British laws on nationality

Naturalization Act 1870 (33 Vict. cap. 14)

1.    This Act may be cited for all purposes as "The Naturalization Act, 1870."

Status of Aliens in the United Kingdom.

2.    Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject; and a title to real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in all respects as through, from, or in succession to a natural-born British subject: Provided,—
  1. That this section shall not confer any right on an alien to hold real property situate out of the United Kingdom, and shall not qualify an alien for any office or for any municipal, parliamentary, or other franchise :
  2. That this section shall not entitle an alien to any right or privilege as a British subject, except such rights and privileges in respect of property as arc hereby expressly given to him:
  3. That this section shall not affect any estate or interest in real or personal property to which any person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before the passing of this Act, or in pursuance of any devolution by law on the death of any person dying before the passing of this Act.

3.    Where Her Majesty has entered into a convention with any foreign state to the effect that the subjects or citizens of that state who have been naturalized as British subjects may divest themselves of their status as such subjects, it shall be lawful for Her Majesty, by Order in  Council, to declare that such convention   has   been entered into by Her Majesty; and from and after the date of such Order in Council, any person being originally a subject or citizen of the state referred to in such Order, who has been naturalized as a British subject, may, within such limit of time as may be provided in the convention, make a declaration of alienage, and from and after the  date of his so making such declaration such person shall be regarded  as  an alien, and as a subject of the state to which  he originally belonged as aforesaid.

A declaration of alienage may be made as follows ; that is to say,—
If the declarant be in the United Kingdom in the presence of any  justice of the peace, if elsewhere in Her Majesty's dominions in the presence of any judge of any court of civil or criminal jurisdiction of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions in the presence of any officer in the diplomatic or consular service of Her Majesty.

4.    Any person who by reason of his having been born within the dominions of Her Majesty is a natural-born subject, but who also at the time of his birth became under the law of any foreign state a subject of such state, and is still such subject, may, if of full age and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration of alienage such person shall cease to be a British subject Any person who is born out of Her Majesty's dominions of a father being a British subject may, if of full age, and not under any disability, make a declaration of alienage in manner aforesaid, and from and after the making of such declaration shall cease to be a British subject.

5.    From and after the passing of this Act, an alien shall not be entitled to be tried by a jury de medietate linguae, but shall be triable in the same manner as if he were a natural-born subject.
Expatriation.

6.    Any British subject who has at any time before, or may at any time after the passing of this Act, when in any foreign state and not under any disability voluntarily become naturalized in such state, shall, from and after the time of his so having become naturalized in such foreign state, be deemed  to have ceased to be a British subject and be regarded as an alien : Provided,—
  1. That where any British subject has before the passing of this Act voluntarily become naturalized in a foreign state and yet is desirous of remaining a British subject, he may, at any time within two years after the passing of this Act, make a declaration that he is desirous of remaining a British subject, and upon such declaration herein-after referred to as a declaration of British nationality being made, and upon his taking the oath of allegiance, the declarant shall be deemed to be and to have been continually a British subject; with this qualification, that he shall not, when within the limits of the foreign state in which he has been naturalized, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect:
  2. A declaration of British nationality may be made, and the oath of allegiance be taken as follows; that is to say,— if the declarant be in the United Kingdom in the presenceof a justice of the peace; if elsewhere in Her Majesty's dominions in the presence of any judge of any court of civil. or criminal jurisdiction, of any justice of the peace, or of any other officer for the time being authorized by law in the place in which the declarant is to administer an oath for any judicial or other legal purpose. If out of Her Majesty's dominions in the presence of any officer in the diplomatic or consular service of Her Majesty.

Naturalisation and resumption of British Nationality.

7. An alien who within such limited time before making the application herein-after mentioned as may be allowed by one of Her Majesty's Principal Secretaries of State, either by general order or on any special occasion, has resided in the United Kingdom for a term of not less than five years, or has been in the service of the Crown for a term of not less than five years, and intends, when naturalized, either to reside in the United Kingdom, or to serve under the Crown, may apply to one of Her Majesty's Principal Secretaries of State for a certificate of naturalization.

