JCWI Press Releases

Monday 6 February 2006

Kids' citizenship: caught in anti-terror net?

Anti-terror clauses in immigration bill could affect children's citizenship, campaigners worry

Media contact: Rhian Beynon
Telephone: 020 7553 7464/07910 248417

Legislation before Parliament tomorrow (Tuesday), which was originally anti-terrorist in purpose, could mean that in future some babies less than 12 months old have to demonstrate their good character before they obtain British citizenship they are currently entitled to. Some older children who have the right to citizenship could be similarly affected, say campaigners JCWI.

The citizenship clauses of IAN (Immigration Asylum and Nationality Bill), originally aimed at tackling terrorism and serious crime, will be debated by the Lords. The Home Office has recently responded to campaigners' and Lords' concerns on the Bill by offering a number of important concessions. For example last week the Minister Baroness Ashton promised the Bill will be changed so that British Overseas Citizens without any other citizenship will not be subjected to the good character test before registering for British citizenship as she had previously proposed.

However JCWI remains concerned at IAN's possible effects on children and some adults. Children who could be adversely affected by the Bill include those born in the UK to parents who later settle here. In future all such children will be subject to a good character test before being granted citizenship. Other children affected include those born abroad to certain British parents and those who obtained their right to citizenship through long residence in the UK.

A common example may be someone born in Bangladesh to a man who obtained his citizenship in the UK, and then joins their father here as a young child. Although the person is automatically British, he or she cannot pass on their British citizenship to their own children born abroad. The child born to such an individual could be subject to the good character test.

That means that technically babies with a British parent would be subject to the good character test. The Minister has agreed that this would be "silly" and has promised that it will not happen in practice - but so far has not changed the Bill wording. JCWI is worried that older children entitled to register by having a British parent could jeopardise their registration if , for example, they are made the subject of an anti-social behaviour order.

Tauhid Pasha, Legal and Policy Director of the Joint Council for the Welfare of Immigrants, said:

"The original intention behind these clauses was to tackle terrorism and serious crime, but they could put an extra hurdle in the way of children and young people wanting to register for citizenship

"These children currently have a right to citizenship and should not have to go through a highly subjective test which puts at risk this right. We believe these measures are is in danger of sending young people the wrong messages on equality, integration and citizenship."

Certain adults who have a right to register as British citizens because their mother was British will also be put through this new test. The right to register was introduced in 2002 to counter a previously discriminatory measure. To make them now take this test waters down this right. JCWI is campaigning against these and a number of other complex measures in the IAN Bill relating to the deprivation and acquisition of British citizenship, some of which relate to measures in the new Terrorism Bill.

Notes to editors.

The affected groups:

CHILDREN

1) Those entitled to citizenship because they are born in UK and their parents have become settled after their birth -e.g. children of refugees; or work permit holders / students who had temporary stay at time of child's birth. The children have a right to register any time up to their 18th birthday.

2) Children born in UK and have lived here for the 1st ten years of their life. They didn't get citizenship automatically at birth because their parents were not settled here. These children have a right to register irrespective of their parents' status. Their parents may have died, gone away, been deported etc. There is no age limit to register.

3) Children born abroad to British parents who cannot pass on their citizenship automatically to their children because they themselves are 'British by descent' i.e. the parents were born abroad but came to the UK to live for a period of at least 3 years. These children have to make an application within 12 months of their birth. There are 'special circumstances' when they can apply up to the age of 6 years - e.g. parent dies or divorce.

4) Children born abroad to parents as in 3) above and they all come back to the live in the UK for 3 years prior to the application. They can apply up to the age of 18.

ADULTS

1) Those born abroad to a British mother have a right to register if they were:
-born before 1983 (anyone born after this date could inherit through both parents, before this date they could only obtain it through their father - this was inherently discriminatory and so the law was changed in 1981)
- after 7/2/61 (This provision was introduced in the 2002 Act to provide redress for those who were victims of the pre 1981 discriminatory laws. Now to introduce a good character test in an age of anti-discrimination waters down the 2002 provision)

2) British Overseas Citizens and other secondary types of British national (British Protected Persons, British subjects, British Nationals (Overseas)) now, under the 2002 Act, have a right to register in certain circumstances if they have no other citizenship - the famous 'righting a historical wrong' provision. There is an older provision giving a right for these types of British national to register if they have been settled in the UK for 5 years. This group, because of their special nationality status didn't have to jump through the hoops of naturalisation like other foreign nationals. Now though - with this good character test - they are effectively going to have to satisfy the same requirements as naturalisation (except for the language and culture test). Why? It negates British policy towards this group of people.

3) British Overseas Territories Citizens (BOTCs) - were given the right to register by Clare Short following the eruption of the volcano in Montserrat in 2001/02 so they can come to the UK. Why are they are now being made subject to this test?