162-465: A British Overseas Territories citizen ( BOTC ), formerly called British Dependent Territories citizen ( BDTC ), is a member of a class of British nationality granted to people connected with one or more of the populated British Overseas Territories , other than the Falkland Islands or Gibraltar . This category was created to differentiate between British nationals with strong ties to
324-589: A BOTC on the effective day of adoption if either parent is a BOTC or has belonger status. In all cases that an individual is a British Overseas Territories citizen at birth or adoption within the territories, that person is a BOTC otherwise than by descent . Individuals born outside of the territories are BOTCs by descent if either parent is a BOTC otherwise than by descent . Unmarried BOTC fathers cannot automatically pass down their BOTC status, and it would be necessary for them to register children as BOTCs. A child, now an adult, born abroad before 1 July 2006, (not in
486-509: A BOTC on the effective day of adoption if either parent is a BOTC or has belonger status. In all cases that an individual is a British Overseas Territories citizen at birth or adoption within the territories, that person is a BOTC otherwise than by descent. Individuals born outside of the territories are BOTCs by descent if either parent is a BOTC otherwise than by descent. Unmarried fathers cannot automatically pass on BOTC status, and it would be necessary for them to register children as BOTCs. If
648-433: A British citizen. Equally, it allowed for British citizenship to be acquired through birth in an overseas territory or to a relevant parent from an overseas territory. This means that people in the above groups have missed out on both BOTC and British citizenship. The British Nationality Act 1981, therefore, needs to be amended to allow them to acquire the statuses they would have had if the law had not been discriminatory. If
810-706: A British subject in Canada, but not the United Kingdom or South Africa. The country was included in the list of Commonwealth nations in Canadian law, despite South Africa having left the Commonwealth in 1961 and not rejoining it until 1994. By the 1980s, most colonies of the British Empire had become independent. Parliament updated nationality law to reflect the more modest geographical boundaries of
972-488: A British territory became British Overseas citizens . The definition of "British subject" became limited to include only the category of people previously called British subjects without citizenship who held that status through a connection with former British India or Ireland before 1949. In 1973, the United Kingdom joined the European Communities (EC), a set of organisations that later developed into
1134-400: A British territory became British Overseas citizens . While all nationals under those categories continue to be Commonwealth citizens, the definition of British subject was limited to its present meaning. It currently only includes the category of people previously called British subjects without citizenship as well as women who married such persons and registered for the status. The term
1296-477: A Crown colony or another country). Despite differences in immigration status being created, there was no de jure difference between the two in a nationality context, as the 1948 Act still specified one tier of citizenship throughout the UK and its colonies. This changed in 1983, when the 1948 Act was replaced by a multi-tier nationality system. The current principal British nationality law in force, since 1 January 1983,
1458-764: A citizen of the UK and Colonies and acquired a right of abode in the UK - aimed to cover those who had a maternal connection with the UK. The registration criteria were extended in legislation in 2009, but as this was introduced as an unexpected Lord's amendment there was no time to consult with BOT governments about the implications of doing something for BOTCs, which could have an impact on territory migration. 2. Children born before 1 July 2006 to BOTC fathers Similarly, children born to British unmarried fathers could not acquire British nationality through their father before 1 July 2006. Registration provisions were introduced for people born to unmarried British citizen fathers before 1 July 2006 to be registered as citizens by section 65 of
1620-628: A class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens . The status under the current definition does not automatically grant the holder right of abode in the United Kingdom but almost all British subjects do have this entitlement. As of 2024, about 22,700 British subjects hold valid British passports with this status and enjoy consular protection when travelling abroad; fewer than 700 do not have right of abode in
1782-565: A colony were still entitled to imperial protection. Certain territories that came under British jurisdiction were not formally incorporated as Crown territory proper. These included protectorates, protected states, mandated territories, and Indian princely states. Because domestic law treated these areas as foreign territory, birth in one of these areas did not automatically confer British subject status. Instead, most people associated with these territories were designated as British protected persons. British protected persons were treated as aliens in
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#17327724809731944-596: A declaration to the Home Secretary , provided that the declarant possesses or intends to acquire another nationality. Former British citizens or BOTCs may subsequently apply for nationality restoration. Applicants who had originally renounced their British nationality in order to retain or acquire another nationality are entitled to register as British citizens or BOTCs once. Any subsequent renunciation and application for restoration, or someone applying for restoration who originally renounced their British nationality for
2106-587: A given territory may vote or stand for public office in that jurisdiction. British Overseas Territories citizens are subject to immigration controls and have neither the right of abode nor the right to work in the United Kingdom. BOTCs other than Gibraltarians are also required to pay a " health surcharge " to access National Health Service benefits when residing in the UK for longer than six months and do not qualify for most welfare programmes. However, since 2002, almost all BOTCs are also British citizens and have UK right of abode. When exercising that right and entering
2268-539: A lawyer-run website, in 2022, found at least 464 people's citizenships were revoked in the last 15 years. After the Nationality, Immigration and Asylum Act 2002 came into force British nationals could be deprived of their citizenship if and only if the Secretary of State was satisfied they were responsible for acts seriously prejudicial to the vital interests of the United Kingdom or an Overseas Territory. This
2430-475: A material fact, if they are satisfied that the order would make a person stateless. This provision was again modified by the Immigration Act 2014 so as not to require that a third country would actually grant nationality to a person; British nationality can be revoked if "the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside
2592-481: A national nor a citizen, but a British subject . British citizenship was not created until passage of the British Nationality Act 1981 . This Act defined six types of nationality with varying degrees of civil and political rights, dependent on a person's connections with the United Kingdom, overseas territories, or former colonies. British citizens hold their status because of a close connection with
2754-666: A parent born in the UK. Applicants who successfully register in this way become British citizens by descent and cannot pass citizenship to their children born outside of the UK. Individuals who become British citizens would automatically lose British subject status if they are not connected with Ireland. Otherwise, British subjects may also be British citizens simultaneously. British subjects who do not hold and have not lost any other nationality on or after 4 July 2002 are entitled to register as British citizens. In Australia , British subjects who were enrolled to vote before 26 January 1984 retain that right in elections and referendums despite
2916-445: A parent holding one of these statuses would otherwise be stateless. British Overseas citizens retain their status by association with most former British colonies, British subjects are connected specifically with Ireland or British India before 1949, and British protected persons are associated with territories that were under British control but not formally incorporated as part of the British Empire. British National (Overseas) status
3078-472: A parent is a BOTC by descent , additional requirements apply to register children as BOTCs. Parents serving in Crown service who have children abroad are exempted from these circumstances, and their children would be BOTCs otherwise than by descent as if they had been born on their home territory. Foreigners and non-BOTC British nationals may naturalise as British Overseas Territories citizens after residing in