The applicant shall adduce in support of his application such evidence of his residence or service, and intention to reside or serve, as such Secretary of State may require. The said Secretary of State, if satisfied with the evidence adduced, shall take the case of the applicant into consideration, and may, with or without assigning any reason, give or withhold a certificate as he thinks most conducive to the public good, and no appeal shall lie from his decision, but such certificate shall not take effect until the applicant has taken the oath of allegiance.

An alien to whom a certificate of naturalization is granted shall in the United Kingdom be entitled to all political and other rights, powers, and privileges, and be subject to all obligations, to which a natural-born British subject is entitled or subject in the United Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect.

The said Secretary of State may in manner aforesaid grant a special certificate of naturalization to any person with respect to whose nationality as a British subject a doubt exists, and he may specify in such certificate that the grant thereof is made for the purpose of quieting doubts as to the right of such person to be a British subject, and the grant of such special certificate shall not be deemed to be any admission that the person to whom it was granted was not previously a British subject.

An alien who has been naturalized previously to the passing of this Act may apply to the Secretary of State for a certificate of naturalization under this Act, and it shall be lawful for the said Secretary of State to grant such certificate to such naturalized alien upon the same terms and subject to the same conditions in and upon which such certificate might have been granted if such alien had not been previously naturalized in the United Kingdom.

 8. A natural-born British subject who has become an alien in pursuance of this Act, and is in this Act referred to as a statutory alien, may, on performing the same conditions and adducing the same evidence as is required in the case of an alien applying for a certificate of nationality, apply to one of Her Majesty's Principal Secretaries of State for a certificate, herein-after referred to as a certificate of re-admission to British nationality, re-admitting him to the status of a British subject. The said Secretary of State shall have the same discretion as to the giving or withholding of the certificate as in the case of a certificate of naturalization, and an oath of allegiance shall in like manner be required previously to the issuing of the certificate.

A statutory alien to whom a certificate of re-admission to British nationality has been granted shall, from the date of the certificate of re-admission, but not in respect of any previous transaction, resume his position as a British subject; with this qualification, that within the limits of the foreign state of which he became a subject he shall not be deemed to be a British subject unless he has ceased to be a subject of that foreign state according to the laws thereof, or in pursuance of a treaty to that effect.

The jurisdiction by this Act conferred on the Secretary of State in the United Kingdom in respect of the grant of a certificate of re-admission to British nationality in the case of any statutory alien being in any British possession, may be exercised by the governor of such possession; and residence in such possession shall, in the case of such person, be deemed equivalent to residence in the United Kingdom.

9.    The oath in this Act referred to as the oath of allegiance shall be in the form following; that is to say,
" I                                         do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors, according to law.   So help me GOD."

National status of married women and infant children.

10.    The following enactments shall be made with respect to the national status of women and children :
  1. A married woman shall be deemed to be a subject of the state of which her husband is for the time being a subject:
  2. A widow being a natural-born British subject, who has become an alien by or in consequence of her marriage, shall be deemed to be a statutory alien, and may as such at any time during widowhood obtain a certificate of re-admission to British nationality in manner provided by this Act:
  3. Where the father being a British subject, or the mother being a British subject and a widow, becomes an alien in pursuance of this Act, every child of such father or. mother who during infancy has become resident in the country where the father or mother is naturalized, and has, according to the laws of such country, become naturalized therein, shall be deemed to be a subject, of the state of which the father or mother has become a subject and not a British subject:
  4. Where the father, or the mother being a widow, has obtained a certificate of re-admission to British nationality, every child of such father or mother who during infancy has become resident in the British dominions with such father or mother, shall be deemed to have resumed the position of a British subject to all intents :
  5. Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who during infancy has become resident with such father or mother in any part of the United Kingdom, shall be deemed to be a naturalized British subject.

Supplemental Provisions.

11.    One of Her Majesty's Principal Secretaries of State may by regulation provide for the following matters :—                                  
  1. The form and registration of declarations of British nationality:
  2. The form and registration of certificates of naturalization in the United Kingdom:
  3. The form and registration of certificates of re-admission to British nationality:
  4. The form and registration of declarations of alienage :
  5. The registration by officers in the diplomatic or consular service of Her Majesty of the births and deaths of British subjects who may be born or die out of Her Majesty's dominions, and of the marriages of persons married at any of Her Majesty's embassies or legations :
  6. The transmission to the United Kingdom for the purpose of registration or safe keeping, or of being produced as evidence, of any declarations or certificates made in pursuance of this Act out of the United Kingdom, or of any copies of such declarations or certificates, also of copies of entries contained in any register kept out of the United Kingdom in pursuance of or for the purpose of carrying into effect the provisions of this Act:
  7. With the consent of the Treasury the imposition and application of fees in respect of any registration authorised to be made by this Act, and in respect of the making any declaration or the grant of any certificate authorized to be made or granted by this Act.
The said Secretary of State, by a further regulation, may repeal alter, or add to any regulation previously made by him in pursuance of this Section.

