British & Commonwealth citizenship

Commonwealth nationality laws Image File history File links Flag_of_the_Commonwealth_of_Nations. ... British (history) Australian Canadian (history) New Zealand South African British regarding the Republic of Ireland Classes of British citizens and subjects 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. ... British citizen British subject British Overseas Territories citizen British Overseas citizen British National (Overseas) British protected person Commonwealth citizen Rights and Visas 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. ... 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. ... Right of abode Indefinite leave to remain Permanent resident (Australia) Permanent resident (Canada) Belonger status Ancestry Visa Acts 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. ... The Ancestry Visa is a form of United Kingdom immigration status for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands and Isle of Man. ... Ireland Act 1949 British Nationality Act 1981 Falkland Islands (1983) Overseas Territories Act 2002 Canadian Citizenship Act 1946

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

Early British nationality law

British nationality law has its origins in mediæval times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions (natural-born subjects) and those who later gave him their allegiance (naturalised subjects or denizens). In English usage, nationality is the legal relationship between a person and a country. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... Denization is an obsolete process in English Common Law, dating from the 13th century, by which a foreigner gained some privileges of a British subject, including the right to hold English land, through letters patent. ...

A summary of early English common law is provided by Sir William Blackstone, who wrote about the law 1765-69.1. Natural-born subjects were born within the dominion of the crown. When the British Empire came into existence, the dominion of the crown expanded. British subjects included not only persons within the United Kingdom but also those throughout the British Empire (the British Dominion). This included both the colonies and the self-governing Dominions, including (Australia, New Zealand, South Africa, Canada and Newfoundland). Note that the "dominions" of the Crown include not only Dominions but also colonies. Sir William Blackstone, (July 10, 1723 - February 14, 1780) was an English jurist and professor who produced the historical treatise on the common law called Commentaries on the Laws of England, first published in four volumes over 1765–1769. ... The British Empire in 1897, marked in pink, the traditional colour for Imperial British dominions on maps. ... A Dominion is a wholly self-governing or virtually self-governing state of the British Empire or Commonwealth of Nations, particularly one which reached that stage of constitutional development in the late 19th and early 20th centuries such as Canada, Australia and New Zealand. ... Motto: Quaerite Prime Regnum Dei (Latin: Seek ye first the kingdom of God) Official languages None Capital St. ... 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). ...

Individuals born in the dominion were citizens regardless of the status of their parents: children born to visitors or foreigners acquired citizenship (see Jus soli). This reflects the rationale of natural-born citizenship: that citizenship was acquired because British-born subjects would have a ‘natural allegiance’ to the crown as a ‘debt of gratitude’ to the crown for protecting them through infancy. Therefore, citizenship by birth was perpetual and could not be, at common law, removed or revoked regardless of residency. Jus soli (Latin for right of the territory), or birthright citizenship, is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state. ...

By the same reasoning, an ‘alien’, or foreign born resident, was seen as unable to revoke their relationship with their place of birth. Therefore, at English common law foreign-born individuals could not become citizens through any procedure or ceremony. Some exceptions to this general principle existed in the common law, to recogonise the situation of children born on foreign soil to English subjects. The earliest exception was the children of king’s ambassadors, who acquired English citizenship even if not born in England. A later, broader, exception was enacted by legislation (25 Edw III st 2) to allow children born overseas to two English parents to be English. A later statute, enacted in 1772, made general provision allowing natural-born allegiance (citizenship) to be assumed if the father alone were British.

Generally then, there was no process by which a ‘foreigner’ not of English parents could become a British citizen. However, two procedures existed by which the individual could become a British subject with some of the rights of citizenship. Firstly, ‘naturalisation’ granted all the legal rights of citizenship except political rights (e.g. holding office). Naturalisation required an act of parliament be passed. Alternatively, denization allowed a person to gain the rights of citizenship other than political rights. Denization was granted by letters patent, and was granted by the King as an exercise of royal prerogative. Denization is an obsolete process in English Common Law, dating from the 13th century, by which a foreigner gained some privileges of a British subject, including the right to hold English land, through letters patent. ... Letters Patent by Queen Victoria creating the office of Governor-General of Australia Letters patent are a type of legal document which is an open letter issued by a monarch or government granting a right, monopoly, title, or status to someone or some entity such as a corporation. ...

