British protected person

Last updated May 15, 2023

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.

This nationality was created to accommodate residents of certain areas that were under British protection or administration but not formally incorporated as Crown dominions. As of 2020^[update] about 1,200 British protected persons currently hold active British passports with this status and enjoy consular protection when travelling abroad.^[1] However, individuals who only hold BPP nationality are effectively stateless as they are not guaranteed the right to enter the country in which they are nationals.

Background

Portions of the British Empire were not incorporated as Crown territory proper and instead considered foreign soil under British suzerainty. These included protectorates, protected states, League of Nations mandates, and United Nations trust territories. Because they were foreign lands, birth in one of these areas did not automatically confer British subject status. Instead, most people associated with these territories were designated as British protected persons.^[2]

In the 19th century, the term referred to any member of the native populations of protectorates or to a subject of protected state rulers. Over time, it became a substantial form of nationality.^[2] Eligibility requirements for the status were initially not well defined.^[3] The designation was given to anyone who was considered to owe allegiance to a local ruler of a state under British protection or who was indigenous to a protectorate without local government.^[2] More substantial requirements were codified in 1934; individuals born in protected territories who had no other nationality at birth or those born abroad who would otherwise be stateless to a BPP father, who was himself born in a protected territory, became British protected persons.^[4] The status was granted solely by royal prerogative until it was first statutorily defined in the British Nationality Act 1948. As Britain withdrew from its remaining overseas possessions during decolonisation, some protected persons remained BPPs despite the independence of their territories.^[2] After almost all protected territories had become independent, Parliament severely restricted acquisition of BPP status in 1978.^[5]

The several types of protected territories were differentiated by how their administrative structures were established:

Protected states were territories that had existing organised internal governments and exercised high degrees of autonomy in local governance. Britain was responsible only for external affairs. Subjects of the rulers of these protected states were given BPP status. Former protected states in 1949 that granted statutory BPP status include: Brunei, the Canton and Enderbury Islands, nine Malay states (Johor, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor, Terengganu), the Maldives, New Hebrides, the Trucial States, and Tonga.^[2]
Protectorates had no preexisting government and were territories where the British had administrative jurisdiction as well control over foreign affairs and defence. There was practically no distinction between a colony and protectorate, except that protectorates were not formally governed within British sovereignty. Former protectorates in 1949 include: Aden, Bechuanaland, Gambia, the Gold Coast, Kenya, Nigeria, Northern Rhodesia, Nyasaland, Sierra Leone, the Solomon Islands, Somaliland, Swaziland, Uganda, and Zanzibar.^[2]
League of Nations mandates were territories held under custodianship that were granted after the First World War. United Nations trust territories were those mandated territories that continued to be held under British control after the Second World War. Because the areas that became trust territories did not have internal nationality laws, those regions were treated as if they were protectorates for nationality purposes. Former trust territories in 1949 include: Cameroons, Tanganyika, and Togoland.^[6]

Acquisition and loss

Becoming a British protected person is effectively no longer possible.^[7] Registration as a BPP is currently only permitted for individuals who have always been stateless and were born to at least one BPP parent in the United Kingdom or an overseas territory.^[8] Prior to decolonisation, individuals born in a protected territory and held no other nationality at birth were British protected persons. The status was transferable by descent to children of BPP fathers (but not mothers) who did not have any other nationality following independence of their territories^[9] until 16 August 1978.^[5] BPP status was granted in addition to other British nationality classes; an individual can be both a British citizen and a British protected person.^[2]

Retaining BPP status past the end of British jurisdiction over a protected territory is dependent on the type of territory it was. Persons connected with former protectorates or trust territories may remain BPPs if they did not acquire citizenship of the relevant countries, while all who were associated with former protected states or mandated territories automatically had the status revoked on independence.^[2] For those associated with the British Solomon Islands, BPP retention has the added requirement of never having possessed any other nationality. Additionally, Citizens of the United Kingdom and Colonies who were solely connected with that protectorate lost CUKC status on independence and became BPPs instead.^[10]

