Immigration Corner | Who is a British subject?

Dear Mr Bassie,

I have always heard the term ‘British Subject’. I would like to know who is considered a British subject.

LB

Dear LB,

Please be aware that until 1949, almost everyone who had a close connection to the United Kingdom was called a ‘British subject’. In addition, all citizens of Commonwealth countries were collectively referred to as ‘British subjects’ until January 1983. However, it should be noted that this was not an official status for most of them and since 1983, very few people have qualified as British subjects.

WHO IS CONSIDERED TO BE A BRITISH SUBJECT

Persons became British subjects on January 1, 1983 if, until then, 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.

A person 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 considered a British subject if they were a citizen 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 they can apply to the Home Secretary to become a British subject if either:

• They have been in Crown service for the UK government; or

• They are associated with the UK or a British overseas territory by descent, residence or another way.

Please note that persons can do this by applying for a British subject passport.

CHILDREN OF BRITISH SUBJECTS

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 1, 1983 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

• They would be stateless without British subject status

RIGHTS AS A BRITISH SUBJECT

Persons are able to hold a British passport and get consular assistance and protection from UK diplomatic posts. However, they are usually subject to immigration controls and do not have the automatic right to live or work in the UK. Please note that there are only rare exceptions to this.

Further, it should be noted that they are not considered a UK National by the European Union.

BECOMING A BRITISH SUBJECTSTATELESS PEOPLE

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. However, they must meet certain conditions.

CHILDREN

With respect to children, it should be noted that a child under 18 years old can be registered as a British subject in special circumstances. Persons are advised to read the guidance notes before they apply using Form MN4.

BECOMING A CITIZEN OF ANOTHER COUNTRY

Just for completeness, it should be noted that since January 1, 1983 anyone gaining citizenship of any other country cannot be a British subject, unless they are also a citizen of Ireland.

Persons may be able to register as a British citizen in limited circumstances if they meet certain conditions.

I hope this helps.

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