| British & Commonwealth citizenship |
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| Commonwealth nationality laws |
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British (history) |
| Classes of citizens and subjects |
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British citizen |
| Rights and visas |
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Right of abode |
| Acts |
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Ireland Act 1949 |
In British nationality law, the term British subject has at different times had different meanings. British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. This article concerns the history of British nationality law. Australian nationality law is based primarily on the principle of Jus soli. Barbados achieved Independence from the United Kingdom in 1966 as a Commonwealth with HM the Queen Elizabeth II remaining the head of state Canadian citizenship is typically obtained by birth in Canada or birth abroad when at least one parent is a Canadian citizen or by adoption abroad by at least one Canadian citizen Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946 Indian citizenship and nationality law: The Constitution of India provides for a single citizenship for the entire country To become a Citizen of Malaysia, a person must meet the requirements of the Malaysia Citizenship Rules 1964. Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli New Zealand citizenship was created on 1 January, 1949, by the British Nationality and New Zealand Citizenship Act 1948. Samoa has been an independent sovereign State since 1962. Prior to that, it was administered by New Zealand. Singaporean nationality law is derived from the Constitution of Singapore and is based on Jus sanguinis and a modified form of Jus soli South Africa rewrote its Nationality law since the end of Apartheid in 1994 and the establishment of majority rule in the country under the African National Congress Nationality and citizenship in the Kingdom of Tonga are currently defined and regulated by the Nationality (Amendment Act 2007. This article concerns British nationality law in respect of citizens of what is now the independent state of Ireland, which was known in the United British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory. In British nationality law, the status of British Overseas citizen (BOC is one of several categories of British national British nationality law as it pertains to Hong Kong has been a unique situation ever since Hong Kong was created a British colony in 1842 The status of British protected person (BPP is a status held by certain persons under the British Nationality Act 1981. A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations. Right of abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom Indefinite leave to remain ( ILR) is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of A Permanent Resident in Canada is someone who is not a Canadian citizen but who has been granted permission to live and work in Canada without any time Belonger status is a legal classification normally associated with British overseas territories. A UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born The Ireland Act 1949 is a British Act of Parliament which was intended to deal with the consequences of the Republic of Ireland Act 1948 as passed The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British Nationality. The British Nationality (Falkland Islands Act 1983 (1983 c 6 was an Act of Parliament passed by the British Parliament, which came into force on January The British Overseas Territories Act 2002 (2002 c 8 is an Act of Parliament passed in the United Kingdom in 2002 which superseded parts of the British Nationality The Canadian Citizenship Act is an Act of the Parliament of Canada, which came into effect on January 1, 1947, recognizing the definition British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. The current definition of the term British subject is contained in the British Nationality Act 1981. The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British Nationality.
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Before 1949
Prior to 1 January 1949, the term "British subject" in British nationality law was used to describe any person who owed allegiance to the British Crown, wherever he was born in the British Commonwealth and Empire. New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC Year 1949 ( MCMXLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. TalkCommonewalth realm.--> The monarchy The British Empire was the largest empire in history and for over a century was the foremost global power. Within the Empire, the only people who were not British subjects were the rulers of native states formally under the "protection" of the British Crown, and their peoples. In International law, a protectorate is a autonomous territory that is "protected" by a stronger state or entity hense the protector which engages to protect Although their countries may for all practical purposes have been ruled by the imperial government, such persons are considered to have been born outside the sovereignty and allegiance of the British Crown, and were (and, where these persons are still alive, still are) known as British protected persons. The status of British protected person (BPP is a status held by certain persons under the British Nationality Act 1981.
Between 1947 and 1951 each of the various existing members of the Commonwealth of Nations created its own national citizenship (the Irish Free State had done so in 1935, but left the Commonwealth in 1949). Year 1947 ( MCMXLVII) was a Common year starting on Wednesday (link will display full 1947 calendar of the Gregorian calendar. Year 1951 ( MCMLI) was a Common year starting on Monday. Events of 1951 January The Irish Free State (Saorstát Éireann (1922&ndash1937 was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by Year 1935 ( MCMXXXV) was a Common year starting on Tuesday (link will display full calendar of the Gregorian calendar. In 1948, the Parliament of the United Kingdom passed the British Nationality Act 1948, which came into effect on 1 January 1949 and introduced the concept of "Citizenship of the UK & Colonies". Year 1948 ( MCMXLVIII) was a Leap year starting on Thursday (link will display the 1948 calendar of the Gregorian calendar. The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom and British overseas territories
1949 to 1982
From 1 January 1949, every person who was a British subject by virtue of a connection with the United Kingdom or one of her crown colonies became a Citizen of the United Kingdom and Colonies. The British Overseas Territories are fourteen territories that are under the Sovereignty of the United Kingdom, but which do not form part of the United Kingdom
However, UK & Colonies citizens, in common with citizens of other Commonwealth countries, also retained the status of British subject. From 1949, the status of British subject was also known by the term Commonwealth citizen, and included any person who was:
- a citizen of the United Kingdom and Colonies;
- a citizen of any other Commonwealth country; and
- one of a limited number of "British subjects without citizenship". A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations.
