The British Nationality (Irish Citizens) Act 2024 received royal assent on 24 May of this year. While it has not yet come into force, the amendments it makes to the British Nationality Act 1981 will provide an alternative and less stringent route to British citizenship for Irish citizens.
Background to the British Nationality (Irish Citizens) Act 2024
Irish citizens already have the right to travel to and reside in the UK without needing leave to enter or remain, except in limited cases (such as when the Secretary of State deems it "conducive to the public good" to deny entry). However, previously most Irish citizens seeking British citizenship had to apply for naturalisation under Section 6(1) or Section 6(2) of the British Nationality Act 1981. This process required a fee (currently £1,630) and the passing of the Life in the UK Test. The new Act offers an alternative pathway, allowing Irish citizens to apply to register as British citizens instead.
The Act addresses concerns raised by the Democratic Unionist Party (DUP) about the disparity in the treatment of Irish citizens wishing to naturalise as British citizens, and British citizens born in Northern Ireland wishing to obtain Irish citizenship. As summarised here, most individuals born in Northern Ireland acquire Irish citizenship automatically at birth. This means that they can simply make a passport application, which is considerably easier than the costly naturalisation process required for Irish citizens who wished to obtain British citizenship. In 2021, the House of Commons Northern Ireland Affairs Committee recommended abolishing naturalisation fees and the Life in the UK Test for Irish citizens, in recognition of the historical ties between the UK and the Republic of Ireland.
Initially, the UK government responded to the House of Commons Northern Ireland Affairs Committee by arguing that different fee levels for Irish nationals would be unfair and by continuing to emphasise the importance of the Life in the UK Test. However, in January 2024, the government committed to changing these arrangements, and the new Act reflects this commitment. In its 'Safeguarding the union' command paper, published on 31 January 2024, the government set out its support for a private members' bill proposed by the MP for Belfast East (Gavin Robinson) that was designed to remedy the disparity.
What is in the British Nationality (Irish Citizens) Act 2024?
The Act amends the British Nationality Act 1981 by inserting section 4AA. This allows an Irish citizen to register as a British citizen by entitlement if they meet the following requirements:
- They were in the UK at the beginning of the period of five years ending with the date of their application;
- They were absent from the UK for no more than:
- 450 days in the period of five years and
- 90 days in the period of 12 months ending with the date of their application.
- They were not in the UK in breach of immigration laws at any time in the five years ending with the date of their application.
Even if an applicant does not satisfy a requirement, the Secretary of State retains the discretion to treat them as having met the requirement based on 'the special circumstances of a particular case'.
It should be noted that the new section of the Act will be subject to sections 31, 32 and 36 of the Illegal Migration Act. This means that a person who is subject to a 'citizenship ban' under the Illegal Migration Act would not qualify under the relevant provisions for registration. Additionally, if an applicant is over 10 years of age, the Secretary of State must be satisfied that they are of 'good character'. This is a broad test, as set out in our previous post: Updated British Citizenship Good Character Guidance.
A fee will apply to registration under this section, which will be agreed and set out in secondary legislation. In the second reading of the Bill, it was recognised that, as this route would be straightforward, it could incur a lower fee. However, no firm decision has yet been made on the level of fees.
How Significant Are the Changes to British Citizenship for Irish Citizens?
Given that a number of the requirements for an application for registration as a British citizen under this provision mirror those that exist for an application for naturalisation, it may be thought that the Act is of limited significance. The residency requirements in the 5 years and 12 months prior to the date of application remain, as does the good character requirement. However, readers will note some practical advantages to the new route. There is no Life in the UK Test requirement, and no assessment of an applicant's future intentions. There is also the possibility of a reduced fee, though as set out above this is yet to be confirmed.
Further, the Act is in fact rather broader in its application than originally intended. In its draft form, the Bill would have applied only to people born in Ireland who resided in Northern Ireland thereafter. However, the Act only requires an applicant to be an Irish citizen on the date of application. This opens the route to Irish nationals who are residing outside of Northern Ireland, and also to Irish nationals who are not Irish by birth.
The Act is also symbolically significant. Gavin Robinson MP has argued that 31,000 people in Northern Ireland, along with around 260,000 across the UK, could benefit from the new route created by the Act. The Act is, in his words, "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 yet come into force. Provisions within the Act allow the Secretary of State to bring it into force at a later date. It remains to be seen when the changes will be made, and what the cost of such applications will be.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.