Commonwealth citizen
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Ireland Act 1949 |
A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations.
In British nationality law, a Commonwealth citizen is a person who is either a British citizen, British Overseas Territories citizen, British Overseas citizen, British subject, British National (Overseas) or a national of a country listed in Schedule 3 of the British Nationality Act 1981. Note that British protected persons are not Commonwealth citizens. The list of countries in Schedule 3 at any time may not accurately reflect the countries actually within the Commonwealth at that time. For example, when Fiji left the Commonwealth in 1987 and 1990, its name was not removed from Schedule 3. This may have happened because the British Government at the time wished to avoid the consequences of Fijian citizens in the United Kingdom suddenly losing the benefits of Commonwealth citizenship.
Most other Commonwealth countries have provisions within their own law defining who is and who is not a Commonwealth citizen. Each country is free to determine what special rights, if any, are accorded to non-nationals who are Commonwealth citizens. In general, citizens of the Republic of Ireland and British protected persons, although not Commonwealth citizens, are accorded the same rights and privileges as Commonwealth citizens.
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[edit] Rights and disabilities in the United Kingdom
In the United Kingdom, as in many other Commonwealth countries, Commonwealth citizens (together with Irish citizens and British protected persons) are in law considered not to be "foreign" or "aliens", although British protected persons do not have all the civic rights that are enjoyed by Commonwealth and Irish citizens. Commonwealth and Irish citizens enjoy the same civic rights as British citizens, namely:
- the right, unless otherwise disqualified, to vote in all elections (i.e., parliamentary, local and European [1] elections);
- the right, unless otherwise disqualified, to stand for election to the British House of Commons;
- the right, if a qualifying peer or bishop, to sit in the House of Lords; and
- eligibility to hold public office (e.g., as a judge, magistrate, minister, police constable, member of the armed forces, etc.).
The disabilities of Commonwealth citizens who are not British citizens are few, but in the case of immigration control, very important. Commonwealth citizens (including British nationals who are not British citizens) who do not have the right of abode are subject to immigration control, including control on the right to work and carry out business. In addition, Commonwealth citizens who are not British citizens may not be engaged in certain sensitive occupations, e.g., in the Foreign and Commonwealth Office, in the intelligence services, and some positions within the armed forces.
Nevertheless, under the United Kingdom's immigration arrangements Commonwealth citizens enjoy certain advantages:
- Commonwealth citizens born before 1 January 1983 may by virtue of having a parent born in the United Kingdom and Islands have the right of abode therein - such persons are exempt from all immigration control;
- Commonwealth citizens with a grandparent born in the United Kingdom and Islands may be admitted for up to five years on this basis, and thereafter be granted indefinite leave to remain;
- Commonwealth citizens between the ages of 18 and 30 may be admitted for a "working holiday" for up to two years but may only work for one year;
- Commonwealth citizens, unlike other non-European Economic Area nationals, may not be required to register with the police while living in the United Kingdom.
[edit] Rights and privileges throughout the Commonwealth
Although the rights and privileges (if any) for non-national Commonwealth citizens differ from country to country, generally these privileges include:
- Visa-free entry into some countries by citizens of other Commonwealth countries (when arriving as tourists).
- Certain political rights for resident citizens of other Commonwealth countries, e.g. the right to vote in local and national elections and in some cases even to stand for election. These rights are mainly accorded in the United Kingdom and many Commonwealth Caribbean countries. In Australia, some states allow Commonwealth citizens who are permanent residents to vote in State and local government elections while Commonwealth citizens who were enrolled to vote on or before 25 January 1984 are entitled to retain voting rights in federal, state and local elections.
- The right to work in any position (including the civil service) in some instances, except for certain specific positions (e.g. defence, Governor-General or President, Prime Minister).
- Eligibility for the Commonwealth Scholarship.
Many Commonwealth countries continue to allow Commonwealth citizens from other countries to become nationals/local citizens by registration rather than naturalisation, upon preferential terms, e.g. with a shorter required period of residency, although this practice has been discontinued in some countries such as New Zealand and Malta.
A few Commonwealth countries allow Commonwealth citizens voting and eligibility rights at all levels, either with or without specific restrictions not applying to local citizens: Antigua and Barbuda, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Malawi (all foreign residents, not only Commonwealth citizens), Mauritius, Namibia (all foreign residents, not only Commonwealth citizens), New Zealand (all foreign residents, before 1975 only Commonwealth citizens), Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines/. For further information, see Right of foreigners to vote.
[edit] Consular assistance
In foreign (i.e. non-Commonwealth) countries, the United Kingdom embassy or consulate is traditionally responsible for Commonwealth citizens whose governments are not represented in the country concerned. A few Commonwealth governments have made alternative arrangements to share the burden, e.g. under a reciprocal agreement Canada and Australia are responsible for each other's citizens,[2] and the British embassy is only responsible for Canadian and Australian citizens if neither country is represented. In return, there are a few Australian consulates that are responsible for British nationals because there is no British consulate there. A few Commonwealth governments, namely Singapore and Tanzania, have opted not to receive consular assistance from the United Kingdom.
In other Commonwealth countries, United Kingdom high commissions accept no responsibility for unrepresented Commonwealth citizens, who should look to the host Commonwealth government for quasi-consular assistance. Canadian and Australian citizens are able to seek consular assistance from each other's high commissions.
[edit] Commonwealth citizen travel documents
When a United Kingdom embassy or consulate in a foreign country is required to provide a replacement passport to a Commonwealth citizen whose government is unrepresented in that country, it will issue a British passport with the nationality of the holder marked as "Commonwealth citizen".[3]
Many other Commonwealth governments also issue travel documents to Commonwealth citizens resident in their countries who are unable to obtain national passports.[4]
[edit] References
- ^ Judgments of the Court in Cases C-145/04 and C-300/04 - Kingdom of Spain v United Kingdom of Great Britain and Northern Ireland. The Court of Justice of the European Communities (September 12, 2006). Retrieved on 2007-12-18.
- ^ Canada-Australia Consular Services Sharing Agreement, Government of Canada, <http://www.voyage.gc.ca/main/legal/can-aus-en.asp>. Retrieved on 2007-12-14
- ^ “Immigration Directorates' Instructions”, Chapter 22 - Passports and Travel Documents, UK Home Office, <http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idichapter22/section2.pdf?view=Binary>. Retrieved on 2008-03-28
- ^ Entry Clearance Guidance, UK Government, September 26, 2007, <http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1037022858215>. Retrieved on 2007-12-14