3240-410: A parent is a BOTC by descent, additional requirements apply to register children as BOTCs. Parents in Crown service who have children abroad are exempted from these circumstances, and their children would be BOTCs otherwise than by descent, as if they had been born on their home territory. Foreigners and non-BOTC British nationals may naturalise as British Overseas Territories citizens after residing in
3402-470: A period before the birth. Adopted children are treated as if they were naturally born to the adopting parents at the time of adoption. Children born abroad to members of the British Armed Forces or British citizens on Crown service are treated as if they were born in the UK. Children born in the UK to a resident Irish citizen at any time are always British citizens at birth. Since 1983,
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#17327724809733564-460: A person's legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country, while citizenship usually means the set of rights and duties a person has in that nation. This distinction is clearly defined in many non-English speaking countries but not in the Anglosphere . Historically, an individual associated with Britain was neither
3726-435: A qualifying connection with the United Kingdom. Under the British Nationality Act 1981 , which went into effect on 1 January 1983, colonial CUKCs (other than Gibraltarians and Falkland Islanders) without a qualifying connection to the United Kingdom became British Dependent Territories citizens (renamed British Overseas Territories citizenship in 2002), a citizenship which did not include right of abode anywhere – not even in
3888-584: A reason unrelated to acquiring or retaining an alternate nationality, would be subject to the discretionary approval of the Home Secretary. British subjects (other than British subjects by virtue of a connection with the Republic of Ireland) and British protected persons lose British nationality upon acquiring any other form of nationality. The British government does not publish the number of people it strips of citizenship, but independent research by
4050-700: A republic and removed the British monarch's remaining official functions in the Irish state. This was recognised by Britain after passage of the Ireland Act 1949 . Although Irish citizens have no longer been defined as British subjects in British law since 1949, they continue to be treated as non-foreign in the United Kingdom and retain the same rights and privileges exercised by Commonwealth citizens; Irish citizens remain eligible to vote and stand for parliament in
4212-428: A right of abode in a territory) would require wider consultation with governors and territory governments, which was not possible prior to the introduction of that Act. Corresponding provisions were not therefore included for British overseas territories citizenship. 3. British Overseas Territories Act 2002 The British Overseas Territories Act 2002 provided that anyone who was a BOTC on 21 May 2002 automatically became
4374-517: A subject by royal prerogative . By this method, a foreigner became a denizen – although they were no longer considered an alien, they could not pass subject status to their children by descent and were barred from Crown service and public office. This mechanism was no longer used after 1873. Until the mid-19th century, it was unclear whether nationality regulations in Great Britain (the United Kingdom from 1801) were applicable elsewhere in
4536-427: A subject by royal prerogative . By this method, a foreigner became a denizen – although they were no longer considered an alien, they could not pass subject status to their children by descent and were barred from Crown service and public office. This mechanism was no longer used after 1873. Until the mid-19th century, it was unclear whether nationality regulations in the United Kingdom were applicable elsewhere in
4698-475: A substantial portion of the 70% who were born in Bermuda have parents or grandparents born in the United Kingdom. The majority of Bermudians who retained right of abode in the United Kingdom after 1 January 1983 were, however, white (with whites making up a third of the population). Very few black Bermudians retained right of abode in the United Kingdom through a forebear born in the United Kingdom. Although after
4860-495: A territory for more than five years and possessing belonger status or permanent residency for more than one year. The residency requirement is reduced to three years if an applicant is married to a BOTC. All applicants for naturalisation and registration are normally considered by the governor of the relevant territory , but the Home Secretary retains discretionary authority to grant BOTC status. Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to
5022-494: A territory for more than five years and possessing belonger status or permanent residency for more than one year. The residency requirement is reduced to three years if an applicant is married to a BOTC. All applicants for naturalisation and registration are normally considered by the governor of the relevant territory , but the Home Secretary retains discretionary authority to grant BOTC status. Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to
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5184-421: A territory that becomes independent and that person gains the new country's citizenship. The last territory to have done so is Saint Kitts and Nevis in 1983. BDTCs connected with Hong Kong also had their status removed at the transfer of sovereignty in 1997, but were able to register for British National (Overseas) status before the handover. British Overseas Territories citizens are exempted from obtaining
5346-519: A visa or entry certificate when visiting the United Kingdom for less than six months. They are eligible to apply for two-year working holiday visas and do not face annual quotas or sponsorship requirements. When travelling in other countries, they may seek British consular protection. BOTCs are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens . These include exemption from registration with local police, voting eligibility in UK elections, and
5508-489: A woman's consent to marry a foreigner was also assumed to be intent to denaturalise ; British women who married foreign men automatically lost their British nationality. There were two exceptions to this: a wife married to a husband who lost his British subject status was able to retain British nationality by declaration, and a British-born widow or divorcée who had lost her British nationality through marriage could reacquire that status without meeting residence requirements after
5670-651: A woman's nationality after her marriage. Irish resistance to the Union and desire for local self-governance led to the Irish War of Independence . During the war, the island of Ireland was partitioned into two parts . Arising from the Anglo-Irish Treaty that ended the war, Southern Ireland became the Irish Free State in 1922, while Northern Ireland remains part of the United Kingdom. Under
5832-449: Is a British citizen or considered to have settled status in the UK. Section 2 of the Act establishes that adults born overseas are British citizens by descent if either parent is a citizen otherwise than by descent, subject to regulations. Section 3 of the Act establishes also that minors may be entitled to be citizens by registration if a parent is a citizen by descent who lived in the UK for
5994-559: Is a British citizen or holds settled status . Foreign nationals may naturalise as British citizens after meeting a minimum residence requirement (usually five years) and acquiring settled status. The United Kingdom was previously a member state of the European Union (EU) and British citizens held full EU citizenship . They had held automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and were able to vote in elections to
6156-594: Is a British national. Of these statuses, only British citizenship grants automatic right of abode in the United Kingdom . British Overseas Territories are areas outside of the British Islands where the UK holds sovereignty. Since 2002, nearly all BOTCs also hold British citizenship, except for those associated with Akrotiri and Dhekelia . The other four categories are residual nationality classes that generally cannot be acquired. BOCs are people connected with former British colonies who have no close ties to
6318-648: Is a class of British nationality, it is not a citizenship of a British Overseas Territory or of the British Overseas Territories collectively, as the name may imply.) As the United Kingdom is a Commonwealth Realm, all British Nationals, including BDTCs, remained Commonwealth citizens , though free movement by citizens of other Commonwealth countries into the United Kingdom had ended with the Commonwealth Immigrants Act 1962 . (The British Overseas Territories are not members of
6480-475: Is associated with the British Islands. British nationals associated with an overseas territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia ) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic right of abode in
