British citizenship and nationality law |
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Introduction |
Nationality classes |
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See also |
Law relating to former territories |
Relevant legislation |
A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.
This nationality gives its holders a limited set of rights when they are resident in the United Kingdom, conferring eligibility to vote, to obtain citizenship under a simplified process, and to serve in public office or non-reserved government positions. As of 2024, about 10,000 BOCs hold valid British passports with this status and enjoy consular protection when travelling abroad. [1] However, BOCs who do not have the right to live in the UK nor the overseas territories and have no other citizenship are de facto stateless as they are not guaranteed the right to enter the country of which they are nationals.
From 1949 to 1983, all citizens of the British Empire held a common nationality. Citizens of the United Kingdom and Colonies (CUKCs) initially held an automatic right to enter and live in the UK. [2] This entitlement was given to all British subjects, which included CUKCs and citizens of independent countries in the Commonwealth of Nations, [3] as part of a wider initiative to preserve close relationships with the white-majority Dominions (Australia, Canada and New Zealand) and white-dominated South Africa and Southern Rhodesia, and to moderate nationalist attitudes within the Commonwealth. [4] Non-white immigrants were systemically discouraged from entering the UK, though there was no legal limitation to their migration. [5] The Colonial Office ordered colonial governments to hinder prospective migrants of colour by informing them of the difficulties they would face in finding housing accommodation and employment in Britain, as well as confiscating passports from those who were deemed to have insufficient funds or determined to be unemployable. [6] Nevertheless, 500,000 of these new immigrants had settled in the UK by 1962. [7]
Immigration from the colonies and other Commonwealth countries was formally restricted by Parliament from 1962 to 1971, when British subjects originating from outside of the British Islands first had immigration controls officially imposed on them when entering the United Kingdom. [8] As Britain withdrew from most of its remaining overseas possessions as part of decolonisation, some former colonial subjects remained CUKCs despite the independence of their colonies. [9] After passage of the British Nationality Act 1981, CUKCs were reclassified in 1983 into different nationality groups based on their ancestry, birthplace, and immigration status: CUKCs who had right of abode in the United Kingdom became British citizens while those connected with a remaining colony became British Dependent Territories citizens (BDTCs). [10] Remaining CUKCs who were no longer associated with a British territory became British Overseas citizens. [11] [12] An estimated 1.5 million people were reclassified as BOCs in 1983, 1.3 million of whom also held another nationality. [13]
The creation of different British nationality classes with disparities in United Kingdom residency rights drew criticism for creating what was seen as a two-tier system. The vast majority of people who were classified as British citizens in 1983 were white, while those assigned BDTC or BOC status were predominantly Asian. [14] The deprivation of full nationality rights was particularly distressful for the Indian diaspora in Southeast Africa, many of whom migrated to Africa during colonial rule while working in the civil service. [15] As former East African colonies gained independence, aggressive Africanisation policies and an increasingly discriminatory environment in the post-colonial countries against the Asian population caused many among them to seek migration to Britain. [16] While CUKCs without strong ties to the British Islands were already subject to immigration controls starting in 1962, the subdivision of nationality reinforced the idea that British identity depended on race. [17]
A "special quota voucher scheme" was introduced in 1968 to annually admit a small number of CUKCs (and later BOCs), along with their dependents, who held no other nationality and who were pressured to leave their countries of residence. Waiting times under the quota system were extremely long, with applicants waiting in excess of five years to receive a voucher to enter the UK. The system was abolished in 2002, [18] when Parliament granted remaining BOCs who held no other nationality the right to register as full British citizens. [19] About 35,000 BOCs were estimated to have benefited from this provision at the time of the law's passage. [13]
Prior to 2002, British Overseas citizens from Malaysia had been able to petition for British citizenship after renouncing Malaysian citizenship. [20] After passage of the British Overseas Territories Act 2002 and the Nationality, Immigration and Asylum Act 2002, these requests were no longer considered. However, a number of Malaysian BOCs continued their applications after this change in immigration policy and renounced their Malaysian citizenship after being given incorrect legal advice. Due to differences in how the governments recognise nationality renunciation, both the British and Malaysian governments consider this group of individuals nationals of the other country and refuse to give them any form of permanent status. [20] [21] Debate over ultimate responsibility for this group of BOCs (estimated to be 1,000–2,000 people) [22] continues while they remain stateless without a territory that they have a guaranteed right to remain in. [23]
Becoming a British Overseas citizen is generally not possible. The status cannot be acquired by naturalisation and can only be transferred by descent if an individual born to a BOC parent would otherwise be stateless. [24] It is expected that BOCs will obtain citizenship in the country they reside in and that the number of active status holders will eventually dwindle until there are none. [25] Almost all individuals with this status obtained it in 1983, when Citizens of the United Kingdom and Colonies without right of abode in the United Kingdom or ties to remaining British overseas territories were reclassified as British Overseas citizens. Due to the broad nature of the governing Acts that determine CUKC and BOC eligibility, there are a variety of circumstances in which an individual could have acquired BOC status. [11] These include:
