Commonwealth citizen
Encyclopedia
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
.
In British nationality law
, a Commonwealth citizen is a person who is either a British citizen, British Overseas Territories citizen
, British Overseas citizen
, British subject
, British National (Overseas)
or a national of a country listed in Schedule 3 of the British Nationality Act 1981
. Note that British protected person
s are not Commonwealth citizens. The list of countries in Schedule 3 at any time may not accurately reflect the countries actually within the Commonwealth at that time. For example, when Fiji
left the Commonwealth in 1987 and 1990, its name was not removed from Schedule 3. This may have happened because the British Government at the time wished to avoid the consequences of Fijian citizens in the United Kingdom suddenly losing the benefits of Commonwealth citizenship.
Most other Commonwealth countries have provisions within their own law defining who is and who is not a Commonwealth citizen. Each country is free to determine what special rights, if any, are accorded to non-nationals who are Commonwealth citizens. In general, citizens of the Republic of Ireland and British protected persons, although not Commonwealth citizens, are accorded the same rights and privileges as Commonwealth citizens.
, as in many other Commonwealth countries, Commonwealth citizens (together with Irish citizens and British protected persons) are in law considered not to be "foreign" or "aliens", although British protected persons do not have all the civic rights that are enjoyed by Commonwealth and Irish citizens. Commonwealth and Irish citizens enjoy the same civic rights as British citizens, namely:
The disabilities of Commonwealth citizens who are not British citizens are few, but in the case of immigration control, very important. Commonwealth citizens (including British nationals who are not British citizens) who do not have the right of abode are subject to immigration control, including control on the right to work and carry out business. In addition, Commonwealth citizens who are not British citizens may not be engaged in certain sensitive occupations, e.g., in the Foreign and Commonwealth Office
, in the intelligence services, and some positions within the armed forces.
Nevertheless, under the United Kingdom's immigration arrangements Commonwealth citizens enjoy certain advantages:
, although the list as laid out in the Act may not reflect the actual current membership in the Commonwealth.
Although
Rwanda does not appear in Schedule 3 of the Act, for electoral purposes, its citizens are considered to be Commonwealth citizens. Also, for electoral purposes, the whole of Cyprus is considered to be a Commonwealth country; hence, anyone who holds a Cypriot passport and/or a Northern Cypriot passport
is considered to be a Commonwealth citizen (but not a person who is solely a Turkish citizen without any form of Cypriot nationality).
s by virtue of their connection to the Islands can still vote if on 31 January 1988 they were resident and on the electoral roll in the Islands, and either had a parent born on the Islands or was ordinarily resident in the Islands for 7 out of the 9 years preceding registration.. Commonwealth citizens who have lived in Grenada for 12 months are eligible to vote... By virtue of Article 159 of the Constitution, Commonwealth citizens aged 18 or over who are "domiciled and resident" in Guyana are eligible to vote.. Non-Jamaican Commonwealth citizens can register to vote in all elections as long as they are ordinarily resident in Jamaica.. By virtue of Section 77(2)(a) of the Constitution, all foreign nationals - including Commonwealth citizens - who have lived in Malawi for 7 years can register to vote.. By virtue of Section 42(1) of the Constitution, a Commonwealth citizen aged 18 or over on the 15th of August in the year of registration, and who has either lived in Mauritius for at least two years prior to the 1st of January in the year of registration or who is domiciled in Mauritius on the 1st of January in the year of registration may vote.. All foreign nationals – including Commonwealth citizens – who are permanent residents (i.e. in possession of an indefinite visa) are obliged to register to vote at the address where to have lived for at least one month, and can continue to vote in New Zealand elections if abroad as long as they have been to New Zealand in the past year... Commonwealth citizens aged 18 or over who have lived in Saint Lucia for 7 years and have lived in their constituency for at least 2 months is eligible to register to vote... Commonwealth citizens aged 15 or over who have lived for at least one year in Trinidad and Tobago are eligible to vote.
and Tanzania
, have opted not to receive consular assistance from the United Kingdom.
