The british government, in introducing the british nationality act, tried to justify it by reference to the anomalous character of the existing citizenship law the british nationality act 1948. This act may be cited as the british nationality act, 1948, local provisions act. Before 1945 immigration to britain was mostly accounted for by irish immigrants and some european jewish immigrants. The same requirements in relation to residence, good character, knowledge of the language and rights and duties of citizenship and intention to live in australia permanently were applied equally to everyone. India, pakistan and the 1948 british nationality act independence in the case of british india occurred at relatively short notice in august 1947, but tying. Mar 04, 2016 under section 4 of the british nationality act, 1948 the 1948 act he was a citizen of the united kingdom and colonies by birth. In the supreme court of bermuda government of bermuda. An act to amend the nationality and citizenship act 1948 1955.
The act stated that british citizenship is obtained by birth except for individuals whose father was an enemy alien and that the birth occurred in a place under enemy occupation. Deprivation of british citizenship and withdrawal of. Displayed here are links to compilations of the principal, the most current at the top of the list. British nationality act, 1948 69 the act abandons common status by repealing from january 1, 1949, the british nationality act, 1914,6 except ss. Under section 5, when obama was born in 1961 in hawaii or some other place, he automatically became a british citizen by descent from his father who was a british citizen under section 4. Every person who on 9th july 1973 is a citizen of the united kingdom and colonies a having become such a citizen under the british nationality act 1948 by virtue of his having been naturalised in the former colony of. Stateless persons, eligible citizens and protected places. The development of australian citizenship has been intertwined with immigration since federation. British nationality act of 1948 natural born citizen a. Amendments to the nationality and citizenship act in 1955, 1969, 1973, 1984, 1986 and 1993 progressively changed the assumption of britishness as the heart and soul of australianess. Based on a comprehensive survey of citizenship and nationality laws of the countries of the world, this report presents information on the laws of those countries that allow acquisition of citizenship based on the fact of ones birth in the territory of the country jus soli, or birthright citizenship.
Under section 4 of the british nationality act, 1948 the 1948 act he was a citizen of the united kingdom and colonies by birth. Bahamas nationality an act to provide for the acquisition, certification, renunciation and deprivation of citizenship of the bahamas and for purposes incidental thereto or connected therewith. Under the british nationality act of 1948 immigrants from british colonies had rights to full citizenship. The act was repealed on 1 january 1949, but there may still be claims under it as. English law and scots law have always distinguished between the monarchs subjects and aliens. An act to amend the nationality and citizenship act 19481955. Until this act came into force, people born in new zealand were british subjects but not new zealand citizens.
Oct 10, 20 british nationality act 1948 the empires dominions each adopted their separate citizenships, but retained the common status of british subject. The commonwealth heads of government decided in 1948 to embark on a major change in the law of nationality throughout the commonwealth, following canadas decision to enact its own citizenship law in 1946. Under the british nationality act of 1948, obamas father became a british citizen under section 4 by being born on the soil of an english colony, kenya. The national archives exhibitions citizenship brave. The british nationality act 1948 was an act of the parliament of the united kingdom that created the status of citizen of the united kingdom and colonies cukc as the national citizenship of the united kingdom and its colonies the act, which came into effect on 1 january 1949, was passed in consequence of the 1947 commonwealth conference on nationality and citizenship, which had agreed. British nationality law and the republic of ireland wikipedia.
The ireland act 1949 clarified the citizenship status of the british subjects and citizens and former subjects on the island of ireland, and the application of the british nationality act 1948 to people born there in addition, under section 5 of the act, a person who was born in the territory of the future republic of ireland as a british subject, but who did not receive. British citizenship, citizenship of british dependent territories, and british overseas citizenship. This act may be cited as the jamaican nationality shortfib. That act will then cease to be part of the law of the united kingdom and the colonial empire. After the war, british nationality act 1948 made provision to define the nationality status for those born in occupied territories. New zealand citizenship established nzhistory, new. Combined with the impending independence of india and pakistan in 1947, nationality law reform was necessary at that point. See cases considered under section 203a of the british nationality act, 1948 disloyalty and disaffection ho21573 bna. Deprivation of british citizenship and withdrawal of passport. The british nationality act article pdf available in twentieth century british history 101.
Apr 27, 2020 c any reference to a person who is a british subject or a british subject without citizenship by virtue of section 2, or 16 of the 1948 act or by virtue of, or of section 1 of, the british nationality act 1965 shall, in relation to any time after commencement, be construed as a reference to a person who under this act is a british subject. The title of the act was changed from the citizenship act 1948 to the australian citizenship act 1948. The british nationality and status of aliens act 1914 codified existing common law and statute, with a few minor changes. This act may be cited as the nationality and citizenand citation. Kingdom and colonies under section 124 of the british nationality act 1948, or as british citizens or british overseas citizens under the british nationality act 1981. British protected person means a person who is a british protected person for the purposes of the british nationality acts 1948 to 1965 uk. British nationality act, 1948 25 british year book of. The british nationality and new zealand citizenship act 1948 the order of the terms showed their relative importance gave new zealand citizenship to all current residents who had been either born british subjects or later naturalised granted citizenship. For application and transitional provisions see act no. The article examines the enactment of the british nationality act, 1948.
