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{{EngvarB|date=November 2017}}
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{{British subjects}}
{{Short description|Legal term that has evolved over time}}

The term "'''British subject'''" has several different meanings depending on the period. Before 1949, it referred to almost all people in the [[British Empire]] (including the [[United Kingdom]], [[Dominion]]s, and [[Crown colony|colonies]], but excluding [[British protectorate|protectorates and protected states]]). Between 1949 and 1983, the term was synonymous with [[Commonwealth citizen]]. Currently, it refers to people possessing a class of [[British nationality law|British nationality]] largely granted under limited circumstances to those connected with [[Republic of Ireland|Ireland]] or [[British India]] born before 1949. Individuals with this nationality are [[British national]]s and Commonwealth citizens, but not [[British nationality law|British citizen]]s.

The status under the current definition does not automatically grant the holder [[right of abode in the United Kingdom]] but almost all British subjects do have this entitlement. As of 2025, about 20,400 British subjects hold valid [[British passport]]s with this status and enjoy consular protection when travelling abroad; about 800 do not have right of abode in the UK.<ref name=foi/>

Nationals of this class without right of abode are subject to immigration controls when entering the UK. If they hold no other citizenship, British subjects without right of abode in the UK are effectively [[statelessness|stateless]], as they are not guaranteed the right to enter the country in which they are nationals.

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== Background ==

=== Development from feudal allegiance ===
{{See also|History of British nationality law#Early English and British nationality law|History of citizenship#Great Britain}}

Before the concept of nationality was codified in legislation, inhabitants of English communities owed [[allegiance]] to their [[Feudalism in England|feudal lords]], who were themselves [[vassal]]s of the [[Monarchy of the United Kingdom|monarch]]. This system of loyalty, indirectly owed to the monarch personally, developed into a general establishment of subjecthood to [[the Crown]].<ref name="HistoricalBackgroundP5">{{harvnb|Historical background information on nationality|p=5}}.</ref> ''[[Calvin's Case]]'' in 1608 established the principle of ''[[jus soli]]'', that all those who were born within Crown dominions were natural-born subjects.<ref>{{harvnb|Price|1997|pp=77–78}}.</ref> After the [[Acts of Union 1707]], English and Scottish subjects became British subjects.<ref name="HistoricalBackgroundP5" /><ref name="Canavan116">{{harvnb|''Re Canavan'' [2017] HCA 45}}, at para. 116.</ref> Natural-born subjects were considered to owe perpetual allegiance to the Crown,<ref name="Blackstone1765">{{harvnb|Blackstone|1765}}.</ref> and could not voluntarily renounce British subject status until 1870, when it was first permitted.<ref>{{harvnb|Historical background information on nationality|pp=8–9}}.</ref>

Prior to 1708, foreigners could be [[naturalization|naturalised]] only through [[Act of Parliament (UK)|Acts of Parliament]]. Although procedures were created after this point for [[Alien (law)|aliens]] to become subjects, personalised naturalising legislation continued to be enacted until 1975. Additionally, the monarch could personally make any individual a subject by [[royal prerogative]].<ref name="HistoricalBackgroundP8">{{harvnb|Historical background information on nationality|p=8}}.</ref> By this method, a foreigner became a [[denization|denizen]] – although they were no longer considered an alien, they could not pass subject status to their children by descent and were barred from Crown service and public office.<ref name="Blackstone1765" /> This mechanism was no longer used after 1873.<ref>{{harvnb|Historical background information on nationality|p=9}}.</ref>

Until the mid-19th century, it was unclear whether nationality regulations in [[Kingdom of Great Britain|Great Britain]] (the United Kingdom from 1801) were applicable elsewhere in the Empire. Individual colonies had each developed their own procedures and requirements for naturalisation, granting subject status at the discretion of those local governments.<ref>{{harvnb|Karatani|2003|pp=55–56}}.</ref> In 1847, [[Parliament of the United Kingdom|Parliament]] formalised a clear distinction between subjects who were naturalised in the UK and those who became British subjects in other territories. Individuals naturalised in the UK were deemed to have received the status by ''imperial naturalisation'', which was valid throughout the Empire. Those naturalised in a colony were said to have gone through ''local naturalisation'' and were given subject status valid only within the relevant territory.<ref name="HistoricalBackgroundP8" /> However, when travelling outside of the Empire, British subjects who were locally naturalised in a colony were still entitled to imperial protection.<ref>{{harvnb|Karatani|2003|p=56}}.</ref>