Denization was therefore an exercise of executive power, whereas Naturalisation was an exercise of legislative power. An example of the later is the granting of English nationality to the Electress Sophia of Hanover, the heir to the throne under the Act of Settlement 1701. Naturalization occurred by the passing, in 1705, of the Sophia Naturalization Act. This act granted English nationality to the Electress and to the Protestant "issue of her body", allowing all her future descendants a claim to British nationality. In 1957, Prince Ernest Augustus of Hanover successfully claimed citizenship of the UK & Colonies under this Act. Although the Act was repealed from 1 January 1949 by the British Nationality Act 1948, some descendents can still claim citizenship based on their parent's rights under the law as it existed prior to 1949. However, the Home Office believes that the Act does not generally give claimants a right of abode in the United Kingdom. Successful claims will normally be granted to only British Overseas Citizen status unless entitled to a right of abode in the UK under the Immigration Act 1971 as in force prior to 1983. 3 Under the doctrine of the separation of powers, the executive is the branch of a government charged with implementing, or executing, the law. ... A legislature is a governmental deliberative body with the power to adopt laws. ... Contrasting with heir presumptive, an heir apparent is one who cannot be prevented from inheriting by the birth of any other person. ... The Electress Sophia The Act of Settlement (12 & 13 Wm 3 c. ... // Events Construction begins on Blenheim Palace, in Oxfordshire, England. ... The Sophia Naturalization Act is an Act passed by the English Parliament in 1705. ... Protestantism is a general grouping of denominations within Christianity. ... 1957 (MCMLVII) was a common year starting on Tuesday of the Gregorian calendar. ... Ernest Augustus IV, Prince of Hanover (German Prinz Ernst August von Hannover; 18 March 1914 - 9 December 1987) was the eldest son of Ernest Augustus, Duke of Brunswick-Lüneburg and Princess Viktoria Luise of Prussia. ...

Denizen remained the usual form by which foreign-born subjects swore allegiance to the crown until general naturalisation acts were passed. Naturalisation Acts were passed in 1844, 1847 and 1870. The 1870 act preserved the process of denizen. However, by introducing administrative procedures for naturalising non-British subjects naturalisation became the preferred process. 1844 was a leap year starting on Monday (see link for calendar). ... 1847 was a common year starting on Friday (see link for calendar). ... 1870 (MDCCCLXX) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar or a common year starting on Monday of the 12-day-slower Julian calendar. ... 1870 (MDCCCLXX) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar or a common year starting on Monday of the 12-day-slower Julian calendar. ...

The 1870 legislation also introduced the concept of renunciation of British nationality, and provided for the first time that British women who married foreign men should lose their British nationality. This was a radical break from the common law doctrine that citizenship could not be removed, renounced, or revoked.

The loss of nationality at marriage was changed with the adoption of the British Nationality and Status of Aliens Act 1914. This codified for the first time the law relating to British nationality. However, it did not mark a major change in the substantive content of the law. This was to wait until 1948. 1914 (MCMXIV) was a common year starting on Thursday. ... 1948 (MCMXLVIII) was a leap year starting on Thursday (the link is to a full 1948 calendar). ...

British Nationality and Status of Aliens Act 1914

This legislation came into force on 1 January 1915. British subject status was acquired as follows:

• birth within His Majesty's dominions
• naturalisation in the United Kingdom or a part of His Majesty's dominions which had adopted Imperial naturalisation criteria
• descent through the legitimate male line (child born outside the His Majesty's dominions to a British subject father). This was limited to one generation although further legislation in 1922 allowed subsequent generations born overseas to be registered as British subjects within one year of birth.
• foreign women who married British subject men
• former British subjects who had lost British subject status on marriage or through a parent's loss of status could resume it in specific circumstances (e.g. if a woman became widowed, or children immediately upon turning 21).

British subject status was normally lost by:

• naturalisation in a foreign state, such as the United States of America or France
• in the case of a woman, upon marriage to a foreign man. Prior to 1933, British subject status was lost even if the woman did not acquire her husband's nationality.
• a child of a father who lost British subject status, provided the child also had the father's new nationality.
• renunciation.

1933 (MCMXXXIII) was a common year starting on Sunday (link will take you to calendar). ...

British Nationality Act 1948

The Commonwealth Heads of Government decided in 1948 to embark on a major change in the law of nationality throughout the Commonwealth, following Canada's decision to enact its own citizenship law in 1946. Until then all Commonwealth countries, with the exception of Ireland (see Irish nationality law), had a single nationality status: British subject status. It was decided at that conference that the United Kingdom and the self-governing dominions would each adopt separate national citizenships, but retain the common Imperial status of British subject. The Commonwealth of Nations, usually known as The Commonwealth, is an association of 53 independent sovereign states, almost all of which are former territories of the British Empire. ... 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. ... 1946 (MCMXLVI) was a common year starting on Tuesday. ... A person may be an Irish citizen through birth, descent (heredity), marriage to an Irish citizen or through naturalization. ...

