Some exceptions to this general principle existed in the common law, to recognise the situation of children born on foreign soil to English (or British after the Act of Union 1707) subjects.
An example of the latter is the granting of English nationality to the Electress Sophia of Hanover, the heir to the throne under the Act of Settlement 1701 (12 & 13 Will.
[2] However, the Home Office believes that the act does not generally give claimants a right of abode in the United Kingdom.
Successful claims will normally be granted to only those with British Overseas Citizen status unless entitled to a right of abode in the UK under the Immigration Act 1971 (c. 77) as in force prior to 1983.
[2] Denization remained the usual form by which foreign-born subjects swore allegiance to the Crown until general naturalisation acts were passed.
[3] British subject status was acquired as follows: British subject status was normally lost by: The Commonwealth Heads of Government decided in 1948 to embark on a major change in the law of nationality throughout the Commonwealth, following Canada's decision to enact its own citizenship law in 1946.
It was decided at that conference that the United Kingdom and the self-governing dominions would each adopt separate national citizenships, but retain the common status of British subject.
6. c. 56) marked the first time that married British women gained independent nationality, regardless of the citizenship of their spouses.
Due to the imminent withdrawal of the Republic of Ireland from the Commonwealth (which took effect 18 April 1949), special arrangements were made in s.2 of the Act to allow British subjects from Ireland to apply to continue to hold British subject status independently of the citizenship of any Commonwealth country.
Prior to 1983, as a general rule, British nationality could be transmitted from only the father, and parents were required to be married.
In the face of various concerns over gender equality, human rights, and treaty obligations, Parliament moved to act on these situations.
[5] On 8 February 1979 the Home Office announced that overseas-born children of British mothers would generally be eligible for registration as UK citizens provided application was made before the child reached age 18.
The Borders, Citizenship and Immigration Act 2009 then expanded the earliest date of birth covered from 1961 to 1 January 1949, and elaborated in "a dense and at times impenetrable piece of drafting"[6][5] on the section's approach, while also covering numerous additional and less common situations, and adding a good character requirement.
[9] Such child must also meet character requirements, pay relevant processing fees and attend a citizenship ceremony.
Under the independence legislation passed in the United Kingdom, a person connected with a particular colony generally lost CUKC on a specified date (which was normally that particular colony's date of attaining independence) if: Therefore, it was possible for CUKCs to lose the status even if they had migrated to the UK and acquired the right of abode.
The Commonwealth Immigrants Act 1962 made Citizens of the United Kingdom and Colonies (CUKCs) whose passports were not directly issued by the United Kingdom Government (i.e. passports issued by the Governor of a colony or by the Commander of a British protectorate) subject to immigration control.
Particularly in the newly independent Commonwealth countries of East Africa, the result was that there were now citizens of the United Kingdom and Colonies who had no right of residence anywhere.
[22] As CUKCs who had passports issued by a British High Commissioner they were arriving in the United Kingdom in large numbers.
[23] Lord Lester of Herne Hill, QC, has written a detailed paper, "East African Asians versus The United Kingdom: The Inside Story", setting out the difficulties faced by the group.
(Protectorates, Protected States, Mandates and Trust Territories were never, legally speaking, British colonies.)
Any Hong Kong BDTC who wished to do so was able to acquire the (non-transmissible) status of British National (Overseas).
Where the applicant in such cases confirms that he or she still wishes to receive British citizenship the decision will be reconsidered on request.
[27] If they have acquired no other nationality after birth, they will be entitled to register for full British citizenship with right of abode in the UK.
A distinction of terminology is made between British Overseas Territories Citizens born before 1 January 1983, introduction of British Dependent Territories, Citizenship, who would previously have been Citizens of the United Kingdom and Colonies, and those born after, and therefore who had not ever held right to freely enter and remain in the UK before 2002 (unless they also separately qualified as British Citizens or had "right to remain" stamped into their passports, to which they were entitled after five years legal residence in the UK).
The accession of the whole island of Cyprus to the European Union would possibly have made the sole exclusion of the Sovereign Base Areas untenable, as they would become the only Cypriots (as well as the only British Overseas Territories citizens) not to have the right to live and work in the United Kingdom.
Despite strong resistance from Senior Officials at the Home Office,[29] the then Home Secretary, David Blunkett, said on 3 July 2002 that this would "right a historic wrong" which had left stateless tens of thousands of Asian people who had worked closely with British colonial administrations.
[30] The Government of India has also issued clarifications in respect of people with these citizenships to assist with consideration of applications under the Nationality, Immigration and Asylum Act 2002.
(This right to registration under this measure was later amended by the Borders, Citizenship and Immigration Act 2009, which moved the earliest date of birth covered from 1961 to 1 January 1949, and elaborated in "a dense and at times impenetrable piece of drafting"[6][5] on the section 4C approach, while also covering numerous additional and less common situations, and adding a good character requirement.
Neither the language nor Life in the UK test requirements apply to those seeking registration (as opposed to naturalisation) as a British citizen.
[35] Such child must also meet character requirements, pay relevant processing fees and attend a citizenship ceremony.