|Commonwealth of Nations (History)|
|Issues, rights, and visas|
A Commonwealth citizen is a national or citizen of any member state of the Commonwealth of Nations. In some member countries, citizens from other Commonwealth states are entitled to certain rights, including eligibility to vote in elections and serve in government positions. This status is most significant in the United Kingdom, and carries little or no privileges in many other Commonwealth countries.
Commonwealth citizenship was created out of a gradual transition from an earlier form of British nationality. Before 1949, all citizens of the British Empire were British subjects and owed allegiance to the Crown. Although the Dominions (Australia, Canada, Ireland, Newfoundland, New Zealand, and South Africa) created their own nationality laws following the First World War, they mutually maintained British subjecthood as a common nationality with the United Kingdom and its colonies. However, divergence in Dominion legislation and growing assertions of independence from London culminated in the creation of Canadian citizenship in 1946 and its separation from British subject status. Combined with the impending independence of India and Pakistan in 1947, nationality law reform was necessary at that point.
The British Nationality Act 1948 redefined British subject as any citizen of the United Kingdom, its colonies, or other Commonwealth countries. Commonwealth citizen was also defined in this Act to have the same meaning. This change in naming indicated a shift in the base theory of British nationality, that allegiance to the Crown was no longer a requirement to hold British subject status. The change was also necessary to retain a number of newly independent countries that wished to become republics rather than retain the monarch as head of state. The common status of Commonwealth citizenship would instead be maintained voluntarily by the various members of the Commonwealth.
At first, all Commonwealth citizens held the automatic right to settle in the United Kingdom. This was first restricted by Parliament with the Commonwealth Immigrants Act 1962, which imposed immigration controls on subjects originating from outside the British Islands. The Immigration Act 1971 relaxed controls on patrials, those whose parents or grandparents were born in the United Kingdom, and gave effective preferential treatment to Commonwealth citizens from white-majority countries.
Outside of the United Kingdom, Commonwealth citizens also initially retained in some member states eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. These privileges were removed on independence in most countries but retained in some. British subjects/Commonwealth citizens were eligible to vote in New Zealand until 1975, Canada on the federal level until 1975 (not fully phased out in provinces until 2006), and Australia until 1984 (though subjects on the electoral roll in that year are still eligible).
By the 1980s, most colonies of the British Empire had become independent. Parliament updated nationality law to reflect the more modest geographical boundaries of the United Kingdom and its remaining territories. The British Nationality Act 1981 redefined British subject to no longer also mean Commonwealth citizen. That term now only refers to a limited group of people connected with Ireland and British India born before 1949.
Acquisition and loss
Commonwealth citizenship is acquired by virtue of holding citizenship of any Commonwealth member state. An individual would automatically lose the status if that person is no longer a citizen of any Commonwealth country.
In British law, Commonwealth citizenship is dependent on a list of countries in Schedule 3 of the British Nationality Act 1981. This list is not always the same as the current composition of member states. For example, when the Maldives left the Commonwealth in 2016, it was not removed from that list until the following year. Similarly, although Zimbabwe has not been a part of the Commonwealth since 2003, Zimbabwean citizens retain Commonwealth citizenship because the country remains on Schedule 3.
Most classes of British nationals other than British citizens are considered Commonwealth citizens. British Overseas Territories citizens, British Overseas citizens, British subjects, and British Nationals (Overseas) all have this additional status. However, British protected persons do not. Furthermore, non-citizen nationals of other Commonwealth countries (such as Overseas Citizens of India) are not considered Commonwealth citizens in British law.
Rights and privileges
Many Commonwealth countries do not treat citizens from other member states as foreign nationals. The rights that Commonwealth citizens are entitled to differ depending on country. Each member state has separate legislation specifying what, if any, rights they are afforded.
Commonwealth citizens may register to vote after fulfilling residence requirements in 15 countries, all three Crown dependencies of the United Kingdom, and Gibraltar. In Australia, Bermuda, and the Cayman Islands, they no longer have the right to register as electors, but voters who were already registered before that right was ended may continue to participate in elections. In Jamaica, Saint Lucia, Saint Vincent and the Grenadines, and the United Kingdom, Commonwealth citizens are also eligible to serve in one or both houses of the national legislature.
All Commonwealth citizens may receive consular assistance from British embassies and consulates in foreign non-Commonwealth nations where their home countries have not established diplomatic or consular posts. They are eligible to apply for British emergency passports, if their travel documents have been lost or stolen and permission has been given by their national governments. In some member states, they may also be issued non-passport travel documents when they are unable to present their national passports. For example, Australia issues Documents of Identity to resident Commonwealth citizens who are unable to obtain valid travel documents from their countries of origin and must travel urgently.
When residing in the United Kingdom, Commonwealth citizens are generally exempt from registering with local police, may be employed in non-reserved Civil Service posts, and are eligible to enlist in the British Armed Forces.
Right to vote
The following jurisdictions allow citizens of other Commonwealth countries to vote:
Access to voting in these countries is open to all resident foreign nationals and not exclusive to Commonwealth citizens:
- Karatani 2003, p. 29.
- Historical background information on nationality, p. 10.
- Karatani 2003, pp. 114–115.
- Karatani 2003, pp. 122–126.
- British Nationality Act 1948.
- Karatani 2003, pp. 116–118.
- Weis 1979, p. 17.
- McKay 2008.
- Evans 1972, p. 508.
- Evans 1972, p. 509.
- Paul 1997, p. 181.
- McMillan 2017, p. 31.
