Commonwealth Citizen - Rights and Disabilities in The United Kingdom

Rights and Disabilities in The United Kingdom

In the United Kingdom, as in many other Commonwealth countries, 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. Commonwealth and Irish citizens enjoy the same civic rights as British citizens, namely:

• the right, unless otherwise disqualified (e.g. imprisoned), to vote in all elections (i.e., parliamentary, local and European elections) as long as they have registered to vote (they must possess valid leave to enter/remain or not require such leave on the date of their electoral registration application)
• the right, unless otherwise disqualified, to stand for election to the British House of Commons as long as they possess indefinite leave to remain or do not require leave under the Immigration Act 1971 (c. 77) to enter or remain in the UK
• the right, if a qualifying peer or bishop, to sit in the House of Lords
• eligibility to hold public office (e.g., as a judge, magistrate, minister, police constable, member of the armed forces, etc.)

The disabilities of Commonwealth citizens who are not British citizens are few, but in the case of immigration control, very important. Commonwealth citizens (including British nationals who are not British citizens) who do not have the right of abode are subject to immigration control, including control on the right to work and carry out business. In addition, Commonwealth citizens who are not British citizens may not be engaged in certain sensitive occupations, e.g., in the Foreign and Commonwealth Office, in the intelligence services, and some positions within the armed forces.

Nevertheless, under the United Kingdom's immigration arrangements Commonwealth citizens enjoy certain advantages:

• Commonwealth citizens born before 1 January 1983 may by virtue of having a parent born in the United Kingdom and Islands have the right of abode therein – such persons are exempt from all immigration control;
• Commonwealth citizens with a grandparent born in the United Kingdom and Islands may be admitted for up to five years on this basis, and thereafter be granted indefinite leave to remain;
• Commonwealth citizens between the ages of 18 and 30 were eligible to be admitted for a "working holiday" for up to two years. This has since been replaced with the more restrictive Youth Mobility Scheme (now open only to youth of Australia, Canada, Japan, New Zealand, and Monaco);
• Commonwealth citizens, unlike other non-European Economic Area nationals, may not be required to register with the police while living in the United Kingdom.