Thus the British Nationality Act 1948 provided for a new status of Citizen of the United Kingdom and Colonies (CUKC), consisting of all those British subjects who had a close relationship (either through birth or descent) with the United Kingdom and its remaining colonies. Each other Commonwealth country did likewise, and also established its own citizenship (with the exception of Newfoundland which became part of Canada on 1 April 1949, Newfoundlanders hence becoming Canadian citizens). April 1 is the 91st day of the year (92nd in leap years) in the Gregorian calendar, with 274 days remaining. ... 1949 (MCMXLIX) was a common year starting on Saturday (the link is to a full 1949 calendar). ...

The Act also provided that British subjects could be known by the alternative title Commonwealth citizen.

It was originally envisaged that all British subjects would get one (or more) of the national citizenships being drawn up under the Act, and that the remainder would be absorbed as CUKCs by the British Government. Until they acquired one or other of the national citizenships, these people continued to be British subjects without citizenship. However, some British subjects never became citizens of any Commonwealth country.

Because the nationality laws of India and Pakistan did not provide for citizenship for everyone who was born in their countries (see Indian nationality law), the British Government refused to "declare" their nationality laws for the purposes of the Act, and therefore those British subjects from these countries who did not become Indian or Pakistani citizens were never absorbed as CUKCs by the British Government. They remained British subjects without citizenship. Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ...

Due to the imminent withdrawal of Ireland from the Commonwealth (which took effect 18 April 1949), special arrangements were made in s.2 of the Act to allow British subjects from Ireland to apply to continue to hold British subject status independently of the citizenship of any Commonwealth country.

Until 1983, the status of British subjects without citizenship was not affected by the acquisition of the citizenship of a non-Commonwealth country. 1983 (MCMLXXXIII) was a common year starting on Saturday of the Gregorian calendar. ...

Acquisition of Citizenship of the UK & Colonies

Under the 1948 Act, CUKC status was acquired by:

• birth in the UK or a colony (exceptions for chidren of 'enemy aliens' and diplomats). The immigration status of the parents was irrelevant.
• naturalisation or registration in the UK or a colony or protectorate
• legitimate descent from a CUKC father for children born elsewhere. Only the first generation acquired British nationality automatically. Second and subsequent generations could do so only if born outside the Commonwealth (or Ireland) and registered within 12 months of birth or the father was in Crown Service.
• incorporation of territory (no persons ever acquired CUKC this way from 1949)
• declaration
• marriage

Provisions for acquisition of CUKC by adoption were not included in the 1948 Act itself but were added soon after.

Requirements for Naturalisation or Registration

Citizens of Commonwealth countries, British subjects and Irish citizens were entitled to register as citizens of the UK and Colonies after one years residence in the UK & Colonies. This was increased to five years in 1962.

Other persons were required to apply for naturalisation after five years residence.

Citizenship by Descent

Prior to 1983, as a general rule British nationality could be transmitted from only the father, and parents were required to be married.

Children born in Commonwealth countries or the Republic of Ireland could not normally access British nationality if the father was British by descent.

Those born in non-Commonwealth countries of second and subsequent generations born overseas could be registered as British within 12 months of birth. However, many such children did not acquire a UK Right of Abode before 1983 and hence became British Overseas citizens in 1983 rather than British citizens.

On 8 February 1979 the Home Office announced that overseas-born children of British mothers would generally be eligible for registration as UK citizens provided application was made before the child reached age 18. Many eligible children were not registered before their 18th birthday due to the fact this policy concession was poorly publicised. Hence it has been effectively reintroduced by the Nationality, Immigration and Asylum Act 2002 for those aged under 18 on the date of the original announcement.

With effect from 30 April 2003, a person born outside the UK to a British mother (who was born or naturalised in the UK) may be entitled to register as a British citizen by descent if that person was born between 8 February 1961 and 31 December 1982. However those with permanent resident status in the UK, or entitled to Right of Abode, may instead prefer to seek naturalisation as a British citizen which gives transmissible British citizenship otherwise than by descent.

Citizenship by Declaration

A person who was a British Subject on 31 December 1948, of United Kingdom & Colonies descent in the male line, and was resident in the UK & Colonies (or intending to be so resident) was entitled to acquire CUKC by declaration under s12(6) of the Act. The deadline for this was originally 31 December 1949, but was extended to 31 December 1962 by the British Nationality Act 1958.

Citizenship by Marriage

Women married to CUKCs had the right to register as CUKCs under section 6(2) of the 1948 Act.

Citizenship by Adoption

Before 1950 there was generally no provision to acquire UK citizenship by adoption:

• between 1 January 1950 and 31 December 1982, a person adopted in the UK by a citizen of the UK & Colonies (CUKC) acquired CUKC automatically if the adopter, or in the case of a joint adoption, the male adopter, was a CUKC.
• children adopted in the Channel Islands and Isle of Man on or after 1 April 1959 acquired CUKC on the same basis as UK adoptees on 16 July 1964, or the date of the adoption order, if later.

