Nationality and Naturalization

In Carlebacli's Case, 1915, 3 K.B. 716, it was held that under the act of 1870 a naturalized British subject could not transmit his nationality to his children born abroad, who consequently became aliens. Now by the act of 1914 such children born abroad after Jan. 1, 1915, are deemed to be natural-born subjects. And by iii. and iv. of para. (b) of subsect. ( 1) the provisions of the common law are enlarged and the children of a father wherever born who, at the time of their birth, had become a British subject by reason of any annexation of territory, or who was in the service of the Crown, are deemed to be natural-born British subjects. It is the better opinion that the inhabitants of a conquered territory do not cease to be the subjects of their former sovereign by annexation accomplished during the war. A complete title can only be acquired either through the cessation of hostili ties or by a treaty of peace. Nevertheless this distinction was not observed or even mentioned by the Judicial Committee of the Privy Council in Gout v. Cimitian, 1922, A.C. 105.

(d) "Any person born on board a British ship whether on the high seas or in foreign territorial waters is a British subject." The term "British ship" includes vessels of the royal navy and of the navies of the dominions, and vessels as defined by s. 1 of the Merchant Shipping Act 1894, viz., vessels owned wholly by natural-born British subjects, by naturalized British subjects, by British denizens, and by corporations established under and subject to the laws of some parts of His Majesty's dominions and having their principal place of business in those dominions.

It should be noted that the act is not retrospective, except as otherwise expressly provided. Consequently the old law applies to those born prior to Jan. 1, 1915.

Naturalization

is the act of investing an alien with the status of a national in a given State. Aliens may still acquire Brit ish nationality by a private act of parliament or may become denizens by grant of letters of denization by the Crown. The for mer process is extremely rare. When the late Lord Reay suc ceeded to a Scottish peerage in 1877 he was naturalized by act of parliament. The latter although preserved by s. 25 of the act of 1914 is likely to fall into disuse owing to the disqualifications which still attach to denizens. By s. 2 of the act an alien may obtain a certificate of naturalization from the secretary of State provided he has resided in His Majesty's dominions for not less than five years or been in the service of the Crown for not less than five years within the last eight years, is of good character and has an adequate knowledge of the English language and intends to reside in His Majesty's dominions or to continue in the service of the Crown. He must have resided in Great Britain for

at least one year immediately preceding his application. The grant of such certificate lies in the absolute discretion of the secretary of State and the certificate does not take effect until the applicant has taken the oath of allegiance. A person to whom a certificate is granted is entitled to all political and other rights, powers and privileges and is subject to all obligations, duties and liabilities as a natural-born British subject and to all intents and purposes enjoys the status of a natural-born British subject (s. 3 [i]). By the Act of Settlement 1700, naturalized persons and denizens could not be privy councillors, or members of either House of Parliament, or enjoy any office or place of trust, civil or military, or take any grant of lands from the Crown. Quoad naturalized aliens these disqualifications were abolished (s. 3 [2] ; see Rex v.

Speyer, 1916, 2 K.B. 858). The secretary of State may also grant a special certificate of naturalization to any person with respect to whose nationality a doubt exists (s. 4) ; and may include in a certificate the name of any infant born before the date of such certificate and such child may within one year of obtaining his majority make a declaration of alienage and thereupon cease to be a British subject (s. 5). A certificate of naturalization may be revoked by the secretary of State if it has been obtained by false representation or fraud or by concealment of material circum stances, or if the person to whom the certificate is granted has shown himself to be disaffected or disloyal, or by reason of other specified grounds (s. 7). The wife and children may be included in this revocation, but if not they remain British subjects. The wife may, however, make a declaration of alienage for herself and her infants (s. 7, A).

By complying with the provisions contained in* the act, the Government of any British possession may invest aliens resid ing in its territory with the status of a natural-born British sub ject. All the six self-governing "Dominions," which were ex empted from the operations of the act, have now adopted it. So far only Australia, Canada and Newfoundland have availed them selves of this power. Where a possession has not done so, a per son naturalized by the Government of such possession is not a British subject in Great Britain (s. 8; see Rex v. Francis, ex p. Markwald, 1918, 1 K.B. 617; Markwald v. Att. Gen. 192o, I Ch. 348). Naturalization by a certificate granted in Great Britain has no effect within the Dominions unless through the legislatures they have adopted Part II of the act.