British subject status was codified in statute law for the first time by the [[History of British nationality law#British Nationality and Status of Aliens Act 1914|British Nationality and Status of Aliens Act 1914]], which formalised the status as a common nationality among the United Kingdom, its colonies, and the self-governing [[Dominion]]s. Dominions that adopted this Act as part of their own nationality laws ([[Australia]], [[Canada]], [[Irish Free State|Ireland]], [[Dominion of Newfoundland|Newfoundland]], [[Dominion of New Zealand|New Zealand]], and [[Union of South Africa|South Africa]]) were authorised to grant subject status to aliens by ''imperial naturalisation''.<ref>{{harvnb|Historical background information on nationality|p=10}}.</ref>

During this time, British subject status was the principal form of British nationality.<ref name="Canavan116" /> There were certain territories that came under British jurisdiction but were not formally incorporated as Crown territory proper. These included [[protectorate]]s, protected states, [[League of Nations mandate]]s, and [[United Nations trust territory|United Nations trust territories]]. Because they were foreign lands, birth in one of these areas did not automatically confer British subject status. Instead, most people associated with these territories were designated as [[British protected person]]s.<ref name="ProtectoratesAndProtectedStates">{{cite web |title=Protectorates and Protected States |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/258238/pandpstates.pdf |access-date=1 April 2019}}</ref>

=== <span class="anchor" id="1949 to 1982"></span>Transition to Commonwealth citizenship ===
{{See also|British Nationality Act 1948|Commonwealth citizen}}

Following the [[World War I|First World War]], the Dominions developed distinct national identities. Britain formally recognised this at the [[1926 Imperial Conference]], jointly issuing the [[Balfour Declaration of 1926|Balfour Declaration]] with all the Dominion heads of government, which stated that the United Kingdom and Dominions were autonomous and equal to each other within the [[Commonwealth of Nations|British Commonwealth of Nations]]. Legislative independence of the Dominions was given legal effect after passage and ratification of the [[Statute of Westminster 1931]].<ref>{{harvnb|Karatani|2003|pp=86–88}}.</ref> Diverging developments in Dominion nationality laws, as well as growing assertions of local national identity separate from that of Britain and the Empire, culminated with the [[Canadian Citizenship Act, 1946|creation of Canadian citizenship in 1946]].<ref>{{harvnb|Karatani|2003|pp=114–115}}.</ref> Combined with the approaching independence of [[Dominion of India|India]] and [[Dominion of Pakistan|Pakistan]] in 1947, nationality law reform was necessary at this point to address ideas that were incompatible with the previous system.<ref>{{harvnb|Karatani|2003|pp=122–126}}.</ref>

The [[British Nationality Act 1948]] redefined ''British subject'' as any citizen of the United Kingdom, its colonies, or other Commonwealth countries. ''Commonwealth citizen'' was first defined in this Act to have the same meaning.<ref>{{harvnb|British Nationality Act 1948}}.</ref> This alternative term was necessary to retain a number of newly independent countries in the Commonwealth that wished to become republics rather than preserve the monarch as head of state.<ref>{{harvnb|Weis|1979|p=17}}.</ref> The change in naming also indicated a shift in the base theory to this aspect of British nationality; allegiance to the Crown was no longer a requirement to possess British subject status and the common status would be maintained by voluntary agreement among the various members of the Commonwealth.<ref>{{harvnb|Karatani|2003|pp=116–118}}.</ref>

British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country. A person born in Australia would be both an Australian citizen and a British subject.<ref name="EUIAust">{{cite web |last=Thwaites |first=Rayner |year=2017 |title=Report on Citizenship Law: Australia |publisher=[[European University Institute]] |page=2 |url=http://cadmus.eui.eu/bitstream/handle/1814/46449/RSCAS_GLOBALCIT_CR_2017_11.pdf |access-date=3 April 2019 |archive-url=https://web.archive.org/web/20190404005007/http://cadmus.eui.eu/bitstream/handle/1814/46449/RSCAS_GLOBALCIT_CR_2017_11.pdf |archive-date=4 April 2019 |url-status=live |df=dmy-all }}</ref> British subjects under the previous meaning who held that status on 1 January 1949 because of a connection with the United Kingdom or a remaining colony became ''Citizens of the United Kingdom and Colonies (CUKC)''. CUKC status was the principal form of British nationality during this period of time.<ref>{{harvnb|''Re Canavan'' [2017] HCA 45}}, at para. 101.</ref>

There was also a category of people called ''British subjects without citizenship (BSWC)''. Irish citizens who fulfilled certain requirements could file formal claims with the [[Home Secretary]] to remain British subjects under this definition. Additionally, those who did not qualify for CUKC status or citizenship in other Commonwealth countries, or were connected with a country that had not yet defined citizenship laws, would transitionally remain British subjects in this group.<ref>{{harvnb|Weis|1979|p=18}}.</ref>