In general, a person acquiring CUKC by virtue of adoption in the UK, Channel Islands or Isle of Man, became a British citizen on 1 January 1983

Independence Acts

Many colonies became independent between 1949 and 1982. Under the independence legislation passed in the United Kingdom, a person connected with a particular colony generally lost CUKC on Independence Day if:

• they acquired citizenship of that country on independence; and
• they did not have specified connections to the UK itself or a place which remained a colony

Persons could in some cases lose CUKC even if they had migrated to the UK. In this case, only through naturalisation or registration could they regain CUKC.

Specific exceptions to the loss of CUKC on independence included:

• persons from the Malayan states of Penang and Malacca who, because of the wording of Malaysian independence legislation, did not lose CUKC at independence on 31 August 1957. These persons, together with those born between 1 September 1957 and 31 December 1982 with a CUKC father, form the largest group of British Overseas citizens today. Most also hold Malaysian citizenship.
• CUKCs from Cyprus retained CUKC if habitually resident elsewhere in the Commonwealth (except Cyprus) immediately before 16 August 1960
• In 1981 the Independence Acts dealing with Belize and Antigua/Barbuda exempted persons who had acquired a Right of abode in the UK from loss of CUKC. Such persons would have become British citizens in 1983 due to their Right of abode status.

In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national. ... The right of abode refers to an individuals freedom from immigration control in a particular country. ...

British Nationality Acts of 1958, 1964 and 1965

British Nationality Acts were passed in 1958, 1964 (twice) and 1965:

• The British Nationality Act 1958 legislation dealt with Rhodesia, Ghana independence and reinstating temporarily some lapsed transitional registration entitlements
• The British Nationality Act 1964 provided for resumption of CUKC where it was renounced to obtain another Commonwealth citizens. It was no longer possible for a renuciation of CUKC to take effect if the person did not have another nationality.
• The British Nationality (No 2) Act 1964 provided for British mothers to transmit CUKC status in cases of statelessness of an overseas born child. It also repealed section 20(4) of the 1948 legislation which allowed naturalised CUKCs resident for more than seven years outside the UK & Colonies to be deprived of CUKC in certain circumstances.
• The British Nationality Act 1965 made provision for women married to British subjects without citizenship to acquire British subject status by registration

Commonwealth Immigrants Acts

In the 1960s Britain was concerned with the possible effect of large-scale immigration from its former colonies in Asia and Africa. Until the Commonwealth Immigrants Act 1962, all Commonwealth citizens could enter and stay in the United Kingdom without any restriction. The Commonwealth Immigrants Act 1962 made citizens of the United Kingdom and Colonies whose passports were not directly issued by the United Kingdom Government (i.e. passports issued by the Governor of a colony or by the Commander of a British protectorate) subject to immigration control. Those with passports issued at a British High Commission in an independent Commonwealth country or British Consulate remained free from immigration control. The 1960s decade refers to the years from 1960 to 1969, inclusive. ... World map showing the location of Asia. ... Africa is the worlds second-largest and second-most populous continent, after Asia. ... The title page of European Union member state passports bears the name European Union, then the name of the issuing country, in the official languages of all EU countries. ... 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...

The 1962 Act also increased the residence period for Commonwealth citizens (plus British subjects and Irish citizens) applying for registration as Citizens of the UK and Colonies from one year to five years.

The Commonwealth Immigrants Act 1968 sharpened the distinction between citizens of the United Kingdom and Colonies who had close ties with the United Kingdom and were free to enter, and those citizens who had no such ties and were therefore subject to immigration control. Particularly in the newly independent Commonwealth countries of East Africa, the result was that there were now citizens of the United Kingdom and Colonies who had the right of residence nowhere.

Immigration Act 1971

The Immigration Act 1971 developed this distinction by creating the concept of patriality or right of abode. CUKCs and other Commonwealth citizens had the right of abode in the UK only if they, their husband (if female), their parents or their grandparents were connected to the United Kingdom and Islands (the UK, the Channel Islands and the Isle of Man). This placed the UK in the rare position of denying some of its nationals entry into their country of nationality. (One consequence of this has been the inability of the United Kingdom to ratify the Fourth Protocol to the European Convention on Human Rights, which guarantees the right of abode for nationals, a right which is widely recognized in international law.) The Channel Islands are a group of islands off the coast of Normandy, France, in the English Channel. ... The Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights, was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. ... This article or section is missing references or citation of sources. ...