Any regulation made by the said Secretary of State in pursuance of this section shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if it had been enacted in - this Act, but shall not so far as respects the imposition of fees be in force in any British possession, and shall not, so far as respects any other matter, be in force in any British possession in which any Act or ordinance to the contrary of or inconsistent with any such direction may for the time being be in force.

12.    The  following regulations shall be made with  respect to evidence under this Act:—
  1. Any declaration authorized to be made under this Act may be proved in any legal proceeding by the production of the original declaration, or of any copy thereof certified to be a true copy by one of Her Majesty's Principal Secretaries of State, or by any person authorized by regulations of one of Her Majesty's Principal Secretaries of State to give certified copies of such declaration, and the production of such declaration or copy shall be evidence of the person therein named as declarant having made the same at the date in the said declaration mentioned:
  2. A certificate of naturalization may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty's Principal Secretaries of State, or by any person authorized by regulations of one of Her Majesty's Principal Secretaries of State to give certified copies of such certificate:
  3. A certificate of re-admission to British  nationality may be proved in any legal proceeding by the production of the original certificate, or of any copy thereof certified to be a true copy by one of Her Majesty's Principal Secretaries of State, or by any person authorized by regulations of one of Her Majesty's Principal Secretaries of State to give certified copies of such certificate :
  4. Entries in any register authorized to be made in pursuance of this Act shall be proved by such copies and certified in such manner as may be directed by one of Her Majesty's Principal Secretaries of State, and the copies of such entries shall be evidence of any matters by this or by any regulation of the said Secretary of State authorized to be inserted in the register:
  5. The Documentary Evidence Act, 1868, shall apply to any regulation made by a Secretary of State, in pursuance of or for the purpose of carrying into effect any of the provisions of this Act.

Miscellaneous.

13.    Nothing in this Act contained shall affect the grant of letters of denization by Her Majesty.

14.    Nothing in this Act contained shall qualify an alien to be the owner of a British ship.

15.    Where any British subject has in pursuance of this Act become an alien, he shall not thereby be discharged from any liability in respect of any acts done before the date of his so becoming an alien.

16.    All laws, statutes, and ordinances which may be duly made by the legislature of any British possession for imparting to any person the privileges, or any of the privileges, of naturalization, to be enjoyed by such person within the limits of such possession, shall within such limits have the authority of law, but shall be subject to be confirmed or disallowed by Her Majesty in the same manner, and subject to the same rules in and subject to which Her Majesty has power to confirm or disallow any other laws, statutes, or ordinances in that possession.

17.    In this Act, if not inconsistent with the context or subject-matter thereof,—
" Disability" shall mean the status of being an infant, lunatic, idiot, or married woman :
"British possession" shall mean any colony, plantation, island, territory, or settlement within Her Majesty's dominions, and not within the United Kingdom, and all territories and places under one legislature are deemed to be one British possession for the purposes of this Act:
"The Governor of any British possession" shall include any person exercising the chief authority in such possession :
"Officer in the Diplomatic Service of Her Majesty" shall mean any Ambassador, Minister or Charge d'Affaires, or Secretary of Legation, or any person appointed by such Ambassador, Minister, Charge d'Affaires, or Secretary of Legation to execute any duties imposed by this Act on an officer in the Diplomatic Service of Her Majesty :
" Officer in the Consular Service of Her Majesty " shall mean and include Consul-General, Consul, Vice-Consul, and Consular Agent, and any person for the time being discharging the duties of Consul-General, Consul, Vice-Consul, and Consular Agent.

Repeal of Acts mentioned in Schedule.

