Whilst there have been several updates to immigration law and policy since the change in government on 4 July 2024 – such as the end of the Rwanda policy and the announcement that the Bibby Stockholm barge will be closed – what may have been missed are the amendments to the Illegal Migration Act 2023 (IMA 2023) concerning the ‘citizenship ban’.
On 24 July 2024, the Home Office published The Illegal Migration Act 2023 (Amendment) Regulations 2024, which is a statutory instrument annulling aspects of the IMA 2023. Although these regulations brought in a number of changes, I will be focusing on the removal of the citizenship ban.
Section 32 to 37 of the IMA 2023 stated that individuals who entered the UK through ‘illegal and irregular means’ on or after 7 March 2023 were ineligible for British citizenship. This was a blanket ban which excluded all individuals from British citizenship if they meet certain conditions outlined in Section 2 of the Act. If an individual met any of these conditions on or after 7 March 2023, then they were automatically banned forever from obtaining British citizenship. It did not matter that their asylum claims were accepted and they were subsequently granted refugee status. Most alarmingly, this even included unaccompanied minors and children travelling with family.
Regulation 3 of the 2024 amendments has now removed this draconian ban on British citizenship, which is a positive step in the right direction. What would further cement these changes is for the IMA 2023 to be repealed completely through primary legislation, rather than statutory instruments.
This change is a welcome recognition that migrants who have entered the UK fleeing conflict and violence deserve our compassion and should not be penalised once in the UK because of their manner of entry. They should be able to obtain British Citizenship under the same rules as other migrants. An acknowledgement of this basic position is especially important in light of the recent violent disorder. It is extremely important to make clear that we condemn the racism, bigotry and islamophobia which has been demonstrated.
If you would like to discuss your eligibility for British citizenship, please do not hesitate to contact us using our online enquiry form or by calling us on 020 7401 6887.
