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 ... // 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. ... In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national. ... 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 but has the legal right to enter or remain in Canada. ... 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 and 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 term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981. British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. ... The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament. ...

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. 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. 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. January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen_in_Parliament) legislative power. ... The Commonwealth of Nations (CN), usually known as the Commonwealth, is a voluntary association of 53 independent sovereign states, almost all of which are former colonies of the United Kingdom. ... The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... A protectorate is, in international law, a political entity (a sovereign state or a less developed native polity, such as a tribal chiefstainship or feudal princely state) that formally agrees (voluntarily or under pressure) by treaty to enter into an unequal relationship with another, stronger state, called the protector, which... British Protected Person (BPP) is a form of British nationality 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). In 1948, the United Kingdom parliament passed the British Nationality Act 1948, which came into effect on 1 January 1949 and introduced the concept of "Citizenship of the UK & Colonies" . 1947 (MCMXLVII) was a common year starting on Wednesday (the link is to a full 1947 calendar). ... 1951 (MCMLI) was a common year starting on Monday; see its calendar. ... The Commonwealth of Nations (CN), usually known as the Commonwealth, is a voluntary association of 53 independent sovereign states, almost all of which are former colonies of the United Kingdom. ... The Irish Free State (Irish: Saorstát Éireann) (1922–1937) was the name of the state comprising the 26 of Irelands 32 counties that were separated from the United Kingdom of Great Britain and Ireland under the Irish Free State Agreement (or Anglo-Irish Treaty) signed by British and... 1935 (MCMXXXV) was a common year starting on Tuesday (link will take you to calendar). ... 1948 (MCMXLVIII) was a leap year starting on Thursday (the link is to a full 1948 calendar). ... States currently utilizing parliamentary systems are denoted in orange and red—the former being constitutional monarchies where authority is vested in a parliament, and the latter being parliamentary republics whose parliaments are effectively supreme over a separate head of state. ...

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. 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). ...

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 Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations. ...

• 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".

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).

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. 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ... London (pronounced ) is the capital city of England and of the United Kingdom. ... Motto: (French for God and my right) Anthem: Multiple unofficial anthems Capital London Largest city London Official language(s) English Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister Tony Blair MP Unification    - by Athelstan AD927  Area    - Total 130,395 km² (1st in UK)   50,346 sq mi   - Water (%) Population... The Sydney Opera House on Sydney Harbour Sydney (pronounced ) is the most populous city in Australia with a metropolitan area population of over 4. ...

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. 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 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. February 15 is the 46th day of the year in the Gregorian Calendar. ... For the album by Ash, see 1977 (album). ...

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. However, s. 2 (Interpretation) of the Act still contains a reference in the definition of "Alien" to "...Commonwealth citizen (British subject)...". January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ... 1978 (MCMLXXVIII) was a common year starting on Sunday. ...

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. 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. May 1 is the 121st day of the year in the Gregorian calendar (122nd in leap years). ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ...

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. 1983 (MCMLXXXIII) was a common year starting on Saturday of the 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.
• 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

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 s4B 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. 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

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

Other terms

Although the term "British subject" now has a very restrictive statutory definition, there is no problem with the word subject per se. 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 may accurately (if circuitously) be described as "subjects of Her Majesty in right of the United Kingdom". The term "British national", although undefined by statute, is generally used to mean British citizens, British Overseas Territories citizens, British Overseas citizens, British Nationals (Overseas), British subjects (as defined in the 1981 Act) and (sometimes) British protected persons. British protected persons are a grey area; they are neither Commonwealth citizens (i.e. British subjects in the old sense), nor aliens. See subject (grammar) for the linguistic definition of subject. ... Elizabeth II (Elizabeth Alexandra Mary Windsor; born April 21, 1926) is the Queen of 16 independent sovereign states known as the Commonwealth Realms: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines... Queen Elizabeth II, is the Head of State of 16 countries including: the United Kingdom, Canada, Australia, Jamaica, New Zealand and the Bahamas, as well as crown colonies and overseas territories of the United Kingdom. ... // 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. ... In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national. ... 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. ... In law, an alien is a person who is not a citizen of the land where he or she is found. ...

See also

• British nationality law
• History of British nationality law