18.    The several Acts set forth in the first and second parts of the schedule annexed hereto shall be wholly repealed, and the Acts set forth in the third part of the said schedule shall be repealed to the extent therein mentioned ; provided that the repeal enacted in this Act shall not affect—
  1. Any right acquired or thing done before the passing of this Act:
  2. Any liability accruing before the passing of this Act:
  3. Any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before the passing of this Act:
  4. The institution of any investigation or legal proceeding or any other remedy for ascertaining or enforcing any such liability, penalty, forfeiture, or punishment as aforesaid.

SCHEDULE.

Note.—Reference is made to the repeal of the "whole Act" where portions have been repealed before, in order to preclude henceforth the necessity of looking back to previous Acts.
This Schedule, so far as respects Acts prior to the reign of George the Second, other than Acts of the Irish Parliament, refers to the edition prepared under the direction of the Record Commission, intituled "The Statutes of the Realm ; printed by command of "His Majesty King George the Third, in pursuance of an Address of the House of " Commons of Great Britain,    From original Records and authentic Manuscripts."

PART  I. Acts wholly repealed, other than Acts or the Irish Parliament.


7 Jas. 1. c. 2          An Act that all such as are to be naturalized or restored in blood shall first receive the sacrament of the Lord's Supper, and the oath of allegiance, and the oath of supremacy.

11 Will. 3. c. 6 (a)        An   Act   to   enable   His   Majesty's natural-born subjects to inherit the estate of their ancestors, either lineal or collateral, notwithstanding their father or mother were aliens.

13 Geo. 2. c. 7           An Act  for naturalizing such foreign Protestants and others therein mentioned, as are settled or shall settle in any of His Majesty's colonies in America.

20 Geo. 2. c. .14         An Act to extend the provisions of an Act made in the thirteenth year of His present Majesty's reign, intituled " An Act for naturalizing foreign " Protestants and others therein mentioned, as " are settled or shall settle in any of His Majesty's "colonies in America, to other foreign Protestants who conscientiously scruple the taking of " an oath."

13 Geo. 3. c. 25         An Act to explain two Acts of Parliament, one of the thirteenth year of the reign of His late Majesty, "for naturalizing such foreign Protestants and others, as are settled or shall settle in " any of His Majesty's colonies in America," and the other of the second year of the reign of His present Majesty, "for naturalizing such foreign "Protestants as have served or shall serve as "officers or soldiers in His Majesty's Royal "American regiment, or as engineers in " America."

14 Geo. 3. c. 84        An Act to prevent certain inconveniences that may happen by bills of naturalization.

16 Geo. 3. c. 52   An Act  to   declare His   Majesty's natural-born subjects inheritable to the estates of their ancestors, whether lineal or collateral, in that part of Great Britain called Scotland, notwithstanding their father or mother were aliens.

6  Geo. 4. c.67       An Act to alter and amend an Act passed in the seventh year of the reign of His Majesty King James the First, intituled " An Act that all such "as are to be naturalized or restored in blood " shall first receive the sacrament of the Lord's "Supper and the oath of allegiance and the oath " of supremacy."

7  & 8 Vict. c. 66     An Act to amend the laws relating to aliens.

10 & 11 Vict. c. 83 .    . An Act for the naturalization of aliens.

PART II.   Acts of the Irish Parliament wholly repealed.


14 & 15 Chas. 2. c. 13 . An Act for encouraging Protestant strangers and other to inhabit and plant in the kingdom of Ireland.

2 Anne c. 14.    .    .    . An Act for naturalizing of all Protestant strangers in this kingdom.

19 & 20 Geo. 3. c. 29   . An Act for naturalizing such foreign merchants, traders, artificers, artizans, manufacturers, workmen, seamen, farmers, and others as shall settle in this kingdom.

23 & 24 Geo. 3. c. 38   . An Act for extending the provisions of an Act passed in this kingdom in the nineteenth and twentieth years of His Majesty's reign, intituled "AnAct for naturalizing such foreign merchants, " traders, artificers, artizans, manufacturers, workmen, seamen, farmers, and others as shall settle "in this kingdom."

36 Geo. 3. c. 48 .    .    . An Act to explain and amend an Act, intituled "An Act for naturalizing such foreign merchants, " traders, artificers, artizans, manufacturers, workmen, seamen, farmers, and others who shall "settle in this kingdom."

PART  III. Acts partially repealed.


