British Nationality Law and The Republic of Ireland - British Born Children of Irish Citizens

British Born Children of Irish Citizens

Before 1983, anyone born in Great Britain or Northern Ireland other than the child of a diplomat was automatically British by birth.

From 1 January 1983 an additional requirement was put in place that one parent should be a British citizen or 'settled' in the United Kingdom. Irish citizens are automatically deemed by British law to be "settled" in the United Kingdom. Since 2 October 2000, this is a more favourable status than that given to citizens of other EU and EEA member states. The special status of Irish citizens in the UK comes from section 1(3) of the Immigration Act 1971, the legislative basis for the Common Travel Area.

It is not publicised by the Home Office but reference can be found in the Home Office Nationality Instructions, EEA and Swiss citizens (pdf)

"5.3 ... Citizens of the Irish Republic, whether exercising EEA free movement rights or not, are not normally subject to any form of immigration control on arrival in the UK because of the Republic’s inclusion in the Common Travel Area (s.1(3), Immigration Act 1971)"

and further on:

"8.3 The 2000 Regulations did not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they had been granted indefinite leave to remain under some other provision of the Immigration Rules, were entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in these categories should be regarded as having been free from any restriction under the immigration laws on the period for which they may remain."

Read more about this topic:  British Nationality Law And The Republic Of Ireland

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