The Citizenship Ban Under Illegal Migration Act 2023

On 21 July 2023, the UK Home Office published guidance on the Citizenship ban under illegal Migration act 2023.

The UK government has succeeded in putting a ban for Citizenship under illegal migrant act 2023.

What does Citizenship ban under illegal migration act 2023 means for you?

The Illegal Migration Act 2023 introduced a “citizenship ban” which will apply to applications under section 32.

The ban will apply where the applicant:

  • required leave to enter the United Kingdom, but entered the United Kingdom:
    • without leave to enter (or with leave to enter that was obtained by deception)
    • in breach of a deportation order
    • without a valid entry clearance if it was required; or without a valid electronic travel authorisation if one was required
  • entered or arrived on or after 7 March 2023
  • did not come directly from a country in which their life and liberty were threatened by reason of their race, religion, nationality, membership of a particular social group or political opinion

You will also not qualify if you entered Jersey, Guernsey or the Isle of Man, or an overseas territory, in the same way.

British citizenship 2

Aim of Illegal Migration Act 2023

The Illegal Migration Act changes the law so that those who arrive in the UK illegally will not be able to stay here and will instead be detained and then promptly removed, either to their home country or a safe third country.

The act aims to:

  • put a stop to illegal migration into the UK by removing the incentive to make dangerous small boat crossings
  • speed up the removal of those with no right to be here – in turn this will free up capacity so that the UK can better support those in genuine need of asylum through safe and legal routes
  • prevent people who come to the UK through illegal and dangerous journeys from misusing modern slavery safeguards to block their removal
  • ensure that the UK continues to support those in genuine need by committing to resettle a specific number of the most vulnerable refugees in the UK every year

View the most recent version of the Illegal Migration Act 2023 on the Parliament website.

Automatic loss of British subject status

Section 35 of the British Nationality Act 1981 (BNA 1981) explains that British subjects, other than certain former citizens of Eire under section 31, cease to be British subjects if they acquire, by whatever means, any other citizenship or nationality. This includes the other forms of British nationality in respect of which provision is made by the BNA 1981 itself.

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