British subject
Encyclopedia
In British nationality law
, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981
.
s and allegiance
of the English and later British Crown was an English or British subject. This meant that to be a subject, one simply had to be born in any territory under the sovereignty of the Crown
. The only exception at common law was that the children of foreign ambassadors took the nationality of their fathers, who were immune
from local jurisdiction and from duties of allegiance. From time to time, statutes were passed expanding the class of persons who held the status of subject, e.g. the statute 25 Edw. III st. 2 that naturalised the children of English parents born overseas.
In Calvin's Case, the Court of Exchequer Chamber
ruled that a Scottish subject of King James VI of Scotland, who was also King of England, was by virtue of his allegiance to the King's person not an alien, but a natural-born subject under English law.
Entitlement to the status of British subject was first codified by the British Nationality and Status of Aliens Act 1914, which came into effect on 1 January 1915.
Within the British Empire
, the main class of people who were not British subjects were the rulers of native states formally under the protection
of the British Crown, and their peoples. Although their countries may for all practical purposes have been ruled by the imperial government, such persons are considered to have been born outside the sovereignty and allegiance of the British Crown, and were (and, where these persons are still alive, still are) known as British protected person
s.
Between 1947 and 1951 each of the various existing members of the British Commonwealth of Nations created its own national citizenship (the Irish Free State
had done so in 1935, but left the Commonwealth in 1949). In 1948, the Parliament of the United Kingdom
passed the British Nationality Act 1948, which came into effect on 1 January 1949 and introduced the concept of "Citizenship of the UK & Colonies".
(i.e. not the Dominions) became a Citizen of the United Kingdom and Colonies.
However, UK & Colonies citizens, in common with citizens of other Commonwealth countries , also retained the status of British subject. From 1949, the status of British subject was also known by the term Commonwealth citizen
, and included any person who was:
In the third category were mainly people born before 1949 in the Republic of Ireland
, India
and Pakistan
who did not acquire citizenship of their country or any other Dominion (in the case of those born in India and Pakistan), or who applied after 1949 for restoration of their British subject status (for those connected with Ireland).
Hence, from 1949 to 1982, a person born in England
would have been a British subject and a citizen of the United Kingdom and Colonies, while someone born in Australia
, would have been a British subject and a citizen of Australia.
In South Africa
, South Africans ceased to be British subjects when the country became a republic outside the Commonwealth in 1961, and the Commonwealth Relations Act 1962 removed all reference to British nationality.
In Canada
, the term "British subject" was replaced by "Commonwealth citizen" when the Canadian Citizenship Act 1947 was replaced by the Citizenship Act 1977, which came into force on 15 February 1977.
In New Zealand
, the status of British subject ceased to be defined by New Zealand law when the British Nationality and New Zealand Citizenship Act 1948 was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. However, s. 2 (Interpretation) of the Act still contains a reference in the definition of "Alien" to "...Commonwealth citizen (British subject)...".
In Southern Rhodesia
, the unrecognised Parliament of Rhodesia
purported to repeal the Citizenship of Southern Rhodesia and British Nationality Act 1963, under which Southern Rhodesian citizens were British subjects, and to enact the Citizenship of Rhodesia Act 1970, following the declaration of Rhodesia as a republic. However, pursuant to the 1963 Act and the Southern Rhodesia Act 1965 (UK), Southern Rhodesians continued to be British subjects under Southern Rhodesian law until Zimbabwean independence in 1979.
In Australia
, the status of British subject was retained in Australian law until Part II of the Nationality and Citizenship Act 1948 was removed by the Australian Citizenship Amendment Act 1984 which came into force on 1 May 1987. Hence between 1 January 1983 and 1 May 1987 a British citizen and an Australian citizen were both British subjects under Australian law, but not under United Kingdom law. The term encompassed all citizens of countries included in the list contained in the Nationality and Citizenship Act 1948. The list of countries was based on, but was not identical with, those countries (and their colonies) which were members of the Commonwealth from time to time. The list was amended from time to time as various former colonies became independent countries, but the list in the Act was not necessarily up-to-date as far as to constitute exactly a list of countries in the Commonwealth at any given time. This definition of "British subject" meant that, for the purposes of Australian nationality law, citizens of countries which had become republics, such as India, were grouped as "British subjects".
