British & Commonwealth Citizenship
Commonwealth Nationality Laws
British (history) Australian Barbadian Canadian (history) Indian Malaysian Maltese New Zealand South African Irish citizens in the UK Image File history File links Flag_of_the_United_Kingdom. ... Image File history File links Flag_of_the_Commonwealth_of_Nations. ... This article concerns the History of British nationality law. ... Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. ... 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. ... This article concerns British nationality law in respect of citizens of the Republic of Ireland. ...
Classes of Citizens and Subjects
British citizen British subject British Overseas Territories citizen British Overseas citizen British National (Overseas) British protected person Commonwealth citizen British Nationality Law ... In British nationality law, the term British subject has at different times had different meanings. ... // British Nationality Act 1981 The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories: British citizens CUKCs with the right of abode in the United Kingdom and Islands (i. ... This article concerns matters of British nationality law in relation to Hong Kong. ... British Protected Person (BPP) is a form of British nationality 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. ...
Rights and Visas
Right of abode Indefinite leave to remain Permanent resident (Australia) Permanent resident (Canada) Belonger status UK Ancestry Entry Clearance 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 or 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 to the UK without any time limit on his stay and who is free to take up employment, without restriction. ... Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia. ... A Permanent Resident in Canada is someone who is not a Canadian citizen and who has been granted permission to live and work in Canada without any time limit on his or her stay. ... A legal classification normally associated with Britains 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 in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom. ...
Acts
Ireland Act 1949 British Nationality Act 1981 Falkland Islands (1983) Overseas Territories Act 2002 Canadian Citizenship Act 1946 The Ireland Act 1949 is a UK Act of Parliament which was intended to deal with the consequences of the then recently passed Republic of Ireland Act 1948 as passed by the Irish parliament (Oireachtas). ... The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament. ... The British Overseas Territories Act 2002 is an Act of Parliament passed in the United Kingdom in 2002, which superseded the British Nationality Act 1981. ... The Canadian Citizenship Act is an Act of the Government of Canada, which came into effect on July 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects. ...

In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national. British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. ...

British Nationality Act 1981

The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories: The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament. ... January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... 1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ... In British nationality law, the term British subject has at different times had different meanings. ...

CUKCs with the right of abode in the United Kingdom and Islands (i.e. the United Kingdom, the Channel Islands and the Isle of Man) by virtue of a close connection therewith, e.g. by birth or descent from a person born in the UK & Islands, became British citizens.

• British Dependent Territories citizens

CUKCs with a close connection with one of the United Kingdom's Dependent Territories became British Dependent Territories citizens (BDTCs), now renamed British Overseas Territories citizens (BOTCs). It was possible for a person to acquire British citizenship and BDTC at the same time. For example, a person born in Bermuda before 1983 with a parent born in the United Kingdom would have acquired both nationalities.

• British Overseas citizens

All other CUKCs became British Overseas citizens.

There are categories of British national other than these three, but these consist of persons who were not CUKCs before 1983 or who were connected with Hong Kong before 1997. The right of abode refers to an individuals freedom from immigration control in a particular country. ... The Channel Islands are a group of islands off the coast of Normandy, France, in the English Channel. ... British Nationality Law ... A United Kingdom overseas territory (formerly known as a dependent territory or earlier as a crown colony) is a territory that is under the sovereignty and formal control of the United Kingdom but is not part of the United Kingdom proper (Great Britain and Northern Ireland). ... // British Nationality Act 1981 The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories: British citizens CUKCs with the right of abode in the United Kingdom and Islands (i. ...

British Overseas citizenship is a residual category of British nationality, in that there is very little provision for the acquisition of British Overseas citizenship after 1983; and with the passage of time the category will become extinct. However, when Hong Kong reverted to Chinese rule in 1997, Hong Kong BDTCs who had not applied for the status of British National (Overseas), and who were not already considered Chinese citizens by the PRC government at the time of the handover (such as Indians and other non-Chinese), became British Overseas citizens. 1997 (MCMXCVII) was a common year starting on Wednesday of the Gregorian calendar. ... This article concerns matters of British nationality law in relation to Hong Kong. ...

Sources of British Overseas Citizens

CUKCs before 1983

As British Overseas citizenship is a "mop-up" category for CUKCs who did not acquire British citizenship or BOTC in 1983, there are many ways in which someone may have acquired that status.

