Law, 2011
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Part I Nationality at state, European Union and international levels
Part II British subjects to British citizens
Section A British nationality law prior to 1983
Chapter 4 Introduction: preliminary concepts and 'status tracing'
4.1 The evolutionary nature of British nationality law: the need to know
4.3 'Acquisition rules' (including jus soli and jus sanguinis) and 'loss rules'
4.4 Automatic (ex lege) and non-automatic (by entitlement or discretionary) processes
4.5 Re-classification at midnight on 31 December 1948, 31 December 1982 and 20 May 2002
Chapter 7 The law between 1948 and 1983: introduction and the re-classification of British subjects
Chapter 8 The law between 1948 and 1983: the acquisition and loss rules
8.2 Acquisition of citizenship of the UK and Colonies: birth and adoption
8.3 Acquisition of citizenship of the UK and Colonies: descent
8.4 Acquisition of citizenship of the UK and Colonies: naturalisation
8.5 Acquisition of citizenship of the UK and Colonies: registration
8.6 Acquisition of citizenship of the UK and Colonies: incorporation of territory
8.10 British subjects with citizenship of the Republic of Ireland: acquisition and loss
8.12 Citizens of Commonwealth countries: acquisition and loss
Chapter 9 The law between 1948 and 1983: separate development of the right of abode
9.1 The significance of immigration status and the Commonwealth Immigrants Acts 1962 and 1968
9.2 'Patriality' or the 'right of abode in the UK' under Immigration Act 1971, s2
9.3 The 'right of abode' and 'right to readmission' compared
9.4 The function and dysfunction of the right of abode provisions in practice
9.5 Patriality procedure, evidence and appeals: 1 January 1973 to 31 December 1982
Section B British nationality law since 1983
Chapter 13 The different qualities of residence for the purposes of the British Nationality Act 1981
Chapter 14 Acquisition of British citizenship: birth, abandonment and adoption
Chapter 16 Acquisition of British citizenship: naturalisation
16.1 Key statutes, their commencement dates and the layout of this chapter
16.2 Overview: naturalisation pre-1983, from 1983 and after commencement of the BCIA 2009
Section A Pre-BCIA Cases: Naturalisation under the BNA 1981 prior to the BCIA 2009
16.3 Naturalisation generally, prior to the BCIA 2009 – the two stages and discretion
16.4 The naturalisation requirements, prior to the BCIA 2009
16.5 Unwaivable requirements and multiple eligibility under the 1981Act, prior to the BCIA 2009
16.7 The residence (or alternative) requirements, prior to the BCIA 2009
16.9 The language and knowledge of life in the UK requirements, prior to the BCIA 2009
16.11 Naturalisation and tax residence/domicile, prior to the BCIA 2009
16.12 Final steps (fees, oath, pledge, citizenship ceremony), prior to the BCIA 2009
Section B Post-BCIA Cases: Naturalisation under the BNA 1981 as amended by the BCIA 2009
16.20 The naturalisation requirements, following the BCIA 2009
16.21 Unwaivable requirements and multiple eligibility under the 1981 Act, following the BCIA 2009
16.22 The full capacity requirement, following the BCIA 2009
16.23 The residence (or alternative) requirements, following the BCIA 2009
16.24 The good character requirement, following the BCIA 2009
16.25 The language and knowledge of life in the UK requirements, following the BCIA 2009
16.28 Compatibility of the BNA 1981 with the Refugee Convention, following the BCIA 2009
Chapter 17 Acquisition of British citizenship: registration
17.1 BNA 1981 and other Acts; 'transitional' or 'permanent'; 'discretionary' or 'by entitlement'
17.2 Citizens of Commonwealth countries (1949–1982 and transitional)
17.4 Wives of citizens of the UK and Colonies/British citizens (1949–1982 and transitional)
17.8 Children born outside the UK to members of the armed forces
Chapter 18 Acquisition of British citizenship: incorporation/annexation of territory
Chapter 19 Loss and resumption of British citizenship and loss of the right of abode
Section C Practice, procedure, evidence and appeals
Chapter 23 Appealing (or otherwise challenging) rejected claims and refused applications
23.1 Statutory appeals, other challenges and the appellate authority's nationality jurisdiction
23.2 Appeal rights under IA 1971, from 1 January 1973 to 1 October 2000
23.6 Appealing a refused 'certificate of confirmation' before 1 August 1988: IA 1971, s13(2)
23.7 Appeal rights under IAA 1999, from 2 October 2000 to 31 March 2003
23.18 Reasons for refusing naturalisation and registration; judicial review of such decisions
23.19 Declarations – where a person has a legal right to citizenship
Chapter 24 Passports and prerogative, Protection and Travel Documents
Part III Catalogues