British protected person status is automatically lost if an individual acquires any other nationality or citizenship after 16 August 1978, including other British nationality classes. It can also be voluntarily relinquished by a declaration made to the Home Secretary, provided that an individual already possesses or intends to acquire another nationality. BPP status may be deprived if it was fraudulently acquired. There is no path to restore BPP status once lost.^[11]

Rights and privileges

British protected persons are exempted from obtaining a visa or entry certificate when visiting the United Kingdom for less than six months.^[12] When travelling in other countries, they may seek British consular protection.^[13] BPPs are also eligible to serve in non-reserved Civil Service posts^[14] and enlist in the British Armed Forces.^[15]

BPPs may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing indefinite leave to remain 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. Individuals who become British citizens automatically lose their BPP status.^[16] BPPs who do not hold and have not lost any other nationality on or after 4 July 2002 are entitled to register as British citizens.^[17]

Restrictions

BPPs who hold no other nationality are de facto stateless because they do not have a right to enter the country that claims them as nationals.^[18] 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 BPPs.^[17]

United Kingdom

Unlike members of other British nationality classes, British protected persons are not Commonwealth citizens.^[19] BPPs are subject to immigration control and have neither the right of abode nor the right to work in the United Kingdom.^[13] They are required to pay a "health surcharge" to access National Health Service benefits when residing in the UK for longer than six months.^[20] They do not have the right to vote in UK elections and are ineligible to stand for election to the House of Commons and local government.^[21] They are additionally barred from being sitting members in the House of Lords.^[19]

European Union

Before the United Kingdom withdrew from the European Union on 31 January 2020, full British citizens were European Union citizens.^[22] British protected persons have never been EU citizens and do not enjoy freedom of movement in other EU countries.^[23] They were,^[24] and continue to be, exempted from obtaining visas when visiting the Schengen Area.^[22]

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Tanzanian nationality law is regulated by the Constitution of Tanzania, as amended; the Tanzania Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tanzania. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries, including Tanzania, often use the terms nationality and citizenship as synonyms, despite recognising their legal distinction and the fact that they are regulated by different governmental administrative bodies. For much of Tanzania's history racist policy curtailed domestic rights and nationality. Tanzanian nationality is typically obtained under the principle of jus soli, i.e. by birth in the territory, or jus sanguinis, i.e. by birth in Tanzania or abroad to parents with Tanzanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

Ghanaian nationality law is regulated by the Constitution of Ghana, as amended; the Ghana Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Ghana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Ghanaian nationality is typically obtained under the principle of jus sanguinis, born to parents with Ghanaian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

Nigerian nationality law is regulated by the Constitution of Nigeria, as amended, and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Nigeria. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Nigerian nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Nigerian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

Somali nationality law is regulated by the Constitution of Somalia, as amended; the Somali Citizenship Law, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Somalia and Somaliland. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the nation under international law, whereas citizenship is the domestic relationship of an individual and the state. Somali nationality is typically obtained under the principle of jus soli, i.e. by birth in Somalia or Somaliland, or jus sanguinis, born to parents with Somali nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through grant (naturalization).

Ugandan nationality law is regulated by the Constitution of Uganda, as amended; the Uganda Citizenship and Immigration Control Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Uganda. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Ugandan nationality is typically obtained under the principal of jus sanguinis, i.e. by birth to parents with Ugandan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or registration.

Solomon Islands nationality law is regulated by the 1978 Constitution of Solomon Islands, as amended; the Citizenship Act 2018, and its revisions; and international agreements entered into by the government of Solomon Islands. These laws determine who is, or is eligible to be, a national of Solomon Islands. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Solomon Islander nationality is typically obtained either on the principle of jus soli, i.e. by birth in the Solomon Islands or under the rules of jus sanguinis, i.e. by birth abroad to parents with Solomon Islander nationality. It can be granted to persons who have lived in the country for a specific period of time, or who have an affiliation to the country through naturalisation.