Several early independence acts did not remove CUKC status from certain citizens of newly independent states. In the former Straits Settlements of Penang and Malacca, around one million Straits Chinese were allowed to continue as CUKCs with Malayan citizenship when the Federation of Malaya became independent in 1957. Consequently, when Malaya merged with North Borneo, Sarawak, and Singapore to form Malaysia in 1963, CUKC status was not rescinded from individuals already holding Malayan citizenship. [33] Similarly, when Cyprus became independent in 1960, Cypriots who were not resident in Cyprus for the five years leading up to independence and were also living in another Commonwealth country would not have lost CUKC status. [34]
In some cases, a former colony's new government only granted citizenship to members of the majority ethnic group. When Aden became part of the newly independent South Yemen in 1967, individuals who were not of Arab ancestry did not acquire Yemeni citizenship and remained CUKCs. [28] Likewise, Hong Kong residents lost BDTC status when that territory was transferred to China in 1997. Residents choosing to retain British nationality were able to voluntarily register for British National (Overseas) status before the handover. Individuals who were not ethnically Chinese did not acquire Chinese nationality on that date and automatically became BOCs if they would have been made stateless. [35]
Sophia of Hanover was placed in the English line of succession in 1705 to avoid a reigning Catholic monarch. Because she was German, Parliament passed an Act to naturalise the Electress as an English subject, along with all of her lineal descendants. Although the British Nationality Act 1948 ended the naturalisation of further direct descendants, eligible non-Catholic persons born before 1949 would have already become British subjects. Those individuals would also be able to transmit British nationality to at least one further generation. Because such persons would not automatically have the right of abode in the United Kingdom, some current claimants to British nationality through the Sophia Naturalization Act 1705 could receive British Overseas citizenship. [32]
British Overseas citizenship can be relinquished by a declaration made to the Home Secretary, provided that an individual already possesses or intends to acquire another nationality. BOC status may also be deprived if it was fraudulently acquired. There is no path to restore BOC status once lost. [36] [37]
British Overseas citizens are exempted from obtaining a visa or entry certificate when visiting the United Kingdom for less than six months. [38] They are eligible to apply for two-year working holiday visas and do not face annual quotas or sponsorship requirements. [39] When travelling in other countries, they may seek British consular protection. [40] BOCs are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens. [41] These include exemption from registration with local police, [42] voting eligibility in UK elections, [43] and the ability to enlist in the British Armed Forces. [44] British Overseas citizens are also eligible to serve in non-reserved Civil Service posts, [45] be granted British honours, receive peerages, and sit in the House of Lords. [46] If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons [47] and local government. [48] [49] [50] ILR status usually expires if an individual leaves the UK and remains abroad for over two years, but this limitation does not apply to BOCs. Prior to 2002, BOCs who entered the UK on a work permit were automatically given indefinite leave to remain. [51]
BOCs may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing ILR for more than one year. Registration confers citizenship otherwise than by descent, meaning that children born outside of the UK to those successfully registered will be British citizens by descent. Becoming a British citizen has no effect on BOC status; BOCs may also simultaneously be British citizens. [52] BOCs who were Hong Kong residents and had no other nationality on 3 February 1997 may also register for citizenship without UK residence requirements. [53] Applicants who successfully register in this way become British citizens by descent and cannot pass citizenship to their children born outside of the UK. [54] Remaining BOCs who do not hold and have not lost any other nationality on or after 4 July 2002 are entitled to register as British citizens. [19] As of 2024, there are about 10,000 people who continue to be BOCs and hold valid British passports with the status. [1]
BOCs who hold no other nationality are de facto stateless because they are deprived of entering the country that claims them as nationals. [55] The Nationality, Immigration and Asylum Act 2002 allowed these individuals to register as British citizens, after which statelessness was generally resolved for people who were solely BOCs. [19] However, there remain circumstances in which BOCs are effectively stateless after 4 July 2002, including:
British Overseas citizens are subject to immigration controls and have neither the right of abode or the right to work in the United Kingdom. [40] BOCs are required to pay an immigration health surcharge to access National Health Service benefits when residing in the UK for longer than six months. [58]
Before the United Kingdom withdrew from the European Union on 31 January 2020, full British citizens were European Union citizens. [59] British Overseas citizens have never been EU citizens and did not enjoy freedom of movement for worker in other EU countries. [60] They were, [61] and continue to be, exempted from obtaining visas when visiting the Schengen Area. [59]
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire. Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees estimated 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021.
