Opinion Number. 170

Subject

BRITISH SUBJECT WHETHER INCLUDES PERSON OF BRITISH DESCENT BORN IN FOREIGN COUNTRY

Key Legislation

NATURALIZATION ACT 1903, s. 3 : THE BRITISH NATIONALITY ACT 1730 (IMP.) . THE BRITISH NATIONALITY ACT 1772 (IMP.)

Date
Client
The Secretary, Department of External Affairs

The Secretary, Department of External Affairs:

The Secretary, Department of External Affairs, asks to be advised whether a person born in the United States of America, of British parents who married in America, is a natural-born British subject within the meaning of section 3 of the Naturalization Act 1903.

If either his father or his paternal grandfather was a British subject born within the British dominions, he is deemed to be a natural-born British subject by statute-whatever the place of his birth or of the marriage of his parents. See 4 Geo. II c. 21(1); 13 Geo. Ill c. 21(2); Anson, Law of the Constitution, Vol. II, p. 71.

If neither his father nor his paternal grandfather was born within the British dominions, he is not a British subject.

[Vol. 4, p. 138]

(1) The British Nationality Act 1730 (Imp.).

(2) The British Nationality Act 1772 (Imp.).