Who is considered a British subject?

Dear Mr. Bassie,

I would like to know who may be considered a British Subject. Any information will be greatly appreciated.

G.V.

Dear G.V.,

It should be noted that up until 1949, nearly everyone with a close connection to the United Kingdom was called a ‘British subject’. Further, all citizens of Commonwealth countries were collectively referred to as ‘British subjects’ up until January 1983 but this was not an official status for most of them. However, since 1983, very few people have qualified as British subjects.

British subjects

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 United Kingdom (UK) and Colonies, a Commonwealth country, Pakistan or Ireland. In the alternative, they were 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 they were a woman who registered as a British subject on the basis of their marriage to a man in one of the aforementioned categories.

Ireland citizens

As previously stated,  persons were British subjects if they were a citizen of Ireland on December 31, 1948 and made a claim to remain a British subject.

However, if they did not make a claim to remain a British subject they could apply to the Home Secretary to become a British subject if either they had been in Crown service for the UK government or if they were associated with the UK or a British overseas territory by descent, residence or another way. Please note that this can be done by applying for a British subject passport.

Children of British subjects

Please be aware that 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

As a British Subject persons can hold a British passport and receive consular assistance and protection from UK diplomatic posts. 

However, persons are usually subject to immigration controls and do not have the automatic right to live or work in the UK but there are only rare exceptions to this. Please note persons are not considered a UK national by the European Union (EU).

Becoming a British subject

Persons may sometimes be able to register as a British subject if they are stateless, that is  they are not recognised by any country as having a nationality, or they were born outside of the UK or British overseas territories on or after January 1, 1983. However, certain conditions must be met. Applicants are advised to read the guidance notes before applying to register by using Form S2. A child under 18 years old  can be registered as a British subject in special circumstances. Those applicants should read the guidance notes before applying to use Form MN4.

Just for completeness 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. 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

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 (U.K.). Email: lawbassie@yahoo.com