Immigration Corner | What does the term ‘British subject’ mean?

Dear Mr Bassie,

Could you please explain what the term to be a ‘British subject’ means as I am seeking clarity on it?

WM

Dear WM,

Please note that until 1949, nearly everyone with a close connection to the United Kingdom 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. Please be aware that since 1983, very few people have qualified as British subjects.

WHO QUALIFIES AS A BRITISH SUBJECT

Persons became British subjects on January 1, 1983, if, until then, they were either a British subject without citizenship, which meant that they were a British subject on December 31, 1948, who did not become a citizen of the United Kingdom 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.

Also, please note that persons became British subjects on January 1, 1983, if they were women who registered as British subjects on the basis of their marriage to a man in one of the previously mentioned categories.

IRELAND CITIZENS

Persons are British subjects if they were citizens 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.

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 were born on or after January 1, 1983, in the United Kingdom or a British overseas territory and all the following apply when they were 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 OF A BRITISH SUBJECT

As a British subject, persons can hold a British passport and get consular assistance and protection from United Kingdom diplomatic posts.

However, they are usually subject to immigration controls and do not have the automatic right to live or work in the United Kingdom. Please note that there are only rare exceptions to this. Also, they are not considered a United Kingdom 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 and if they were born outside the United Kingdom or British overseas territories on or after January 1, 1983.

Persons must meet certain conditions, and they should read the guidance notes online before they apply using Form S2.

CHILDREN

A child under 18 years of age can be registered as a British subject in special circumstances. Before applying, it is advisable to read the guidance notes online using Form MN4.

BECOMING A CITIZEN OF ANOTHER COUNTRY

Please note 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.

Just for completeness, it should be noted that persons may be able to register as a British citizen in extremely 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, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com