Nationality and Naturalization

british, subject and husband

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In one important respect the position of married women has been worsened by the act. Under the act of 1870, the natural born British wife of an alien became the subject of the State of which her husband was a subject. But if he were not a subject of any State, she remained by the common law a British subject. By s. io of the act of 1914, however, the wife of an alien is deemed to be an alien. Consequently if the husband is State less, the wife also is Stateless. It is, however, provided that if the husband ceases to be a British subject, the wife may by declaration retain her British nationality, and if her husband is a subject of a State at war with Great Britain, she may by decla ration resume her British nationality. Upon the death of the hus band or dissolution of the marriage, the wife does not regain her British nationality, but a decree of nullity will revive her Brit ish nationality, since if there were no marriage it had never been lost (s. 1). Where a person ceases to be a British subject his infants also cease to be British subjects, unless they fail to be naturalized in another country. But where a British widow mar

ries an alien her infants by her husband do not cease to be Brit ish subjects. An infant who has so ceased to be a British subject may within one year of attaining his majority by a declaration resume his British nationality (s. 12).

British nationality is lost by foreign naturalization. Until the Naturalization Act 1870, the maxim nemo potest exuere patriam prevailed. By s. 6 of that statute a British subject by voluntary naturalization in a foreign State ceased to be a British subject. But it was subsequently held in R. v. Lynch, 1908, 1 K.B. 444 that this section did not enable a British subject to become naturalized in an enemy State during time of war. The section was substanti ally re-enacted by s. 13 of act of 1914. But it would appear from the decision in Pedlar v. Johnson, 1920, 2 I.R. 45o that a British subject may become naturalized in a neutral State during time of war and engage in acts of hostility against his State of ori gin without sacrificing his rights as a friendly alien.

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