Act
Extent of Repeal.
4 Geo. 1. c. 9. (Act of Irish Parliament.) An Act for reviving, continuing, and amending several statutes made in this kingdom heretofore temporary.  So far as it makes perpetual the Act of  2 Anne, c. 14.
6 Geo. 4. c. 50     An Act for consolidating and amending the laws relative to Jurors and Juries. The whole of sect. 47.
3 & 4 Will. 4. c. 91    An Act consolidating and amending the laws relating to Jurors and Juries in Ireland.
 The whole of sect. 37.


THE NATURALIZATION OATH ACT, 1870. 33 & 34 Vict. cap. 102.


1.    The power  of  making regulations  vested  in  one  of  Her  Majesty's Principal Secretaries of State by the Naturalization Act,
1870, shall extend to prescribing as follows :
  1. The persons by whom the oaths of allegiance may be administered under that Act:
  2. Whether or not such oaths are to be subscribed as well as taken, and the form in which such taking and subscription arc to be attested :
  3. The registration of such oaths :
  4. The persons by whom certified copies of such oaths may be given:
  5. The transmission to the United Kingdom for the purpose of registration or safe keeping or of being produced as evidence of any oaths taken in pursuance of the said Act out of the United Kingdom, or of any copies of such oaths, also of copies of entries of such oaths contained in any register kept out of the United Kingdom in pursuance of this Act:
  6. The proof in any legal proceeding of such oaths :
  7. With the consent of the Treasury, the imposition and application of fees in respect of the administration or registration of any such oath.
The two last paragraphs in the eleventh section of the Naturalization Act, 1870, shall apply to regulations made under this Act.

2.    Any person wilfully and corruptly making or subscribing any declaration under the Naturalization Act, 1870, knowing the same to be untrue in any material particular, shall be guilty of a misdemeanor, and be liable to imprisonment with or without hard labour for any term not exceeding twelve months.

3. This Act shall be termed the Naturalization Oath Act, 1870, and shall be construed as one with the  Naturalization Act, 1870, and may be cited together with that Act as the Naturalization Acts, 1870.

NATURALIZATION ACT, 1872.   35 & 36 Vict cap. 39.

Whereas by a Convention between Her Majesty and the United States of America, supplementary to the Convention of the thirteenth day of May one thousand eight hundred and seventy, respecting naturalization, and signed at Washington on the twenty-third day of February one thousand eight hundred and seventy-one, and a copy of which is contained in the schedule to this Act, provision is made in relation to the renunciation by the citizens and subjects therein mentioned of naturalization or nationality in the presence of the officers therein mentioned :
And whereas doubts arc entertained whether such provisions are altogether in accordance with the Naturalization Act, 1870 : And whereas other doubts have arisen with respect to the effect of "The Naturalization Act, 1870," on the rights of women married before the passing of that Act; and it is expedient to remove such doubts:
Be it enacted etc.

1.    This Act may be cited for all purposes as the Naturalization Act, 1872, and this Act and "The Naturalization Act, 1870," may be cited together as " The Naturalization Acts, 1870 and 1872."

2.    Any renunciation of naturalization or of nationality made in manner provided by the said supplementary Convention by the persons and under the circumstances in the said Convention in that behalf mentioned shall be valid to all intents, and shall be deemed to be authorised by the said Naturalization Act, 1870. This section shall be deemed to take effect from the date at which the said supplementary Convention took effect.

3.    Nothing contained in "The Naturalization Act, 1870," shall deprive any married woman of any estate or interest in real or personal property to which she may have become entitled previously to the passing of that Act, or affect such estate or interest to her prejudice.

NATURALIZATION ACT, 1895.    58 & 59 Vict cap. 43.

1.
  1. The residence of a child of a naturalized British subject  with his father while in the service of the Crown out of the United Kingdom, shall have, and be deemed always to have had, the same effect, for the purpose of subsection five of section ten of the Naturalization Act, 1870, as residence with such father in the United Kingdom.
  2. Subsection five of section ten of the Naturalization Act, 1870, shall have effect as if the words "or with such father while in the service of the Crown out of the United Kingdom" had been inserted therein after the words "part of the United Kingdom,' and every copy of the Naturalization Act, 1870, hereafter printed may be printed accordingly.
2.   This Act may be cited as the Naturalization Act, 1895.