Unusual arrangements were made in the cases of Singapore
and the Federation of Malaya
. When Singapore became self-governing in 1959 (whilst still remaining a British colony), the status "British subject: citizen of the State of Singapore" was introduced, a status which existed until the (short-lived) incorporation
of Singapore within Malaysia between 1963 and 1965. Similar arrangements also existed for the other states and colonies that made make up the Federation of Malaya from 1948: they too introduced citizenship statuses (which eventually became Malayan and later Malaysian citizenship) before achieving independence in 1957.
In most other Commonwealth countries, the term Commonwealth citizen was used instead of British subject.
The use of the term "British subject" was discontinued for all persons who fell into these categories, or who had a national citizenship of any other part of the Commonwealth. The category of "British subjects" now includes only those people formerly known as "British subjects without citizenship", and no other. In statutes passed before 1 January 1983, however, references to "British subjects" continue to be read as if they referred to "Commonwealth citizens".
British citizens are not British subjects under the 1981 Act. The only circumstance where a person may be both a British subject and British citizen simultaneously is a case where a British subject connected with Ireland (s. 31 of the 1981 Act) acquires British citizenship by naturalisation or registration. In this case only, British subject status is not lost upon acquiring British citizenship.
The status of British subject cannot now be transmitted by descent, and will become extinct when all existing British subjects are dead.
British subjects, other than by those who obtained their status by virtue of a connection to the Republic of Ireland prior to 1949, automatically lose their British subject status on acquiring any other nationality, including British citizenship, under section 35 of the British Nationality Act 1981.
The term "United Kingdom national" (sometimes referred to as "British national"), is used differently in various statutes, but most commonly means British citizens, British Overseas Territories citizen
s, British Overseas citizen
s, British Nationals (Overseas)
, (and usually) British subjects (as defined in the 1981 Act) and British protected person
s. British protected persons are an especial grey area; they are neither Commonwealth citizens (i.e. British subjects in the old sense), nor aliens
. Although they are not traditionally considered to be British nationals, since they are not considered to be stateless under international law they must be nationals of the United Kingdom.
In order to cover the various classes of British nationals, the following wording is currently used in drafting legislation:
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
.
Prior to 1949
At common law, every person born within the dominionDominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s and allegiance
Allegiance
An allegiance is a duty of fidelity said to be owed by a subject or a citizen to his/her state or sovereign.-Etymology:From Middle English ligeaunce . The al- prefix was probably added through confusion with another legal term, allegeance, an "allegation"...
of the English and later British Crown was an English or British subject. This meant that to be a subject, one simply had to be born in any territory under the sovereignty of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
. The only exception at common law was that the children of foreign ambassadors took the nationality of their fathers, who were immune
Diplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
from local jurisdiction and from duties of allegiance. From time to time, statutes were passed expanding the class of persons who held the status of subject, e.g. the statute 25 Edw. III st. 2 that naturalised the children of English parents born overseas.
In Calvin's Case, the Court of Exchequer Chamber
Court of Exchequer Chamber
The Court of Exchequer Chamber was an English appellate court for common law civil actions, prior to the reforms of the Judicature Acts of 1873-1875....
ruled that a Scottish subject of King James VI of Scotland, who was also King of England, was by virtue of his allegiance to the King's person not an alien, but a natural-born subject under English law.
Entitlement to the status of British subject was first codified by the British Nationality and Status of Aliens Act 1914, which came into effect on 1 January 1915.
Within the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
, the main class of people who were not British subjects were the rulers of native states formally under the protection
Protectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
of the British Crown, and their peoples. Although their countries may for all practical purposes have been ruled by the imperial government, such persons are considered to have been born outside the sovereignty and allegiance of the British Crown, and were (and, where these persons are still alive, still are) known as British protected person
British protected person
A British protected person is a member of class of certain persons under the British Nationality Act 1981 associated with former protected states, protectorates, mandated and trust territories under British control...
s.