In other Commonwealth countries, United Kingdom high commissions accept no responsibility for unrepresented Commonwealth citizens, who should look to the host Commonwealth government for quasi-consular assistance. Canadian and Australian citizens are still able to seek consular assistance from each other's high commissions.
if they need to travel urgently and their passport has been lost/stolen/expired (as long as the FCO
has cleared this with the government of the Commonwealth citizen's home country).
When a British embassy or consulate in a foreign country is required to provide a replacement passport to a Commonwealth citizen whose government is unrepresented in that country, it will issue a British passport with the nationality of the holder marked as "Commonwealth citizen".
Some Commonwealth governments issue travel documents to Commonwealth citizens resident in their countries who are unable to obtain national passports. For example, the Department of Foreign Affairs and Trade issues Documents of Identity
(DOI) for compassionate reasons to Commonwealth citizens resident in Australia who are unable to obbtain a valid travel document for the country or countries of which he/she has nationality when he/she needs to travel urgently.
British subject
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.- Prior to 1949 :...
, is generally a person who is a national of any country within the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
.
In British nationality law
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:...
, a Commonwealth citizen is a person who is either a British citizen, 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:...
, 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:...
, British subject
British subject
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.- Prior to 1949 :...
, British National (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...
or a national of a country listed in Schedule 3 of 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:...
. Note that 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 are not Commonwealth citizens. The list of countries in Schedule 3 at any time may not accurately reflect the countries actually within the Commonwealth at that time. For example, when Fiji
Fiji
Fiji , officially the Republic of Fiji , is an island nation in Melanesia in the South Pacific Ocean about northeast of New Zealand's North Island...
left the Commonwealth in 1987 and 1990, its name was not removed from Schedule 3. This may have happened because the British Government at the time wished to avoid the consequences of Fijian citizens in the United Kingdom suddenly losing the benefits of Commonwealth citizenship.
Most other Commonwealth countries have provisions within their own law defining who is and who is not a Commonwealth citizen. Each country is free to determine what special rights, if any, are accorded to non-nationals who are Commonwealth citizens. In general, citizens of the Republic of Ireland and British protected persons, although not Commonwealth citizens, are accorded the same rights and privileges as Commonwealth citizens.
Rights and disabilities in the United Kingdom
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, as in many other Commonwealth countries, Commonwealth citizens (together with Irish citizens and British protected persons) are in law considered not to be "foreign" or "aliens", although British protected persons do not have all the civic rights that are enjoyed by Commonwealth and Irish citizens. Commonwealth and Irish citizens enjoy the same civic rights as British citizens, namely:
- the right, unless otherwise disqualified (e.g. imprisoned), to vote in all elections (i.e., parliamentary, local and European elections) as long as they have registered to vote (they must possess valid leave to enter/remainLeave to enterLeave to Enter is the technical term for someone granted entry to the United Kingdom by British immigration officers.According to the United Kingdom Border Agency, a person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or...
or not require such leaveRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
on the date of their electoral registration application) - the right, unless otherwise disqualified, to stand for election to the British House of CommonsBritish House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
as long as they possess indefinite leave to remainIndefinite leave to remainIndefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
or do not require leaveRight of Abode (United Kingdom)The right of abode is a status under United Kingdom immigration law that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.-British citizens:...
under the Immigration Act 1971 (c. 77) to enter or remain in the UK - the right, if a qualifying peer or bishop, to sit in the House of LordsHouse of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
- eligibility to hold public office (e.g., as a judge, magistrate, minister, police constable, member of the armed forces, etc.)
The disabilities of Commonwealth citizens who are not British citizens are few, but in the case of immigration control, very important. Commonwealth citizens (including British nationals who are not British citizens) who do not have the right of abode are subject to immigration control, including control on the right to work and carry out business. In addition, Commonwealth citizens who are not British citizens may not be engaged in certain sensitive occupations, e.g., in the Foreign and Commonwealth Office
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
, in the intelligence services, and some positions within the armed forces.