Batswana nationality law is regulated by the 1966 Constitution of Botswana, as amended; the Citizenship Act 1998, and its revisions; and international agreements entered into by the government of Botswana. These laws determine who is, or is eligible to be, a national of Botswana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. The Botswana nationality is typically obtained on the principle of jus sanguinis, i.e. by birth to parents with Botswana nationality. It can be granted to persons who have lived in the country for a specific period of time, who have performed distinguished service to the nation or who have an affiliation to the country through naturalisation.

Eswatini nationality law is regulated by the Constitution of Eswatini, as amended; the Swaziland Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Eswatini. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Eswatini nationality is typically obtained under the principle of jus soli, i.e. by birth in Eswatini, or jus sanguinis, born to parents with Eswatini nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation or the traditional khonta system.

Gambian nationality law is regulated by the Constitution of The Gambia, as amended; The Gambia Nationality and Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of The Gambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Gambian nationality is typically obtained under the principle of jus sanguinis, born to parents with Gambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

Kenyan nationality law is regulated by the Constitution of Kenya, as amended; the Kenya Citizenship and Immigration Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Kenya. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Kenyan nationality is typically obtained under the principle of jus soli, born in Kenya, or jus sanguinis, i.e. by birth in Kenya or abroad to parents with Kenyan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.

Malawian nationality law is regulated by the Constitution of Malawi, as amended; the Malawian Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Malawi. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual and the nation. Malawian nationality is typically obtained under the principle of jus soli, i.e. by birth in Malawi, or jus sanguinis, born to a father with Malawian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

Sierra Leonean nationality law is regulated by the Constitution of Sierra Leone, as amended; the Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Sierra Leone. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. In Britain and thus the Commonwealth of Nations, though the terms are often used synonymously outside of law, they are governed by different statutes and regulated by different authorities. Sierra Leonean nationality is based on descent from a person who is Negro-African, regardless of whether they were born in Sierra Leone, jus soli, or abroad to a Sierra Leonean, jus sanguinis. The Negro clause was inserted based upon the founding of the colony as a refuge for former slaves to prevent economically powerful communities from obtaining political power. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.

Zambian nationality law is regulated by the Constitution of Zambia, as amended; the Citizenship of Zambia Act; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Zambia. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Commonwealth countries often use the terms nationality and citizenship as synonyms, despite their legal distinction and the fact that they are regulated by different governmental administrative bodies. Zambian nationality is typically obtained under the principals of jus soli, i.e. birth in Zambia, or jus sanguinis, i.e. by birth to parents with Zambian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through registration.

References

Citations

↑ FOI Letter on Passports.
1 2 3 4 5 6 7 8 "Protectorates and Protected States" (PDF). Retrieved 1 April 2019.
↑ Pollack 1963 , p. 144.
↑ "No. 34051". The London Gazette . 18 May 1934. p. 3194.
1 2 The British Protectorates, Protected States and Protected Persons Order 1978.
↑ "Mandated and Trust Territories" (PDF). Retrieved 2 April 2019.
↑ INPD Letter on BOCs, at para. 19
↑ "British protected persons" (PDF). 1.0. Home Office. 14 July 2017. Archived (PDF) from the original on 29 March 2019. Retrieved 29 March 2019.
↑ The British Protectorates, Protected States and Protected Persons Order 1974.
↑ Solomon Islands Act 1978.
↑ "Nationality policy: renunciation of all types of British nationality" (PDF). 3.0. Home Office. 30 January 2018. Archived (PDF) from the original on 8 January 2019. Retrieved 1 April 2019.
↑ "Check if you need a UK visa". gov.uk . Government of the United Kingdom . Retrieved 1 April 2019.
1 2 "Types of British nationality: British protected person". gov.uk . Government of the United Kingdom. Archived from the original on 19 August 2018. Retrieved 1 April 2019.
↑ "Civil Service Nationality Rules" (PDF). Cabinet Office. November 2007. p. 6. Archived (PDF) from the original on 21 August 2018. Retrieved 2 April 2019.
↑ "Nationality". British Army . Retrieved 2 April 2019.
↑ "Guide B(OTA): Registration as a British citizen" (PDF). Home Office. March 2019. Archived (PDF) from the original on 28 March 2019. Retrieved 29 March 2019.
1 2 Nationality, Immigration and Asylum Act 2002.
↑ Kaur [2001] C-192/99, at para. 17
1 2 British Nationality Act 1981.
↑ "UK announces health surcharge". gov.uk . Government of the United Kingdom. 27 March 2015. Archived from the original on 11 December 2018. Retrieved 8 January 2018.
↑ Representation of the People Act 1983.
1 2 Regulation (EU) No 2019/592.
↑ Kaur [2001] C-192/99, at para. 19–27
↑ Regulation (EU) No 2018/1806 Annex II.

