[Kilsally]

BRITISH NATIONALITY - THE IRISH DIMENSION
Many people ask the question: "What rights does someone born in the Republic of Ireland have to British citizenship?". The first aspect of the issue is to differentiate between British citizenship and British nationality, and the second is to clarify the distinction between holding British nationality and the 'right of abode' in the United Kingdom.

All British citizens are British nationals, but not all British nationals are British citizens.


British nationals include British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) and British subjects.


All British citizens have the 'right of abode' in the UK, but only a small proportion of other British nationals have this right. A few citizens of Commonwealth countries also have it.


The 'right of abode' is an unqualified right to enter, live and remain in the United Kingdom. People holding UK permanent residence (Indefinite Leave to Remain) do not hold this right, nor do citizens of other EU countries (including Irish citizens).


From 1949 to 1962, all Commonwealth citizens, whether they were citizens of the UK and Colonies, British subjects without citizenship, or citizens of Commonwealth countries, had this right. From 1962, even citizenship of the UK and Colonies did not in itself give automatic access to the UK. The British Nationality Act 1981 restored the link beween UK citizenship and immigration rights by granting British citizenship only to those citizens of the UK and Colonies with the 'right of abode' in the UK. Other citizens of the UK and Colonies were granted subsidiary categories of British nationality such as British Overseas citizenship which give no right to enter and live in the UK.
Part of the confusion between British citizenship and British subject status stems from the fact that the definition of British subject has changed over the years. Prior to 1949, a British subject was what a British citizen is today, except it was in an Empire-wide context (which included the then Irish Free State).

Following on the desire of many Dominions to create their own national citizenships (Canada had done so in 1947) it was agreed in the late 1940s that each Commonwealth country would have its own citizenship, and that everybody holding the citizenship of one or more Commonwealth countries would also be regarded as a British subject.

The British Nationality Act 1948 created a citizenship of the UK and Colonies for those people who had a link to the UK (as it was in 1948) and the colonies which were British at the time. Citizens of the UK and Colonies, as well as citizens of all Commonwealth nations had the collective status of 'British subject' under the law in both the UK and other Commonwealth nations.

In addition, under UK law some people from former British India and Southern Ireland were permitted to hold the status of 'British subject' without at the same time holding citizenship of the UK/Colonies or a Commonwealth country.

The creation of 'citizenship of the UK and Colonies' in 1949 did not make much difference to civic rights within the UK. Up until 1962, any Commonwealth citizen, or British subject without citizenship, could freely enter the UK to live and work (as could Irish citizens without British subject status). Even after immigration control was imposed in 1962, Commonwealth citizens legally in the UK retained the right to vote or hold public office, and most of these rights remain intact in the UK today, even though other Commonwealth nations like Canada and Australia have abolished recriprocal rights for Britons.

From 1 January 1983, UK nationality law changed again with the British Nationality Act 1981. Commonwealth citizens were no longer to have the status of British subject, and citizenship of the UK and Colonies was split into three categories: British citizenship, British Dependent Territories citizenship and British Overseas citizenship. People who were British subjects without citizenship retained that status under UK law.

By the early 1980s the fact that Commonwealth citizens were British subjects gave them no immigration access to the UK. This had effectively ended in 1962, and in fact from that date even among citizens of the UK and Colonies there was a division between those who had the right of abode in the UK and those who did not. The 1981 Act finally brought a degree of convergence between the UK's immigration and citizenship laws, whereby only British citizenship in itself would give a right to live in the UK. All other categories of British nationality gave the right to British consular protection and passport facilities, but no automatic right to live freely in the UK.

The following questions and answers illustrate how the issue of British nationality may affect Irish people, whether knowingly or unknowingly. Unless the context states otherwise, all parents and grandparents are assumed to have been born in the Republic of Ireland. Needless to say, they give a general overview of a very detailed subject, and cannot necessarily apply to every individual case.

I was born in Northern Ireland. Am I British?
If you were born before 1 January 1983, the answer is yes (unless your father was an Irish diplomat).

If you were born on or after 1 January 1983, the position is more complex. You will be automatically British if one of your parents was a British citizen (but not a British subject) at the time of your birth. This applies whether they had a British passport or not.

If neither parent was a British citizen, you will still be British automatically if either of your parents was 'settled' in the UK. This is defined as being ordinarily resident and having permission to stay indefinitely in the UK. Irish citizens are given this permission automatically, so the only issue would be whether your parents were living in Northern Ireland at the time you were born. If that was the case, then you are British automatically, if not (eg they were on holidays) then you will not be British from birth.

If your parents later went to live in the UK, you could apply to register as a British citizen up to your 18th birthday.

What's the difference between a British subject and a British citizen?
A British subject is a person who owes allegiance to the Queen but does not have a particular connection to the UK as it is today, whereas a British citizen does.