6642-461: Is no longer synonymous with Commonwealth citizen . British citizens are not British subjects as defined by the 1981 Act. In other Commonwealth countries that still retained it, British subject status under the previous definition was progressively abolished. The status remained in law in South Africa until 1961, Canada until 1977, New Zealand until 1977, and Australia until 1987. Though
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6804-536: Is possessed. Aside from different categories of a citizenship, the 1981 Act also ceased to recognise Commonwealth citizens as British subjects. The results of the Acts of 1968, 1971, and 1981 were the cause of much anger underlying these changes. Observing that Gibraltar and the Falkland Islands retained full British Citizenship caused particular anger. Bermuda, which had absorbed considerable immigration from
6966-499: Is resistant to answering questions, for example under the Freedom of Information Act 2000 . It appears that the government usually waits until the person has left Britain, then sends a warning notice to their British home and signs a deprivation order a day or two later. Appeals are heard at the highly secretive Special Immigration Appeals Commission (SIAC), where the government can submit evidence that cannot be seen or challenged by
7128-415: Is the British Nationality Act 1981 , which established the system of multiple categories of British nationality. To date, six tiers were created: British citizens , British Overseas Territories citizens , British Overseas citizens , British Nationals (Overseas) , British subjects , and British protected persons . Only British citizens and certain Commonwealth citizens have the automatic right of abode in
7290-785: The Acts of Union 1707 , English and Scottish subjects became British subjects. Similarly, the Kingdom of Ireland was merged with the Kingdom of Great Britain to form the United Kingdom of Great Britain and Ireland in 1801. Natural-born subjects were considered to owe perpetual allegiance to the Crown and could not voluntarily renounce British subject status until this was first permitted in 1870. Prior to 1708, foreigners could only be naturalised through Acts of Parliament . Protestants fleeing religious persecution in mainland Europe were allowed to naturalise as subjects in 1708, but this
7452-478: The British Empire . Individual colonies had each developed their own procedures and requirements for naturalisation, granting subject status at the discretion of the local governments. In 1847, Parliament formalised a clear distinction between subjects who were naturalised in the UK and those who became British subjects in other territories. Individuals who naturalised in the UK were deemed to have received
7614-431: The British Islands (e.g. being born in the islands or having a parent or a grandparent who was born there) had right of abode , meaning they were exempt from immigration control and had the right to enter, live and work in the islands. The act, therefore, had de facto created two types of CUKCs: those with right of abode in the UK, and those without right of abode in the UK (who might or might not have right of abode in
7776-541: The British Nationality and Status of Aliens Act 1914 ( 4 & 5 Geo. 5 . c. 17). British subject status was standardised as a common nationality across the Empire. Dominions that adopted Part II of this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalisation. The 1914 regulations codified the doctrine of coverture into imperial nationality law, where
7938-534: The English , Welsh , or Scottish Gaelic languages and pass the Life in the United Kingdom test . Individuals born in a territory automatically receive BOTC status if at least one parent is a BOTC or has belonger status . Children born in an overseas territory to British citizen parents who are not settled in a territory are British citizens at birth, but not BOTCs. Parents do not necessarily need to be connected with
8100-533: The European Union (EU). British citizens were able to work in other EC/EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome and participated in their first European Parliament elections in 1979 . With the creation of European Union citizenship by the 1992 Maastricht Treaty , free movement rights were extended to all nationals of EU member states regardless of their employment status. The scope of these rights
8262-554: The European Union Settlement Scheme or another path. Foreign nationals may naturalise as British citizens after residing in the UK for more than five years and possessing indefinite leave to remain (ILR) for at least one year. The residency requirement is reduced to three years if an applicant is married to a British citizen and they immediately become eligible for naturalisation after receiving ILR or equivalent. Applicants must demonstrate proficiency in
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#17327724809738424-726: The First World War , the Dominions developed distinct national identities. Britain formally recognised this at the 1926 Imperial Conference , jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that the United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations . Legislative independence of the Dominions
8586-439: The Home Secretary to remain British subjects under this definition. Additionally, those who did not qualify for CUKC status or citizenship in other Commonwealth countries, or were connected with a country that had not yet defined citizenship laws, would transitionally remain British subjects in this group. Despite the accommodations for republics, Ireland ended its Commonwealth membership in 1948 when it formally declared itself
8748-580: The House of Lords debate on the British Overseas Territories Bill on 10 July 2001: Citizenship was granted irrevocably by Charles I. It was taken away, quite wrongly, by Parliament in surrender to the largely racist opposition to immigration at the time. After passage of the British Nationality Act 1981 , CUKCs were reclassified into different nationality groups based on their ancestry and birthplace: CUKCs with right of abode in
8910-516: The Schengen Area . Gibraltar was the sole exception to this; BOTCs connected to that territory were also EU citizens and did have freedom of movement within the EU. British nationality law The primary law governing nationality in the United Kingdom is the British Nationality Act 1981 , which came into force on 1 January 1983. Regulations apply to the British Islands , which include
9072-419: The United Kingdom and those connected only with an overseas territory (other than Gibraltar or the Falkland Islands ), both of which groups had shared Citizenship of the United Kingdom and Colonies (CUKC) before 1 January 1983. The primary right of citizenship, that of abode in the United Kingdom, had been taken away from colonial CUKCs by 1968 and 1971 acts of Parliament , unless they retained it through
9234-460: The monarch . This system of loyalty, indirectly owed to the monarch personally, developed into a general establishment of subjecthood to the Crown . Calvin's Case in 1608 established the principle of jus soli , that all those who were born within Crown dominions were natural-born subjects. After the Acts of Union 1707 , English and Scottish subjects became British subjects. Natural-born subjects were considered to owe perpetual allegiance to
9396-431: The 1 January 1983 any BDTC who legally resided in the United Kingdom for five years (generally with a student's visa or a work permit) was entitled to have leave to remain entered into his or her passport, this was an avenue that few black Bermudians could utilise, as not many could afford to study in the United Kingdom, and fewer still were able to obtain a work permit. At the time of nationality reclassification in 1983,
9558-584: The 1981 Act who held UK right of abode were defined as UK nationals for the purposes of EU law. Although the Crown dependencies were part of the European Union Customs Union , free movement of persons was never implemented in those territories. Following the UK's withdrawal from the EU on 31 January 2020, British nationals have no longer been EU citizens. Despite this, British citizens continue to have free movement in Ireland as part of
9720-547: The Act renamed the status British Overseas Territories citizenship, mirroring the name change for the territories themselves as well. There are four ways to acquire British Overseas Territories citizenship: by birth, adoption, descent, or naturalisation. Individuals born in a territory automatically receive BOTC status if at least one parent is a BOTC or has belonger status . Children born to British citizen parents who are not settled in an overseas territory are not BOTCs at birth. Parents do not necessarily need to be connected with
9882-672: The British Government's British Nationality Act 1948 categorising subjects from the United Kingdom and its remaining overseas territories as Citizens of the United Kingdom and Colonies (CUKCs), British subject was retained as an umbrella nationality encompassing all Commonwealth citizens, including CUKCs, so that those "belonging" to one territory would not be considered aliens in another. Although colonies that had not become independent Dominions remained under British sovereignty, they also had an accepted right to determine local immigration policy. All CUKCs initially retained