All British subjects initially held an automatic right to settle in the United Kingdom,<ref>{{harvnb|McKay|2008}}.</ref> though non-white immigration into the United Kingdom was systemically discouraged.<ref>{{harvnb|Hansen|1999|p=90}}.</ref> This entitlement was part of a wider initiative to preserve close relationships with certain Dominions and colonies (Australia, Canada, New Zealand, South Africa, and [[Southern Rhodesia]]) and to moderate nationalist attitudes within the Commonwealth.<ref>{{harvnb|Hansen|1999|pp=76–77}}.</ref> It was thought that only a limited number of non-white colonial migrants would ever seek to settle in the UK.<ref>{{harvnb|Hansen|1999|pp=87–89}}.</ref> However, strong economic conditions in Britain after the [[World War II|Second World War]] attracted an unprecedented wave of colonial migration. In response to growing anti-immigration sentiment,<ref>{{harvnb|Hansen|1999|pp=94–95}}.</ref> Parliament imposed immigration controls on subjects originating from outside the [[British Islands]] with the [[Commonwealth Immigrants Act 1962]].<ref>{{harvnb|Evans|1972|p=508}}.</ref> The [[Immigration Act 1971]] relaxed controls on patrials, subjects whose parents or grandparents were born in the United Kingdom,<ref>{{harvnb|Evans|1972|p=509}}.</ref> and gave effective preferential treatment to Commonwealth citizens from white-majority countries.<ref>{{harvnb|Paul|1997|p=181}}.</ref>

Outside of the United Kingdom, British subjects already did not have an automatic right to settle. Australia, Canada, New Zealand, and South Africa had immigration restrictions in place for British subjects from outside their jurisdictions targeted at non-white migrants since the late 19th century.<ref>{{harvnb|Huttenback|1973|pp=116, 120, 132}}.</ref> After 1949, non-local British subjects under the new definition who were resident in these independent Commonwealth countries continued to retain certain privileges. This included eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. British subjects were eligible to vote in New Zealand until 1975<ref>{{harvnb|McMillan|2017|p=31}}.</ref> and Australia until 1984 (though subjects on the electoral roll in that year are still eligible).<ref>{{harvnb|Chappell|Chesterman|Hill|2009|p=98}}.</ref> In Canada, voting eligibility was revoked at the federal level in 1975, but not fully phased out in provinces until 2006.<ref>{{cite report |last=Maas |first=Willem |title=Access to electoral rights: Canada |publisher=[[European University Institute]] |date=July 2015 |pages=13–14 |url=https://www.yorku.ca/maas/Maas2015b.pdf |access-date=5 April 2019 |archive-url=https://web.archive.org/web/20180728190054/http://www.yorku.ca/maas/Maas2015b.pdf |archive-date=28 July 2018 |url-status=live |df=dmy-all }}</ref>

Because each country now defined ''British subject'' in separate pieces of legislation and these definitions were not always updated or kept at parity, individuals could have been British subjects in one country at a given time but not another. For example, a South African citizen in 1967 would have been considered a British subject in Canada, but not the United Kingdom or South Africa. The country was included in the list of Commonwealth nations in Canadian law,<ref>{{harvnb|Banks|1967|pp=190–191}}.</ref> despite South Africa having left the Commonwealth in 1961 and not rejoining it until 1994.<ref>{{harvnb|Turner|2008|p=45}}.</ref>

=== Redefinition as residual nationality class ===
{{See also|British Nationality Act 1981}}

By the 1980s, most colonies of the British Empire had become independent. Parliament updated nationality law to reflect the more modest geographical boundaries of the United Kingdom.<ref>{{harvnb|Paul|1997|pp=182–183}}.</ref> The [[British Nationality Act 1981]] recategorised CUKCs into different nationality groups based on patriality and birthplace. CUKCs with the right of abode in the United Kingdom or those closely connected with the UK, [[Channel Islands]], or [[Isle of Man]] became British citizens while those connected with a remaining colony became British Dependent Territories citizens (later renamed [[British Overseas Territories citizen]]s). Those who could not be reclassified into either of these statuses and who were no longer associated with a British territory became [[British Overseas citizen]]s.<ref name="BNA1981">{{harvnb|British Nationality Act 1981}}.</ref>

While all nationals under those categories continue to be Commonwealth citizens, the definition of ''British subject'' was limited to its present meaning. It currently only includes the category of people previously called ''British subjects without citizenship'' as well as women who married such persons and registered for the status. The term is no longer synonymous with ''Commonwealth citizen''. British citizens are not British subjects as defined by the 1981 Act.<ref name="BNA1981" />

