Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates and protected states).
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.
Before the concept of nationality was codified in legislation, inhabitants of English communities owed allegiance to their feudal lords, who were themselves vassals of the monarch.
[2] Calvin's Case in 1608 established the principle of jus soli, that all those who were born within Crown dominions were natural-born subjects.
[7] By this method, a foreigner became a 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.
Individual colonies had each developed their own procedures and requirements for naturalisation, granting subject status at the discretion of those local governments.
Dominions that adopted this Act as part of their own nationality laws (Australia, Canada, Ireland, Newfoundland, New Zealand, and South Africa) were authorised to grant subject status to aliens by imperial naturalisation.
[14] Combined with the approaching independence of India and Pakistan in 1947, nationality law reform was necessary at this point to address ideas that were incompatible with the previous system.
[16] 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.
Irish citizens who fulfilled certain requirements could file formal claims with the Home Secretary to remain British subjects under this definition.
[23] 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.
[27] The Immigration Act 1971 relaxed controls on patrials, subjects whose parents or grandparents were born in the United Kingdom,[28] and gave effective preferential treatment to Commonwealth citizens from white-majority countries.
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.
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.
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.
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.
[46] 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.
[37] These include exemption from registration with local police,[49] voting eligibility in UK elections,[50] and the ability to enlist in the British Armed Forces.
[37] If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons[53] and local government.
[45] 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.
[59] In Australia, "British subjects"[a] 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.