Policy paper

British Nationality (Regularisation of Past Practice) Act: factsheet

Updated 29 June 2023

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This publication is available at https://www.gov.uk/government/publications/british-nationality-regularisation-of-past-practice-bill-factsheet/british-nationality-regularisation-of-past-practice-bill-factsheet

This act makes a change to the British Nationality Act 1981 to clarify the status of people born in the UK to EU, EEA and Swiss nationals between specified dates.

Summary

  • The British Nationality Act 1981 sets out who is a British citizen.
  • Under that act, an individual who is born in the UK is a British citizen automatically from birth where one of their parents is British or settled here.
  • Between 1 January 1983 and 1 October 2000, EU, EEA and Swiss nationals were considered settled if they were living in England, Scotland, Wales or Northern Ireland and exercising a free movement right there.
  • The British Nationality (Regularisation of Past Practice) Act 2023 confirms this position in law.
  • This protects the nationality rights of people born in the UK to a parent who was considered settled on the basis of exercising a free movement right, and those who registered or naturalised as British citizens on the basis of that policy.
  • This change does not create ‘new’ British citizens. This is about protecting the citizenship of individuals we had long considered British already under established Home Office policy.

The act also clarifies when EU, EEA and Swiss nationals could be considered settled on the basis of exercising an equivalent right in Jersey, Guernsey and the Isle of Man. For more information on which dates apply in those locations, please refer to the published Treaty Rights guidance.

Why have we done this

  • The Home Office identified a technical issue with the legality of the previous policy.
  • This suggested that EU, EEA and Swiss nationals should not have been considered settled solely on the basis of living in the UK and exercising a free movement right here. We wanted people who have been considered British by successive governments based on that policy to be reassured that they would not lose that status. The act confirms they are British citizens in law and have always been so (or since the date of their naturalisation or registration, if applicable).
  • We have reflected in primary legislation a position that has existed in policy and guidance for several decades.

What you need to do

  • If you already have a British passport on the basis of being born to a settled EU, EEA or Swiss parent during the relevant period, you are not required to do anything in response to these changes. The legislation preserves the position you have always been in.
  • Anyone previously issued with a British citizen passport can apply to renew it as they normally would.
  • If you are British on the basis of having had a settled EEA or Swiss parent in the relevant period but never had a British passport, you can also apply for your first passport.
  • If you naturalised or registered as a British citizen on the basis that you were a settled EEA or Swiss national during the relevant period, you are still British. Decisions made by the secretary of state are not affected. You can apply for a passport but do not need to unless required for travel.
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