Entitlement to British Passport

Crania

My father was born in 1940 in what was then known as Éire in the UK or as Ireland under the 1937 Irish Constitution (up until 1937, it was known as the Irish Free State). The British Government at the time considered people born before 1949 (the establishment of the Republic of Ireland) as 'British subjects'. Under the British Nationality Act of 1981, section 31 retained the facility for those born in the Republic of Ireland before 1949 to register as 'British subjects'.

My question is, whether I, as the son of a 'British subject', would be entitled to apply for a British passport?

Thank you.

Pkiernan

Have a look here - it's not a straightforward answer really.

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/registration/

My understanding is that your mother would have to be British, and that your father's citizenship will not necessarily entitle you to British citizenship.

The British Embassy in Dublin state that they do not determine who is eligible for citizenship, and that you should make enquiries either here:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/

or here:

http://www.direct.gov.uk/en/TravelAndTransport/Passports/WhoiseligibleforaBritishpassport/index.htm

dermot_sheehan

As far as I know the only forms of British Nationality which can be passed from one generation to another are: British Citizenship and British Overseas Territory Citizenship.

British Subject status, British Nationality (Overseas) and British Protected Person status can not be passed by descent.

coylemj

Crania wrote: »

My question is, whether I, as the son of a 'British subject', would be entitled to apply for a British passport?

Probably not because if you could then everyone living in India and Pakistan whose father or mother was born before 1947 (when India and Pakistan gained independence) would be entitled to a British passport which clearly is not the case.

When we declared ourselves a Republic, the UK granted the citizens of the 26 counties the right to travel freely to the UK and to vote in UK elections but this did not extend to full British citizenship to anyone born in the 26 counties after we became a republic.

Anyone born anywhere on the island of Ireland before 1948 is entitled to a British passport.