[RETYPED]

Home Office

Queen Anne's Gate

London SW1H 9AT

12 APR. 1984

Thank you for your letter of 5 March about the entitlement of citizens of the Irish Republic and European Community (EC) nationals to settlement in the United Kingdom and to British citizenship.

Although they are not citizens of a Commonwealth country, the Ireland Act 1949 declares that citizens of the Republic of Ireland are not to be regarded as aliens. This arrangement is broadly reciprocal in that people born in the United Kingdom are not subject to the disabilities of aliens in the Republic. In the early 1950's the Republic of Ireland was included (with the Channel Islands and the Isle of Man) In a common travel area with the United Kingdom. Irish citizens are not in practice subject to formal immigration control at the port of entry. No conditions are therefore imposed on their stay in the United Kingdom. However, they are not automatically regarded as being settled here. To be so regarded they would need to provide evidence that they were ordinarily resident here, and had established links with the United Kingdom.

EC nationals are normally admitted to the United Kingdom for six months on production of a valid passport or national identity card. EC nationals who establish themselves in employment, self employment or business may apply for a residence permit which is usually valid for five years. EC nationals are not entitled to a residence permit if they fail to find employment or become a charge on public funds. In such circumstances their stay in the United Kingdom may be curtailed.

There is no obligation under the Treaty of Rome to grant indefinite leave to remain to EC workers, but the Immigration Rules provide that foreign nationals and Commonwealth citizens qualify for indefinite leave to remain after four years in approved employment. Accordingly, EC nationals who have been issued with a residence permit are normally granted indefinite leave to remain after four years in employment.

Citizens of the Republic of Ireland may acquire British citizenship in several ways. A person who was born before 1 January 1949 and who was either born within that part of Ireland which now forms the Republic of Ireland, or was descended legitimately from a father so born, was a British subject at birth. Such a person would normally have ceased to be a British subject on 1 January 19149 when the British Nationality Act 1948 came into force, but could give notice to the Secretary of State under section 2 of that Act claiming to remain a British subject. Section 31(3) of the British Nationality Act 1981, continues this arrangement. A person who formally makes such a claim is deemed never to have ceased to be a British subject. Under section 14 of the British Nationality Act 1981 British subjects are entitled to registration as British citizens after five years residence here.

A citizen of the Republic of Ireland can acquire British citizenship in the same way as a Commonwealth citizen. Thus an Irish citizen who has been ordinarily resident throughout the period since 1 January 1973 is entitled to registration as a British citizen under section 7(1)(a) of the 1981 Act. An Irish citizen who is a woman and was married before 1 January to a man who was a citizen of the United Kingdom and Colonies may, of course, apply for British citizenship under section 8 of the 1981 Act. Applications under both these sections may be made generally speaking until 1 January 1988.

Irish citizens not eligible to apply under sections 4, 7(1)(a) or 6 may apply for naturalisation if they can fulfil the residential and other requirements outlined in the enclosed leaflet 8N7. Naturalisation is the only avenue to British citizenship for EC nationals apart from those who are British Dependent Territories citizens (who have an entitlement to registration under section 5) and those women who are eligible to apply under section 8.

(DAVID WADDINGTON)

Ivor Stanbrook Esq MP