The following people had the right of abode under the Act:

• A citizen of the United Kingdom and Colonies who was born, adopted, naturalised or registered in the United Kingdom.
• A citizen of the United Kingdom and Colonies who was born to, or legally adopted by, a parent who, at the time of the birth or adoption, was a citizen of the United Kingdom and Colonies born, adopted, naturalised or registered in the United Kingdom.
• A citizen of the United Kingdom and Colonies who was born to, or legally adopted by, a parent who, at the time of the birth, was a citizen of the United Kingdom and Colonies. That parent must have a parent who was a citizen of the United Kingdom and Colonies by birth, adoption, naturalisation or registration in the United Kingdom.
• A citizen of the United Kingdom and Colonies who by 1 January 1983 had been ordinarily resident in the United Kingdom for five years or more without being restricted by the immigration laws to how long he or she could stay.
• A Commonwealth citizen who was born to, or legally adopted by, a parent who, at the time of the birth or adoption, was a citizen of the United Kingdom and Colonies by birth in the United Kingdom.
• A female Commonwealth citizen or citizen of the United Kingdom and Colonies who was, or had been, the wife of a man with the right of abode.
• A citizen of the United Kingdom and Colonies who was registered in an independent Commonwealth country by the British High Commissioner.

The following people did not have the right of abode: Adoption is the legal act of permanently placing a child with a parent or parents other than the birth parents. ... -1... 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. ...

• A woman who was registered under section 6(2) of the British Nationality Act 1948 on or after 28 October 1971, unless she got married before that date and her husband has the right of abode.
• A minor child who was registered under section 7 of the British Nationality Act 1948 in an independent Commonwealth country by the British High Commissioner on or after 28 October 1971.

The most notable group over whom control was sought were the Ugandan Indians who were expelled from Uganda by Idi Amin between 1968 and 1972. As CUKCs who had passports issued by a British High Commissioner they were arriving in the United Kingdom in large numbers. A number of 'resettlement' options were looked at, including settling Indians on a suitable island in the dependent territories such as the Falkland Islands or Solomon Islands. The Lord Lester of Herne Hill, QC, has written a detailed paper, East African Asians versus The United Kingdom: The Inside Story, setting out the difficulties faced by the group. See also UK 'did not want Ugandan Asians' published by the BBC in 2003. 1628 - The Siege of La Rochelle, which had been ongoing for 14 months, ends with Huguenot surrender 1664 - The Duke of York and Albanys Maritime Regiment of Foot later to be known as the Royal Marines is established. ... 1971 (MCMLXXI) was a common year starting on Friday (the link is to a full 1971 calendar). ... 1628 - The Siege of La Rochelle, which had been ongoing for 14 months, ends with Huguenot surrender 1664 - The Duke of York and Albanys Maritime Regiment of Foot later to be known as the Royal Marines is established. ... 1971 (MCMLXXI) was a common year starting on Friday (the link is to a full 1971 calendar). ... Idi Amin on a ten-shilling note Idi Amin (May 17, 1924[1] – August 16, 2003) was an army officer and President of Uganda (1971 to 1979). ... 1968 (MCMLXVIII) was a leap year starting on Monday (the link is to a full 1968 calendar). ... 1972 (MCMLXXII) was a leap year starting on Saturday (the link is to a full 1972 calendar). ... A High Commissioner is a person serving in a special executive capacity. ... Anthony Paul Lester, Lord Lester of Herne Hill, QC (born July 3, 1936) is a British politician and member of the House of Lords, and a member of the Liberal Democrats. ... Herne Hill is a neighbourhood in the London Borough of Lambeth and the London Borough of Southwark in Greater London. ... The official portrait of former Canadian Prime Minister Kim Campbell, who was made a Queens Counsel as Justice Minister in 1992. ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

However, the concept of patriality was recognized as only a temporary solution, so the British government embarked on a major reform of the law, resulting in the British Nationality Act 1981. 1981 (MCMLXXXI) was a common year starting on Thursday of the Gregorian calendar. ...

British Nationality Act 1981

The British Nationality Act 1981 abolished the status of CUKC, and replaced it with three new categories of citizenship on 1 January 1983: 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. ...

• British citizenship,
• British Dependent Territories citizenship (BDTC), which was renamed British Overseas Territories citizenship (BOTC) by the British Overseas Territories Act 2002 (see below) and
• British Overseas citizenship (BOC).

British Citizens are those former CUKCs who had a close relation with the United Kingdom and Islands (i.e. those who possessed right of abode under the Immigration Act 1971); BOTCs are those former CUKCs with a close relationship with one of the remaining colonies, renamed Overseas Territories; while BOCs are those former CUKCs who did not qualify for either British citizenship or British Dependent Territories citizenship. 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). ... 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 (almost exclusively Great Britain and Northern Ireland). ...

The law distinguishes between British citizen or British Overseas Territories citizen by descent and those who hold those statuses otherwise than by descent. Citizens by descent cannot automatically pass on British nationality to a child born outside the United Kingdom or its Overseas Territories (though in some situations the child can be registered as a citizen).

British Overseas citizens cannot generally pass on British Overseas citizenship, except in limited cases to avoid statelessness or other hardship.

