Dual or multiple nationality
37. So far our brief summary relates to nationality and British citizenship considered in the singular. However, the position becomes more complicated if the person concerned has more than one nationality, as it is accepted do the appellant’s two children in this case. Again, in broad terms (and focusing for the moment on adults), leading studies identify that there are advantages and disadvantages of dual or multiple nationality.
38. Dual citizens can receive the benefits and privileges offered by each country. For example, in theory they have access to two social service systems, can vote in either country and may be able to run for office in either country, depending on the law. They are also in theory allowed to work in either country without needing a work permit or visa and can attend school in either country on the same footing as other citizen children. They are allowed to carry passports from both countries and enjoy the right of entry to both countries. They will ordinarily have the ability to own property in either country. Dual or multiple nationality also offers the possibility of integration into the culture of two or more countries and the benefit of dual heritage.
- DECISION AND REASONS
- Submissions at the hearing
- General
- Nationality
- 28. At the same time it is also clear that, by virtue of their minority, children are not in a position to exercise some of the rights and benefits ordinarily associated with nationality for so long as they are children. This is a feature highlighted by a leading expert on children and nationality, Jacqueline Bhaba 2 , in her article on “The importance of nationality for children”, Institute on Statelessness and Exclusion, 2017:
- British citizenship and British citizen children
- British citizenship and Union citizenship
- Dual or multiple nationality
- 39. But there can also be disadvantages of having more than one nationality. As a dual citizen, a person is bound by the laws of both countries. Dual citizens may be legally obligated to fulfil military obligations in one or both of the countries of nationality. In some countries there are employment security clearance hurdles for persons who have another nationality. There is also the potential for double taxation. Further, there is the potential difficulty for persons seeking to rely on the opportunity to exercise their rights and benefits as a national of one country, that they have available a separate set of rights and benefits flowing from their other nationality. This last feature is one we will have to consider further in the context of this appeal.
- Specific legal framework
- “Exceptional circumstances
- Section 55
- Statutory provisions and Section 117B(6)
- The Immigration Rules
- Policy
- Case law
- disruption
- Private life
- The appellant’s case
- The Immigration Rules: Appendices FM and FM-SE
- Article 8
- Public interest considerations
- The position of the sponsor
- The option of the children joining the sponsor in the UK on their own
- The option of the sponsor returning to Sri Lanka
- status quo ante
- or the appellant and children being able to live in the UK
- The best interests of the children
- The appellant’s position under the Rules
- Zambrano
- [2012] 1 CMLR 45