Education
British Nationality vs. British Citizenship: Key Differences (Part 2)
By Taya Sayekaya – Pupil Immigration Barrister
In This Article
1. Introduction: Key Differences Between British Nationality and British Citizenship
2. Definition of a British Subject in British Nationality Law
3. Definition of a British National (Overseas) or BN(O) in British Nationality Law
4. Definition of a British Protected Person in British Nationality Law
5. Registration as a British Citizen With Any of the Above Statuses
6. Contact our Immigration Barristers
7. Frequently Asked Questions
8. Glossary
9. Additional Resources
1. Introduction: Key Differences Between British Nationality and British Citizenship
In this second article, we provide an overview of the other types of British nationality not covered in our previous article entitled British Nationality vs Citizenship, Understanding the Key Differences. As explained in the previous article, there are six different types of British nationality. The commonly known British citizenship is one. The others, covered previously, include British overseas territories citizen and British overseas citizen.
This article will provide a broad overview of the following types of British nationality:
- British subject;
- British national (overseas); and
- British protected person.
2. Definition of a British Subject in British Nationality Law
Before 1949, British subject was the main category of nationality. It was used for those with a close relationship to the Crown’s dominions. The British Nationality and Status of Aliens Act 1914, referred to ‘natural-born British subjects’ as those:
- born within “His Majesty’s dominions and allegiance”; and
- anyone born outside of “His Majesty’s dominions whose father was” when the person was born, a British subject and who fulfilled one of the certain conditions stipulated in section 1(1) (b) (i) – (iv) of that Act. Such conditions included, for example, the father having been born within His Majesty’s allegiance, or having been granted a certificate of naturalisation, or having been in the Crown’s service at the time of the individual’s birth etc. or another condition (v) relating to the registration of the individual’s birth within a specified time period; and
- anyone born on a British ship “whether in foreign territorial waters or not” provided certain conditions are also met as explained in this part of the Act.
Those not considered British subjects were likely to be viewed as aliens and the Act mentioned above had provisions as to the naturalisation of such. The British Nationality Act of 1948 introduced the status of Citizen of the United Kingdom and Colonies (“CUKC”). Confusingly, the term British subject still remained.
The 1948 Act resulted in the following having the status of British subject: individuals who were seen as citizens of the United Kingdom and Colonies under the 1948 Act or those seen as citizens of Commonwealth countries under the country’s applicable legislation. The position generally was that there were British subjects in the form of CUKCs and British subjects in the form of citizens of a Commonwealth country. The 1948 Act explains that the terms British subject and Commonwealth citizen were to have the same meaning. There is more that the 1948 Act did when it came to the status of British subjects as detailed in this Home Office Guidance which provides a history of British Nationality Law. One of these being the creation of the status of British subject without citizenship, for those individuals linked to countries who did not have defined citizenship laws by 01 January 1949, for example, Pakistan, India and South Africa.
With the commencement of the British Nationality Act 1981 on 01 January 1983, the main Act governing nationality law presently, British subject status no longer had the same meaning as Commonwealth citizen, instead certain individuals automatically became known as British subjects separate to commonwealth citizenship/CUKC status. This is detailed in section 30 of the 1981 Act, for example, British subjects without citizenship due to section 13 or 16 of the 1948 Act. Additionally those falling within section 31 of the 1981 Act (certain former citizens of Eire – now the Republic of Ireland). CUKC status was also replaced with other forms of British nationality, which were covered in the last blog post.
Can I Apply to Become a British Subject?
The 1981 Act makes provision for minors and adults to be registered as British subjects, however, this is in limited circumstances.
Please note it is also possible to lose British subject status, for example, if you are a British subject otherwise than by virtue of section 31 of the 1981 Act and you acquire another citizenship or nationality.
What Are My Rights as a British Subject?
You can hold a British passport and obtain consular assistance and protection from the UK’s diplomatic posts.
Where you are a British subject due to a connection to the Republic of Ireland, you will not be subject to immigration controls in the UK and will have the automatic right to live and work in the UK. If you are not a British subject due to a connection with the Republic of Ireland, you will generally be subject to immigration controls and will not have the automatic right to live or work in the UK.
3. Definition of a British National (Overseas) or BN(O) in British Nationality Law
On 1st July 1997, Hong Kong ceased to be a dependent territory of the United Kingdom. On 1st January 1983, with the coming into force of the British Nationality Act 1981, many of those resident in Hong Kong became British dependent territories citizens (“BDTC”). Article 4(1) of The Hong Kong (British Nationality) Order 1986 created a new British nationality status, British Nationals (Overseas), BN(O), status. The order became effective on 1st July 1987 in order to allow those who were eligible, BDTCs who obtained their status from a connection with Hong Kong, to register as BN(O)s. If one did not register and did not hold another nationality, they automatically lost their BDTC status on 1st July 1997. The last possible date to register as a BN(O) was on 31st December 1997.
Can I Apply to Become a BN(O)?
BN(O) status cannot be passed down nor can this type of nationality be acquired anymore. There is more on the status of Hong Kong British National (Overseas) Citizens in our previous article entitled The Status of Hong Kong British National Overseas Citizens.
What Are My Rights as a BN(O)?
You can hold a British passport. You will generally not have a right of abode in the UK, thus it will not be possible for you to live and work in the UK and you will be subject to immigration restrictions. It is important to note that there is a Hong Kong BN(O) status holder visa, which allows BN(O) citizens to live, work and study in the UK. You can also find a list of Frequently asked questions relating to this visa.
4. Definition of a British Protected Person in British Nationality Law
During the 1800s, the British government “extended protection” to individuals and places outside of the Crown’s dominions. The first nationality legislation to refer to British Protected Persons (“BPP”) is the British Nationality Act 1948. This defined a British protected person as:
“a person who is a member of a class of persons declared by Order in Council made in relation to any protectorate, protected state, mandated territory or trust territory to be for the purposes of this Act British protected persons by virtue of their connection with that protectorate, state or territory.”
Section 30 of the Act detailed what counted as protectorates and protected states (effectively stating that His Majesty could declare by Order in Council which of the states and territories under his protection counted as such). Mandated territories/trust territories were established under assignment by the League of Nations/the United Nations. Prior to the 1948 Act BPP status was conferred under the Royal Prerogative. BPP status, following the British Protectorates, Protected States and Protected Persons Order 1978, could not be passed automatically to children born on or after 16th August 1978 and BPP status could be lost if one acquired another nationality or citizenship on or after 16th August 1978. Section 38 of the 1981 Act covers the position of BPP status following the enactment of that Act.
Can I Apply to Become a British Protected Person?
One can register to be a BPP in limited circumstances as detailed on page 4 of this Home Office Guidance. One example is if a person is otherwise stateless and they were born on or after 1st January 1983 in the UK or a dependent territory and at the time of their birth, their mother or father was a BPP. It is important to seek immigration advice to ensure that it is possible for you to register as a BPP.
What Are My Rights as a British Protected Person?
You can hold a British passport and get consular assistance and protection from UK diplomatic posts whilst abroad. You will generally also be subject to immigration controls and do not have the automatic right to live or work in the UK.
5. Registration as a British Citizen With Any of the Above Statuses
If you have any of the types of British nationality (apart from British citizenship) mentioned above, you may be able to register as a British citizen as discussed in this article.
For expert advice and assistance with your immigration or nationality matter, contact our immigration barristers in London on 0203 617 9173 or via our enquiry form below.
