The United Kingdom had no nationality law until the coming into force, on 1 January 1915, of the British Nationality & Status of Aliens Act 1914. The Act conferred the common status of British subject upon those persons who had specified connections with the Crown's dominions. The status of British subject implied allegiance to the Crown.

More

The United Kingdom had no nationality law until the coming into force, on 1 January 1915, of the British Nationality & Status of Aliens Act 1914. The Act conferred the common status of British subject upon those persons who had specified connections with the Crown's dominions. The status of British subject implied allegiance to the Crown.

At the Commonwealth Conference in 1947 it was agreed that each of the self-governing dominions (Canada, Australia, New Zealand, Union of South Africa, Newfoundland, India, Pakistan, Southern Rhodesia and Ceylon) would introduce separate citizenships for those persons who belonged to each country, but all would continue to share the common status of British subject, or Commonwealth citizen, both terms to have the same meaning. The United Kingdom legislation, the British Nationality Act 1948, created the status of British subject: Citizen of the United Kingdom and Colonies (BS/CUKC) for all those whose connection was with the United Kingdom itself or with a place which, on 1 January 1949, was still a colony.

The Act provided for the acquisition of BS/CUKC status by those born or naturalised in the UK or an existing colony, and by the first generation born abroad. There was no longer any restriction on the holding of dual nationality and persons acquiring citizenship of a foreign state did not automatically lose British nationality as a result. Adult aliens could acquire BS/CUKC status by naturalisation, but Commonwealth citizens and minor children were eligible in certain circumstances to acquire it by registration. Women who married CUKC husbands after 1 January 1949 had an entitlement to be registered as CUKCs themselves, subject only to the productions of evidence of a valid marriage.

The Act also provided for two categories of persons to remain "British subjects" only (not CUKCs). These were persons connected with the Republic of Ireland, and persons connected with one of the self-governing dominions which had not yet enacted its own citizenship law. From 1951 onwards the only persons remaining in the latter category are those connected with India or Pakistan.

Over the years most of the remaining colonies acquired independence within the commonwealth. Normally those CUKCs who acquired citizenship of the newly independent country ceased to be CUKCs on independence day unless they possessed specified connections with the United Kingdom itself, or with a place which remained a colony.

The British Nationality Act 1981, which came into force on 1 January 1983, replaced citizenship of the United Kingdom and Colonies with three separate citizenships:

1. British citizenship for those persons who had the right of abode in the United Kingdom (as defined in Section 2 of the Immigration Act 1971);
2. British Dependent Territories citizenship for those connected by birth or descent with a dependent territory;
3. British Overseas citizenship for those who did not belong to categories (a) or (b) above.

The term "Commonwealth citizen" no longer has the same meaning as "British subject" although persons connected with the Republic of Ireland, India or Pakistan who were British subjects under the 1948 Act (see paragraph 5 above) retain that status under the 1981 Act.

Women, whether commonwealth or foreign, no longer have an entitlement to registration, but spouses (of either sex) may apply for naturalisation after three years residence in the UK. Citizenship may now be transmitted through either the male of female line, except that in the case of an illegitimate child it can be acquired only through the mother.

In general, since 1 January 1983, it has been possible to acquire British citizenship automatically:

1. by birth in the UK to a parent who is either a British citizen or settled in the UK under immigration law;
2. by adoption in the UK by a British citizen parent;
3. by birth outside the UK to a parent who is a British citizen "otherwise than by descent";
4. by birth outside the UK to a British citizen parent in Crown, Designated or European Community service.

Special rules apply to the acquisition of British citizenship by British Dependent Territories citizens connected with Gibraltar and the Falkland Islands.

The Nationality, Immigration and Asylum Act 2002 has significantly amended British Nationality legislation, primarily the British Nationality Act 1981, with the main aim of enhancing the importance of acquiring British citizenship. Amendments include:

1. introduction of citizenship ceremonies, together with a citizenship pledge;
2. requirement for those who apply for naturalisation as a British citizen to have sufficient knowledge of United Kingdom society;
3. removal of existing provisions which allow discrimination on the grounds of sex, nationality, ethnic or national origin in the exercise of nationality functions;
4. removal of the present distinctions in nationality law between legitimate and illegitimate children;
5. removal of minimum age requirement for applications for registration by stateless children born in the UK and the British overseas territories; and
6. amendment of the grounds for deprivation of citizenship, with provision of a new right of appeal against deprivation.

© Home Office

© British Information Services, New York

Hide