In other Commonwealth countries that still retained it, British subject status under the previous definition was progressively abolished. The status remained in law in South Africa until 1961,<ref>{{cite web |last=Hobden |first=Christine |year=2018 |title=Report on Citizenship Law: South Africa |publisher=[[European University Institute]] |page=2 |url=http://cadmus.eui.eu/bitstream/handle/1814/51447/GLOBALCIT_CR_2018_01.pdf |access-date=7 April 2019}}</ref> Canada until 1977,<ref>{{cite news |title=Government officials were aware of arcane law that stripped Canadians born abroad of citizenship |date=10 October 2016 |work=[[National Post]] |url=https://nationalpost.com/news/politics/government-officials-were-aware-of-arcane-law-that-stripped-canadians-born-abroad-of-citizenship |access-date=7 April 2019}}</ref> New Zealand until 1977,<ref>{{cite web |last1=McMillan |first1=Kate |last2=Hood |first2=Anna |year=2016 |title=Report on Citizenship Law: New Zealand |publisher=[[European University Institute]] |page=7 |url=http://cadmus.eui.eu/bitstream/handle/1814/42648/EUDO_CIT_CR_2016_09.pdf?sequence=1&isAllowed=y |access-date=7 April 2019 |archive-url=https://web.archive.org/web/20180424014641/http://cadmus.eui.eu/bitstream/handle/1814/42648/EUDO_CIT_CR_2016_09.pdf?sequence=1&isAllowed=y |archive-date=24 April 2018 |url-status=live |df=dmy-all }}</ref> and Australia until 1987.<ref name="EUIAust" />

Though the British government has never conceded to suggestions that its policies and legislation concerning nationality were discriminatory or racist, Parliament has since revised nationality law to correct remaining cases of statelessness caused by deprivation of the right to settle in the UK after 1962. The [[Nationality, Immigration and Asylum Act 2002]] granted British subjects who do not hold and have not lost an alternative nationality the right to register as British citizens.<ref>{{cite web |last1=Sawyer |first1=Caroline |last2=Wray |first2=Helena |year=2014 |title=Country Report: United Kingdom |publisher=[[European University Institute]] |pages=8–10 |url=http://cadmus.eui.eu/bitstream/handle/1814/33839/EUDO-CIT_2014_01_UK.pdf |access-date=28 May 2019 |archive-url=https://web.archive.org/web/20171215073953/http://cadmus.eui.eu/bitstream/handle/1814/33839/EUDO-CIT_2014_01_UK.pdf |archive-date=15 December 2017 |url-status=live }}</ref>

== Acquisition and loss ==
{{See also|British nationality law|British nationality law and the Republic of Ireland}}

[[Naturalization|Naturalisation]] as a British subject is not possible. It is expected that British subjects will obtain citizenship in the country they reside in and that the number of active status holders will eventually dwindle until there are none.<ref>{{harvnb|Hansen|2000|p=219}}.</ref> It is currently only possible to transfer British subject status by descent if an individual born to a British subject parent would otherwise be [[statelessness|stateless]].<ref>{{harvnb|INPD Letter on British subjects}}, at para. 19</ref> The status was granted in 1949 to British subjects who did not become CUKCs or citizens of any other [[Commonwealth of Nations|Commonwealth]] country or the [[Republic of Ireland]]. Irish citizens born before 1949 may make formal claims at any time to retain status as British subjects based on: [[Crown servant|Crown service]] in the UK, passports or certificates of entitlement describing holders as British subjects, or proof of other associations with the UK or any former British territory. Women married to British subjects were also able to register for the status before 1983.<ref>{{cite web |title=British subjects |version=1.0 |date=14 July 2017 |publisher=[[Home Office]] |pages=4–6 |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633103/british-subject-status-v1.0.pdf |access-date=3 April 2019 |archive-url=https://web.archive.org/web/20190403090108/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633103/british-subject-status-v1.0.pdf |archive-date=3 April 2019 |url-status=live |df=dmy-all }}</ref> Virtually all other individuals with this status hold it by virtue of their own, or their father's, birth in former [[British Raj|British India]].<ref name="B(OTA)">{{cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |title=Guide B(OTA): Registration as a British citizen |date=March 2019 |publisher=[[Home Office]] |access-date=29 March 2019 |df=dmy-all |archive-url=https://web.archive.org/web/20190328215035/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/788221/Guide_B_OTA_.pdf |archive-date=28 March 2019 |url-status=live }}</ref>

British subjects automatically lose the status if they acquire any other nationality, including other British nationality classes, unless they possess the status through a connection with Ireland. It can also be voluntarily relinquished by a declaration made to the [[Home Secretary]], provided that an individual already possesses or intends to acquire another nationality. British subjects may be stripped of the status if it was fraudulently acquired. There is no path to restore British subject status once lost.<ref>{{cite web |title=Nationality policy: renunciation of all types of British nationality |version=3.0 |date=30 January 2018 |publisher=[[Home Office]] |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/677713/renunciation-of-all-types-of-british-nationality-v3.pdf |access-date=8 January 2019 |archive-url=https://web.archive.org/web/20190108200621/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/677713/renunciation-of-all-types-of-british-nationality-v3.pdf |archive-date=8 January 2019 |url-status=live |df=dmy-all }}</ref>