The British Nationality Act 1981 (c. 61) is an act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for former BDTCs; current residents cannot newly acquire this nationality.
British nationality law as it pertains to Hong Kong has changed over time since it became a British colony in 1842. Hongkongers were given various nationality statuses, such as British subjects, Citizen of the United Kingdom and Colonies, British Dependent Territories Citizen and British Nationals (Overseas).
This article concerns the history of British nationality law.
Irish citizens in the United Kingdom enjoy a special status when residing there, due to the close proximity of the island of Great Britain and the island of Ireland and the historical ties between the two islands. Irish citizens from the Republic of Ireland are considered to have automatic and permanent permission to live in the United Kingdom and are eligible to vote, stand for public office, and serve in non-reserved government positions.
Malaysian nationality law details the conditions by which a person is a citizen of Malaysia. The primary law governing nationality requirements is the Constitution of Malaysia, which came into force on 27 August 1957.
A Commonwealth citizen is a citizen of a Commonwealth of Nations member state. Most member countries generally do not treat citizens of other Commonwealth states any differently from foreign nationals, but do grant limited citizenship rights to resident Commonwealth citizens. For example, in 14 member states, resident non-local Commonwealth citizens are eligible to vote in elections. The status is most significant in the United Kingdom, and carries few or no privileges in many other Commonwealth countries.
A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories.
A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British nationals, but are neither British nor Commonwealth citizens. Nationals of this class are subject to immigration controls when entering the United Kingdom and do not have the automatic right of abode there or any other country.
Maltese nationality law details the conditions by which a person is a national of Malta. The primary law governing nationality regulations is the Maltese Citizenship Act, which came into force on 21 September 1964. Malta is a member state of the European Union (EU) and all Maltese nationals are EU citizens. They have automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and may vote in elections to the European Parliament.
The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.
A travel document is an identity document issued by a government or international entity pursuant to international agreements to enable individuals to clear border control measures. Travel documents usually assure other governments that the bearer may return to the issuing country, and are often issued in booklet form to allow other governments to place visas as well as entry and exit stamps into them.
Cypriot nationality law details the conditions by which a person is a national of Cyprus. The primary law governing nationality regulations is the Republic of Cyprus Citizenship Law, 1967, which came into force on 28 July 1967. Regulations apply to the entire island of Cyprus, which includes the Republic of Cyprus itself and Northern Cyprus, a breakaway region that is diplomatically recognised only by Turkey as the Turkish Republic of Northern Cyprus (TRNC).
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national citizenship of the United Kingdom and all of its colonies.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies ; and the 14 British Overseas Territories.
Pakistani nationality law details the conditions by which a person is a national of Pakistan. The primary law governing these requirements is the Pakistan Citizenship Act, 1951, which came into force on 13 April 1951.
The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for people with British National (Overseas) status. BN(O) status was created in 1987 after the enactment of Hong Kong Act 1985, whose holders are permanent residents of Hong Kong who were British Overseas Territories citizens until 30 June 1997 and had registered as BN(O)s.
A national without household registration (NWOHR) is a person with Republic of China nationality who does not have household registration in Taiwan. Nationals with this status may be subject to immigration controls when entering the Taiwan Area, do not have automatic residence rights there, cannot vote in Taiwanese elections, and are exempt from conscription. Most individuals with this status are children born overseas to Taiwanese citizens. About 60,000 NWOHRs currently hold Taiwanese passports with this status.