Before the
British Nationality Act 1981, colonies of the British Empire were known as
Crown colonies (although those with internal representative government were distinguished as
self-governing colonies) of which there were a large number. Many of these became independent or parts of other countries before the new status was introduced. All natural-born
British subjects previously held the unrestricted right of
free movement in any part of the
British Empire. (Originally the status of
subject implied fealty or duties to
the Crown without any inherent rights, but at the time of the Act's passing this term had already long been archaic as the Crown's
subjects had steadily accrued citizenship rights with the formation of the Parliament of England, with its House of Commons and House of Lords.) By 1981, the status of
British Subject had already become interchangeable in meaning with
British citizen and
British national. As different areas of the empire were delegated legislative power from London, these territories gradually enacted their own laws governing entry and residence rights. However, these local laws did not affect British subjects' rights under UK domestic law, most particularly the right-of-abode in the United Kingdom of Great Britain and Northern Ireland, which were not subject to the locality the citizen was born or resided in, or the degree of local autonomy within that region. Several of the largest self-governing colonies achieved
Dominion status (starting with
Canadian Confederation in 1867), placing their governments on an equal footing to, but retaining links with, that of the United Kingdom. (The dominions collectively were the
Commonwealth referred to in the phrase
the British Empire and Commonwealth.) Following the Second World War, all of the dominions and many colonies quickly chose complete political independence. Together with the United Kingdom (including its remaining colonies) all these territories formed a new
Commonwealth of Nations (usually abbreviated to just "Commonwealth"). While each Commonwealth nation distinguished its own citizens, with the British Government's
British Nationality Act 1948 categorising subjects from the United Kingdom and its remaining overseas territories as
Citizens of the United Kingdom and Colonies (CUKCs),
British subject was retained as an umbrella nationality encompassing all Commonwealth citizens, including CUKCs, so that those "belonging" to one territory would not be considered
aliens in another. Although colonies that had not become independent
Dominions remained under British sovereignty, they also had an accepted right to determine local immigration policy. All CUKCs initially retained the right to enter and live in the UK. Immigration from the
former colonies of the
Commonwealth was restricted by the
Commonwealth Immigrants Act 1962. Citizens of the new Commonwealth countries who had a qualifying link to the United Kingdom (who had been born in the United Kingdom, or who had a father or grandfather born in the United Kingdom) retained CUKC, becoming dual-nationals. The
Commonwealth Immigrants Act 1968 removed the rights of free entry, work, and abode in the United Kingdom from those British Subjects who were not born in, or possessed of a qualifying connection to, the United Kingdom. This applied not only CUKCs from Commonwealth countries, but also to those Citizens of the United Kingdom and Colonies in the remaining colonies. The
Immigration Act 1971 introduced the concept of
patriality, by which only British subjects (i.e. CUKCs and Commonwealth citizens) with sufficiently strong links to the
British Islands (e.g. being born in the islands or having a parent or a grandparent who was born there) had
right of abode, meaning they were exempt from immigration control and had the right to enter, live and work in the islands. The act, therefore, had
de facto created two types of CUKCs: those with right of abode in the UK, and those without right of abode in the UK (who might or might not have right of abode in a Crown colony or another country). Despite differences in immigration status being created, there was no
de jure difference between the two in a nationality context, as the 1948 Act still specified one tier of citizenship throughout the UK and its colonies. This changed in 1983, when the 1948 Act was replaced by a multi-tier nationality system. The current principal British nationality law in force, since 1 January 1983, is the
British Nationality Act 1981, which established the system of multiple categories of British nationality. To date, six tiers were created:
British citizens,
British Overseas Territories citizens,
British Overseas citizens,
British Nationals (Overseas),
British subjects, and
British protected persons. Only British citizens and certain Commonwealth citizens have the automatic right of abode in the UK, with the latter holding residual rights they had prior to 1983.
Bermuda The introduction of patriality for the colonial CUKCs in 1968 and 1971, and the change of their citizenships in 1983, removed the rights granted them irrevocably by
royal charters at the founding of the colonies.
