LONDON: “Discriminatory” rules requiring children to show “good character” when applying for British citizenship are to be changed.
Shadow immigration minister Afzal Khan said “outdated” citizenship rules have led to “serious discrimination” against children from black and minority ethnic backgrounds, as well as children in care.
The draft British Nationality Act 1981 remedial order sets out changes to immigration rules. Under the 1981 Act, children aged 10 or older may not be granted unless British citizenship unless the Secretary of State is satisfied that he or she is of good character.
In some cases, MPs heard, this hinged on whether their parents been married to one another at the time of their birth. Speaking in the Commons, Immigration minister Caroline Nokes said: “In this day and age I think we can all agree that the law should not discriminate against people simply because their parents were not married when they were born, or that we should discriminate against people just because it was their mother who was British and not their father.”
She said the remedial order “seeks to remove discriminatory provisions” in the 1981 Act. Nokes said: “This means that once the law is changed, those seeking to register as British citizens who were born to an unmarried British father before July 2006 or to a British mother before 1983 no longer need to demonstrate that they are of good character where it would be discriminatory to ask them to do so.” She said the good character requirement would be removed on the grounds of historic discrimination.
Khan said: “The good character requirement has wrongly blocked children from registering for their rights to British citizenship. We support this statutory instrument as it corrects the discriminatory and wrongful requirements.” He added: “It is disappointing that the Home Office had to be taken to court to be forced to make the change.” Khan said he believes the requirement to show “good character” has led to “serious discrimination” against children from black and minority ethnic backgrounds, as well as children in care, who he said are much more likely to be denied citizenship because of “unequal treatment” in the criminal justice system.