Between 1947 and 1951 each of the various existing members of the British Commonwealth of Nations created its own national citizenship (the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
had done so in 1935, but left the Commonwealth in 1949). In 1948, the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
passed the British Nationality Act 1948, which came into effect on 1 January 1949 and introduced the concept of "Citizenship of the UK & Colonies".
1949 to 1982
From 1 January 1949, when the British Nationality Act 1948 came into force, every person who was a British subject by virtue of a connection with the United Kingdom or one of her Crown coloniesCrown colony
A Crown colony, also known in the 17th century as royal colony, was a type of colonial administration of the English and later British Empire....
(i.e. not the Dominions) became a Citizen of the United Kingdom and Colonies.
However, UK & Colonies citizens, in common with citizens of other Commonwealth countries , also retained the status of British subject. From 1949, the status of British subject was also known by the term Commonwealth citizen
Commonwealth citizen
A Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
, and included any person who was:
- a citizen of the United Kingdom and Colonies;
- a citizen of any other Commonwealth country; or
- one of a limited number of "British subjects without citizenship".
In the third category were mainly people born before 1949 in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
who did not acquire citizenship of their country or any other Dominion (in the case of those born in India and Pakistan), or who applied after 1949 for restoration of their British subject status (for those connected with Ireland).
Hence, from 1949 to 1982, a person born in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
would have been a British subject and a citizen of the United Kingdom and Colonies, while someone born in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, would have been a British subject and a citizen of Australia.
British subjects in other parts of the Commonwealth
Between 1949 and 1982, the status of British subject was a common status held by citizens of countries throughout the Commonwealth, and many Commonwealth countries had statutes defining the term "British subject" in their laws, in much the same way as the status of Commonwealth citizen is now defined. In contrast, the British Nationality Act 1981 now provides that, as far as United Kingdom law is concerned, no person is a British subject except as provided by the Act.In South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
, South Africans ceased to be British subjects when the country became a republic outside the Commonwealth in 1961, and the Commonwealth Relations Act 1962 removed all reference to British nationality.
In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the term "British subject" was replaced by "Commonwealth citizen" when the Canadian Citizenship Act 1947 was replaced by the Citizenship Act 1977, which came into force on 15 February 1977.
In New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, the status of British subject ceased to be defined by New Zealand law when the British Nationality and New Zealand Citizenship Act 1948 was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. However, s. 2 (Interpretation) of the Act still contains a reference in the definition of "Alien" to "...Commonwealth citizen (British subject)...".
In Southern Rhodesia
Southern Rhodesia
Southern Rhodesia was the name of the British colony situated north of the Limpopo River and the Union of South Africa. From its independence in 1965 until its extinction in 1980, it was known as Rhodesia...
, the unrecognised Parliament of Rhodesia
Rhodesia
Rhodesia , officially the Republic of Rhodesia from 1970, was an unrecognised state located in southern Africa that existed between 1965 and 1979 following its Unilateral Declaration of Independence from the United Kingdom on 11 November 1965...
purported to repeal the Citizenship of Southern Rhodesia and British Nationality Act 1963, under which Southern Rhodesian citizens were British subjects, and to enact the Citizenship of Rhodesia Act 1970, following the declaration of Rhodesia as a republic. However, pursuant to the 1963 Act and the Southern Rhodesia Act 1965 (UK), Southern Rhodesians continued to be British subjects under Southern Rhodesian law until Zimbabwean independence in 1979.
In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the status of British subject was retained in Australian law until Part II of the Nationality and Citizenship Act 1948 was removed by the Australian Citizenship Amendment Act 1984 which came into force on 1 May 1987. Hence between 1 January 1983 and 1 May 1987 a British citizen and an Australian citizen were both British subjects under Australian law, but not under United Kingdom law. The term encompassed all citizens of countries included in the list contained in the Nationality and Citizenship Act 1948. The list of countries was based on, but was not identical with, those countries (and their colonies) which were members of the Commonwealth from time to time. The list was amended from time to time as various former colonies became independent countries, but the list in the Act was not necessarily up-to-date as far as to constitute exactly a list of countries in the Commonwealth at any given time. This definition of "British subject" meant that, for the purposes of Australian nationality law, citizens of countries which had become republics, such as India, were grouped as "British subjects".