In the third category were mainly people born before 1949 in the Republic of Ireland, India and Pakistan who did not acquire citizenship of their country or any other Dominion (in the case of those born in India and Pakistan), or who applied after 1949 for restoration of their British subject status (for those connected with Ireland). Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. India, officially the Republic of India (भारत गणराज्य inc-Latn Bhārat Gaṇarājya; see also other Indian languages) is a country Pakistan () officially the Islamic Republic of Pakistan, is a country located in South Asia, Southwest Asia, Middle East and
Hence, from 1949 to 1982, a person born in London, England, would have been a British subject and Citizen of the United Kingdom and Colonies, while someone born in Sydney, Australia, would have been a British subject and Citizen of Australia. Year 1949 ( MCMXLIX) was a Common year starting on Saturday (link will display the full calendar of the Gregorian calendar. Year 1982 ( MCMLXXXII) was a Common year starting on Friday (link displays the 1982 Gregorian calendar) London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Sydney (ˈsɪdniː is the most populous city in Australia, with a Metropolitan area population of approximately 4 For a topic outline on this subject see List of basic Australia topics.
British subjects in other parts of the Commonwealth
Between 1949 and 1982 (and as late as 1987 in Australian law), the status of British subject was a common status held by citizens of countries throughout the Commonwealth, and many Commonwealth countries had statutes defining the term "British subject" in their laws, in much the same way as the status of Commonwealth citizen is now defined. In contrast, the British Nationality Act 1981 now provides that, as far as United Kingdom law is concerned, no person is a British subject except as provided by the Act.
In South Africa, South Africans ceased to be British subjects when the country became a republic outside the Commonwealth in 1961, and the Commonwealth Relations Act 1962 removed all reference to British nationality. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa Year 1961 ( MCMLXI) was a Common year starting on Sunday (link will display full calendar of the Gregorian calendar.
In Canada, the term "British subject" was replaced by "Commonwealth citizen" when the Canadian Citizenship Act 1947 was replaced by the Citizenship Act 1977, which came into force on 15 February 1977. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Events 590 - Khosrau II is crowned as king of Persia 1637 - Ferdinand III becomes Holy Roman Emperor Also 1977 (album by Ash. Year 1977 ( MCMLXXVII) was a Common year starting on Saturday (link displays
In New Zealand, the status of British subject ceased to be defined by New Zealand law when the British Nationality and New Zealand Citizenship Act 1948 was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. New Zealand is an Island country in the south-western Pacific Ocean comprising two main landmasses (the North Island and the South Island New Year See also New Year The Ancient Romans began their consular year on January 1st since 153 BC Year 1978 ( MCMLXXVIII) was a Common year starting on Sunday (link displays the 1978 Gregorian calendar) However, s. 2 (Interpretation) of the Act still contains a reference in the definition of "Alien" to ". . . Commonwealth citizen (British subject). . . ".
In Australia, the status of British subject in Australian law was retained until it was removed by provisions of the Australian Citizenship Amendment Act 1984 which came into force on 1 May 1987. For a topic outline on this subject see List of basic Australia topics. Events 305 - Diocletian and Maximian retire from the office of Roman Emperor. Year 1987 ( MCMLXXXVII) was a Common year starting on Thursday (link displays 1987 Gregorian calendar) Hence between 1 January 1983 and 1 May 1987 a British citizen and an Australian citizen were both British subjects under Australian law, but not under United Kingdom law.
Most other Commonwealth countries did not define the term "British subject", preferring from the outset to use the term "Commonwealth citizen" instead.
After 1983
On 1 January 1983, upon the coming into force of the British Nationality Act 1981, every Citizen of the United Kingdom and Colonies became either a British Citizen, British Dependent Territories Citizen or British Overseas Citizen. Year 1983 ( MCMLXXXIII) was a Common year starting on Saturday (link displays the 1983 Gregorian calendar)
The use of the term "British subject" was discontinued for all persons who fell into these categories, or who had a national citizenship of any other part of the Commonwealth. The category of "British subjects" now includes only those people formerly known as "British subjects without citizenship", and no other. In statutes passed before 1 January 1983, however, references to "British subjects" continue to be read as if they referred to "Commonwealth citizens".