In terms of rights, a only British citizenship in itself gives a right of abode in the UK. British subjects do not have this right automatically. However, those who hold this status from a connection with Southern Ireland will normally have a UK born parent (for this purpose the UK includes Southern Ireland before 1 April 1922), and this means having a UK right of abode.

A British subject is entitled to register as a British citizen after living in the UK for 5 years.

Do you have to have a British passport to be a British citizen?
No. You need to be a British citizen (or have some other category of British nationality) to get a British passport, but the reverse is not true. There is no obligation on any British citizen to get a British passport to activate his/her British citizenship

Does being born in Southern Ireland before 1922 make you a British citizen today?
Unlikely. Unless you were covered by a limited exception in the Ireland Act 1949, you would not hold any form of British nationality unless you had reclaimed British subject status on or after 1 January 1949. It is still possible to reclaim British subject status today, but this is not the same as British citizenship.

It is important to understand that Southern Ireland pre 1 April 1922 is considered by the British to be part of the United Kingdom for the purposes of determining rights under UK immigration law, but not for the purposes of obtaining British citizenship. So if you are a British subject who has been born in Southern Ireland pre 1922, or with a parent born there, then you have a 'right of abode' in the UK. Similarly, a Commonwealth citizen can use a grandparent born in Southern Ireland pre 1922 if he/she wants to obtain a UK immigration visa on ancestry grounds. But being born there before 1922 does not normally make you a British citizen today, nor even a British subject unless you apply to the British government to reclaim this status.

What was the exception in the Ireland Act?
It applied where the following four conditions were satisfied:

Born in Southern Ireland before 6 December 1922.
Domiciled outside Southern Ireland on 6 December 1922.
Ordinarily resident outside Southern Ireland from 10 April 1935 to 31 December 1948.
Had not been registered as an Irish citizen under the old law of the Irish Free State, the Irish Nationality and Citizenship Act 1935, as of 1949.
Those covered by the exception not only retained British subject status, but were granted citizenship of the UK and Colonies in 1949. They would now be British citizens today, but few people will have met all these criteria and even fewer will still be alive.

One of my parents was born in Northern Ireland. Am I British?
If your father was born in Northern Ireland, yes - provided your parents were married. If your mother was born in Northern Ireland then yes if you were born on or after 1 January 1983. Otherwise you would only be British if you had been registered as such before your 18th birthday. This was only possible from 1979 onwards, although people born before 1979 could still be registered as long as application was made before age 18.
Same applies if you have a parent born in Great Britain.

What about a grandparent born in Northern Ireland?
Unlikely. British citizenship does not transmit automatically beyond the first generation outside the UK.

I was born in Southern Ireland, but have always used a British passport. How can I know if I'm a British citizen or a British subject?
The easiest way is to look at the identity page of your passport. The national status (on passports issued since 1983) will be given as either 'British citizen' or 'British subject.'
Failing that, contact the British Embassy for guidance.

Don't Irish citizens have a right of abode in the UK?
No. Only British citizens (and some British subjects and Commonwealth citizens who had the right of abode before 1983) have an unqualified right to live in the UK.

In practice, the entry of Irish citizens to the UK is not restricted, but the UK government still has the power to deport an Irish citizen on exceptional grounds. Or it could introduce immigration controls on Irish citizens, although these days such controls could not go beyond the limited controls applied to other EEA (the EU plus Norway, Iceland and Liechtenstein) citizens.

I have a British passport. Why can't I get one for my child?
If you are a British subject it's because British subject status cannot be transmitted. If you are a British citizen, it's probably because you have that status yourself by descent rather than by birth. There are some limited circumstances where you could pass on your citizenship, but these have time limits to apply for it (for example, in the most common case it's 12 months from the child's birth).

How can an Irish citizen born in 1949 or later get British citizenship?
Only by living in the UK for 5 years (3 years if married to a British citizen) and applying for naturalisation. This is relatively straightforward provided the residence requirement is met.

If I am a British subject, how can I become a British citizen?
You would need to live in the UK for 5 years and apply for registration as a British citizen. Or if you're married to a British citizen, you can apply for naturalisation after 3 years. The difference between registration and naturalisation is that the former is quicker and the Home Secretary has no grounds to refuse if the criteria are met. Naturalisation is occasionally refused on grounds of character.

Does an Irish citizen need to take an oath of allegiance to become a British citizen?
Normally yes. But not if you're already a British subject or if you're any of the following:

Under 18; or
Also a British Dependent Territories citizen, British Overseas citizen or British National (Overseas); or
Also a citizen of any country with the Queen as Head of State (eg Australia, Canada or New Zealand but not all of the other Commonwealth countries).
Claiming retention of British subject status for those born before 1949 does not require an oath of allegiance.

