Nationality & Ireland
When the Irish Free State ceased to be part of the United Kingdom in 1922, they continued to be British citizens under UK law. This was largely based on the basis that the Free State was a dominion within the British Commonwealth. This theory of nationality was not shared by the Irish Free State.
The Free State Constitution declared that every person domiciled in the Irish Free State and coming into operation of the Constitution who was born in Ireland or either of whose parents was born in Ireland or has been ordinarily resident for not less than seven years became a citizen of the Irish Free State within the limits of the jurisdiction of the Irish Free State.
The United Kingdom view is that Free State citizenship only applied internally. Accordingly, persons born before 1922 remained British subjects had positively deprived themselves of that status.
The Nationality and Citizenship Act 1935 (Irish Free State repealed the 1914 British Nationality and Status of Aliens Act as amended.
Irish citizens born in the territory of the whole of Ireland are those who sought to activate a right to the status derived from either parent whether or not resident who had been born in Ireland were Irish citizen.
This followed from changes in the status of dominions following the Statute of Westminster and the 1930 Commonwealth Conference. An Aliens Act was introduced shortly afterwards which defined persons who are not citizens of Saorstát Éireann as aliens. They were excluded, however, from being aliens by exemption which applied to both British citizens, subjects, and peoples of the Commonwealth who retained free movement in Ireland.
Following the enactment of the Canadian Citizenship Act by Canada, the Commonwealth Heads of Government agreed in 1947 that every State except Ireland, which did not participate in the Commonwealth Heads of Government Meeting, would enact its own citizenship law while retaining the common status of British subject.
The British Nationality Act created the status of a citizen of the United Kingdom and Colony. Ireland left the Commonwealth on 18 April 1989 under the Republic of Ireland Act, but provision was made for retention by certain citizens of the Irish citizens of status as British subjects without being citizens of a Commonwealth Member State.
Citizens of Éire lost British subject status automatically on 1 January 1949 if they did not acquire citizenship of the UK and Colonies or that of another Commonwealth country.
The Act, however, allowed Irish citizens who were British subjects before 1949 to apply to the Secretary of State to remain British subjects. Applicants were based on previous Crown service, 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.
The status as a British subject, unlike that of citizenship of the UK and Colonies, does not transmit by descent. The 1948 Act defined the United Kingdom as the United Kingdom of Great Britain and Northern Ireland, excluding the Irish Free State. Accordingly, persons born before 1922 did not become citizens of the UK and the Colonies.
Persons born before 1949 became Citizens of the United Kingdom by descent on 1 January 1949 if they had a father born in the United Kingdom or in a place that was a colony at that date, provided the father was married to the person’s mother.
Irish citizens resident in the UK, whether or not British subjects, could apply for citizenship by registration after one year, which was increased to five in 1971.
The Ireland Act 1949 recognized the Republic of Ireland Act 1948 passed by the Oireachtas. The Ireland Act 1949 was passed to correct an error in the 1948 Act. It had proceeded on the basis that on 6th December 1922, the Irish Free State consisted of 26 counties. Technically, Northern Ireland did not opt out until 7 December 1922. Under Irish legislation, any person domiciled in the Island of Ireland on 6 December 1922 became a citizen of Ireland.
The Ireland Act conferred citizenship of the United Kingdom and Colonies on an Irish person, foreign person who was born before 6 December in the 26 counties but was domiciled outside those counties 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.
The 1949 Act confirmed that the citizens of the Republic of Ireland would be treated in the same way as Commonwealth citizens and would not be treated as aliens.
The British Nationality Act kept the facility by which persons born in the Republic of Ireland before 1949 could register as British subjects. British subjects retained the right to apply for registration as a British citizen after five years of residence.
Irish citizens, in common with Commonwealth citizens, could apply for naturalization rather than registration after five years of residence. This is three years if married or in a civil partnership with a British citizen.
Irish citizens who naturalized as British citizens may retain Irish citizenship.
Under the 1981 Act, anyone born in the United Kingdom whose parent is a British citizen or who is settled in the United Kingdom was automatically a British citizen by birth. Irish citizens are deemed settled in the United Kingdom for this purpose.