Who is a British subject?
Dear Mr Bassie,
I thought that persons who were citizens of Commonwealth countries were ‘British subjects’. Please clarify this for me. IF
Dear IF,
Persons should be aware that until 1949, nearly everyone with a close connection to the United Kingdom (UK) was called a ‘British subject’.
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 as since 1983, very few people have qualified as British subjects.
WHO IS A BRITISH SUBJECT?
Persons became a British subject 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;
• A person who had been a citizen of Ireland on December 31, 1948, and had made a claim to remain a British subject.
Persons also became a British subject on January 1, 1983, if they were a woman who had registered as a British subject, based on their marriage to a man in one of the following categories.
IRELAND CITIZENS
They were also considered a British subject if they were a citizen of Ireland on December 31, 1948, and had 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;
• They are associated with the UK or a British overseas territory by descent, residence or another way.
Please note that they 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 are 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
As a British subject, a person can hold a British passport and get consular assistance and protection from UK diplomatic posts.
They are usually subject to immigration controls and do not have the automatic right to live or work in the UK. However, please note that there are rare exceptions to this, and that these persons are not considered a UK national by the European Union.
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, global vice-president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com