By Jasmine Theilgaard – Immigration Barrister
The British Nationality (Irish Residents) Act 2024 obtained royal assent on 24 Might of this 12 months. Whereas it has not but come into drive, the amendments it makes to the British Nationality Act 1981 will present another and fewer stringent path to British citizenship for Irish residents.
Backgspherical to the British Nationality (Irish Residents) Act 2024
Irish residents have already got the proper to journey to and reside within the UK with no need depart to enter or stay, besides in restricted instances (equivalent to when the Secretary of State deems it “conducive to the public good” to disclaim entry). Nevertheless, beforehand most Irish residents looking for British citizenship needed to apply for naturalisation underneath Part 6(1) or Part 6(2) of the British Nationality Act 1981. This course of required a charge (at present £1,630) and the passing of the Life within the UK Check. The brand new Act gives another pathway, permitting Irish residents to use to register as British residents as an alternative.
The Act addresses issues raised by the Democratic Unionist Social gathering (DUP) concerning the disparity within the therapy of Irish residents wishing to naturalise as British residents, and British residents born in Northern Eire wishing to acquire Irish citizenship. As summarised here, most people born in Northern Eire purchase Irish citizenship mechanically at delivery. Which means that they’ll merely make a passport utility, which is significantly simpler than the expensive naturalisation course of required for Irish residents who wished to acquire British citizenship. In 2021, the Home of Commons Northern Eire Affairs Committee really helpful abolishing naturalisation charges and the Life within the UK Check for Irish residents, in recognition of the historic ties between the UK and the Republic of Eire.
Initially, the UK authorities responded to the Home of Commons Northern Eire Affairs Committee by arguing that totally different charge ranges for Irish nationals could be unfair and by persevering with to emphasize the significance of the Life within the UK Check. Nevertheless, in January 2024, the federal government dedicated to altering these preparations, and the brand new Act displays this dedication. In its ‘Safeguarding the union’ command paper, revealed on 31 January 2024, the federal government set out its assist for a personal members’ invoice proposed by the MP for Belfast East (Gavin Robinson) that was designed to treatment the disparity.
What’s within the British Nationality (Irish Residents) Act 2024?
The Act amends the British Nationality Act 1981 by inserting part 4AA. This permits an Irish citizen to register as a British citizen by entitlement in the event that they meet the next necessities:
- They have been within the UK at the start of the interval of 5 years ending with the date of their utility;
- They have been absent from the UK for not more than:
- 450 days within the interval of 5 years and
- 90 days within the interval of 12 months ending with the date of their utility.
- They weren’t within the UK in breach of immigration legal guidelines at any time within the 5 years ending with the date of their utility.
Even when an applicant doesn’t fulfill a requirement, the Secretary of State retains the discretion to deal with them as having met the requirement primarily based on ‘the special circumstances of a particular case’.
It needs to be famous that the brand new part of the Act will probably be topic to sections 31, 32 and 36 of the Unlawful Migration Act. Which means that an individual who’s topic to a ‘citizenship ban’ underneath the Unlawful Migration Act wouldn’t qualify underneath the related provisions for registration. Moreover, if an applicant is over 10 years of age, the Secretary of State should be happy that they’re of ‘good character’. This can be a broad check, as set out in our earlier submit: Updated British Citizenship Good Character Guidance.
A charge will apply to registration underneath this part, which will probably be agreed and set out in secondary laws. Within the second studying of the Invoice, it was recognised that, as this route could be simple, it may incur a decrease charge. Nevertheless, no agency determination has but been made on the extent of charges.
How Important Are the Adjustments to British Citizenship for Irish Residents?
On condition that various the necessities for an utility for registration as a British citizen underneath this provision mirror people who exist for an utility for naturalisation, it could be thought that the Act is of restricted significance. The residency necessities within the 5 years and 12 months previous to the date of utility stay, as does the nice character requirement. Nevertheless, readers will word some sensible benefits to the brand new route. There is no such thing as a Life within the UK Check requirement, and no evaluation of an applicant’s future intentions. There’s additionally the opportunity of a diminished charge, although as set out above that is but to be confirmed.
Additional, the Act is in truth relatively broader in its utility than initially supposed. In its draft type, the Invoice would have utilized solely to folks born in Eire who resided in Northern Eire thereafter. Nevertheless, the Act solely requires an applicant to be an Irish citizen on the date of utility. This opens the path to Irish nationals who’re residing exterior of Northern Eire, and in addition to Irish nationals who usually are not Irish by delivery.
The Act can also be symbolically important. Gavin Robinson MP has argued that 31,000 folks in Northern Eire, together with round 260,000 throughout the UK, may gain advantage from the brand new route created by the Act. The Act is, in his phrases, “a great opportunity to attain a practical conclusion to a longstanding, principled and constitutionally and politically important campaign”.
As set out above, the Act has not but come into drive. Provisions throughout the Act enable the Secretary of State to carry it into drive at a later date. It stays to be seen when the adjustments will probably be made, and what the price of such functions will probably be.
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