New Pathway for Irish Nationals to obtain British Citizenship

New Legislation that Enables Irish Citizens to Gain “British Citizenship enacted in 2024 Act:

The British Nationality (Irish Citizens) Act 2024, enacted shortly before the government’s dissolution, grants Irish citizens the right to register as British citizens, provided they meet certain criteria. This concise Act adds a new section to existing legislation, which will come into effect upon its implementation

The British Nationality (Irish Citizens) Act 2024, passed just before the government’s dissolution, entitles Irish citizens to register as British citizens, contingent upon meeting specified criteria. The Act, succinct in nature, amends the British Nationality Act 1981 by adding a new section:

4AA Acquisition by registration: Irish citizens

1. An Irish citizen is entitled to British citizenship registration if:

• (a) They submit an application under this section, and

• (b) They fulfill the requirements outlined in subsection (2).

2. The requirements are:

• (a) The applicant must have been in the UK at the start of the five-year period preceding their application date.

• (b) The applicant must not have been absent from the UK for:

• (i) More than 450 days within the five-year period preceding their application date, and

• (ii) More than 90 days within the 12-month period preceding their application date.

• (c) The applicant must not have violated UK immigration laws at any time during the five-year period preceding their application date.

3. In special circumstances, the Secretary of State may waive the requirements in subsection (2) if deemed appropriate.

4. This section is subject to sections 31, 32, and 36 of the Illegal Migration Act 2023, which restrict eligibility for citizenship.

Additionally, section 41A (1) of the British Nationality Act 1981 will be modified to incorporate the good character requirement for these applications. Unlike naturalisation, this registration does not necessitate passing the Life in the UK test or proving English language proficiency.

The Act does not take effect upon Royal Assent. Instead, section 2(3) provides for the Home Secretary to enact regulations bringing it into force later. Key unknowns include the timing of these changes and the application cost, both of which were points of concern in the House of Lords.