== Rights and privileges ==
British subjects who do not have right of abode in the United Kingdom are exempted from obtaining a visa or entry certificate when visiting the UK for less than six months.<ref>{{harvnb|Foreign Office Letter on Visa Requirements for British Nationals}}.</ref> When travelling in other countries, they may seek British consular protection.<ref name="BStype">{{cite web |url=https://www.gov.uk/types-of-british-nationality/british-subject |title=Types of British nationality: British subject |website=[[gov.uk]] |publisher=[[Government of the United Kingdom]] |access-date=3 April 2019 |archive-url=https://web.archive.org/web/20190203004020/https://www.gov.uk/types-of-british-nationality/british-subject |archive-date=3 February 2019 |url-status=live |df=dmy-all }}</ref> British subjects are not considered foreign nationals when residing in the UK and are entitled to certain rights as [[Commonwealth citizen]]s.<ref name="BNA1981"/> These include exemption from registration with local police,<ref>{{cite web |url=https://www.gov.uk/register-with-the-police/who-needs-to-register |title=UK visas and registering with the police |website=[[gov.uk]] |publisher=[[Government of the United Kingdom]] |access-date=2 April 2019 |archive-url=https://web.archive.org/web/20190101220549/https://www.gov.uk/register-with-the-police/who-needs-to-register |archive-date=1 January 2019 |url-status=live |df=dmy-all }}</ref> voting eligibility in UK elections,<ref name="RepOfPeople1983">{{harvnb|Representation of the People Act 1983}}.</ref> and the ability to enlist in the [[British Armed Forces]].<ref>{{cite web |url=https://apply.army.mod.uk/how-to-join/can-i-join/nationality |title=Nationality |publisher=[[British Army]] |access-date=2 April 2019 |archive-url=https://web.archive.org/web/20190403001720/https://apply.army.mod.uk/how-to-join/can-i-join/nationality |archive-date=3 April 2019 |url-status=live |df=dmy-all }}</ref> British subjects are also eligible to serve in all [[Civil Service (United Kingdom)|Civil Service]] posts,<ref>{{cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/536134/civil_service-nationality_rules_20_june__2016.pdf |title=Civil Service Nationality Rules |date=November 2007 |page=5 |publisher=[[Cabinet Office]] |access-date=2 April 2019 |df=dmy-all |archive-url=https://web.archive.org/web/20180821110740/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/536134/civil_service-nationality_rules_20_june__2016.pdf |archive-date=21 August 2018 |url-status=live }}</ref> be granted [[British honours]], receive [[peerage]]s, and sit in the [[House of Lords]].<ref name="BNA1981" /> If given [[indefinite leave to remain]] (ILR), they are eligible to stand for election to the [[House of Commons of the United Kingdom|House of Commons]]<ref>{{cite web |title=How can I stand in an election? |publisher=[[Parliament of the United Kingdom]] |url=https://www.parliament.uk/get-involved/elections/standing/ |access-date=6 April 2019 |archive-url=https://web.archive.org/web/20190207085813/https://www.parliament.uk/get-involved/elections/standing/ |archive-date=7 February 2019 |url-status=live |df=dmy-all }}</ref> and local government.<ref>{{cite web |title=Guidance for candidates and agents: Part 1 of 6 – Can you stand for election? |publisher=[[Electoral Commission (United Kingdom)|Electoral Commission]] |date=January 2019 |page=3 |work=Local elections in England and Wales |url=https://www.electoralcommission.org.uk/__data/assets/pdf_file/0007/141784/Part-1-Can-you-stand-for-election-LGEW.pdf |access-date=6 April 2019 |archive-url=https://web.archive.org/web/20190102022016/http://www.electoralcommission.org.uk/__data/assets/pdf_file/0007/141784/Part-1-Can-you-stand-for-election-LGEW.pdf |archive-date=2 January 2019 |url-status=live |df=dmy-all }}</ref><ref>{{cite web |title=Guidance for candidates and agents: Part 1 of 6 – Can you stand for election? |publisher=[[Electoral Commission (United Kingdom)|Electoral Commission]] |date=April 2017 |page=3 |work=Local council elections in Scotland |url=https://www.electoralcommission.org.uk/__data/assets/pdf_file/0020/214436/SLG-Part-1-Can-you-stand-for-election.pdf |access-date=6 April 2019 |archive-url=https://web.archive.org/web/20170308094410/http://www.electoralcommission.org.uk/__data/assets/pdf_file/0020/214436/SLG-Part-1-Can-you-stand-for-election.pdf |archive-date=8 March 2017 |url-status=live |df=dmy-all }}</ref><ref>{{cite web |title=Guide for Candidates and Agents: Local Council Elections |publisher=Electoral Commission for Northern Ireland |date=2019 |page=10 |url=https://www.eoni.org.uk/getmedia/644de0df-8a92-4ca5-9bc1-af99747c8f4a/Local-Council-Elections-2019-Guide-for-Candidates-and-Agents_3 |access-date=6 April 2019 |archive-date=7 April 2019 |archive-url=https://web.archive.org/web/20190407020302/https://www.eoni.org.uk/getmedia/644de0df-8a92-4ca5-9bc1-af99747c8f4a/Local-Council-Elections-2019-Guide-for-Candidates-and-Agents_3 |url-status=dead }}</ref> British subjects only have right of abode in the UK if they were born to at least one British subject parent who themself was born in the UK or, if they are female, were married to a person with right of abode before 1983.<ref>{{harvnb|Evans|1972|p=511}}.</ref> Almost every person who still retains British subject status has UK right of abode. As of 2025, about 20,400 people hold valid [[British passport]]s with the status, and about 800 do not have right of abode.<ref name=foi>{{harvnb|FOI Letter on Passports}}.</ref>