How many Irish people born before 1949 have British subject status?
Approximately 165,000 claims to retain British subject status have been made since 1949, with about 2,500 claims being made each year in the 1990s. There are no figures on how many of these people are still alive, but it is likely to be at least half of the above number. There is no information available on how many of these are living in Southern Ireland as opposed to elsewhere.

How many Irish people living in Britain take out British citizenship?
Currently about 100 Irish citizens per year (including children) are naturalised or registered as British citizens each year. During the 1960s this was about 700 per year, but has gradually reduced since then.

If you are a British citizen or subject and don't want to be, what can you do?
You can either ignore the fact, and just use your Irish citizenship, or you can formally renounce British nationality at the British Embassy. Very few people do this.
British nationality does not expire simply because you do not obtain a British passport, or if you don't renew a passport.

If I had a British passport in the 1950s, am I still British today?
If you obtained a British passport on or after 1 January 1949, you would have had to declare yourself to have remained a British subject (however if your last British passport was issued before that date, this would not apply). And in this case you would still be a British subject today, even if you never obtained a British passport since then. The only way you can formally cease to be a British subject legally is to renounce it at the British Embassy.

Do you have to have been born in Ireland to be able to claim British subject status?
Not necessarily. The rule is that on 31 December 1948 you were a British subject under British law at the time, and an Irish citizen under Irish law as it was at the time. You will also need to show one of the following:

Evidence of links to the UK, such as a parent born there (Southern Ireland pre 1 April 1922 is acceptable), or a British colony; or
That you have been in Crown Service; or
That you held a British passport prior to 1949.
If you meet one of these criteria your claim to have remained a British subject since 1949 will be accepted.

If you were born in Southern Ireland prior to 1 April 1922, or if one of your parents was born there (or anywhere in the UK) you will also be granted the right of abode in the UK. Although if your father was born in Great Britain or Northern Ireland you will already be a British citizen by descent (providing your parents were married) and hence being a British subject as well will be somewhat meaningless (although legally possible under the British Nationality Act 1981).

How well regarded is the British subject passport internationally?
Provided it's endorsed with a right of abode in the UK, it will be accepted by the majority of countries. This is particularly as it will be in EU format (British passports that do not give access to the UK generally don't have any EU references), and is fully acceptable within the EU. However, the USA does not accept the British subject passport for visa free tourist entry even if it's endorsed with a UK right of abode stamp. Similarly, it's not acceptable for the Australian Electronic Travel Authority and a standard tourist visa would be required. Ironically, an Irish passport is more convenient for travelling to these countries. It is worth checking with the embassy of the country you plan to visit in advance if you are going to use a British subject passport. Or have an Irish passport with you that you can use if you encounter any problems.

If I claim British subject status or British citizenship, will it affect my Irish citizenship?
No - in most cases dual/multiple nationality is unrestricted for Irish citizens, as far as the Irish government is concerned. If you are Irish by naturalisation (as opposed to birth, descent or marriage) the Irish government could under the law take away your Irish citizenship if you became British, but it's not an automatic process. Britain will not ask you to give up your Irish citizenship or passport if you become either a British subject or a British citizen. If you hold any other citizenships you should check with the authorities concerned.

I was born to Southern Irish parents in a British colony. Am I British?
This may be a very complex question. It depends on a number of factors:

When were you born (before 1949, 1949-1982, or after 1982).
Which colony you were born in.
Whether it has become independent since you were born.
Whether or not you acquired citizenship of the newly independent country.
whether you had a parent born in the Republic of Ireland before 1 April 1922 or not.
Depending on the answers you could have British citizenship, British Dependent Territories citizenship, British Overseas citizenship, British National (Overseas), British subject status or no British nationality at all.

If you hold British Dependent Territories citizenship there is legislation before the UK parliament (as of the time of writing - October 2001) that will grant you full British citizenship automatically once it is passed.

Generally speaking, if you were born in a British colony before 1 January 1983, you would have acquired citizenship of the UK and Colonies at birth. As a rule, if the colony became independent and you acquired the new country's citizenship (on which point the laws varied greatly) you would have lost UK and Colonies citizenship at that point.

If you had kept citizenship of the UK and Colonies after independence, you would have become a British Overseas citizen in 1983 unless you had before that date a right of abode in the UK. This would have given you British citizenship instead. The rules on acquiring a right of abode in the UK under the Immigration Act 1971 as it existed from 1973 to 1983 are very complex, and you would need to get detailed advice on your circumstances.

In the case of Hong Kong, an Irish person born there before 1983 would generally speaking not now have any form of British nationality unless he acquired a right of abode in the UK before 1983, or if he registered as a British National (Overseas) before the handover of Hong Kong to China in 1997.

Being born to Irish parents in a British colony on or after 1 January 1983 would in most cases give no claim to British nationality at all.

If you have British nationality, whether you could transmit this to your own children born in Southern Ireland is highly dependent on when your children were born and what category of British nationality you ended up with under the 1981 Act.