These include:

• persons holding CUKC by connection with a former colony or protectorate who did not acquire that country's citizenship on independence. This applied particularly to some former colonies, such as Kenya, that did not grant citizenship to all CUKCs born or naturalised in that colony.
• persons who retained CUKC on independence of their colony based on a connection to another colony which subsequently became independent before 1983
• British subjects born before 1949 who did not acquire citizenship of any Dominion (Australia, Canada, India, Pakistan, Ceylon, South Africa), Ireland or Southern Rhodesia when these countries introduced citizenship laws, and were not connected in any way with India or Pakistan.
• persons registered as CUKCs by descent before 1983 based on birth in a non-Commonwealth country to a CUKC father (there was no limitation on the number of generations provided the child was less than 12 months old)
• eligible descendants of the Electress Sophia of Hanover. See Sophia Naturalisation Act
• women who acquired CUKC by marriage after 28 October 1971, unless married before that date and with a husband who had right of abode in the UK
• minor children who acquired CUKC by registration at the British High Commission in an independent Commonwealth country on or after 28 October 1971

1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... A dominion, often Dominion, is the territory or the authority of a dominus (a lord or master). ... Southern Rhodesia was the name of the British colony situated immediately to the north of South Africa, known today as Zimbabwe. ... The Commonwealth of Nations (CN), usually known as the Commonwealth, is a voluntary association of 53 independent sovereign states, the majority of which are former colonies of the United Kingdom. ... Electress Sophia of Hanover (born Sophia, Pfalzgräfin von Simmern, at The Hague on October 14, 1630; died at Herrenhausen on June 8, 1714) was the youngest daughter of Frederick V, Elector Palatine, of the House of Wittelsbach, also known as King Frederick V of Bohemia, and Elizabeth Stuart, also... The Act for the Naturalization of the Most Excellent Princess Sophia, Electress and Duchess Dowager of Hanover, and the Issue of her Body was an act of Parliament passed by the English Parliament in 1705. ... October 28 is the 301st day of the year (302nd in leap years) in the Gregorian Calendar, with 64 days remaining. ... 1971 (MCMLXXI) was a common year starting on Friday (the link is to a full 1971 calendar). ... A High Commissioner is a person serving in a special executive capacity. ...

Penang and Malacca

Several early independence acts did not contain any provision for the loss of Citizenship of the United Kingdom and Colonies by citizens of the newly independent states. A notable case is that of the former settlements (colonies) of Penang and Malacca in what is now Malaysia. These were combined in 1948 with the nine Malay states, which were protected states rather than colonies, to form the Federation of Malaya, which was granted independence on 31 August 1957. Although persons from the protected states lost British protected person status, there was no provision made to withdraw CUKC from those from Penang and Malacca. State motto: Bersatu dan Setia (United and Loyal), formerly Let Penang Lead Location in Malaysia Government Capital George Town (5. ... State motto: Bersatu Teguh (Malay, United We Stand) Capital Malacca Town Governor Tun Datuk Seri Utama Mohd Khalil Yaakob Chief Minister Datuk Seri Haji Mohd Ali Mohd Rustam Area 1,650 km² Population  - Estimated 648,500 State anthem Melaka Maju Jaya This article is about a state in Malaysia. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Malay states are a group of nine states of Malaysia (all located in West Malaysia) which have hereditary Rulers. ... The Federation of Malaya, or in Malay Persekutuan Tanah Melayu, was formed in 1948 from the British settlements of Penang and Malacca and the nine Malay states and replaced the Malayan Union. ... August 31 is the 243rd day of the year in the Gregorian calendar (244th in leap years), with 122 days remaining. ... 1957 (MCMLVII) was a common year starting on Tuesday of the Gregorian calendar. ...

On 16 September 1963, the colonies of North Borneo, Sarawak and Singapore were joined with Malaya to form Malaysia (Singapore subsequently left Malaysia in 1965). CUKC was withdrawn from those acquiring Malaysian citizenship in 1963, but this did not affect existing citizens of the Federation. September 16 is the 259th day of the year (260th in leap years). ... 1963 (MCMLXIII) was a common year starting on Tuesday (the link is to a full 1963 calendar). ... North Borneo was a British Protectorate and later Overseas Territory of the United Kingdom, situated in what is now the province of Sabah Malaysia. ... State motto: United, Industrious, Dedicated (Malay: Bersatu, Berusaha, Berbakti ) Capital Kuching Governor T.Y.T Tun Datuk Patinggi Abang Muhammad Salahuddin Chief Minister Y.A.B. Datuk Patinggi Tan Sri Haji Abdul Taib Bin Mahmud / Pehin Sri Dr. Hj. ... 1965 (MCMLXV) was a common year starting on Friday (the link is to a full 1965 calendar). ...

Hence, persons connected with Penang and Malacca prior to 31 August 1957, together with those born before 1983 in legitimate descent to fathers so connected, form the largest group of British Overseas citizens (estimated at over 1 million). Most also hold Malaysian citizenship.

