Immigration Corner | Who are British subjects and what are their rights?

Dear Mr Bassie,

Please explain who can claim to be a British subject and what rights do they have.

PK

Dear PK,

It should be noted that until 1949, nearly everyone with a close connection to the United Kingdom (UK) was called a ‘British subject’, and all citizens of Commonwealth countries were collectively referred to as ‘British subjects’ until January 1983. However, this was not an official status for most of them and since 1983, very few people have qualified as British subjects.

WHO CAN CLAIM TO BE A BRITISH SUBJECT

Persons became a British subject on January 1, 1983, if up to that moment they were either:

• A British subject without citizenship, which means they were a British subject on December 31, 1948, who did not become a citizen of the UK and colonies, a Commonwealth country, Pakistan or Ireland; or

• A person who had been a citizen of Ireland on December 31, 1948, and had made a claim to remain a British subject.

Further, someone also became a British subject on January 1, 1983, if she was a woman who registered as a British subject on the basis of their marriage to a man in one of these categories.

IRELAND CITIZENS

Persons are British subjects if they were citizens of Ireland on December 31, 1948, and made a claim to remain a British subject.

If they did not make a claim to remain a British subject, those persons can apply to the home secretary to become a British subject if either they have been in Crown service for the UK government; or if they are associated with the UK or a British overseas territory by descent, residence or another way. Persons can do this by applying for a British subject passport.

CHILDREN OF BRITISH SUBJECTS

Please be aware that British subjects cannot normally pass on that status to their children if the children were born after January 1, 1983.

However, a child may be a British subject if they were born on or after January 19831 in the UK or a British overseas territory, and all the following apply when they are born:

• One of their parents is a British subject;

• Neither parent is a British citizen, British overseas territories citizen or British overseas citizen; and

• They would be stateless without British subject status

RIGHTS AS A BRITISH SUBJECT

Persons can hold a British passport and receive consular assistance and protection from UK diplomatic posts.

However, those persons are usually subject to immigration controls and do not have the automatic right to live or work in the UK. It should be noted that there are only rare exceptions to this. Also, British subjects are not considered a UK national by the European Union.

HOW TO BECOME A BRITISH SUBJECT

Persons may sometimes be able to register as a British subject if they are stateless; that is, not recognised by any country as having a nationality. They may also be able to register if they were born outside the UK or British overseas territories on or after January 1, 1983

Persons must meet certain conditions and are advised to go online and read the guidance notes before applying and using Form S2. Please note that a child under 18 years old can be registered as a British subject in special circumstances.

Good luck.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com