The case of Capparelli (EEA Nationals – British Nationality) UKUT 162 (IAC) in the Upper Tribunal (Immigration and Asylum Chamber) dealt with the issue of British citizenship for children born in the UK to EU, EEA, and Swiss citizens exercising free movement rights. The tribunal, in a controversial decision, found that the Home Office had wrongly issued British passports to children born before October 2, 2000, who were potentially not British citizens despite being born in the UK. This determination has broad implications, potentially impacting tens of thousands of individuals and raising questions about the acquisition of British citizenship by those born to EU/EEA nationals.
Key Issues:
- An EEA national exercising Treaty rights in the United Kingdom is not “settled” within the compass of section 1(1) of the British Nationality Act 1981 since such person’s lawful residence is conditional upon remaining economically active: Gal affirmed.
- The statutory phrase “the immigration laws” does not encompass the EU rules on free movement: Gal modified.
- Being ordinarily resident in the United Kingdom does not confer the status of British nationality.
- The dichotomy of persons lawfully present in the United Kingdom under (a) the EEA Regulations 2006 and (b) the Immigration Rules is reflected in paragraph 5 of the latter.
- The question of whether a person is ordinarily resident in the United Kingdom is one of fact and degree.
For the Respondent: Mr M Schwenk, of counsel, instructed by Parkview Solicitors