It is possible to hold more than one of these citizenships simultaneously. In fact, since the British Overseas Territories Act 2002 granted British citizenship to all the Overseas Territories (except the Cyprus Sovereign Base Areas), most British overseas territories citizens also hold British citizenship. Additionally, a British Overseas citizen who acquires British citizenship will not lose British Overseas citizenship, although there is generally no added benefit from retaining this status. 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. ...

Those Commonwealth citizens and British subject already entitled to Right of Abode under the Immigration Act 1971 retained this status provided they did not cease to be Commonwealth citizens or British subjects after 1983. However, countries that joined the Commonwealth after 1 January 1983 are exempt from this scheme. These are South Africa, Pakistan, Namibia, Cameroon and Mozambique. Those who come to the UK under this scheme may claim state benefits if they can show that they intend to make the UK their permanent home. Commonwealth citizens who have the right of abode need to apply for a certificate of entitlement if they want to enter the UK. The certificate is a sticker which is placed inside a non-British passport and costs £20 if applied for in the UK. The cost is higher at British missions overseas. After five years living in the UK, a person who has moved to the UK under the Right of Abode can apply to naturalise as British citizen and obtain a British passport. 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. ... The title page of European Union member state passports bears the name European Union, then the name of the issuing country, in the official languages of all EU countries. ...

British Subject and British Protected Person

The 1981 Act retained the category of British subject without citizenship as British subject. British subjects are mainly people from the Indian sub-continent and Ireland. It ended the use of the term for those British subjects who had one of the various national citizenships, though the term Commonwealth citizen continues to be used in that regard.

Persons who held British subject status based on connections with what is now the Republic of Ireland before 1949 remain entitled to resume that status if they wish.

The status of British subject under the 1981 Act cannot be transmitted to children, although the Home Secretary has discretion to register a child as a British subject. This discretion is very rarely exercised. The Secretary of State for the Home Department, known as the Home Secretary, is the chief United Kingdom government minister responsible for law and order (except in Scotland). ...

British subject status can be renounced, but cannot be resumed for any reason. British subjects (except those connected with Ireland) lose their British subject status automatically if they acquire any other nationality.

For further information on the present use of the term "British subject", see British subject. In British nationality law, the term British subject has at different times had different meanings. ...

The 1981 Act also retained another category, that of British Protected Person (BPP), which is not a form of nationality as such (BPPs were never British subjects), but a status conferred on citizens of states under British protection. It has been argued that since BPPs are not considered stateless, they must hold some form of nationality, and that nationality must be a form of British nationality. A stateless person is someone with no state or nationality, sometimes because the state that gave their previous nationality has ceased to exist and there is no successor state. ...

British Protected Persons are those who had a connection with a former British Protectorate, Protected State, League of Nations mandate or United Nations trust territory. These were mainly in Asia and Africa. British Overseas Citizens, by contrast, are those who have such a relationship with former British colonies. (Protectorates, Protected States, Mandates and Trust Territories were never, legally speaking, British colonies.) A British Protected Person will lose that status upon acquiring any other nationality or citizenship. League of Nations mandates were territories established under Article 22 of the Covenant of the League of Nations, 28 June 1919. ... United Nations Trust Territories were the successors of the League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. ...

British National (Overseas)

Main article: British nationality and Hong Kong This article concerns matters of British nationality law in relation to Hong Kong. ...

Advertisement for BN(O) renewal. Adopted from HK Magazine.

The Hong Kong handover resulted in yet another nationality: British National (Overseas) or BN(O). There were some 3.5 million residents of Hong Kong who held British Dependent Territories citizen (BDTC) status by virtue of their connection with Hong Kong. Another 2 million other Hong Kong residents are believed to have been eligible to apply to become BDTCs. Upon handover, they would lose this status and became solely PRC citizens. Uncertainty about the future of Hong Kong under PRC rule led to the United Kingdom creating a new category of nationality for which Hong Kong BDTCs could apply. Any Hong Kong BDTC who wished to do so was able to acquire the (non-transmissible) status of British National (Overseas). Image File history File links BNO advertisement, HK Magazine, Hong Kong. ... Image File history File links BNO advertisement, HK Magazine, Hong Kong. ... HK Magazine is a free, Hong Kong-based English-language weekly magazine published by Asia City Publishing Limited. ... Nationality Law of the Peoples Republic of China This law is applicable to the acquisition, loss and restoration of nationality of the Peoples Republic of China. ... PRC redirects here. ...

