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Commonwealth citizen


In general, a Commonwealth citizen is a person who has that status under British nationality law and may enjoy some privileges in the United Kingdom and less commonly, other Commonwealth countries. Each country can determine what special rights, if any, are accorded to non-nationals who are Commonwealth citizens. The term is largely confined to British nationality law and is not used in many other Commonwealth countries such as Australia.

In British nationality law, a Commonwealth citizen is a person who is either a British citizen, British Overseas Territories citizen, British Overseas citizen, British subject, British National (Overseas) or a national of a country listed in Schedule 3 of the British Nationality Act 1981 (see below). Under the law, British protected persons are not Commonwealth citizens. The list of countries in Schedule 3 at any time may not accurately reflect the countries actually within the Commonwealth at that time. For example, when Fiji left the Commonwealth in 1987 and 1990, its name was not removed from Schedule 3. This may have happened because the British Government at the time wished to avoid the consequences of Fijian citizens in the United Kingdom suddenly losing the benefits of Commonwealth citizenship.

In the United Kingdom, Commonwealth citizens (together with Irish citizens and British protected persons) are in law considered not to be "foreign" or "aliens", although British protected persons do not have all the civic rights that are enjoyed by Commonwealth and Irish citizens. This reasoning has not carried over to other Commonwealth countries – for example, in the High Court of Australia case of Sue v Hill, other Commonwealth countries were held to be foreign powers, while in Nolan v Minister for Immigration and Ethnic Affairs, the nationals of other Commonwealth realms were held to be 'aliens'. In the United Kingdom, Commonwealth and Irish citizens enjoy the same civic rights as British citizens, namely:


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