British Nationality Act 1948
As a result of the British Nationality Act 1948, Irish citizens ("citizens of Eire") lost British-subject status automatically on 1 January 1949 if they did not acquire citizenship of Britain & Colonies or that of another Commonwealth country, notwithstanding that Ireland did not cease to be one of His Majesty's dominions until 18 April 1949.
However, section 2 of the Act allowed certain Irish citizens who were British subjects before 1949 to apply at any time to the Secretary of State to remain British subjects.
Applications had to be based on:
- previous Crown service under the United Kingdom government;
- possession of a British passport; or
- associations by way of descent, residence or otherwise with the United Kingdom or any Crown colony, protectorate, British mandated territory or British trust territory.
No provision was made for the retention of British nationality by Irish citizens born in the Republic of Ireland after 1948. British subject status, as distinct from citizenship of the UK & Colonies, was not transmissible by descent.
For the purpose of the 1948 legislation, the United Kingdom was defined based on its post-1922 borders. Hence, birth in the Republic of Ireland before 1922 was not sufficient in itself to confer UK & Colonies citizenship. Persons born in the Republic of Ireland before 1949 became Citizens of the UK & Colonies by descent in British law on 1 January 1949 if they had a father born in the United Kingdom or a place which was a colony at that date (provided father was married to the person's mother).
In common with those from the Commonwealth, Irish citizens resident in the United Kingdom, whether they held British subject status or not, were entitled to apply for registration as a citizen of the UK & Colonies after one year's residence. By the 1970s this time period had increased to five years.
Ireland Act 1949
The United Kingdom's Ireland Act 1949 came into force on 18 April 1949 and recognised the end of the Irish state's status as a British dominion, which had been effected under the Irish parliament's Republic of Ireland Act 1948 which was brought into force in 1949. The 1949 Act provided that "citizens of the Republic of Ireland" (the new British nomenclature adopted under the Act) would continue to be treated on a par with those from Commonwealth countries and would not be treated as aliens in the United Kingdom.
Section 5 of the 1949 Act conferred Citizenship of the UK and Colonies (CUKC) on any Irish-born person meeting all the following criteria:
- was born before 6 December 1922 in what became the Republic of Ireland;
- was domiciled outside the Republic of Ireland on 6 December 1922;
- was ordinarily resident outside the Republic of Ireland from 1935 to 1948; and
- was not registered as an Irish citizen under Irish legislation.
British Nationality Act 1981
The British Nationality Act 1981, in force from 1 January 1983:
- retained the facility for those born in the Republic of Ireland before 1949 to register as British subjects (section 31)
- provided that Irish citizens, in common with those from the Commonwealth, would be required to apply for naturalisation as British citizens rather than registration after five years residence in the UK (or three years if married, or in a Civil Partnership to a British citizen).
British subjects retained the right to apply for registration as a British citizen after 5 years residence in the UK.
Access to British citizenship for Irish citizens
As a result of the above, there is generally no special access to British citizenship for Irish citizens. The facility for those born before 1949 to claim British subject status does not confer British citizenship, although it gives an entitlement to registration as such after 5 years in the UK.
Irish citizens seeking to become British citizens are usually required to live in the UK and become naturalised after meeting the normal residence and other requirements, unless they can claim British citizenship by descent from a UK born or naturalised parent. An Irish citizen who naturalises as a British citizen does not automatically lose their Irish citizenship.
Naturalisation as a British citizen is a discretionary power of the Secretary of State for the Home Department but will generally not be refused if the requirements are met.
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