Unusual arrangements were made in the cases of Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
and the Federation of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
. When Singapore became self-governing in 1959 (whilst still remaining a British colony), the status "British subject: citizen of the State of Singapore" was introduced, a status which existed until the (short-lived) incorporation
Singapore in Malaysia
On 16 September 1963, which was also Lee Kuan Yew's 40th birthday, Singapore merged with the Federation of Malaya alongside Sabah and Sarawak to form Malaysia...
of Singapore within Malaysia between 1963 and 1965. Similar arrangements also existed for the other states and colonies that made make up the Federation of Malaya from 1948: they too introduced citizenship statuses (which eventually became Malayan and later Malaysian citizenship) before achieving independence in 1957.
In most other Commonwealth countries, the term Commonwealth citizen was used instead of British subject.
After 1983
On 1 January 1983, upon the coming into force of the British Nationality Act 1981, every Citizen of the United Kingdom and Colonies became either a British Citizen, British Dependent Territories Citizen or British Overseas Citizen.The use of the term "British subject" was discontinued for all persons who fell into these categories, or who had a national citizenship of any other part of the Commonwealth. The category of "British subjects" now includes only those people formerly known as "British subjects without citizenship", and no other. In statutes passed before 1 January 1983, however, references to "British subjects" continue to be read as if they referred to "Commonwealth citizens".
British citizens are not British subjects under the 1981 Act. The only circumstance where a person may be both a British subject and British citizen simultaneously is a case where a British subject connected with Ireland (s. 31 of the 1981 Act) acquires British citizenship by naturalisation or registration. In this case only, British subject status is not lost upon acquiring British citizenship.
The status of British subject cannot now be transmitted by descent, and will become extinct when all existing British subjects are dead.
British subjects, other than by those who obtained their status by virtue of a connection to the Republic of Ireland prior to 1949, automatically lose their British subject status on acquiring any other nationality, including British citizenship, under section 35 of the British Nationality Act 1981.
Other terms
Although the term "British subject" now has a very restrictive statutory definition in the United Kingdom, and it would therefore be incorrect to describe a British citizen as a British subject, the concept of a "subject" is still recognised by the law, and the terms "the Queen's subjects", "Her Majesty's subjects", etc., continue to be used in British legal discourse.The term "United Kingdom national" (sometimes referred to as "British national"), is used differently in various statutes, but most commonly means British citizens, British Overseas Territories citizen
British Overseas Territories citizen
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
s, British Overseas citizen
British Overseas citizen
In British nationality law, the status of British Overseas citizen is one of several categories of British national. A British Overseas citizen does not have an automatic right to live in the United Kingdom.-British Nationality Act 1981:...
s, British Nationals (Overseas)
British National (Overseas)
British National , commonly known as BN, is one of the major classes of British nationality under British nationality law. Holders of this nationality are British nationals and Commonwealth citizens, but not British Citizens...
, (and usually) British subjects (as defined in the 1981 Act) and British protected person
British protected person
A British protected person is a member of class of certain persons under the British Nationality Act 1981 associated with former protected states, protectorates, mandated and trust territories under British control...
s. British protected persons are an especial grey area; they are neither Commonwealth citizens (i.e. British subjects in the old sense), nor aliens
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
. Although they are not traditionally considered to be British nationals, since they are not considered to be stateless under international law they must be nationals of the United Kingdom.
In order to cover the various classes of British nationals, the following wording is currently used in drafting legislation:
- A person who is:
- (a) a British citizen, a British Overseas Territories citizen, a British National (Overseas) or a British Overseas citizen; or
- (b) a person who under the British Nationality Act 1981 is a British subject; or
- (c) a British protected person (within the meaning of that Act).
See also
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
- History of British nationality lawHistory 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 the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- British EmpireBritish EmpireThe British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...