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#173277248097310044-401: The British Islands, usually through their own (or parents' or grandparents') birth, adoption, naturalisation, or registration as citizens of the UK. There are six types of British nationality: any person who is a British citizen, British Overseas Territories citizen (BOTC), British Overseas citizen (BOC), British National (Overseas) (BN(O)), British subject , or British protected person
10206-437: The British government has never conceded to suggestions that its policies and legislation concerning nationality were discriminatory or racist, Parliament has since revised nationality law to correct remaining cases of statelessness caused by deprivation of the right to settle in the UK after 1962. The Nationality, Immigration and Asylum Act 2002 granted British subjects who do not hold and have not lost an alternative nationality
10368-407: The British government insisted on the inclusion of some type of wording that described the holders of these passports as "British subjects". The two sides could not reach agreement on this issue and when the Irish government began issuing passports in 1924, British authorities refused to accept these documents. British consular staff were instructed to confiscate any Irish passports that did not include
10530-608: The Commonwealth in their own rights, as the Commonwealth is a community of independent nations – which none of the Territories are.) BOTC status does not give the holder right of abode in the United Kingdom, but since 2002, almost all BOTCs simultaneously hold British citizenship, except for those connected only with the territory of Akrotiri and Dhekelia , as well as those who have registered or naturalised as BOTCs since that date. Nationals of this class who are not also full citizens are subject to immigration controls when entering
10692-463: The Commonwealth that wished to become republics rather than preserve the monarch as head of state. The change in naming also indicated a shift in the base theory to this aspect of British nationality; allegiance to the Crown was no longer a requirement to possess British subject status and the common status would be maintained by voluntary agreement among the various members of the Commonwealth. British subject/Commonwealth citizen status co-existed with
10854-492: The Commonwealth. In response, Parliament imposed immigration controls on any subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962 . This restriction was somewhat relaxed by the Immigration Act 1971 for patrials, subjects whose parents or grandparents were born in the United Kingdom, which gave effective preferential treatment to white Commonwealth citizens. Ireland mirrored this restriction and limited free movement only to people born on
11016-460: The Crown was no longer a requirement to possess British subject status and the common status would be maintained by voluntary agreement among the various members of the Commonwealth. British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country. A person born in Australia would be both an Australian citizen and a British subject. British subjects under
11178-417: The Crown, and could not voluntarily renounce British subject status until 1870, when it was first permitted. Prior to 1708, foreigners could only be naturalised through Acts of Parliament . Although procedures were created after this point for aliens to become subjects, personalised naturalising legislation continued to be enacted until 1975. Additionally, the monarch could personally make any individual
11340-437: The Empire, culminated with the creation of a substantive Canadian citizenship in 1946 , breaking the system of a common imperial nationality. Combined with the approaching independence of India and Pakistan in 1947, comprehensive reform to nationality law was necessary at this point to address ideas that were incompatible with the previous system. The British Nationality Act 1948 redefined British subject as any citizen of
11502-403: The Empire. Individual colonies had each developed their own procedures and requirements for naturalisation, granting subject status at the discretion of those local governments. In 1847, Parliament formalised a clear distinction between subjects who were naturalised in the UK and those who became British subjects in other territories. Individuals naturalised in the UK were deemed to have received
11664-699: The European Parliament . Despite the UK's withdrawal from the union in 2020 , British citizens continue to hold permanent permission to work and reside in the Republic of Ireland as part of the Common Travel Area . The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers to
11826-525: The Falkland Islands were given unrestricted access to citizenship. BOTCs naturalised after that date may also become British citizens by registration at the discretion of the Home Secretary . Becoming a British citizen has no effect on BOTC status; BOTCs may also simultaneously be British citizens. It is generally not possible to acquire other forms of British nationality. British Overseas citizenship, British subjecthood, and British protected person status are only transferred by descent if an individual born to
11988-615: The Falkland Islands were given unrestricted access to citizenship. BOTCs naturalised after that date may also become British citizens by registration at the discretion of the Home Secretary . Becoming a British citizen has no effect on BOTC status; BOTCs may also simultaneously be British citizens. Although British Overseas Territories citizenship is granted to individuals who are closely connected to particular territories, each territory maintains separate immigration policies and different requirements for conferring belonger status . BOTC status by itself does not grant its holders right of abode or
12150-663: The Immigration Act 2014. These provide for a person to register as a British citizen if they would have acquired that status automatically under the British Nationality Act 1981, had their father been married to their mother. Section 65 was introduced at a very late stage in the Bill debates: it was recognised that each overseas territory has its own immigration law, and to create a route for people to become British overseas territories citizens (which could give
12312-766: The Plantacion of The Somers Isles , in 1615 on Bermuda being separated from Virginia: And wee doe for vs our heires and successors declare by these Pnts, that all and euery persons being our subjects which shall goe and inhabite wthin the said Somer Ilandes and every of their children and posterity which shall happen to bee borne within the limits thereof shall haue and enjoy all libertyes franchesies and immunities of free denizens and natural subjectes within any of our dominions to all intents and purposes, as if they had beene abiding and borne wthin this our Kingdome of England or in any other of our Dominions In regards to former CUKCs of St. Helena , Lord Beaumont of Whitley stated in
12474-462: The Republic between 10 April 1935 and 1 January 1949 as a CUKC and having never ceased to be a British subject. The British Nationality (Irish Citizens) Act 2024 (c. 19) would allow Irish citizens to no longer have to demonstrate their knowledge of English and be exempted from taking the Life in the UK test. As of October 2024 the act had not been brought into force. All British subjects under
12636-559: The South Sandwich Islands , the sovereign base areas of Akrotiri and Dhekelia , and the Turks and Caicos Islands . Before the British Nationality Act 1981 , colonies of the British Empire were known as Crown colonies (although those with internal representative government were distinguished as self-governing colonies ) of which there were a large number. Many of these became independent or parts of other countries before
12798-506: The Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies. All British Overseas Territories citizens other than those solely connected with Akrotiri and Dhekelia became British citizens on 21 May 2002, and children born on qualified overseas territories to dual BOTC-British citizens since that date are both BOTCs and British citizens otherwise than by descent. Prior to 2002, only BOTCs from Gibraltar and
12960-413: The Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies. British Overseas Territories citizenship can be relinquished by a declaration made to the governor of the connected territory, provided that a person already possesses or intends to acquire another nationality. BOTC status can be deprived if it was fraudulently acquired or if an individual is solely connected with
13122-720: The UK Government's intends to remove this discrimination through additional legislation which will provide a retrospective right to register for nationality purposes. In that same announcement, Patel stated the Government also intends to remove discrimination against children born abroad before 1 January 1981 to BOTC mothers. Amendments will be made to the British Nationality Act 1981. In 2014, the same rights were made retrospective for children born to UK mainland British fathers. BOTC children of descent were intentionally left out. The new legislation will rectify this anomaly. Here are
