| British & Commonwealth citizenship |
|---|
) ) |
| Commonwealth nationality laws |
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British (history) Australian Barbadian Canadian (history) Indian Malaysian Maltese New Zealand Singaporean South African Irish citizens in the UK |
| Classes of citizens and subjects |
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British citizen British subject British Overseas Territories citizen British Overseas citizen British National (Overseas) British protected person Commonwealth citizen |
| Rights and visas |
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Right of abode Indefinite leave to remain Permanent resident (Australia) Permanent resident (Canada) Belonger status UK Ancestry Entry Clearance |
| Acts |
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Ireland Act 1949 British Nationality Act 1981 Falkland Islands (1983) Overseas Territories Act 2002 Canadian Citizenship Act 1946 |
British citizens
All British citizens have the Right of Abode in the United Kingdom.Commonwealth citizens and British subjects
Additionally, Right of Abode is also conferred on the following Commonwealth citizens and British subjects- born before 1983 with a UK-born mother (those born before 1983 and legitimately descended from a UK-born father are British citizens, whether or not they are Commonwealth citizens/British subjects)
- adopted before 1983 by a UK born mother
- a woman married before 1983 to a man who had right of abode
No person born in 1983 or later can hold Right of Abode unless he or she is a British citizen.
It is essential that the person concerned should have held Commonwealth citizenship or British subject status on 31 December 1982 and not ceased to be a Commonwealth citizen (even temporarily) after that date.
Citizens of South Africa and Pakistan
For this reason, citizens of South Africa and Pakistan are generally not entitled to Right of Abode as these countries were not Commonwealth members on 1 January 1983. Citizens of Zimbabwe were still considered Commonwealth citizens (for nationality purposes) after that country's withdrawal from the Commonwealth because the UK did not amend Schedule 3 to the British Nationality Act 1981.Privileges of Right of Abode
Right of Abode is evidenced by a stamp in the holder's passport and confers the following rights:- an unconditional right to live, work and study in the United Kingdom
- entitlement to use the British/EEA immigration channel at United Kingdom ports of entry.
- Right of Abode holders may apply for British citizenship by naturalisation after meeting the normal residence requirements.
- Children born in the United Kingdom to Right of Abode holders will normally be British citizens by birth automatically.
- entitlement to apply for United Kingdom social security and welfare benefits
- as all Right of Abode holders are Commonwealth citizens there is a right to vote and stand for public office in the United Kingdom.
Other United Kingdom immigration concessions
United Kingdom immigration laws allow settlement to other categories of persons, however although similar in practice these do not constitute a formal Right of Abode and the full rights of Right of Abode are not necessarily available:Irish Citizens and the Common Travel Area
Because of the Common Travel Area provisions between the Republic of Ireland and the United Kingdom, Irish citizens have a de-facto right of abode in the United Kingdom.However, with the exception of those Irish persons born before 1949 who have reclaimed British subject status, the entitlement to reside in the United Kingdom is not unconditional, and Irish citizens (who are not also British citizens) are subject to removal and deportation from the UK.
EEA and Swiss Nationals in the UK
In the Immigration (European Economic Area) Regulations 2000, the United Kingdom declared that most citizens of EEA member states and their family members should only be treated as having a conditional right to reside in the UK.This has implications should such a person wish to remain permanently in the United Kingdom after ceasing employment, claim social assistance, apply for naturalisation or acquire British citizenship for a UK born child.
Those EU/EEA/Swiss nationals who will be treated as permanent residents of the UK include:
- certain persons who have retired from employment or self-employment in the UK and their family members
- those who have been granted Indefinite Leave to Remain
- Irish citizens (because of the Common Travel Area provisions)
Immigration and Nationality Directorate | EEA/EU Nationals
Indefinite Leave to Remain
Indefinite Leave to Remain is a form of UK permanent residence but does not confer a Right of Abode.British Overseas Territories
All British overseas territories operate their own immigration controls which apply to British citizens as well as to those from other countries. These territories generally have local immigration laws regulating who has Belonger status in that territory.See also
- Right of abode
- British nationality law
- History of British nationality law
- Indefinite Leave to Remain
- Commonwealth citizen
- Common Travel Area
British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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This article concerns the History of British nationality law.
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Early British nationality law
British nationality law has its origins in mediæval times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects..... Click the link for more information.
Australian citizenship was created on 26 January 1949 by the Nationality and Citizenship Act 1948 (later renamed the Australian Citizenship Act 1948). However, Australian citizens continued to be British subjects and other British subjects in Australia had a different
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Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. However, the entire role and responsibility of the Queen is vested in the Governor-General of Barbados.
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Canadian citizenship may be granted to any person by the Governor General, on the advice of the Cabinet,[1] however it is typically obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian
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Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. This took effect on 1 January 1947
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Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India.
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Malaysia Citizenship Rules 1964.
The criteria to be a Malaysian citizen are
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Requirements
The criteria to be a Malaysian citizen are
- every person born before Malaysia Day who is a citizen of the Malaysia by virtue of these provisions
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Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.
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New Zealand citizenship was created on 1 January, 1949, by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date New Zealanders were British subjects and New Zealand had the same nationality legislation as the United Kingdom and other
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Singaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli. There are four ways of acquiring Singaporean citizenship: by birth, by descent, by registration or by naturalisation.
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This article concerns British nationality law in respect of citizens of the Republic of Ireland.
When the Irish Free State (known in the United Kingdom as "Éire" between 1937 and 1949) ceased to be part of the United Kingdom in 1922, no specific problem of
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When the Irish Free State (known in the United Kingdom as "Éire" between 1937 and 1949) ceased to be part of the United Kingdom in 1922, no specific problem of
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British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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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.
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The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory
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British Nationality Act 1981
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In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national.
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British Nationality Act 1981
The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and..... Click the link for more information.
British nationality law as it pertains to Hong Kong has been a unique situation ever since it was created a British colony in 1842. With its beginning as a trading port to today's cosmopolitan international financial centre, the territory has attracted refugees, immigrants
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The status of British protected person (BPP) is a status held by certain persons under the British Nationality Act 1981. It is not traditionally considered a form of British nationality - as British protected persons are not Commonwealth citizens in British nationality law, they
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A Commonwealth citizen, formerly known as a 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
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In British nationality law, a Commonwealth citizen is a person who is either a British citizen, British Overseas
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Indefinite leave to remain (ILR) 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 their stay and who is free to take up employment or study, without restriction.
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Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia.
Holders of permanent residency visas may remain in Australia indefinitely.
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Holders of permanent residency visas may remain in Australia indefinitely.
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A Permanent Resident in Canada is someone who is not a Canadian citizen and who has been granted permission to live and work in Canada without any time limit on his or her stay. A permanent resident must live in Canada for two years out of every five or risk losing that status.
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Belonger status is a legal classification normally associated with British overseas territories. It refers to people who have close ties to a specific territory, normally by birth and/or ancestry.
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A UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom.
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The Ireland Act 1949 is a British Act of Parliament which was intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament (Oireachtas). The act is still largely in force but has been amended.
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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.
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The British Nationality (Falkland Islands) Act 1983 (1983 c. 6) was an Act of Parliament passed by the British Parliament and came into force on January 1, 1983. The purpose of the Act was to grant British citizenship to residents of the Falkland Islands, a British
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The British Overseas Territories Act 2002 (2002 c. 8) is an Act of Parliament passed in the United Kingdom in 2002, which superseded the British Nationality Act 1981. It makes provision for the renaming of the British Dependent Territories
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The Canadian Citizenship Act is an Act of the Government of Canada, which came into effect on January 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects.
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