Overview west indian immigrant family, brixton, london in the aftermath of world war two, definitions of british nationality were redefined, often to encourage. More resources for the british nationality act 1948. Interpretation 1 in this act alien means a person who is not a commonwealth citizen or a british protected person. An act to make provision for british nationality and for citizenship of the united kingdom and colonies and for purposes connected with the matters aforesaid. Marxist lenin 1st journal marxists internet archive. I before the passing of this act, british nationality was based on the commonlaw doctrine that subject to certain exceptions every person born in the kings dominions i. This act may be cited as the bahamas nationality act. On 1st january 1983 he became a british dependent territories citizen. Until then all commonwealth countries had a common citizenship. Of these, only british citizenship provides the right to live in the uk. The effect of this legislation gave citizens of commonwealth of nations countries including the republic of. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial.
Coming to power after an unexpected victory in the july 1945 general elections, it was the labour party that as early as 1948 passed the british nationality act 1948. Assent 5th july, 1973 commencement 10th july, 1973 part i preliminary 1. Be it enacted by the kings most excellent majesty, the senate, and the house of representatives of the commonwealth of australia, as follows. The british nationality act 1948 was an act of the parliament of the united kingdom that created the status of citizen of the united kingdom and colonies cukc as the national citizenship of the united kingdom and its colonies. B e it enacted by the queens most excellent majesty, the senate, and the house of representatives of the commonwealth of australia, as follows.
An act relating to british nationality and australian citizenship. Cases considered under section 202 of the british nationality act, 1948 registration or naturalization obtained by means of fraud, false representation, or concealment of any material fact ho21573 bna. For information about the background to the 1981 act, see the british nationality act 1981. Due to the imminent withdrawal of the republic of ireland from the commonwealth which took effect 18 april 1949, special arrangements were made in section 2 of the 1948 british nationality act to allow british subjects from ireland to apply to continue to hold british subject status independently of the citizenship of any commonwealth country. The empires dominions each adopted their separate citizenships, but retained the common status of british subject. The british nationality act 1948 redefined british subject as any citizen of the united kingdom, its colonies, or other commonwealth countries. There are currently no known outstanding effects for the british nationality act 1948. Every person who on 9th july 1973 is a citizen of the united kingdom and colonies a having become such a citizen under the british nationality act 1948 by virtue of his having been naturalised in the former colony of the bahama islands before that act came into force.
Cyprus was formally annexed to the british empire in 1914, following turkeys entry into the first world war. These migrants were permitted unrestricted entry into britain through the british nationality act of 1948. Different types of british nationality sable international. The concept of british subject was removed by the 1973 amendment the australian citizenship act but the concept of alien remained until the 1986 amendment. It provided for a new status of citizen of the united kingdom and colonies cukc, consisting of all those british subjects who had a close relationship either through birth or. Nationality and citizenship act 1948 federal register of. Belize british nationality act 1948 local provisions act chapter 163 revised edition 2000 showing the law as at 31st december, 2000 this is a revised edition of the law, prepared by the law revision commissioner. A person who had registered or naturalised as a citizen of the uk and colonies the current main nationality status of the time could be deprived of his citizenship on the basis of fraud, false. The legislation created a legal statuscitizenship of the uk and coloniesthat included britons and colonial british subjects under a single definition of british citizenship, and entrenched their right to enter the uk.
Although there have been several amendments to the 1971 act in the intervening years, the principal british nationality law today is the british nationality act 1981, which established the current system of multiple categories of british nationality, viz. Overview west indian immigrant family, brixton, london. Prior to 1949, australians could only hold the status of british subjects. Natural born citizen a place to ask questions and get the right answers. Provided that if the father of such a person is a citizen of the united kingdom and colonies by descent only, that person. Full report, original format pdf, 405kb map pdf, 2417kb. Act of parliament made in the seventh year of the reign of her late majesty queen anne, intituled, an act for naturalizing of foreign protestants, it is, amongst other things, enacted, that the children of all naturalborn subjects, born out of the ligeance of her said late majesty, her heirs and successors, should be deemed, adjudged and taken to be naturalborn.
There are thought to be some who could still have a claim. List of mentions of the british nationality act 1948 in parliament in the period 1803 to 2005. Chapter 163 british nationality act 1948 local provisions 1st october, 1949 1. Federal register of legislation australian government. There are currently no known outstanding effects for the british nationality act 1948, part ii. The british nationality act of 1981 abolished the 1948 definition of british citizenship and replaced it with three categories. British citizens, british overseas territories citizens, british overseas citizens. The british nationality act 1948 provided for a new status of citizen of the united kingdom and colonies cukc, consisting of all those british subjects who had a close relationship either through birth or descent with the united kingdom and its remaining colonies. Commonwealth citizen was also defined in this act to have the same meaning. The british nationality act bna of 1948 was designed to provide a form of supranational citizenship to accommodate the separate nationality provisions that were beginning to proliferate as a result of constitutional change within the late empire, decolonization and the formation of the commonwealth. So many took advantage of it that the national identity. The british nationality act 1948 marked the first time that married british women gained independent nationality, regardless of the citizenship of their spouses. It was decided at that conference that the united kingdom and the self.
This was by operation of section 23 of the british nationality act 1981 the 1981 act. This act may be cited as the mauritius citizenship act. However, the 1960s saw the introduction of legislation to curtail this migration. The arrival of the ss empire windrush in 1948 marked the beginning of a controversial period of commonwealth immigration particularly from the west indies. Australian citizenship was created through the nationality and citizenship act 1948, and came into effect 26 january 1949, soon after the postwar mass migration program was launched in 1945. The july 1980 white paper titled british nationality law outline of proposed legislation upon which the british nationality act 1981 is largely based stated that 140,000 persons from the republic of ireland had made claims to retain british subject status since 1949. More claims, albeit at a slower rate, have been lodged since 1980. Posts about british nationality act of 1948 written by puzo1. The legislation created a legal statuscitizenship of the uk and coloniesthat included britons and colonial.