13284-519: The UK for a period of more than six months, they must travel with British citizen passports or other valid passports endorsed with a certificate of entitlement for right of abode. Before the United Kingdom withdrew from the European Union on 31 January 2020, full British citizens were European Union citizens . Most British Overseas Territories citizens were not EU citizens and did not enjoy freedom of movement in other EU countries. They were, and continue to be, exempted from obtaining visas when visiting
13446-508: The UK itself (England, Wales, Scotland, and Northern Ireland) and the Crown dependencies (Jersey, Guernsey, and the Isle of Man); and the 14 British Overseas Territories . The six classes of British nationality each have varying degrees of civil and political rights , due to the UK's historical status as a colonial empire . The principal class of British nationality is British citizenship, which
13608-416: The UK or any former British territory. Women married to British subjects were also able to register for the status before 1983. Virtually all other individuals with this status hold it by virtue of their own, or their father's, birth in former British India . British subjects automatically lose the status if they acquire any other nationality, including other British nationality classes, unless they possess
13770-517: The UK or one of its Territories), to an unmarried BOTC born-father, is denied the right to claim his/her BOTC fathers' citizenship-by-descent. However, after a strong campaign by a group called 'British Overseas Territories Citizenship Campaign' led by US-based actor and advocate Trent Lamont Miller , a son of a British Montserrat-born father, the Home Secretary Priti Patel announced in a policy statement on 24 March 2021 that
13932-572: The UK or overseas territories. BN(O)s are Hong Kong residents who voluntarily registered for this status before the territory's transfer to China in 1997 . British subjects hold their status through a connection either to former British India or to what became the Republic of Ireland , as they existed before 1949. British protected persons come from areas controlled by the British Empire that were never formally incorporated as Crown territory; this includes protectorates , protected states, mandated territories , and Indian princely states . Before
14094-428: The UK were able to vote in the 2016 United Kingdom European Union membership referendum while all other non-British EU citizens could not. Prior to 1983, all Individuals born within the British Islands (the United Kingdom and Crown Dependencies ) received British citizenship at birth regardless of the nationalities of their parents. Individuals born afterwards only receive citizenship at birth if at least one parent
14256-508: The UK, with the latter holding residual rights they had prior to 1983. The introduction of patriality for the colonial CUKCs in 1968 and 1971, and the change of their citizenships in 1983, removed the rights granted them irrevocably by royal charters at the founding of the colonies. Bermuda (fully The Somers Isles or Islands of Bermuda ), by example, had been officially settled by the London Company (which had been in occupation of
14418-492: The UK. Nationals of this class without right of abode are subject to immigration controls when entering the UK. If they hold no other citizenship, British subjects without right of abode in the UK are effectively stateless , as they are not guaranteed the right to enter the country in which they are nationals. Before the concept of nationality was codified in legislation, inhabitants of English communities owed allegiance to their feudal lords , who were themselves vassals of
14580-826: The UK. The British Nationality Act 1948 unintentionally excluded certain British subjects associated with Ireland from acquiring CUKC status. The wording of that law did not take into account the 24-hour period during which Northern Ireland was part of the Irish Free State in 1922. Individuals born before 1922 in the area that became the Republic of Ireland to fathers also born in that area but were domiciled in Northern Ireland on Irish independence had nevertheless automatically acquired Irish citizenship. The Ireland Act 1949 specifically addresses this by deeming any person in such circumstances who had never registered for Irish citizenship and had not permanently resided in
14742-566: The UK. However, strong economic conditions in Britain after the Second World War attracted an unprecedented wave of colonial migration. In response to growing anti-immigration sentiment, Parliament imposed immigration controls on subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962 . The Immigration Act 1971 relaxed controls on patrials, subjects whose parents or grandparents were born in
14904-824: The UK. As of 2024, about 106,000 BOTCs hold valid British passports with this status and enjoy consular protection when travelling abroad. The British Overseas Territories are Anguilla , Bermuda , the British Antarctic Territory , the British Indian Ocean territory , the British Virgin Islands , the Cayman Islands , the Falkland Islands , Gibraltar , Montserrat , the Pitcairn Islands , Saint Helena, Ascension and Tristan da Cunha , South Georgia and
15066-502: The United Kingdom and generally may no longer be acquired. These residual nationalities are the statuses of British Overseas citizen , British subject , British National (Overseas) , and British protected person . All persons born in the British Islands before 1 January 1983 were automatically granted citizenship by birth regardless of the nationalities of their parents. Individuals born in those territories since that date only receive citizenship at birth if at least one of their parents
15228-481: The United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations . Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931 . Women's rights groups throughout the Empire pressured the imperial government during this time to amend nationality regulations that tied a married woman's status to that of her husband. Because
15390-447: The United Kingdom are exempted from obtaining a visa or entry certificate when visiting the UK for less than six months. When travelling in other countries, they may seek British consular protection. British subjects are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens . These include exemption from registration with local police, voting eligibility in UK elections, and
15552-433: The United Kingdom for more than five years and possessing either right of abode or ILR for more than one year. Registration in this way confers citizenship otherwise than by descent , meaning that children born outside of the UK to those successfully registered will be British citizens by descent . British subjects with right of abode may also register for citizenship without residence requirements by virtue of their birth to
15714-598: The United Kingdom or who were closely connected with the UK, the Channel Islands , the Isle of Man , Gibraltar , or the Falkland Islands became British Citizens while those connected with any other remaining colony became British Dependent Territories Citizens (BDTCs). Conversely, CUKCs did not have automatic right of abode in the colonies. Right of abode in the territories is dependent on possession of belonger status , regardless of which type of British citizenship
15876-419: The United Kingdom since the 1940s despite having its own immigration controls (of the 71,176 persons estimated to reside in Bermuda in 2018, 30% were not born in Bermuda, of which those born in the United Kingdom are the largest demographic group). As this immigration has been sustained for decades (the 1950 census showed 2,718 residents who had been born in the United Kingdom, out of a population of about 30,000),
16038-514: The United Kingdom to virtually all British Dependent Territories citizens. The sole exception to this was for those living in Akrotiri and Dhekelia , which were excluded due to their status as military bases as specified in the treaty establishing Cyprus . Any person who was a BDTC before 21 May 2002 automatically became a British citizen on that date, and children born after that date to BDTCs also automatically acquire full citizenship. Additionally,
16200-467: The United Kingdom, and gave effective preferential treatment to Commonwealth citizens from white-majority countries. Outside of the United Kingdom, British subjects already did not have an automatic right to settle. Australia, Canada, New Zealand, and South Africa had immigration restrictions in place for British subjects from outside their jurisdictions targeted at non-white migrants since the late 19th century. After 1949, non-local British subjects under
16362-458: The United Kingdom, though non-white immigration into the United Kingdom was systemically discouraged. This entitlement was part of a wider initiative to preserve close relationships with certain Dominions and colonies (Australia, Canada, New Zealand, South Africa, and Southern Rhodesia ) and to moderate nationalist attitudes within the Commonwealth. It was thought that only a limited number of non-white colonial migrants would ever seek to settle in
16524-414: The United Kingdom, but both British subjects and protected persons could be issued British passports . Protected persons could not travel to the UK without first requesting permission, but were afforded the same consular protection as British subjects when travelling outside of the Empire. Parliament brought regulations for British subject status into codified statute law for the first time with passage of
16686-452: The United Kingdom, its colonies, or other Commonwealth countries. Commonwealth citizen was first defined in this Act to have the same meaning. This alternative term was necessary to retain a number of newly independent countries in the Commonwealth that wished to become republics rather than preserve the monarch as head of state. The change in naming also indicated a shift in the base theory to this aspect of British nationality; allegiance to
16848-590: The United Kingdom, to become a national of such a country or territory." The powers to strip citizenship were initially very rarely used. Between 2010 and 2015, 33 dual nationals had been deprived of their British citizenship. In the two years to 2013 six people were deprived of citizenship; then in 2013, 18 people were deprived, increasing to 23 in 2014. In 2017, over 40 people had been deprived as of July (at this time increased numbers of British citizens went to join " Islamic State " and then tried to return). The Home Office does not issue information on these cases and
17010-551: The United Kingdom. The British Nationality Act 1981 recategorised CUKCs into different nationality groups based on patriality and birthplace. CUKCs with the right of abode in the United Kingdom or those closely connected with the UK, Channel Islands , or Isle of Man became British citizens while those connected with a remaining colony became British Dependent Territories citizens (later renamed British Overseas Territories citizens ). Those who could not be reclassified into either of these statuses and who were no longer associated with
17172-627: The United Kingdom. (The dominions collectively were the Commonwealth referred to in the phrase the British Empire and Commonwealth .) Following the Second World War, all of the dominions and many colonies quickly chose complete political independence. Together with the United Kingdom (including its remaining colonies) all these territories formed a new Commonwealth of Nations (usually abbreviated to just "Commonwealth"). While each Commonwealth nation distinguished its own citizens, with
17334-471: The ability to enlist in the British Armed Forces . British subjects are also eligible to serve in all Civil Service posts, be granted British honours , receive peerages , and sit in the House of Lords . If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons and local government. British subjects only have right of abode in the UK if they were born to at least one British subject parent who themself
17496-717: The ability to enlist in the British Armed Forces . British Overseas Territories citizens are also eligible to serve in non-reserved Civil Service posts, be granted British honours , receive peerages , and sit in the House of Lords . If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons and local government. All British Overseas Territories citizens other than those solely connected with Akrotiri and Dhekelia became British citizens on 21 May 2002, and children born on qualified overseas territories to British citizens since that date are both BOTCs and British citizens otherwise than by descent . Prior to 2002, only BOTCs from Gibraltar and
17658-677: The ability to move freely within the Common Travel Area . Although Irish citizens have not been considered British subjects under Irish law since 1935, the British government continued to treat virtually all Irish citizens as British subjects, except for those who had acquired Irish citizenship by naturalisation since the Free State had not incorporated part II of the British Nationality and Status of Aliens Act 1914 ( 4 & 5 Geo. 5 . c. 17) into its legislation. Diverging developments in Dominion legislation, as well as growing assertions of local national identity separate from that of Britain and
17820-437: The appellant. British subject The term " British subject " has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom , Dominions , and colonies , but excluding protectorates and protected states ). Between 1949 and 1983, the term was synonymous with Commonwealth citizen . Currently, it refers to people possessing
17982-585: The archipelago since the 1609 wreck of the Sea Venture ) in 1612 (with a Lieutenant-Governor and sixty settlers joining the three Sea Venture survivors left there in 1610), when it received its Third Royal Charter from King James I , amending the boundaries of the First Colony of Virginia far enough across the Atlantic to include Bermuda. The citizenship rights guaranteed to settlers by King James I in
18144-468: The citizenship provisions in the Constitution of the Irish Free State had automatically become an Irish citizen on that date. At its inception, the Irish Free State gained independence as a Dominion within the British Empire. Imperial legislation at the time dictated that although individual Dominions could define a citizenship for their own citizens, that citizenship would only be effective within
18306-442: The citizenships of each Commonwealth country. A person born in Australia would be both an Australian citizen and a British subject. British subjects under the previous meaning who held that status on 1 January 1949 because of a connection with the United Kingdom or a remaining colony became Citizens of the United Kingdom and Colonies (CUKC) . CUKC status was the principal form of British nationality during this period of time. There
18468-486: The concept of nationality was codified in legislation, inhabitants of English communities owed allegiance to their feudal lords , who were themselves vassals of the monarch . This system of loyalty, indirectly owed to the monarch personally, developed into a general establishment of subjecthood to the Crown . Calvin's Case in 1608 established the principle of jus soli , that all those who were born within Crown dominions were natural-born subjects. After passage of
18630-600: The different regulatory periods. EU/EEA citizens living in the UK before 2 October 2000 were automatically considered to be settled. Between that date and 29 April 2006, EU/EEA citizens were required to apply for permanent residency. Swiss citizens became subject to the same regulations on 1 June 2002. From 30 April 2006 until 30 June 2021, EU/EEA and Swiss citizens living in the UK for at least five years automatically received permanent resident status. Permanent resident status for these citizens expired on 1 July 2021, after which they have been required to hold settled status through
18792-407: The dissolution or termination of her marriage. By the end of the First World War , the Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity. Britain formally recognised this at the 1926 Imperial Conference , jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that
18954-471: The electoral roll in that year are still eligible). In Canada, voting eligibility was revoked at the federal level in 1975, but not fully phased out in provinces until 2006. All Commonwealth citizens remain eligible to vote and stand for public office in the UK. By the 1970s and 1980s, most colonies of the British Empire had become independent and remaining ties to the United Kingdom had been significantly weakened. The UK updated its nationality law to reflect
19116-560: The formation of the Parliament of England, with its House of Commons and House of Lords.) By 1981, the status of British Subject had already become interchangeable in meaning with British citizen and British national . As different areas of the empire were delegated legislative power from London, these territories gradually enacted their own laws governing entry and residence rights. However, these local laws did not affect British subjects' rights under UK domestic law, most particularly
19278-594: The government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code, it was unwilling to make major changes without unanimous agreement among the Dominions on this issue, which it did not have. Imperial legal uniformity was nevertheless eroded during the 1930s; New Zealand and Australia amended their laws in 1935 and 1936 to allow women denaturalised by marriage to retain their rights as British subjects, and Ireland changed its regulations in 1935 to cause no change to
19440-540: The government since the law was introduced. There is a right of appeal. This provision has been in force since 16 June 2006 when the Immigration, Nationality and Asylum Act 2006 (Commencement No. 1) Order 2006 brought it into force. Loss of British nationality in this way applies also to dual nationals who are British by birth. The Secretary of State may not deprive a person of British nationality, unless obtained by means of fraud, false representation or concealment of
19602-544: The introduction of Australian citizenship requirements since then. Additionally, voting remains compulsory even if their enrollment had lapsed. In a case before Court of Justice of the European Union , it was argued by one of the parties that British subjects who hold no other nationality are de facto stateless because they do not have a right to enter the country that claims them as nationals. The Nationality, Immigration and Asylum Act 2002 allowed these individuals to register as British citizens, after which statelessness
19764-656: The islands of Great Britain or Ireland. However, individuals born in the UK since 1983 are only British citizens if at least one parent is already a British citizen. The Irish regulation created a legal anomaly where persons born in Britain without British citizenship nevertheless held an unrestricted right to settle in Ireland; this inconsistency was removed in 1999. In other parts of the Commonwealth, British subjects already did not have an automatic right to settle. Australia, Canada, New Zealand, and South Africa had immigration restrictions in place for British subjects from outside their jurisdictions targeted at non-white migrants since
19926-488: The key areas to be rectified: 1. Children born before 1 January 1983 to BOTC mothers Before 1 January 1983 women could not pass on British nationality to a child born outside the UK and Colonies. Provisions to allow for children born before 1983 to British citizen mothers to be registered as British citizens were introduced in the Nationality, Immigration, and Asylum Act 2002, but were not extended to BOTC mothers. This
20088-410: The largest group of BDTCs (2.5 million people) was associated with Hong Kong . The British government was unwilling to grant full citizenship and immigration rights to Hongkongers, fearing a mass migration to the UK after the transfer of sovereignty to China in 1997. Almost five years after Hong Kong was transferred to China, Parliament restored access to full British citizenship and right of abode in
20250-470: The late 19th century. After 1949, non-local British subjects under the new definition who were resident in these independent Commonwealth countries continued to retain certain privileges. This included eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. British subjects were eligible to vote in New Zealand until 1975 and Australia until 1984 (though subjects on
20412-439: The local Dominion's borders. A Canadian, New Zealand, or Irish citizen who travelled outside of their own country would have been regarded as a British subject. This was reinforced by Article 3 of the 1922 Free State Constitution, which stated that Irish citizenship could be exercised "within the limits of the jurisdiction of the Irish Free State". When Free State authorities were first preparing to issue Irish passports in 1923,
20574-469: The more modest boundaries of its remaining territory and possessions with the British Nationality Act 1981 . CUKCs were reclassified in 1983 into different nationality groups based on their ancestry, birthplace, and immigration status: CUKCs who had right of abode in the United Kingdom became British citizens while those connected with a remaining colony became British Dependent Territories citizens (BDTCs). Remaining CUKCs who were no longer associated with
20736-425: The new definition who were resident in these independent Commonwealth countries continued to retain certain privileges. This included eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. British subjects were eligible to vote in New Zealand until 1975 and Australia until 1984 (though subjects on the electoral roll in that year are still eligible). In Canada, voting eligibility
20898-414: The new status was introduced. All natural-born British subjects previously held the unrestricted right of free movement in any part of the British Empire . (Originally the status of subject implied fealty or duties to the Crown without any inherent rights, but at the time of the Act's passing this term had already long been archaic as the Crown's subjects had steadily accrued citizenship rights with
21060-406: The original royal charter of the 10 April 1606, thereby applied to Bermudians: Alsoe wee doe, for us, our heires and successors, declare by theise presentes that all and everie the parsons being our subjects which shall dwell and inhabit within everie or anie of the saide severall Colonies and plantacions and everie of theire children which shall happen to be borne within the limitts and precincts of
21222-572: The preexisting arrangement for the Common Travel Area. While the UK was a member state of the EU, Cypriot and Maltese citizens held a particularly favoured status there. While non-EU Commonwealth citizens continued to need a residence visa to live in the UK, Cypriot and Maltese citizens were able to settle there and immediately hold full rights to political participation due to their status as both Commonwealth and EU citizens. This group of EU citizens (along with Irish citizens) domiciled in
21384-438: The previous meaning who held that status on 1 January 1949 because of a connection with the United Kingdom or a remaining colony became Citizens of the United Kingdom and Colonies (CUKC). CUKC status was the principal form of British nationality during this period of time. There was also a category of people called British subjects without citizenship. Irish citizens who fulfilled certain requirements could file formal claims with
21546-522: The reformed system initially continued to hold free movement rights in both the UK and Ireland. Non-white immigration into the UK was systemically discouraged, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration. This entitlement was part of a wider initiative to preserve close relationships with certain Dominions and colonies (Australia, Canada, New Zealand, South Africa, and Southern Rhodesia ) and to moderate nationalist attitudes within
21708-506: The right to enter and live in the UK. Immigration from the former colonies of the Commonwealth was restricted by the Commonwealth Immigrants Act 1962 . Citizens of the new Commonwealth countries who had a qualifying link to the United Kingdom (who had been born in the United Kingdom, or who had a father or grandfather born in the United Kingdom) retained CUKC, becoming dual-nationals. The Commonwealth Immigrants Act 1968 removed
21870-453: The right to register as British citizens. Naturalisation as a British subject is not possible. It is expected that British subjects will obtain citizenship in the country they reside in and that the number of active status holders will eventually dwindle until there are none. It is currently only possible to transfer British subject status by descent if an individual born to a British subject parent would otherwise be stateless . The status
22032-520: The right to work in any of the territories and confers no entitlements other than the right to apply for a BOTC passport. Consequently, there are circumstances in which BOTCs do not have right of abode in the territory that they derive their citizenship from. BOTCs who are part of this group and have no other nationality are de facto stateless because they are deprived of the right to enter the country that claims them as nationals. Additionally, neither BOTCs nor full British citizens who are not belongers of
22194-414: The right-of-abode in the United Kingdom of Great Britain and Northern Ireland, which were not subject to the locality the citizen was born or resided in, or the degree of local autonomy within that region. Several of the largest self-governing colonies achieved Dominion status (starting with Canadian Confederation in 1867), placing their governments on an equal footing to, but retaining links with, that of
22356-496: The rights of free entry, work, and abode in the United Kingdom from those British Subjects who were not born in, or possessed of a qualifying connection to, the United Kingdom. This applied not only CUKCs from Commonwealth countries, but also to those Citizens of the United Kingdom and Colonies in the remaining colonies. The Immigration Act 1971 introduced the concept of patriality , by which only British subjects (i.e. CUKCs and Commonwealth citizens) with sufficiently strong links to
22518-577: The said severall Colonies and plantacions shall have and enjoy all liberties, franchises and immunites within anie of our other dominions to all intents and purposes as if they had been abiding and borne within this our realme of Englande or anie other of our saide dominions. These rights were confirmed in the royal charter granted to the London Company's spin-off, the Company of the City of London for
22680-425: The same overseas territory to pass on BOTC status. Alternatively, a child born in an overseas territory may be registered as a BOTC if either parent becomes a BOTC or settles in any overseas territory subsequent to birth. A child who lives in the same territory until age 10 and is not absent for more than 90 days in each year is also entitled to registration as a BOTC. Furthermore, an adopted child automatically become
22842-423: The same overseas territory to pass on BOTC status. Alternatively, a child born in an overseas territory may be registered as a BOTC if either parent becomes a BOTC or settles in any overseas territory subsequent to birth. A child who lives in the same territory until age 10 and is not absent for more than 90 days in each year is also entitled to registration as a BOTC. Furthermore, an adopted child automatically become
23004-412: The status by imperial naturalisation , which was valid throughout the Empire. Those naturalised in a colony were said to have gone through local naturalisation and were given subject status valid only within the relevant territory. However, when travelling outside of the Empire, British subjects who were locally naturalised in a colony were still entitled to imperial protection. British subject status
23166-540: The status by imperial naturalisation, which was valid throughout the Empire. Those naturalising in colonies were said to have gone through local naturalisation and were given subject status valid only within the relevant territory; a subject who locally naturalised in Canada was a British subject there, but not in England or New Zealand . When travelling outside of the Empire, British subjects who were locally naturalised in
23328-436: The status of a child born in the UK is dependent on whether their parents held British citizenship or settled status at the time of their birth. Irish citizens residing in the UK are deemed to hold settled status upon arrival. Regulations concerning settled status for other European Union (EU), European Economic Area (EEA) and Swiss citizens have changed greatly over time, affecting the status of their children born during
23490-417: The status through a connection with Ireland. It can also be voluntarily relinquished by a declaration made to the Home Secretary , provided that an individual already possesses or intends to acquire another nationality. British subjects may be stripped of the status if it was fraudulently acquired. There is no path to restore British subject status once lost. British subjects who do not have right of abode in
23652-402: The term "British subject" and replace them with British passports. This situation continued until 1930, when Irish passports were amended to describe its holders as "one of His Majesty's subjects of the Irish Free State". Despite these disagreements, the two governments agreed not to establish border controls between their jurisdictions and all Irish citizens and British subjects continued to have
23814-421: The terms of the Anglo-Irish Treaty , Northern Ireland was included in the Irish Free State on independence, but had the right to opt out of the new state within one month of its establishment. This option was exercised on 7 December 1922. The 24-hour period in which Northern Ireland was officially part of the Irish Free State meant that every person ordinarily resident in Northern Ireland on 6 December who fulfilled
23976-522: The territories in which they were born. (CUKCs born in the United Kingdom, Gibraltar, the Falkland Islands, or the Crown Dependencies of the Channel Islands and the Isle of Man all became British Citizens , with right of abode in the United Kingdom.) Those with British Overseas Territories citizenship remained British nationals (subject to British sovereignty), but not British citizens . (Although British Overseas Territories Citizenship
24138-545: Was also a category of people called British subjects without citizenship (BSWC) . Irish citizens who fulfilled certain requirements could file formal claims with the Home Secretary to remain British subjects under this definition. Additionally, those who did not qualify for CUKC status or citizenship in other Commonwealth countries, or were connected with a country that had not yet defined citizenship laws, would transitionally remain British subjects in this group. All British subjects initially held an automatic right to settle in
24300-404: Was because the registration provision was introduced to extend a concession announced in 1979 for the registration of children of UK-born mothers. The aim in 2002 was to cover those who could have been registered as children on the basis of that concession but had not applied in time. The criteria introduced - that the person would (if women could have passed on citizenship at that time) have become
24462-429: Was born in the UK or, if they are female, were married to a person with right of abode before 1983. Almost every person who still retains British subject status has UK right of abode. As of 2024, about 22,700 people hold valid British passports with the status, and fewer than 700 do not have right of abode. All British subjects may become British citizens by registration, rather than naturalisation , after residing in
24624-514: Was codified in statute law for the first time by the British Nationality and Status of Aliens Act 1914 , which formalised the status as a common nationality among the United Kingdom, its colonies, and the self-governing Dominions . Dominions that adopted this Act as part of their own nationality laws ( Australia , Canada , Ireland , Newfoundland , New Zealand , and South Africa ) were authorised to grant subject status to aliens by imperial naturalisation . During this time, British subject status
24786-490: Was exclusively granted by voluntary registration to Hong Kong residents who had been British Dependent Territories citizens prior to the transfer of sovereignty to China in 1997 and cannot be newly acquired in any case. Noncitizen British nationals may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing ILR for more than one year. Any type of British nationality can be renounced by making
24948-519: Was extended under the Immigration, Asylum and Nationality Act 2006 : people with dual nationality who are British nationals can be deprived of their British citizenship if the Secretary of State is satisfied that "deprivation is conducive to the public good", or if nationality was obtained by means of fraud, false representation or concealment of a material fact. Between 2006 and the end of 2021 at least 464 people have had their citizenship removed by
25110-488: Was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland , which concluded a separate free movement agreement with the EU that came into force in 2002. Not all British nationals were EU citizens. Only British citizens, British Overseas Territories citizens connected with Gibraltar , and British subjects under
25272-429: Was generally resolved for people who were solely British subjects. British subjects without right of abode are subject to immigration controls when entering the United Kingdom. They are required to pay an immigration health surcharge to access National Health Service benefits when residing in the UK for longer than six months and do not qualify for most welfare programmes. Before the United Kingdom withdrew from
25434-414: Was given legal effect after passage and ratification of the Statute of Westminster 1931 . Diverging developments in Dominion nationality laws, as well as growing assertions of local national identity separate from that of Britain and the Empire, culminated with the creation of Canadian citizenship in 1946 . Combined with the approaching independence of India and Pakistan in 1947, nationality law reform
25596-400: Was granted in 1949 to British subjects who did not become CUKCs or citizens of any other Commonwealth country or the Republic of Ireland . Irish citizens born before 1949 may make formal claims at any time to retain status as British subjects based on: Crown service in the UK, passports or certificates of entitlement describing holders as British subjects, or proof of other associations with
25758-413: Was necessary at this point to address ideas that were incompatible with the previous system. The British Nationality Act 1948 redefined British subject as any citizen of the United Kingdom, its colonies, or other Commonwealth countries. Commonwealth citizen was first defined in this Act to have the same meaning. This alternative term was necessary to retain a number of newly independent countries in
25920-470: Was quickly repealed in 1711 in response to the number of migrants exercising that ability. A standard administrative process was not introduced until 1844, when applicants were first able to acquire naturalisation grants from the Home Office . Despite the creation of this pathway, personalised naturalising legislation continued to be enacted until 1975. The monarch could personally make any individual
26082-409: Was revoked at the federal level in 1975, but not fully phased out in provinces until 2006. Because each country now defined British subject in separate pieces of legislation and these definitions were not always updated or kept at parity, individuals could have been British subjects in one country at a given time but not another. For example, a South African citizen in 1967 would have been considered
26244-527: Was the principal form of British nationality. There were certain territories that came under British jurisdiction but were not formally incorporated as Crown territory proper. These included protectorates , protected states, League of Nations mandates , and United Nations trust territories . Because they were foreign lands, birth in one of these areas did not automatically confer British subject status. Instead, most people associated with these territories were designated as British protected persons . Following
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