Bermuda (fully
The Somers Isles or Islands of Bermuda), by example, had been officially settled by the
London Company (which had been in occupation of the archipelago since the 1609 wreck of the
Sea Venture) in 1612 (with a Lieutenant-Governor and sixty settlers joining the three Sea Venture survivors left there in 1610), when it received its Third Royal Charter from
King James I, amending the boundaries of the
First Colony of Virginia far enough across the Atlantic to include Bermuda. The citizenship rights guaranteed to settlers by King James I in the original royal charter of the 10 April 1606, thereby applied to Bermudians: These rights were confirmed in the royal charter granted to the London Company's spin-off, the
Company of the City of London for the Plantacion of The Somers Isles, in 1615 on Bermuda being separated from Virginia: In regards to former CUKCs of
St. Helena,
Lord Beaumont of Whitley stated in the
House of Lords debate on the British Overseas Territories Bill on 10 July 2001: After passage of the
British Nationality Act 1981, CUKCs were reclassified into different nationality groups based on their ancestry and birthplace: CUKCs with right of abode in the United Kingdom or who were closely connected with the UK, the
Channel Islands, the
Isle of Man,
Gibraltar, or the
Falkland Islands became
British Citizens while those connected with any other remaining colony became
British Dependent Territories Citizens (BDTCs). Conversely, CUKCs did not have automatic right of abode in the colonies. Right of abode in the territories is dependent on possession of
belonger status, regardless of which type of British citizenship is possessed. Aside from different categories of a citizenship, the 1981 Act also ceased to recognise Commonwealth citizens as British subjects. The results of the Acts of 1968, 1971, and 1981 were the cause of much anger underlying these changes. Observing that Gibraltar and the Falkland Islands retained full British Citizenship caused particular anger. Bermuda, which had absorbed considerable immigration from the United Kingdom since the 1940s despite having its own immigration controls (of the 71,176 persons estimated to reside in Bermuda in 2018, 30% were not born in Bermuda, of which those born in the United Kingdom are the largest demographic group). As this immigration has been sustained for decades (the 1950 census showed 2,718 residents who had been born in the United Kingdom, out of a population of about 30,000), a substantial portion of the 70% who were born in Bermuda have parents or grandparents born in the United Kingdom. The majority of Bermudians who retained right of abode in the United Kingdom after 1 January 1983 were, however, white (with whites making up a third of the population). Very few black Bermudians retained right of abode in the United Kingdom through a forebear born in the United Kingdom. Although after the 1 January 1983 any BDTC who legally resided in the United Kingdom for five years (generally with a student's visa or a work permit) was entitled to have
leave to remain entered into his or her passport, this was an avenue that few black Bermudians could utilise, as not many could afford to study in the United Kingdom, and fewer still were able to obtain a work permit.
Debate over full citizenship rights At the time of nationality reclassification in 1983, the largest group of BDTCs (2.5 million people) was associated with
Hong Kong. The British government was unwilling to grant full citizenship and immigration rights to Hongkongers, fearing a mass migration to the UK after the
transfer of sovereignty to China in 1997.
British Indian Ocean Territory Following the Chagos Archipelago handover agreement, the British government is also due to introduce legislation to implement the agreement, including amending the British Nationality Act 1981 to reflect that the British Indian Ocean Territory is no longer an overseas territory following Parliament's ratification of the treaty.
Restoration of citizenship Almost five years after Hong Kong was transferred to China, Parliament restored access to full British citizenship and right of abode in the United Kingdom to virtually all British Dependent Territories citizens. The sole exception to this was for those living in
Akrotiri and Dhekelia, which were excluded due to their status as military bases as specified in the
treaty establishing Cyprus. Any person who was a BDTC before 21 May 2002 automatically became a British citizen on that date, and children born after that date to BDTCs also automatically acquire full citizenship. Additionally, the Act renamed the status British Overseas Territories citizenship, mirroring the name change for the territories themselves as well. == Acquisition and loss ==