Sources

Correspondence

Director, Immigration and Nationality Policy Directorate (19 June 2002). "British Overseas citizens – Nationality, Immigration and Asylum Bill" (PDF). Letter to Beverley Hughes and the Home Secretary . Retrieved 21 February 2019.{{cite press release}}: |author= has generic name (help)
Smith, T (11 February 2020). "Freedom of Information Request" (PDF). Letter to Luke Lo. HM Passport Office. Archived from the original (PDF) on 27 February 2020. Retrieved 29 February 2020.

Legislation

Case law

The Queen v. Secretary of State for the Home Department, ex parte: Manjit Kaur [2001] EUECJ C-192/99, Case C-192/99, European Court of Justice

Publications

Pollack, Kenneth (1963). "The Defence of Act of State in Relation to Protectorates". The Modern Law Review. 26 (2): 138–155. doi: 10.1111/j.1468-2230.1963.tb00704.x . JSTOR 1093304.

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[1] FOI Letter on Passports.

[ProtectoratesAndProtectedStates-2] 1 2 3 4 5 6 7 8 "Protectorates and Protected States" (PDF). Retrieved 1 April 2019.

[3] Pollack 1963 , p. 144.

[4] "No. 34051". The London Gazette . 18 May 1934. p. 3194.

[BPP1978-5] 1 2 The British Protectorates, Protected States and Protected Persons Order 1978.

[6] "Mandated and Trust Territories" (PDF). Retrieved 2 April 2019.

[7] INPD Letter on BOCs, at para. 19

[8] "British protected persons" (PDF). 1.0. Home Office. 14 July 2017. Archived (PDF) from the original on 29 March 2019. Retrieved 29 March 2019.

[9] The British Protectorates, Protected States and Protected Persons Order 1974.

[10] Solomon Islands Act 1978.

[11] "Nationality policy: renunciation of all types of British nationality" (PDF). 3.0. Home Office. 30 January 2018. Archived (PDF) from the original on 8 January 2019. Retrieved 1 April 2019.

[12] "Check if you need a UK visa". gov.uk . Government of the United Kingdom . Retrieved 1 April 2019.

[BPPType-13] 1 2 "Types of British nationality: British protected person". gov.uk . Government of the United Kingdom. Archived from the original on 19 August 2018. Retrieved 1 April 2019.

[14] "Civil Service Nationality Rules" (PDF). Cabinet Office. November 2007. p. 6. Archived (PDF) from the original on 21 August 2018. Retrieved 2 April 2019.

[15] "Nationality". British Army . Retrieved 2 April 2019.

[16] "Guide B(OTA): Registration as a British citizen" (PDF). Home Office. March 2019. Archived (PDF) from the original on 28 March 2019. Retrieved 29 March 2019.

[BPPregistration2002-17] 1 2 Nationality, Immigration and Asylum Act 2002.

[18] Kaur [2001] C-192/99, at para. 17

[ReferenceA-19] 1 2 British Nationality Act 1981.

[20] "UK announces health surcharge". gov.uk . Government of the United Kingdom. 27 March 2015. Archived from the original on 11 December 2018. Retrieved 8 January 2018.

[21] Representation of the People Act 1983.

[EU2019/592-22] 1 2 Regulation (EU) No 2019/592.

[23] Kaur [2001] C-192/99, at para. 19–27

[24] Regulation (EU) No 2018/1806 Annex II.

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