Nevertheless, under the United Kingdom's immigration arrangements Commonwealth citizens enjoy certain advantages:
- Commonwealth citizens born before 1 January 1983 may by virtue of having a parent born in the United Kingdom and Islands have the right of abodeRight of abodeThe right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
therein – such persons are exempt from all immigration control; - Commonwealth citizens with a grandparent born in the United Kingdom and Islands may be admitted for up to five years on this basis, and thereafter be granted indefinite leave to remainIndefinite leave to remainIndefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
; - Commonwealth citizens between the ages of 18 and 30 were eligible to be admitted for a "working holiday" for up to two years. This has since been replaced with the more restrictive Youth Mobility Scheme (now open only to youth of Australia, Canada, Japan, New Zealand, and Monaco);
- Commonwealth citizens, unlike other non-European Economic AreaEuropean Economic AreaThe European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
nationals, may not be required to register with the police while living in the United Kingdom.
Applicable countries
The following are "countries whose citizens are Commonwealth citizens" under Schedule 3 of the British Nationality Act 1981British 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:...
, although the list as laid out in the Act may not reflect the actual current membership in the Commonwealth.
| (Saint Christopher and Nevis) | (Western Samoa) |
Although
Rwanda does not appear in Schedule 3 of the Act, for electoral purposes, its citizens are considered to be Commonwealth citizens. Also, for electoral purposes, the whole of Cyprus is considered to be a Commonwealth country; hence, anyone who holds a Cypriot passport and/or a Northern Cypriot passportNorthern Cypriot passport
Holders of a Northern Cypriot Citizen passport can visit 7 countries in the world. According to the Northern Cypriot government, these countries are: Australia, Pakistan, France, Syria, Turkey, the United States and the United Kingdom.-External links:*...
is considered to be a Commonwealth citizen (but not a person who is solely a Turkish citizen without any form of Cypriot nationality).
Rights and privileges throughout the Commonwealth
Although the rights and privileges (if any) for non-national Commonwealth citizens differ from country to country, a number of Commonwealth countries grant them more privileges than 'aliens' (i.e. non-Commonwealth foreign nationals), but not the full privileges enjoyed by the country's own nationals.Right to vote
The following Commonwealth countries allow citizens from other Commonwealth countries to vote:. The Representation of the People (Amendment) Act (2002) permits Commonwealth citizens who have lived in Antigua and Barbuda for at least 3 years to register to vote in the constituency where they have resided for at least 1 month.. British subjects and Commonwealth citizens (including Irish citizens but not including South African citizens) can vote as long as they were on the federal electoral roll on 25 January 1984. If they leave Australia and their enrolment has lapsed, they are still eligible to re-enrol upon their return to Australia.. Non-Belizean Commonwealth citizens who are either domiciled or who have lived for the past 12 months in Belize are eligible to register to vote.. Non-Bermudian Commonwealth citizens who were registered to vote on 1 May 1976 are eligible to vote.. Commonwealth citizens who are not British Overseas Territories CitizenBritish 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 by virtue of their connection to the Islands can still vote if on 31 January 1988 they were resident and on the electoral roll in the Islands, and either had a parent born on the Islands or was ordinarily resident in the Islands for 7 out of the 9 years preceding registration.. Commonwealth citizens who have lived in Grenada for 12 months are eligible to vote... By virtue of Article 159 of the Constitution, Commonwealth citizens aged 18 or over who are "domiciled and resident" in Guyana are eligible to vote.. Non-Jamaican Commonwealth citizens can register to vote in all elections as long as they are ordinarily resident in Jamaica.. By virtue of Section 77(2)(a) of the Constitution, all foreign nationals - including Commonwealth citizens - who have lived in Malawi for 7 years can register to vote.. By virtue of Section 42(1) of the Constitution, a Commonwealth citizen aged 18 or over on the 15th of August in the year of registration, and who has either lived in Mauritius for at least two years prior to the 1st of January in the year of registration or who is domiciled in Mauritius on the 1st of January in the year of registration may vote.. All foreign nationals – including Commonwealth citizens – who are permanent residents (i.e. in possession of an indefinite visa) are obliged to register to vote at the address where to have lived for at least one month, and can continue to vote in New Zealand elections if abroad as long as they have been to New Zealand in the past year... Commonwealth citizens aged 18 or over who have lived in Saint Lucia for 7 years and have lived in their constituency for at least 2 months is eligible to register to vote... Commonwealth citizens aged 15 or over who have lived for at least one year in Trinidad and Tobago are eligible to vote.