All British subjects may become British citizens by registration, rather than [[naturalization|naturalisation]], after residing in the United Kingdom for more than five years and possessing either right of abode or ILR for more than one year. Registration in this way confers citizenship ''otherwise than by descent'', meaning that children born outside of the UK to those successfully registered will be British citizens ''by descent''.<ref name="B(OTA)" /> British subjects with right of abode may also register for citizenship without residence requirements by virtue of their birth to a parent born in the UK. Applicants who successfully register in this way become British citizens ''by descent'' and cannot pass citizenship to their children born outside of the UK.<ref>{{cite web |url=https://www.gov.uk/right-of-abode/commonwealth-citizens |title=Prove you have right of abode in the UK: Commonwealth citizens |website=[[gov.uk]] |publisher=[[Government of the United Kingdom]] |access-date=9 May 2020 |archive-url=https://web.archive.org/web/20200414060028/https://www.gov.uk/right-of-abode/commonwealth-citizens |archive-date=14 April 2020 |url-status=live |df=dmy-all }}</ref> Individuals who become British citizens would automatically lose British subject status if they are not connected with Ireland. Otherwise, British subjects may also be British citizens simultaneously.<ref name="B(OTA)" /> British subjects who do not hold and have not lost any other nationality on or after 4 July 2002 are entitled to register as British citizens.<ref name="2002-Act">{{harvnb|Nationality, Immigration and Asylum Act 2002}}.</ref>

In [[Australia]], "British subjects"{{efn|As defined in the [[Commonwealth Electoral Act 1918]], so now comprising the 48 Commonwealth citizenships that devolved from that status, such as Canadian, British, Malaysian and New Zealand citizenships, i.e. [[Commonwealth citizen]]. It is not to the UK legal concept of "British subject".}} who were enrolled to vote before 26 January 1984 retain that right in elections and referendums despite the introduction of [[Australian citizenship]] requirements since then.<ref name=":0">{{Cite web |last= |first= |date=16 January 2024 |title=British Subjects Eligibility |url=https://www.aec.gov.au/Enrolling_to_vote/British_subjects.htm |access-date=2024-01-24 |website=[[Australian Electoral Commission]] |language=en-AU}}</ref> Additionally, voting remains compulsory even if their enrollment had lapsed.<ref name=":0" /> {{asof|2023}} there were over 100,000 enrolled to vote with the status of "British subject".

{{notelist}}

== Restrictions ==
In a case before [[Court of Justice of the European Union]], it was argued by one of the parties that British subjects who hold no other nationality are ''de facto'' stateless because they do not have a right to enter the country that claims them as nationals.<ref>{{harvnb|''Kaur'' [2001] C-192/99}}, at para. 17</ref> The [[Nationality, Immigration and Asylum Act 2002]] allowed these individuals to register as British citizens, after which statelessness was generally resolved for people who were solely British subjects.<ref name="2002-Act" />

=== United Kingdom ===
{{See also|Right of abode in the United Kingdom}}

British subjects without right of abode are subject to immigration controls when entering the United Kingdom.<ref name="BStype" /> They are required to pay an [[immigration health surcharge]] to access [[National Health Service]] benefits when residing in the UK for longer than six months<ref>{{cite web|url=https://www.gov.uk/government/news/uk-announces-health-surcharge|title=UK announces health surcharge|website=[[gov.uk]]|publisher=[[Government of the United Kingdom]] |date=27 March 2015 |access-date=8 January 2018 |archive-url=https://web.archive.org/web/20181211133729/https://www.gov.uk/government/news/uk-announces-health-surcharge|archive-date=11 December 2018|url-status=live|df=dmy-all}}</ref> and do not qualify for most welfare programmes.<ref>{{harvnb|Immigration and Asylum Act 1999}}.</ref>

