British Nationality Law and The Republic of Ireland - British Nationality Act 1948

British Nationality Act 1948

Following Canada's enactment of the Canadian Citizenship Act 1946 (in force from 1 January 1947), the Commonwealth Heads of Government agreed that every member state would enact its own citizenship law, while retaining the common status of British subject. The British Parliament passed the British Nationality Act 1948, which created the status of citizen of the United Kingdom and Colonies. Because of Ireland's impending departure from the Commonwealth (on 18 April 1949), special provision was made for the retention by certain Irish citizens of the status of British subject, without being citizens of any Commonwealth member state.

As a result of the British Nationality Act 1948, Irish citizens ("citizens of Eire") lost British-subject status automatically on 1 January 1949 if they did not acquire citizenship of Britain & Colonies or that of another Commonwealth country, notwithstanding that Ireland did not cease to be one of His Majesty's dominions until 18 April 1949.

However, section 2 of the Act allowed certain Irish citizens who were British subjects before 1949 to apply at any time to the Secretary of State to remain British subjects. Applications had to be based on:

• previous Crown service under the United Kingdom government;
• possession of a British passport; or
• associations by way of descent, residence or otherwise with the United Kingdom or any Crown colony, protectorate, british mandated territory or British trust territory.

No provision was made for the retention of British nationality by Irish citizens born in the Republic of Ireland after 1948. British subject status, as distinct from citizenship of the UK & Colonies, was not transmissible by descent.

For the purpose of the 1948 legislation, the United Kingdom was defined based on its post-1922 borders. Hence, birth in the Republic of Ireland before 1922 was not sufficient in itself to confer UK & Colonies citizenship. Persons born in the Republic of Ireland before 1949 became Citizens of the UK & Colonies by descent in British law on 1 January 1949 if they had a father born in the United Kingdom or a place which was a colony at that date (provided father was married to the person's mother).

In common with those from the Commonwealth, Irish citizens resident in the United Kingdom, whether they held British subject status or not, were entitled to apply for registration as a citizen of the UK & Colonies after one year's residence. By the 1970s this time period had increased to five years.