British citizens are not British subjects under the 1981 Act. The only circumstance where a person may be both a British subject and British citizen simultaneously is a case where a British subject connected with Ireland (s. 31 of the 1981 Act) acquires British citizenship by naturalisation or registration. In this case only, British subject status is not lost upon acquiring British citizenship.
The status of British subject cannot now be transmitted by descent, and will become extinct when all existing British subjects are dead.
Loss of British subject status
British subjects, other than by those who obtained their status by virtue of a connection to the Republic of Ireland prior to 1949, automatically lose their British subject status on acquiring any other nationality, including British citizenship, under section 35 of the British Nationality Act 1981.
Access to British citizenship
British subjects may normally become British citizens through one of the following routes:
Residence in the United Kingdom
- After 5 years residence the United Kingdom, and holding Indefinite Leave to Remain (ILR) or its equivalent for at least 12 months, a British subject may apply for registration as a British citizen under section 4 of the British Nationality Act 1981. Indefinite leave to remain ( ILR) is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted
- If married to a British citizen, it is possible to apply for naturalisation as a British citizen after 3 years residence in the United Kingdom provided ILR is held on the day of application.
Both of these options confer British citizenship otherwise than by descent and hence children born subsequently outside the United Kingdom will normally have access to British citizenship.
Holding no other nationality
British subjects who hold no other citizenship or nationality, and have not lost or renounced any other citizenship or nationality after 4 July 2002 (whether voluntarily or otherwise) may apply to be registered as British citizens. This is through section 4B of the British Nationality Act 1981, in force from 30 April 2003.
- Holding permanent residence in another country does not in itself cause a bar to registration, provided the nationality of that country is not acquired before application for British citizenship is made. Permanent residency refers to a person's visa status the person is allowed to reside indefinitely within a country despite not having Citizenship. Subsequent acquisition of another citizenship or nationality does not cause loss of British citizenship.
- Registration under this section confers British citizenship by descent and hence those British subjects permanently resident in the United Kingdom should normally consider section 4 registration or naturalisation instead.
- Most British subjects connected with Ireland also hold Irish citizenship and hence are ineligible to apply for British citizenship under this section. However they may be naturalised or registered as British under other sections of the Act after a 3 or 5 year period of residence in the United Kingdom.
Other terms
Although the term "British subject" now has a very restrictive statutory definition, British citizens and others continue to be "subjects" of the Crown at common law. Accordingly, nationals of countries of which Her Majesty Queen Elizabeth II is Head of State may still be referred to as "Her Majesty's subjects", while British nationals (other than British protected persons) may accurately (if circuitously) be described as "subjects of Her Majesty in right of the United Kingdom". For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II Head of state is the generic term for the individual or collective office that serves as the chief public representative of a Monarchic or Republican Nation-state
The term "United Kingdom national" (sometimes referred to as "British national"), is used differently in various statutes, but most commonly means British citizens, British Overseas Territories citizens, British Overseas citizens, British Nationals (Overseas), (and usually) British subjects (as defined in the 1981 Act) and British protected persons. The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory. In British nationality law, the status of British Overseas citizen (BOC is one of several categories of British national British nationality law as it pertains to Hong Kong has been a unique situation ever since Hong Kong was created a British colony in 1842 The status of British protected person (BPP is a status held by certain persons under the British Nationality Act 1981. British protected persons are an especial grey area; they are neither Commonwealth citizens (i. e. British subjects in the old sense), nor aliens. In US law, an alien is a legal term for a person, either a corporation or a human who is not a United States national. Although they are not traditionally considered to be British nationals, since they are not considered to be stateless under international law, they must be nationals of the United Kingdom.
The continued use of the term "British subject" to cover a very restricted class of British nationals, contrary to the commonly-understood meaning of the term, together with the lack of a common definition for the term "United Kingdom national", creates a difficulty for those who have to draft laws and regulations in the United Kingdom. In order to cover the various classes of British nationals, the following lengthy wording is currently used in drafting:
- A person who is:
- (a) a British citizen, a British Overseas Territories citizen or a British Overseas citizen; or
- (b) a person who under the British Nationality Act 1981 is a British subject; or
- (c) a British protected person (within the meaning of that Act).
See also
British nationality law is the law of the United Kingdom concerning Citizenship and other categories of British Nationality. This article concerns the history of British nationality law.Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic