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
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts e ...
(including the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
,
Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire.
"Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 192 ...
s, and
colonies
In modern parlance, a colony is a territory subject to a form of foreign rule. Though dominated by the foreign colonizers, colonies remain separate from the administration of the original country of the colonizers, the '' metropolitan state'' ...
, but excluding
protectorates and protected states). Between 1949 and 1983, the term was synonymous with
Commonwealth citizen
A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizen ...
. Currently, it refers to people possessing a class of
British nationality
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
largely granted under limited circumstances to those connected with
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
or
British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
born before 1949. Individuals with this nationality are
British national
A British national, or United Kingdom national, is a person who possesses a type of British nationality. This includes anyone who is a:
* British citizen
* British Overseas Territories citizen
* British Overseas citizen
* British subject (as defi ...
s and Commonwealth citizens, but not
British citizen
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
s.
The status under the current definition does not automatically grant the holder
right of abode in the United Kingdom
The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by Bri ...
but most British subjects do have this entitlement. About 32,400 British subjects hold active
British passports with this status and enjoy consular protection when travelling abroad; fewer than 800 do not have right of abode in 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.
Background
Development from feudal allegiance
Before the concept of nationality was codified in legislation, inhabitants of English communities owed
allegiance
An allegiance is a duty of fidelity said to be owed, or freely committed, by the people, subjects or citizens to their state or sovereign.
Etymology
From Middle English ''ligeaunce'' (see medieval Latin ''ligeantia'', "a liegance"). The ''al ...
to their
feudal lords, who were themselves
vassal
A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain ...
s of the
monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power i ...
. This system of loyalty, indirectly owed to the monarch personally, developed into a general establishment of subjecthood to
the Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
.
[.] ''
Calvin's Case
''Calvin's Case'' (1608), 77 ER 377, (1608) Co Rep 1a, also known as the ''Case of the Postnati'', was a 1608 English legal decision establishing that a child born in Scotland, after the Union of the Crowns under King James VI and I in 1603, wa ...
'' 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.
[, at para. 116.] Natural-born subjects were considered to owe perpetual allegiance to 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
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the i ...
through
Acts of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament be ...
. 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 a subject by
royal prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in th ...
.
[.] 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
Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of , it is the largest of the British Isles, the largest European island and the ninth-largest island in the world. It i ...
(the United Kingdom from 1801) were applicable elsewhere in 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
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
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 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 was codified in statute law for the first time by the
British Nationality and Status of Aliens Act 1914
This article concerns the history of British nationality law.
Early English and British nationality law
British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of th ...
, which formalised the status as a common nationality among the United Kingdom, its colonies, and the self-governing
Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire.
"Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 192 ...
s. Dominions that adopted this Act as part of their own nationality laws (
Australia,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
,
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
,
Newfoundland,
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
, and
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. It is bounded to the south by of coastline that stretch along the Atlantic Ocean, South Atlantic and Indian Oceans; to the ...
) were authorised to grant subject status to aliens by ''imperial naturalisation''.
During this time, British subject status 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
protectorate
A protectorate, in the context of international relations, is a state that is under protection by another state for defence against aggression and other violations of law. It is a dependent territory that enjoys autonomy over most of its int ...
s, protected states,
League of Nations mandates, and
United Nations trust territories
United Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the United Nati ...
. 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.
Transition to Commonwealth citizenship
Following the
First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, 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
The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
. Legislative independence of the Dominions 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
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
and
Pakistan
Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...
in 1947, nationality law reform was necessary at this point to address ideas that were incompatible with the previous system.
The
British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national ci ...
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 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 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 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
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national s ...
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 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
Southern Rhodesia was a landlocked self-governing British Crown colony in southern Africa, established in 1923 and consisting of British South Africa Company (BSAC) territories lying south of the Zambezi River. The region was informally kno ...
) 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 the UK. However, strong economic conditions in Britain after the
Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...
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
The British Islands is a term within the law of the United Kingdom which refers collectively to the following four polities:
* the United Kingdom of Great Britain and Northern Ireland (formerly the United Kingdom of Great Britain and Ireland) ...
with the
Commonwealth Immigrants Act 1962
The Commonwealth Immigrants Act 1962 was an Act of the Parliament of the United Kingdom. The Act entailed stringent restrictions on the entry of Commonwealth citizens into the United Kingdom. Only those with work permits (which were typically on ...
. The
Immigration Act 1971 relaxed controls on patrials, subjects whose parents or grandparents were born in 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 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 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 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.
Redefinition as residual nationality class
By the 1980s, most colonies of the British Empire had become independent. Parliament updated nationality law to reflect the more modest geographical boundaries of the United Kingdom. The
British Nationality Act 1981
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
History
In the mid-1970s the British Government decided to update the nationality code, which had b ...
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
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
, or
Isle of Man
)
, anthem = "O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europe ...
became British citizens while those connected with a remaining colony became British Dependent Territories citizens (later renamed
British Overseas Territories citizen
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 British Overseas Territories (prev ...
s). Those who could not be reclassified into either of these statuses and who were no longer associated with 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 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 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
The Nationality, Immigration and Asylum Act 2002 (c. 41) is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.
This Act created a number of changes to the law including:
British Nationals with no othe ...
granted British subjects who do not hold and have not lost an alternative nationality the right to register as British citizens.
Acquisition and loss
Naturalisation
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
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 was granted in 1949 to British subjects who did not become CUKCs or citizens of any other
Commonwealth country or the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
. 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 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
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
.
British subjects automatically lose the status if they acquire any other nationality, including other British nationality classes, unless they possess the status through a connection with Ireland. It can also be voluntarily relinquished by a declaration made to the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national s ...
, 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.
Rights and privileges
British subjects who do not have right of abode in 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 citizen
A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizen ...
s.
These include exemption from registration with local police, voting eligibility in UK elections,
[.] and 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
In the United Kingdom and the British Overseas Territories, personal bravery, achievement, or service are rewarded with honours. The honours system consists of three types of award:
*Honours are used to recognise merit in terms of achievement an ...
, receive
peerages, and sit in the
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
.
If given
indefinite leave to remain
Indefinite leave to remain (ILR) or permanent residency (PR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay ...
(ILR), they are eligible to stand for election to the
House of Commons
The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
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 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. About 32,400 people hold active
British passports with the status, and fewer than 800 do not have right of abode.
All British subjects may become British citizens by registration, rather than
naturalisation
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
, after residing in 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 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.
[.]
Restrictions
In a case before
Court of Justice of the European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembour ...
, 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
The Nationality, Immigration and Asylum Act 2002 (c. 41) is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.
This Act created a number of changes to the law including:
British Nationals with no othe ...
allowed these individuals to register as British citizens, after which statelessness was generally resolved for people who were solely British subjects.
United Kingdom
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
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the " ...
benefits when residing in the UK for longer than six months and do not qualify for most welfare programmes.
European Union
Before the
United Kingdom withdrew from the European Union on 31 January 2020, full British citizens and British subjects with right of abode in the UK were
European Union citizens.
[.] British subjects without right of abode in the UK were not EU citizens and did not enjoy
freedom of movement in other EU countries. They were,
[ Annex II.] and continue to be, exempted from obtaining visas when visiting the
Schengen Area.
References
Citations
Sources
Legislation and case law
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{{DEFAULTSORT:British Subject
Subject