Cyprus

Cyprus became an independent Commonwealth country on 16 August 1960 (the Sovereign Base Areas of Akrotiri and Dhekelia were formed into a new colony at that point), although a nationality law was not enacted until 16 February 1961. August 16 is the 228th day of the year (229th in leap years) in the Gregorian Calendar. ... 1960 (MCMLX) was a leap year starting on Friday (the link is to a full 1960 calendar). ... The UK Sovereign Base Areas are those British military base areas located in countries formerly ruled by the United Kingdom which were retained by it and not handed over when those countries attained independence. ... Map of Akrotiri (Western) SBA Akrotiri (also known as the Western Sovereign Base Area or WSBA) and Dhekelia (also known as the Eastern Sovereign Base Area or ESBA) are UK Sovereign Base Areas (SBAs) in Cyprus, a former British Crown Colony. ... Map of Akrotiri (Western) SBA Akrotiri (also known as the Western Sovereign Base Area or WSBA) and Dhekelia (also known as the Eastern Sovereign Base Area or ESBA) are UK Sovereign Base Areas (SBAs) in Cyprus, a former British Crown Colony. ... February 16 is the 47th day of the year in the Gregorian Calendar. ... 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ...

Persons resident in any area of the Commonwealth (excluding Cyprus) immediately before 16 August 1960 retained CUKC even if they acquired Cyprus citizenship.

Acquisition of British Citizenship in 1983

A CUKC who acquired right of abode before 1983 would have become a British citizen on 1 January 1983, instead of a British Overseas citizen. Most commonly this was through:

• descent from a United Kingdom & Islands born or naturalised parent or grandparent (either paternal or maternal)
• residence in the United Kingdom & Islands for five years before 1983 together with acquisition of settled status
• if a woman, marriage to a man who possessed right of abode.

See History of British nationality law This article concerns the History of British nationality law. ...

Acquisition of British Overseas Citizenship under the 1981 Act

Save for some transitional arrangements made under the 1981 Act (which expired on 31 December 1987) it is normally only possible for a person to acquire British Overseas citizenship if otherwise stateless. December 31 is the 365th day of the year (366th in leap years) in the Gregorian Calendar. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...

A British Overseas citizen parent does not in itself give rise to a claim to British Overseas citizenship, or any other form of British nationality. This applies whether one is born in the UK or elsewhere.

Access to British Citizenship

British Overseas citizens may normally become British citizens through one of the following routes:

Residence in the United Kingdom

• After 5 years residence in the United Kingdom, and holding Indefinite Leave to Remain (ILR) or its equivalent for at least 12 months, a BOC may apply for registration as a British citizen under section 4 of the British Nationality Act 1981.
• 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. Indefinite Leave to Remain or 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 to the UK without any time limit on his stay and who is free to take up employment, without restriction. ...

Holding No Other Nationality

The Nationality, Immigration and Asylum Act 2002 granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless. Despite strong resistance from Senior Officials at the Home Office, the then Home Secretary, David Blunkett, said on 3 July 2002 that this would "right a historic wrong" which had left stateless tens of thousands of Asian people who had worked closely with British colonial administrations (see UK to right 'immigration wrong', BBC 5 July 2002). The Government of India has also issued clarifications in respect of people with these citizenships to assist with consideration of applications under the Nationality, Immigration and Asylum Act 2002. For the United States holiday, the Fourth of July, see Independence Day (United States). ... For album titles with the same name, see 2002 (album). ... The Rt Hon. ... July 3 is the 184th day of the year (185th in leap years) in the Gregorian calendar, with 181 days remaining. ... For album titles with the same name, see 2002 (album). ... The Government of India (Hindi: Bharat Sarkar), officially referred to as the Union Government, and commonly as Central Government, was established by the Constitution of India, and is the governing authority of a federal union of 28 states and 7 union territories, collectively called the Republic of India. ... Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ...

• 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 granted (and British citizenship acquired through taking an Oath and Pledge). 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 BOCs permanently resident in the United Kingdom should normally consider section 4 registration or naturalisation instead.

Permanent residency refers to a persons status such that the person is allowed to reside indefinitely within the country despite not having citizenship. ...

Loss of British Overseas Citizenship

Acquisition of another country's citizenship does not cause loss of British Overseas citizenship. However if an entitlement to registration as a British citizen under section 4B is held it will be lost if the person acquires another nationality before becoming a British citizen.

British Overseas citizens may be deprived of British Overseas citizenship on terms similar to those applicable to British citizens.

A British Overseas citizen may renounce British Overseas citizenship on the same basis as a British citizen. However there is no provision to resume British Overseas citizenship after renunciation.

See also

• British nationality law
• British nationality law and Hong Kong