- Maas, Willem (July 2015). Access to electoral rights: Canada (PDF) (Report). European University Institute. pp. 13–14. Archived (PDF) from the original on 28 July 2018. Retrieved 5 April 2019.
- Chappell, Chesterman & Hill 2009, p. 98.
- Paul 1997, pp. 182–183.
- British Nationality Act 1981.
- "Guide B(OTA): Registration as a British citizen" (PDF). Home Office. March 2019. Archived (PDF) from the original on 28 March 2019. Retrieved 29 March 2019.
- Karatani 2003, p. 30.
- "Maldives leaves Commonwealth amid democracy row". BBC News. 13 October 2016. Archived from the original on 2 May 2019. Retrieved 18 May 2019.
- The British Nationality (Maldives) Order 2017.
- White, Michael (8 December 2003). "Mugabe quits Commonwealth". The Guardian. Archived from the original on 18 May 2019. Retrieved 18 May 2019.
- G Musgrave (14 July 2016). "Freedom of Information Request" (PDF). Letter to A Fernandes.
- Belton 2019, p. 97.
- "British Subjects Eligibility". Australian Electoral Commission. Archived from the original on 4 April 2019. Retrieved 19 May 2019.
- "Election Overview". Bermuda: Parliamentary Registry. Retrieved 19 May 2019.
- "Elections Law (2013 Revision)" (PDF). Cayman Islands: Elections Office. Archived (PDF) from the original on 15 February 2017. Retrieved 19 May 2019.
- Belton 2019, pp. 100–101.
- "Support for British nationals abroad: A guide" (PDF). United Kingdom: Foreign and Commonwealth Office. p. 6. Archived (PDF) from the original on 30 March 2019. Retrieved 15 May 2019.
- "The new UK Emergency Passport" (PDF). United Kingdom: Foreign and Commonwealth Office. Retrieved 15 May 2019.
- "Entry Clearance Guidance". UK Government. 26 September 2007. Archived from the original on 27 September 2007. Retrieved 14 December 2007.
- "Travel related documents". Australia: Department of Foreign Affairs and Trade. Archived from the original on 27 March 2019. Retrieved 15 May 2019.
- "UK visas and registering with the police". gov.uk. Government of the United Kingdom. Archived from the original on 1 January 2019. Retrieved 2 April 2019.
- "Civil Service Nationality Rules" (PDF). United Kingdom: Cabinet Office. November 2007. p. 5. Archived (PDF) from the original on 21 August 2018. Retrieved 2 April 2019.
- "Nationality". British Army. Archived from the original on 3 April 2019. Retrieved 2 April 2019.
- "Constitution of Mauritius" (PDF). Mauritius: Electoral Commission. Archived (PDF) from the original on 21 June 2015. Retrieved 20 May 2019.
- Representation of the People Act 1983.
- European Parliament (Representation) Act 2003.
- "Elections & Electoral Roll". States of Guernsey. Archived from the original on 13 November 2018. Retrieved 20 May 2019.
- "Registration of Electors Act 2006". Article 3, Act No. 12 of 12 July 2006 (PDF). Tynwald. p. 6.
- "Public Elections (Jersey) Law 2002". Article 5, Law No. 12 of 2002. States Assembly.
- "Constitution of Malawi" (PDF). Malawi: National Assembly. Retrieved 20 May 2019 – via Constitute Project.
- "Who can and can't enrol?". New Zealand: Electoral Commission. Archived from the original on 8 May 2019. Retrieved 20 May 2019.
- "British Nationality Act 1948", legislation.gov.uk, The National Archives, 1948 c. 56
- "British Nationality Act 1981", legislation.gov.uk, The National Archives, 1981 c. 61
- "European Parliament (Representation) Act 2003", legislation.gov.uk, The National Archives, 2003 c. 7
- "Representation of the People Act 1983: Section 1", legislation.gov.uk, The National Archives, 1983 c. 2 (s. 1)
- "The British Nationality (Maldives) Order 2017", legislation.gov.uk, The National Archives, SI 2017/568
- Belton, Kristy A. (2019). "Muddy waters: citizenship and the right to vote in the Commonwealth Caribbean migratory context". Commonwealth & Comparative Politics. 57 (1): 93–122. doi:10.1080/14662043.2019.1545526.
- Chappell, Louise; Chesterman, John; Hill, Lisa (2009). The Politics of Human Rights in Australia. Cambridge University Press. ISBN 978-0-521-70774-9.
- Evans, J. M. (1972). "Immigration Act 1971". The Modern Law Review. 35 (5): 508–524. doi:10.1111/j.1468-2230.1972.tb02363.x. JSTOR 1094478.
- Historical background information on nationality (PDF) (Report). 1.0. Home Office. 21 July 2017. Retrieved 3 April 2019.
- Karatani, Rieko (2003). Defining British Citizenship: Empire, Commonwealth and Modern Britain. Frank Cass Publishers. ISBN 0-7146-8298-5.
- McKay, James (2008). "The Passage of the 1962 Commonwealth Immigrants Act, a Case-Study of Backbench Power". Observatoire de la société britannique (6): 89–108. doi:10.4000/osb.433.
- McMillan, Kate (2017). "Fairness and the borders around political community". In Hall, David (ed.). Fair Borders?: Migration Policy in the Twenty-First Century. Bridget Williams Books. doi:10.7810/9780947518851.
- Paul, Kathleen (1997). Whitewashing Britain: Race and Citizenship in the Postwar Era. Cornell University Press. ISBN 978-0-8014-8440-7.
- Weis, Paul (1979). Nationality and Statelessness in International Law (2nd ed.). Sijthoff & Noordhoff. ISBN 90-286-0329-8.