Right of abode

[andrewyong]

I am trying to understand how a British subject connected to Eire would have the right of abode – am I correct that it would only be by virtue of s 2(1)(d) of the 1971 Act, and that 2(1)(a)–(c) do not apply?

[Frontier Mole]

What exactly do you mean be a British subject? Are they an overseas territory national?

[secret.simon]

What exactly do you mean be a British subject? Are they an overseas territory national?

A British subject, previously (1948-1983) called a British subject without citizenship. is a residual British nationality in the British Nationality Acts 1948 and 1981, which applies to a very small set of people born before 1949 who did not qualify for CUKC status in 1948 and hence did not qualify for either British citizenship, BOTC or BOC in 1981.

Who is a British subject
You became a British subject on 1 January 1983 if, until then, you were either:

• a British subject without citizenship, which means you were a British subject on 31 December 1948 who did not become a citizen of the UK and Colonies, a Commonwealth country, Pakistan or Ireland

• a person who had been a citizen of Ireland on 31 December 1948 and had made a claim to remain a British subject

You also became a British subject on 1 January 1983 if you were a woman who registered as a British subject on the basis of your marriage to a man in one of these categories.

Also see Home Office guidance on British subjects.

This very dated pre-referendum FoI request suggests that British Subject passports were the most commonly issued non-British Citizen British Passports (though I presume that in more recent months, BNO passports may have taken a leap, especially after the new BNO visa route was announced).

To the OP: Can I confirm that your query is about a person who does meet the criteria listed above?

I am trying to understand how a British subject connected to Eire would have the right of abode – am I correct that it would only be by virtue of s 2(1)(d) of the 1971 Act, and that 2(1)(a)–(c) do not apply?

I believe that your logic is indeed correct.

As seen above, a British subject (without citizenship) was a pre-1948 British subject who did not gain CUKC status in 1949. Sections 2(1)(a)-(c) of the Immigration Act 1971 (as enacted) applied specifically to CUKCs and therefore British subjects without citizenship would have been excluded from their operation.

Therefore, for a British subject without citizenship to acquire RoA, they would need to qualify under Section 2(1)(d) of the Immigration Act 1971.

[andrewyong]

To the OP: Can I confirm that your query is about a person who does meet the criteria listed above?

I'm asking because I've read various articles that suggest that a British subject might have had the right of abode by birth in the UK (inc Ireland before 1922), as well as by descent (see below). But I can't see anything in the 1971 Act that would support that assertion.

See [https://www.statelessness.eu/updates/bl ... nd-ireland]:

Irish British subjects may also have the right of abode in the UK by separate provision in section 2 of the Immigration Act 1971. That is to say they may have the right to live and work in the UK free of immigration restriction just as British citizens do. Indeed it is likely that Irish British subjects will have such a right, as the right of abode may be acquired, for example, by birth or adoption in the UK, or birth or lawful adoption to a parent so born. For this purpose the UK includes prior to 31 March 1922 (the date the Irish Free State (Agreement) Act 1922 came into force in the UK) all of Ireland, that is to say it includes the territory now belonging to the Republic of Ireland. So for an Irish British subject born prior to 1949, he or she would have the UK right of abode if he or she, or a parent was UK-born (with the UK so defined).

Therefore, for a British subject without citizenship to acquire RoA, they would need to qualify under Section 2(1)(d) of the Immigration Act 1971.

Thanks. This is my conclusion as well.