History of British Nationality Law - British Nationality Act 1948

British Nationality Act 1948

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. Until then all Commonwealth countries, with the exception of the Irish Free State (see Irish nationality law), had a single nationality status: British subject status. 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.

Thus 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. Each other Commonwealth country did likewise, and also established its own citizenship (with the exception of Newfoundland which became part of Canada on 1 April 1949, Newfoundlanders hence becoming Canadian citizens).

The Act also provided that British subjects could be known by the alternative title Commonwealth citizen.

It was originally envisaged that all British subjects would get one (or more) of the national citizenships being drawn up under the Act, and that the remainder would be absorbed as CUKCs by the British Government. Until they acquired one or other of the national citizenships, these people continued to be British subjects without citizenship. However, some British subjects never became citizens of any Commonwealth country.

Because the nationality laws of India and Pakistan did not provide for citizenship for everyone who was born in their countries (see Indian nationality law), the British Government refused to "declare" their nationality laws for the purposes of the Act, and therefore those British subjects from these countries who did not become Indian or Pakistani citizens were never absorbed as CUKCs by the British Government. They remained British subjects without citizenship.

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.

Until 1983 the status of British subjects without citizenship was not affected by the acquisition of the citizenship of a non-Commonwealth country.