British Citizenship Legislation for Hong Kong

The handover of Hong Kong also resulted in:

• the British Nationality (Hong Kong) Act 1990 and the associated British Nationality Selection Scheme; and
• the Hong Kong (War Wives and Widows) Act 1996 which gave certain women in Hong Kong the right to register as British citizens based on their husband's or former husband's war service in defence of Hong Kong during the Second World War; and
• the British Nationality (Hong Kong) Act 1997 which gave non-Chinese ethnic minorities in Hong Kong access to British citizenship

In February 2006, British authorities announced that 600 British citizenship applications of ethnic minority children of Indian descent from Hong Kong were wrongly refused. The applications dated from the period July 1997 onwards. Where the applicant in such cases confirms that he or she still wishes to receive British citizenship the decision will be reconsidered on request. No additional fee will be payable by the applicant in such cases. A template to request reconsideration can be downloaded from www.britishcitizen.info. Section 1(1) of the British Nationality (Hong Kong) Act 1990 gave the Home Secretary the power to register as British citizens up to 50,000 persons (heads of families) recommended to him by the Governor of Hong Kong. ...

Recent changes to India's Citizenship Act 1955 (see Indian nationality law) provide that Indian citizenship by descent can no longer be acquired automatically at the time of birth. This amendment will also allow some children of Indian origin born in Hong Kong after 3 December 2004 who have a British National (Overseas) or British Overseas citizen parent to automatically acquire British Overseas citizenship at birth (see www.britishcitizen.info) under the provisions for reducing statelessness in article 6(2) or 6(3) of the Hong Kong (British Nationality) Order 1986. If they have acquired no other nationality after birth, they will be entitled to register for full British citizenship with right of abode in the UK. Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ... December 3 is the 337th (in leap years the 338th) day of the year in the Gregorian calendar. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

British Overseas Territories Act 2002

The British Overseas Territories Act 2002 changes the British Dependent Territories to British Overseas Territories, and British Dependent Territories Citizenship to British Overseas Territories Citizenship. This change is supposed to reflect the no longer "dependent" status of these territories, but may create confusion due to the close similarity between the terms "British Overseas Citizen" and "British Overseas Territories Citizen".

The Act also extends British citizenship to all British Overseas Territories Citizens the right to register as British Citizens, and thus acquire the right of abode, except those whose connection is solely with the military outposts known as the Sovereign Base Areas in Cyprus. Look up Act on Wiktionary, the free dictionary Act may refer to: in law, a written document that attests the legality of the transaction. ...

• Those persons who held British Overseas Territories citizenship (BOTC) on 21 May 2002 (except those solely connected with the Sovereign Base Areas) automatically acquired British citizenship on that date if they did not already possess it. Most people from Gibraltar and the Falkland Islands already held full British citizenship under earlier legislation, or had the right to register as British.
• Persons who acquire BOTC after 21 May 2002 and do not already have British citizenship (mainly those naturalised as BOTCs after that date) may register as British citizens if they wish under s4A of the 1981 Act.

Until their successful claim against the British Government in the High Court over their eviction from their Territory, those connected to the British Indian Ocean Territory which houses the United States military base of Diego Garcia were to be excluded as well, but are now included. The accession of the whole island of Cyprus to the European Union would possibly have made the sole exclusion of the Sovereign Base Areas untenable, as they would become the only Cypriots (as well as the only British Overseas Territories citizens) not to have the right to live and work in the United Kingdom. However, in 2004, only the Greek part of the island was admitted, and the issue has not surfaced. May 21 is the 141st day of the year in the Gregorian calendar (142nd in leap years). ... For album titles with the same name, see 2002 (album). ... Her Majestys High Court of Justice (known more simply as the High Court) is, together with the Crown Court and the Court of Appeal, part of the Supreme Court of England and Wales in England and Wales: see Courts of England and Wales. ... Diego Garcia () is a 44 square kilometre (17 square mile) atoll located in the heart of the Indian Ocean, some 1,600 kilometres (1,000 miles) south of Indias southern coast. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...

Nationality, Immigration & Asylum Act 2002

This Act created a number of changes to the law including:

British Nationals with no other citizenship

The Nationality, Immigration and Asylum Act 2002 has also 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. July 4 is the 185th day of the year (186th in leap years) in the Gregorian Calendar, with 180 days remaining. ... 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). ... // INTELLIGENT BEHAVIOURS TO BECOME MORE RICHER AND SECURE WITHIN INDIA REMOVE POVERTY AND TO INCREASE SECURITY OF INDIA, THERE IS A NEED TO USE HIGHER INTELLIGENT, THAT IS TO SAY, TO PROMOTE FOREIGN CITIZENS OF FIRST WORLD COUNTRIES TO BECOME CITIZEN OF INDIA WHEREBY THEY HAVE RIGHTS TO PURCHASE WHOLE... Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. ...

Overseas born children of British mothers

The Act has also conferred a right to registration as a British citizen on persons born between 8 February 1961 and 31 December 1982 who, but for the inability (at that time) of women to pass on their citizenship, would have acquired British citizenship automatically when the British Nationality Act 1981 came into force. A person is entitled to registration if: February 8 is the 39th 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). ... December 31 is the 365th day of the year (366th in leap years) in the Gregorian Calendar. ... 1982 (MCMLXXXII) was a common year starting on Friday of the Gregorian calendar. ...