=== European Union ===
Before the [[Brexit|United Kingdom withdrew from the European Union]] on 31 January 2020, full British citizens and British subjects with right of abode in the UK were [[Citizenship of the European Union|European Union citizens]].<ref name="EU2019/592">{{CELEX|32019R0592|text=Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union}}</ref> British subjects without right of abode in the UK were not EU citizens and did not enjoy [[Freedom of movement for workers in the European Union|freedom of movement]] in other EU countries.<ref>{{ECLI|ECLI:EU:C:2001:106}}, ''Kaur'' [2001] C-192/99, at para. 19–27</ref> They were,<ref>{{CELEX|32018R1806|text=Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement}} Annex II.</ref> and continue to be, exempted from obtaining visas when visiting the [[Schengen Area]].<ref name="EU2019/592" />

== References ==
=== Citations ===
{{reflist}}

=== Sources ===
==== Legislation and case law ====
{{refbegin|35em}}
* {{cite AustLII |litigants=Re Canavan |link=Re Canavan |court=HCA |year=2017 |num=45 |date=27 October 2017 |courtname=auto |ref={{sfnref|''Re Canavan'' [2017] HCA 45}}}}
* {{CELEX|32018R1806|text=Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement}}
* {{CELEX|32019R0592|text=Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union}}
* {{cite BAILII |litigants=The Queen v. Secretary of State for the Home Department, ex parte: Manjit Kaur |court=EUECJ |year=2001 |num=C19299 |eucase=C-192/99 |courtname=auto |ref={{sfnref|''Kaur'' [2001] C-192/99}}}}
* {{wikicite |reference={{Cite legislation UK |type=act |year=1948 |chapter=56 |act=British Nationality Act 1948}} |ref={{sfnref|British Nationality Act 1948}} }}
* {{wikicite |reference={{Cite legislation UK |type=act |year=1981 |chapter=61 |act=British Nationality Act 1981}} |ref={{sfnref|British Nationality Act 1981}} }}
* {{wikicite |reference={{Cite legislation UK |type=act |year=1999 |chapter=33 |act=Immigration and Asylum Act 1999 |section=115}} |ref={{sfnref|Immigration and Asylum Act 1999}} }}
* {{wikicite |reference={{Cite legislation UK |type=act |year=2002 |chapter=41 |act=Nationality, Immigration and Asylum Act 2002 |section=12}} |ref={{sfnref|Nationality, Immigration and Asylum Act 2002}} }}
* {{wikicite |reference={{Cite legislation UK |type=act |year=1983 |chapter=2 |act=Representation of the People Act 1983 |section=4}} |ref={{sfnref|Representation of the People Act 1983}} }}
{{refend}}

==== Correspondence ====
{{refbegin|35em}}
* {{cite letter |author=((Director, Immigration and Nationality Policy Directorate)) |recipient=[[Beverley Hughes]] and the [[Home Secretary]] |subject=British Overseas citizens – Nationality, Immigration and Asylum Bill |language=en |date=19 June 2002 |url=https://publications.parliament.uk/pa/ld200506/ldlwa/60503wa1.pdf |access-date=21 February 2019 |ref={{sfnref|INPD Letter on British subjects}} }}
* {{cite letter |author=Richard Cooke |recipient=Select Committee on Foreign Affairs |subject=Letter to the Clerk of the Committee from the Parliamentary Relations and Devolution Team, Foreign and Commonwealth Office  |language=en |date=13 February 2007 |url=https://publications.parliament.uk/pa/cm200607/cmselect/cmfaff/166/6121309.htm |access-date=3 April 2019 |ref={{sfnref|Foreign Office Letter on Visa Requirements for British Nationals}} }}
* {{cite letter |author=[[HM Passport Office]]  |recipient=Timothy Lam |subject=Freedom of Information Request |language=en |date=23 January 2025 |url=https://www.whatdotheyknow.com/request/number_of_british_passports_issu_12/response/2895024/attach/3/FOI2025%2000095%20Timothy%20Lam%20final%20response.pdf |access-date=24 January 2025 |ref={{sfnref|FOI Letter on Passports}} }}
{{refend}}

