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British subjects with sufficiently strong links to the British Islands (i.e.

the United Kingdom, the Channel Islands and the Isle of Man) had right of abode, the right to live and work in the United Kingdom and Islands Only British citizenship includes the automatic right of abode in the United Kingdom.

In Britain we are both citizens and subjects. We all, as citizens, have access to the same rights. We all are protected by the same laws. We are also still subjects. Not to monarchical power but to the law of the land. In theory, citizens have to accept that they have obligations under the law of the land. A failure to respect these obligations, must question that person's acceptance of the widely accepted view of citizenship. A good citizen obeys the law pays taxes respects those who have been handed authority by the people. When Britain felt threatened as a nation from 1939 to 1945 and during the 1950's (the Cold War), people were obligated to serve their nation to protect it from aggressors. This would be an obligation but one many felt that they had to do.
In addition to these rights, as a British citizen you have political, legal and human rights. Political rights include the right to vote, the right to stand for election and the right to peaceful protest. Legal rights include the right to a fair trial, the right to be represented in court and the right to be assumed innocent until proven guilty. Human rights include the right to life, the right to education and the right to freedom from discrimination. You will also have rights in other aspects of your life as

44 The rights and liberties of a British citizen


British citizens have the following basic rights and freedoms.

They have freedom of:


movement conscience in matters of religion and politics 44 expression 44 association, including the right to protest peacefully 44 freedom from arbitrary arrest or unjustified police searches.
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Social freedoms include the right to:


marry, divorce, procure abortions or have homosexual relations vote and to stand for election 44 a fair trial 44 own propert
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and the right not to:


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be coerced or tortured by agents of the state be subjected to surveillance without due legal process.

freedom of movement; freedom from arbitrary arrest or unjustified police searches; freedom of conscience in matters of religion and politics; freedom of expression; freedom of association, including the right to protest peacefully; social freedoms - such as the right to marry, divorce, procure abortions or have homosexual relations; the right to vote and to stand for election; the right to a fair trial; the right not to be coerced or tortured by agents of the state; the right not to be subjected to surveillance without due legal process; the right to own property.

Only British citizens, and certain British subjects with right of abode through qualifying connections under the Immigration Act 1971, have the right to live and work in the UK. People holding one of the other forms of nationality may live and work in the UK if their immigration status allows it. British nationality is defined in law. Whether a person has a claim to British nationality can be determined by applying the definitions and requirements of the British Nationality Act 1981 and related legislation to the facts of their date and place of birth and descent. The most acceptable evidence of British citizenship is a British passport. For advice on the documents needed for passport applications in the UK, your should read the guidance booklet supplied with passport application forms, visit the Identity and Passport Service website or phone . If you believe that you have a claim to British nationality but you cannot apply for a British passport because you do not have the documents needed, you may apply for a nationality status certificate.

If you were born in the UK before 1 January 1983


If you were born in the UK before 1 January 1983, you are almost certainly a British citizen. The only exception is if you were born to certain diplomatic staff of foreign missions who had diplomatic immunity.

If you were born in the UK on or after 1 January 1983


If you were born in the UK on or after 1 January 1983, you are a British citizen if at the time of your birth one of your parents was:

a British citizen; or legally settled in the UK.

If you were born in a qualifying territory on or after 21 May 2002 If you were born in a qualifying territory, you are a British citizen if either your father or mother is a British citizen. If neither parent is a British citizen, you will still be a British citizen if either your mother or your father was legally settled in either the United Kingdom or that particular territory at the time of your birth.

If your parents are citizens of the European Economic Area (EEA) If you were born in the UK on or after 1 January 1983 but before 2 October 2000, you are a British citizen if, at the time of your birth, either of your parents was an EEA citizen who was exercising Treaty rights under European Community (EC) law. This is because your parent's stay is regarded as having been free of a time limit under immigration laws. Since 2 October 2000, EEA citizens who have a conditional right of residence in the UK (such as workers and businesspeople) are not automatically regarded as free of a time limit under the immigration laws. Between 2 October 2000 and 29 April 2006, EEA citizens would not be regarded as free of time limit under immigration laws until they had obtained indefinite leave to remain in the UK. If you were born in the United Kingdom between 2 October 2000 and 29 April 2006 to parents who were EEA citizens, you will not be a British citizen unless one of your parents had been given indefinite leave to remain before the date of your birth. However, you may be able to register as a British citizen if one of your parents later gets indefinite leave to remain (see Registering your child as a British citizen or subject). Since 30 April 2006, EEA citizens are automatically considered free of a time limit under the Immigration Rules after they have exercised their Treaty rights for any continuous 5-year period. After 5 years, they automatically receive permanent residence status. They no longer need to apply for indefinite leave to remain. If you were born in the UK between on or after 30 April 2006 to parents who were EEA citizens, you are not a British citizen unless one of your parents had permanent residence status before the date of your birth. However, you may be able to register as a British citizen if one of your parents later gets indefinite leave to remain (see Registering your child as a British citizen or subject). If you were born in the UK on or after 2 October 2000 to EEA citizens who had an unconditional right of residence under EC law, you are a British citizen. People with unconditional right of residence include those who are retired or who cannot work because of illness or disability. If your parents are family members of EEA citizens If your parents are family members of an EEA citizen who was exercising Treaty rights, they may have been settled in their own right when you were born in the UK. If they were not, you are a British citizen only if the EEA citizen who was exercising Treaty rights was settled at the time of your birth. Swiss citizens Since 1 June 2002, Swiss citizens and their family members have had similar residence rights to EEA citizens, and the information above will also apply to you if you were born in the UK on or after that date to a parent who is a Swiss citizen. Before that date, Swiss citizens are not normally regarded as having been free of immigration time restrictions unless they had indefinite leave to enter or remain in the UK. If you were born in the UK to parents who are not British citizens and are not legally settled here

Even if you were born in the United Kingdom, you will not be a British citizen if neither of your parents was a British citizen or legally settled here at the time of your birth. This means you are not a British citizen if, at the time of your birth, your parents were in the country temporarily, had stayed on without permission, or had entered the country illegally and had not been given permission to stay here indefinitely.
SEE ALSO

Registering a child
TERMS EXPLAINED

Legally settled

CloseParent CloseQualifying territory CloseSettled CloseUnited Kingdom CloseAll glossary terms

Legal rights, in contrast, are based on a society's customs, laws, statutes or actions by legislatures. An example of a legal right is the right to vote of citizens. Citizenship, itself, is often considered as the basis for having legal rights, and has been defined as the "right to have rights". Legal rights are sometimes called civil rights or statutory rights and are culturally and politically relative since they depend on a specific societal context to have meaning.

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