• the person was born after 7 February 1961 but before 1 January 1983;
• the person was born to a mother who was a citizen of the United Kingdom and Colonies at the time and the person would have been a citizen of the United Kingdom and Colonies by descent if it had been possible for women to pass on citizenship of the United Kingdom and Colonies to their children in the same way as men could; and
• had the person been a citizen of the United Kingdom and Colonies, they would have had the right of abode in the United Kingdom under the Immigration Act 1971 and would have become a British citizen on 1 January 1983.

Registration under both these categories confers British citizenship by descent and hence those with permanent residence in the United Kingdom, or those with the right to take up permanent residence in the United Kingdom, may prefer to apply for naturalisation or section 4 registration instead. Both of these registration categories give British citizenship otherwise than by descent. February 7 is the 38th 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). ... 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. ... 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. ...

Citizenship Ceremonies

All new applicants for British citizenship from 1 January 2004 who are aged 18 or over must attend a citizenship ceremony and take an Oath of Allegiance and a Pledge to the United Kingdom before their grant of British citizenship can take effect

• the requirement for a citizenship ceremony applies to applicants for registration as well as naturalisation
• prior to 1 January 2004, British overseas territories citizens, British Overseas citizens, British subjects and British Nationals (Overseas), as well of citizens of countries sharing the Queen as Head of State (such as Australia and Canada) were exempt from taking the oath of allegiance. This exemption was abolished.

Similar requirements are imposed on applicants for British overseas territories citizenship, with the exception that the Pledge is based on the relevant territory rather than the United Kingdom.

It is unusual for adults to acquire British Overseas citizenship or British subject status (application must be made before age 18 and is very rarely granted), however in such a case only an Oath of Allegiance would be required.

English Language Requirements

From 28 July 2004, English (or Welsh or Scottish Gaelic) language requirements for naturalisation applicants were increased:

• the language competency requirement was extended to those applying for naturalisation as the spouse of a British citizen
• evidentiary requirements were increased.

Life in the United Kingdom Test

From 1 November 2005, all new applicants for naturalisation as a British citizen must (unless exempted) prove they have passed the Life in the United Kingdom Test

• The test must be passed before application is made to the Home Office
• Those who pass the test do not need to provide separate evidence of language competency
• Those aged 65 or over may be able to claim exemption
• Those who attend combined citizenship/English (or Welsh) classes may be exempt the test

Neither the language nor Life in the UK Test requirements apply to those seeking registration (as opposed to naturalisation) as a British citizen.

See also

• Britishness test
• Immigration to the United Kingdom
• Citizen Information Project
• Multiple citizenship
• UK topics
• Immigration arrangements for British passport holders from Hong Kong visiting the Republic of China (Taiwan)
• British nationality law and the Republic of Ireland
• British subject
• British nationality law
• British Overseas Territories Act 2002
• British Nationality (Falkland Islands) Act 1983

The Britishness test is a hypothetical list of questions that will be posed to applicants for British citizenship. ... The landmass now comprising the United Kingdom had a long history of immigration from mainland Europe, from the Beaker people of the 3rd millennium BC, to the waves of invasions by the Roman Empire and the Anglo-Saxons and Normans. ... In the United Kingdom, the Citizen Information Project (CIP) is a plan by the Office for National Statistics to build a national population register. ... Countries that do (yellow) and do not (red) recognize multiple citizenship. ... This is a list of topics related to the United Kingdom. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article concerns British nationality law in respect of citizens of the Republic of Ireland. ... 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 British citizenship and other categories of British nationality. ... 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. ...

Statistics on British Citizenship

Statistics on persons granted British citizenship since 1984 are available on the Home Office website (in pdf format):

2004, 2003, 2002, 2001, 2000, 1999, 1998, 1997, 1996, 1995, 1994, 1993, 1992, 1991, 1990, 1989, 1988, 1987, 1986, 1985, 1984

External links

• Emily Lau's Letter to former Foreign Secretary Robin Cook (In the letter she urges the UK to include Hong Kong in its offer to extend British citizenship to colonial citizens)
• Sanjay Shah, a British Overseas citizen passport holder, spent the 13 months living in the duty free section of Nairobi's Jomo Kenyatta airport, petitioning for full British Citizenship. [1] [2] [3] [4]
• Home Office Nationality Instructions (British nationality policy and background notes)
• British Nationality Acts: 1981, 1965, 1964, 1958, 1948, 1772, 1730
• Aliens Act 1905 (As originally enacted) (PDF)
• British Nationality and Status of Aliens Act 1914 (As originally enacted) (PDF)