Immigration benefits
Many Commonwealth countries offer visa-free entry for short visits made by Commonwealth citizens from countries with a relatively high standard of living. Many Commonwealth countries continue to allow Commonwealth citizens from other countries to become nationals/local citizens by registration rather than naturalisation, upon preferential terms, e.g. with a shorter required period of residency, although this practice has been discontinued in some countries such as New Zealand and Malta.Other rights
- The right to work in any position (including the civil serviceCivil serviceThe term civil service has two distinct meanings:* A branch of governmental service in which individuals are employed on the basis of professional merit as proven by competitive examinations....
) in some instances, except for certain specific positions (e.g. defence, Governor-GeneralGovernor-GeneralA Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
or PresidentPresidentA president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
, Prime MinisterPrime ministerA prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
). - Eligibility for the Commonwealth ScholarshipCommonwealth ScholarshipThe Commonwealth Scholarship and Fellowship Plan is an international programme under which Commonwealth governments offer scholarships and fellowships to citizens of other Commonwealth countries.-History:...
. - Eligibility to serve in most roles of the British Armed ForcesBritish Armed ForcesThe British Armed Forces are the armed forces of the United Kingdom of Great Britain and Northern Ireland.Also known as Her Majesty's Armed Forces and sometimes legally the Armed Forces of the Crown, the British Armed Forces encompasses three professional uniformed services, the Royal Navy, the...
, provided all other criteria have been met.
Consular assistance
In foreign (i.e. non-Commonwealth) countries, the British embassy or consulate is traditionally responsible for Commonwealth citizens whose governments are not represented in the country concerned. A few Commonwealth governments have made alternative arrangements to share the burden, such as the Canada-Australia Consular Services Sharing Agreement, hence for Canadian and Australian citizens, the British embassy or consulate only provides assistance if neither country is represented. In return, there are a few Australian consulates that are responsible for British nationals because there is no British consulate there. A few Commonwealth governments, namely SingaporeSingapore
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 Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
, have opted not to receive consular assistance from the United Kingdom.
In other Commonwealth countries, United Kingdom high commissions accept no responsibility for unrepresented Commonwealth citizens, who should look to the host Commonwealth government for quasi-consular assistance. Canadian and Australian citizens are still able to seek consular assistance from each other's high commissions.
Commonwealth citizen travel documents
Commonwealth citizens outside the UK are eligible to apply for a British emergency travel documentBritish emergency passport
British emergency passports are issued by British diplomatic posts to British nationals and unrepresented European Union and Commonwealth citizens for the purpose of urgent travel overseas with a maximum validity of one year.-Eligibility:British nationals, as well as unrepresented European Union...
if they need to travel urgently and their passport has been lost/stolen/expired (as long as the FCO
Foreign and Commonwealth Office
The Foreign and Commonwealth Office, commonly called the Foreign Office or the FCO is a British government department responsible for promoting the interests of the United Kingdom overseas, created in 1968 by merging the Foreign Office and the Commonwealth Office.The head of the FCO is the...
has cleared this with the government of the Commonwealth citizen's home country).
When a British embassy or consulate in a foreign country is required to provide a replacement passport to a Commonwealth citizen whose government is unrepresented in that country, it will issue a British passport with the nationality of the holder marked as "Commonwealth citizen".
Some Commonwealth governments issue travel documents to Commonwealth citizens resident in their countries who are unable to obtain national passports. For example, the Department of Foreign Affairs and Trade issues Documents of Identity
Australian Document of Identity
The Australian Document of Identity is a travel document issued by the Department of Foreign Affairs and Trade to Australian citizens and some Commonwealth citizens in specific circumstances.-Eligibility:...
(DOI) for compassionate reasons to Commonwealth citizens resident in Australia who are unable to obbtain a valid travel document for the country or countries of which he/she has nationality when he/she needs to travel urgently.