British Nationality Act 1948
Encyclopedia
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, which had agreed that each of the Commonwealth member states would legislate for its own citizenship, distinct from the shared status of "Commonwealth citizen" (formerly known as "British subject"). Similar legislation was also passed in most of the other Commonwealth countries.
The Act formed the basis of the United Kingdom's nationality law until the British Nationality Act 1981
came into force in 1983. However, the concept of a common Commonwealth citizenship had already been progressively eroded from 1962 onwards by British legislation targeted against non-White
Commonwealth immigrants.
Broadly speaking, nationals of the United Kingdom, the Dominion
s, and the various British colonies had always shared a common citizenship status of "British subject". However, in 1946 the Canadian parliament
passed the Canadian Citizenship Act
, which established a separate Canadian citizenship. In response, a Commonwealth conference met in London in 1947, where it was agreed that each of the Commonwealth member states would be free to legislate for its own citizenship, while still retaining elements of a common Commonwealth citizenship. The resultant legislation passed by the United Kingdom for itself and its colonies was the British Nationality Act 1948. Legislation passed in the other Commonwealth countries included Australia
's Nationality and Citizenship Act 1948, New Zealand
's British Nationality and New Zealand Citizenship Act, 1948, and Southern Rhodesia
's Southern Rhodesian Citizenship and British Nationality Act, 1949.
and Africa
, the United Kingdom gradually tightened controls on immigration by British subjects from other parts of the Commonwealth. The Immigration Act 1971
introduced the concept of patriality, by which only British subjects with sufficiently strong links to the British Islands (i.e. the United Kingdom, the Channel Islands
and the Isle of Man
) had right of abode
, the right to live and work in the United Kingdom and Islands.
Most of the 1948 Act was replaced by the British Nationality Act 1981
with effect from 1 January 1983.
As modified by section 51 of the British Nationality Act 1981, section 3 now restricts this jurisdiction to British citizens
, British Overseas Territories citizen
s, British Overseas citizen
s and British Nationals (Overseas)
.
(Note, however, that section 3 is subject to any subsequent legislation to different effect, such as section 72 of the Sexual Offences Act 2003
(as amended).)
Also, in spite of the fact that most of this Act has been repealed by the British Nationality Act 1981, the acquisition of new categories of British Nationality created by the British Nationality Act 1981 is often made dependent on one's nationality status prior to the effective date of the British Nationality Act 1981. This therefore means that many of the original provisions of British Nationality Act 1948 are still relevant today.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that created the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the national citizenship of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and its colonies.
The Act, which came into effect on 1 January 1949, was passed in consequence of the 1947 Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
conference, which had agreed that each of the Commonwealth member states would legislate for its own citizenship, distinct from the shared status of "Commonwealth citizen" (formerly known as "British subject"). Similar legislation was also passed in most of the other Commonwealth countries.
The Act formed the basis of the United Kingdom's nationality law until the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
came into force in 1983. However, the concept of a common Commonwealth citizenship had already been progressively eroded from 1962 onwards by British legislation targeted against non-White
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
Commonwealth immigrants.
Background to the Act
- See also: British nationality law and the Republic of IrelandBritish nationality law and the Republic of IrelandThis article concerns British nationality law in respect of citizens of what is now the independent state of Ireland, which was known in the United Kingdom as "Eire" between 1937 and 1949, and which was the Irish Free State between 1922 and 1937...
Broadly speaking, nationals of the United Kingdom, the Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...
s, and the various British colonies had always shared a common citizenship status of "British subject". However, in 1946 the Canadian parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
passed the Canadian Citizenship Act
Canadian Citizenship Act 1946
The Canadian Citizenship Act is an Act of the Parliament of Canada, which was enacted June 27, 1946, and came into effect on January 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects....
, which established a separate Canadian citizenship. In response, a Commonwealth conference met in London in 1947, where it was agreed that each of the Commonwealth member states would be free to legislate for its own citizenship, while still retaining elements of a common Commonwealth citizenship. The resultant legislation passed by the United Kingdom for itself and its colonies was the British Nationality Act 1948. Legislation passed in the other Commonwealth countries included Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
's Nationality and Citizenship Act 1948, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
's British Nationality and New Zealand Citizenship Act, 1948, and Southern Rhodesia
Southern Rhodesia
Southern Rhodesia was the name of the British colony situated north of the Limpopo River and the Union of South Africa. From its independence in 1965 until its extinction in 1980, it was known as Rhodesia...
's Southern Rhodesian Citizenship and British Nationality Act, 1949.
Provisions of the Act
The Act created the new status of "citizen of the United Kingdom and Colonies" (CUKC) for people born or naturalised in either the United Kingdom or one of its colonies. Provision was also made in certain circumstances for citizenship to be acquired by descent from a CUKC, or by registration.Reform of the Act, and subsequent Acts
Between 1962 and 1971, as a result of fears about increasing immigration by Commonwealth citizens from AsiaAsia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
and Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
, the United Kingdom gradually tightened controls on immigration by British subjects from other parts of the Commonwealth. The Immigration Act 1971
Immigration Act 1971
The Immigration Act 1971 is an Act of the Parliament of the United Kingdom concerning immigration.The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricted immigration, especially primary immigration into the UK....
introduced the concept of patriality, by which only British subjects with sufficiently strong links to the British Islands (i.e. the United Kingdom, the Channel Islands
Channel Islands
The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
and the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
) had right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
, the right to live and work in the United Kingdom and Islands.
Most of the 1948 Act was replaced by the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
with effect from 1 January 1983.
The Act today
The only significant provision of the Act to survive today is section 3, which concerns the extra-territorial jurisdiction of the criminal courts over crimes committed by British subjects overseas. Generally, British criminal law does not apply to things done overseas, but there are some exceptions for acts done abroad by British subjects, such as murder. Section 3 restricted the scope of this jurisdiction to CUKCs (except in respect of crimes that would be against UK law even if committed by aliens). This was necessary so that, for example, a Canadian citizen who committed murder in Canada could not be prosecuted for it in a British court instead of in Canada.As modified by section 51 of the British Nationality Act 1981, section 3 now restricts this jurisdiction to British citizens
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
, British Overseas Territories citizen
British Overseas Territories citizen
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
s, British Overseas citizen
British Overseas citizen
In British nationality law, the status of British Overseas citizen is one of several categories of British national. A British Overseas citizen does not have an automatic right to live in the United Kingdom.-British Nationality Act 1981:...
s and British Nationals (Overseas)
British nationality law and Hong Kong
British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre of over seven million people, the territory has attracted...
.
(Note, however, that section 3 is subject to any subsequent legislation to different effect, such as section 72 of the Sexual Offences Act 2003
Sexual Offences Act 2003
The Sexual Offences Act 2003 is an Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland that was passed in 2003 and became law on 1 May 2004.It replaced older sexual offences laws with more specific and explicit wording...
(as amended).)
Also, in spite of the fact that most of this Act has been repealed by the British Nationality Act 1981, the acquisition of new categories of British Nationality created by the British Nationality Act 1981 is often made dependent on one's nationality status prior to the effective date of the British Nationality Act 1981. This therefore means that many of the original provisions of British Nationality Act 1948 are still relevant today.
See also
- History of British nationality lawHistory of British nationality law- Early English and British nationality law :British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
- Immigration ActImmigration ActAn Immigration Act is a law regulating immigration. A number of countries have had Immigration Acts including:*Canada**The Immigration Act, 1906**The Chinese Immigration Act of 1923**The Immigration Act, 1952**The Immigration Act, 1978...