Legislative Scrutiny: Nationality and Borders Bill (Part 1) – Nationality Contents


Amendment 1

Omit clause 3(4)

Explanation: This would remove the good character requirement for a person applying for British overseas territories citizenship who has previously been discriminated against where this could perpetuate that discrimination.

Amendment 2

Insert a new clause (7A):

“In section 44A of the British Nationality Act, delete “may” and insert “should”.

Explanation: This would require the Secretary of State to waive the requirement for a person to have full capacity if it is in that person’s best interests to do so.

Amendment 3

Delete clause 9

Explanation: This would remove clause 9 which adds additional barriers to a child born in the UK who is stateless from obtaining British citizenship.

Amendment 4

In clause 9(4), add in new paragraph 3A, sub-paragraph (2) of Schedule 2 BNA:

“(d) in all the circumstances, it would be in the best interests of the child for it to acquire the nationality in question”.

Explanation: This ensures that the best interest of the child are central to decision-making in deciding whether to grant or decline an application for British citizenship by a stateless child who was born in the UK.

Amendment 5

In clause 9(4), in new paragraph 3A, sub-paragraph (2) (b) of Schedule 2 BNA, after “birth” add:

“without any legal or administrative barriers”.

Explanation: This ensures that, in compliance with Article 1 of the 1961 UN Statelessness Convention, British citizenship is only withheld from a stateless child born in the UK where the nationality of a parent is available to the child immediately, without any legal or administrative hurdles.

Published: 9 November 2021 Site information    Accessibility statement