==== Publications ====
{{refbegin|35em}}
* {{cite journal |last=Banks |first=Margaret |title=The Franchise in Britain and Canada |journal=The University of Toronto Law Journal |year=1967 |volume=17 |issue=1 |pages=187–194 |jstor=825368 |doi=10.2307/825368 }}
* {{cite book |last=Blackstone |first=William |author-link=William Blackstone |chapter=Of the People, Whether Aliens, Denizens, or Natives |title=Commentaries on the Laws of England |year=1765 |volume=1 |oclc= 747740286 |title-link=Commentaries on the Laws of England }}
* {{cite book |last1=Chappell |first1=Louise |author-link1=Louise Chappell |last2=Chesterman |first2=John |last3=Hill |first3=Lisa |date=2009 |title=The Politics of Human Rights in Australia |url = https://books.google.com/books?id=4OdL-ZimDAUC |publisher=[[Cambridge University Press]] |isbn=978-0-521-70774-9 }}
* {{cite journal |last=Evans |first=J. M. |title=Immigration Act 1971 |journal=The Modern Law Review |year=1972 |volume=35 |issue=5 |pages=508–524 |jstor=1094478 |doi=10.1111/j.1468-2230.1972.tb02363.x }}
* {{cite book |last=Hansen |first=Randall |date=2000 |author-link=Randall Hansen |title=Citizenship and Immigration in Post-war Britain |url = https://books.google.com/books?id=qj8GEjW91oEC |publisher=[[Oxford University Press]] |isbn=0-19-924054-X }}
* {{cite journal |last=Hansen |first=Randall |title=The Politics of Citizenship in 1940s Britain: The British Nationality Act |journal=Twentieth Century British History |year=1999 |author-link=Randall Hansen |volume=10 |issue=1 |pages=67–95 |doi=10.1093/tcbh/10.1.67 }}
* {{cite journal |last=Huttenback |first=R.A. |title=The British Empire as a "White Man's Country" – Racial Attitudes and Immigration Legislation in the Colonies of White Settlement |journal=Journal of British Studies |date=November 1973 |volume=13 |issue=1 |pages=108–137 |doi=10.1086/385652 |jstor=175372 |s2cid=143685923 }}
* {{cite book |last=Karatani |first=Rieko |date=2003 |title=Defining British Citizenship: Empire, Commonwealth and Modern Britain |url = https://books.google.com/books?id=acePAgAAQBAJ |publisher=Frank Cass Publishers |isbn=0-7146-8298-5 }}
* {{cite journal |last=McKay |first=James |title=The Passage of the 1962 Commonwealth Immigrants Act, a Case-Study of Backbench Power |journal=Observatoire de la Société Britannique |year=2008 |issue=6 |pages=89–108 |doi=10.4000/osb.433 |url=http://journals.openedition.org/osb/433 |url-access=subscription }}
* {{cite book |last=McMillan |first=Kate |date=2017 |chapter=Fairness and the borders around political community |editor-last=Hall |editor-first=David |title=Fair Borders?: Migration Policy in the Twenty-First Century |url = https://books.google.com/books?id=6VErDwAAQBAJ |publisher=Bridget Williams Books |doi=10.7810/9780947518851 |hdl=10289/11427 |isbn=9780947518851 }}
* {{cite book |last=Paul |first=Kathleen |date=1997 |title=Whitewashing Britain: Race and Citizenship in the Postwar Era |url = https://books.google.com/books?id=7lhuDwAAQBAJ |publisher=[[Cornell University Press]] |isbn=978-0-8014-8440-7 }}
* {{cite journal |last=Price |first=Polly J. |title=Natural Law and Birthright Citizenship in Calvin's Case (1608) |journal=Yale Journal of Law & the Humanities |year=1997 |volume=9 |issue=1 |pages=73–145 |ssrn=3157386 }}
* {{cite book |last=Turner |first=Barry |editor1-first=Barry |editor1-last=Turner |date=2008 |title=The Statesman's Yearbook 2009: The Politics, Cultures and Economies of the World |url = https://books.google.com/books?id=ipPlDQAAQBAJ |publisher=Macmillan Publishers |doi=10.1007/978-1-349-74027-7 |isbn=978-1-4039-9278-9 }}
* {{cite book |last=Weis |first=Paul |date=1979 |title=Nationality and Statelessness in International Law |edition=2nd |url = https://books.google.com/books?id=hSLGDXqXeegC |publisher=Sijthoff & Noordhoff |isbn=90-286-0329-8 }}
{{refend}}

==== Government reports ====
{{refbegin}}
* {{cite report |title=Historical background information on nationality |version=1.0 |publisher=[[Home Office]] |date=21 July 2017 |url = https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/650994/Background-information-on-nationality-v1.0EXT.pdf |access-date=3 April 2019 |ref={{sfnref|Historical background information on nationality}} }}
{{refend}}

{{DEFAULTSORT:British Subject}}
[[Category:British nationality law|Subject]]