British subject
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.
Before 1949
Prior to 1 January 1949, the term "British subject" in British nationality law was used to describe any person who owed allegiance to the British Crown, wherever he was born in the British Empire. Within the Empire, the only people who were not British subjects were the rulers of native states formally under the "protection" of the British Crown, and their peoples. Such persons were (and in some cases where these persons are still alive still are) known as "British protected persons".
Between 1947 and 1951 each of the various existing members of the Commonwealth of Nations created its own national citizenship (the Irish Free State had done so in 1935, but that country left the Commonwealth in 1949). In 1948, the United Kingdom parliament passed the British Nationality Act 1948, which came into effect on 1 January 1949 and introduced the concept of "Citizenship of the UK & Colonies" .
1949 to 1982
From 1 January 1949, every person who was a British subject by virtue of a connection with the United Kingdom or one of her crown colonies became a Citizen of the United Kingdom and Colonies.
However, UK & Colonies citizens, in common with citizens of other Commonwealth countries, also retained the status of British subject. From 1949, the status of British subject was also known by the term "Commonwealth citizen", and included any person who was:
- a Citizen of the United Kingdom and Colonies;
- a citizen of any other Commonwealth country; and
- one of a limited number of "British subjects without citizenship".
In the third category were mainly people born before 1949 in the Republic of Ireland, India and Pakistan who did not acquire citizenship of their country or any other Dominion (in the case of those born in India and Pakistan), or who applied after 1949 for restoration of their British subject status (for those connected with Ireland).
Hence, from 1949 to 1982, a person born in London, England, would have been a British subject and Citizen of the United Kingdom and Colonies, while someone born in Sydney, Australia, would have been a British subject and Citizen of Australia. Not all Commonwealth countries used the term "British subject", with many preferring the newer term "Commonwealth citizen".
Since 1983
On 1 January 1983, upon the coming into force of the British Nationality Act 1981, every Citizen of the United Kingdom and Colonies became either a British Citizen, British Dependent Territories Citizen or British Overseas Citizen.
The use of the term "British subject" was discontinued for all persons who fell into these categories, or who had a national citizenship of any other part of the Commonwealth. The category of "British subjects" now includes only those people formerly known as "British subjects without citizenship", and no other. In statutes passed before 1 January 1983, however, references to "British subjects" continue to be read as if they referred to "Commonwealth citizens".
British citizens are not British subjects under the 1981 Act. The only circumstance where a person may be both a British subject and British citizen simultaneously is a case where a British subject connected with Ireland (section 31 of the 1981 Act) acquires British citizenship by naturalisation or registration. In this case only, British subject status is not lost upon acquiring British citizenship.
The status of British subject cannot now be transmitted by descent, and will become extinct when all existing British subjects are dead.
British subjects, other than by those who obtained their status by virtue of a connection to British Ireland, automatically lose their British subject status on acquiring any other nationality, including British citizenship, under section 35 of the British Nationality Act 1981.
With effect from 30 April 2003, British subjects with no other citizenship, and who have not lost or renounced any other citizenship since 4 July 2002, may be eligible to register as British citizens under section 4B of the 1981 Act without needing UK residence.
British subjects in other parts of the Commonwealth
The 1981 Act provides that, as far as United Kingdom law is concerned, no person is a British subject except as provided by the Act. However, other Commonwealth countries had statutes defining the term "British subject" in their laws.
In Canada, the term "British subject" ceased to exist in Canadian law when the Canadian Citizenship Act 1947 was replaced in 1977 by the Citizenship Act 1977, which came into force on 15 February 1977.
In New Zealand, the status of British subject ceased to be defined by New Zealand law when the British Nationality and New Zealand Citizenship Act 1948 was replaced by the Citizenship Act 1977, which came into force on 1 January 1978. However, s. 2 (Interpretation) of the Act still contains a reference in the definition of "Alien" to "...Commonwealth citizen (British subject)...".
In Australia, despite the passage of the British Nationality Act 1981 three years earlier, every Commonwealth citizen remained a British subject in Australian law until the commencement of the Australian Citizenship Amendment Act 1984, on 22 November 1984.
Other terms
Although the term "British subject" now has a very restrictive statutory definition, there is no problem with the word "subject" per se. Accordingly, nationals of countries of which Her Majesty Queen Elizabeth II is Head of State may still be referred to as "Her Majesty's subjects", while British nationals may accurately (if circuitously) be described as "subjects of Her Majesty in right of the United Kingdom".