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Article Excerpt
Abstract
Citizenship and naturalization procedures in the UK are examined in historical perspective. Recent legislation is reviewed in the light of global change. The implication of membership in the European Union is examined. The differential treatment of Commonwealth citizens and former colonial subjects is reviewed, as well as human rights questions raised by the treatment of asylum seekers. As a result of globalization, Britain is experiencing the same contradictory forces as other advanced industrial societies. Demographic and economic forces promote immigration, which is resisted for a combination of security fears and ethnocentric attitudes.
Resume
Cet article examine les procedures pour l'obtention de la citoyennete et de la naturalisation au Royaume Uni dans une perspective historique. A la lumiere de changements qui interviennent au niveau global, il passe en revue les lois adoptes recemment. Il examine aussi les implications de l'adesion du pays a l'Union Europeenne. Il passe ensuite en revue le traitement preferentiel accorde aux citoyens des pays du Commonwealth et des anciennes colonies, ainsi que les questions de droits humains soulevees par le traitement reserve aux demandeurs d'asile. La globalisation expose la Grande Bretagne aux memes vents contradictoires qui affectent les autres socie tes industrielles avancees. Les forces demographiques et economiques promouvoient l'immigration, alors qu'une combinaison de peurs securitaires et d'attitudes ethnocentriques suscite de la resistance.
The combined effects of globalization, the end of the "Cold War," and demographic pressures have given rise to unprecedented population movements in the last decade. When terrorism and security concerns are added to the picture, there is growing pressure to impose strict measures to control admission to advanced industrial countries. The growing number of asylum seekers raises questions of citizenship, naturalization, permission to remain, and the right to work, as well as eligibility for social services, including education, health, and welfare. Nowhere is the consequent crisis more evident than in Britain. Delays in processing asylum applications and tough measures designed to deter so called "economic migrants" raise fundamental issues concerning due process and human rights.
Citizenship and Naturalization
Britain may be understood as the United Kingdom, including England, Scotland, Wales, and Northern Ireland, but excluding the Channel Islands, former colonies, dependent territories, and independent members of the Commonwealth. Originally, Britain used the term "subject" rather than "citizen." The latter term has its roots in the republican tradition, rather than the monarchical system. Subjects have legal obligations to a sovereign power. Citizens may have obligations, but they also have rights enforceable by law. In some cases they may be able to appeal beyond their own country's courts to a higher authority that has been recognized by treaty. In the case of Britain, this includes the UN, the European Union, and the European Commission on Human Rights, which has a recognized jurisdiction.
Before 1948, all people born in countries that were once part of the British Empire were "British subjects" and had the same legal status. The first legislation using the term "citizenship" was the British Citizenship Act of 1948, which created the status of "Citizen of the United Kingdom and Colonies." Under this Act people from former colonies and self-governing countries of the Commonwealth such as Canada, Australia, New Zealand, Ireland, India, and Pakistan could register as Citizens of the UK and Colonies. Granting citizenship by registration was so that an adult citizen of self-governing countries of the Commonwealth, Ireland, and the colonies, who needed to ordinarily reside in the United Kingdom, and had done so for at least twelve months prior to registration, could remain in the country and exercise the franchise, etc. This applied to everyone born in Britain and in British colonies, former colonies, and dominions, whether or not they also had citizenship in their own countries (such as Canada and Australia), or newly independent ones such as India and Pakistan. Initially, this gave the right of entry to and residence in Britain, but this was amended by later immigration legislation.
The Nationality Act of 1981, which came into force in 1983, abolished the category of "Citizen of the United Kingdom and Colonies." Three new categories were created, introducing a significant element of discrimination against former colonial subjects. These were: (a) British citizenship (which applied to those with a close connection with the United Kingdom but not necessarily to everyone born there); (b) British Dependent Territories citizenship (which included Gibraltar and the Falkland Islands); and (c) British Overseas citizenship (which applied to those former citizens of the UK and colonies who had no close connection with the United Kingdom itself). Other categories included British protected persons. Meanwhile, immigration controls had been introduced, so that admission to Britain by former colonial subjects ceased to be a right and became subject to regulation.
The 1981 legislation set out requirements for naturalization. (1) In summary, each applicant must:
* be aged 18 or over;
* have completed five year's continuous residence
* either meet the "five years residence" requirements or be employed overseas in Crown service under the UK Government;
* be of good character;
* have a...
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