Immigration Corner | Who is a British Protected Person?

Dear Mr Bassie,

I believe that I fall into the category of being a ‘British Protected Person’. Please advise me of any rights that I may have as a result of being a British Protected Person.

IG

Dear IG,

Persons should be aware that they would have become a British Protected Person on January 1, 1983, if they were a citizen or national of Brunei. They may also be considered one if they were already a British Protected Person on that date. Another way could be is if they would otherwise have been born stateless, that is without a country, in the United Kingdom or an overseas territory because when they were born, one of their parents was considered a British Protected Person.

Persons should be aware that in most cases, they would have lost their British Protected Persons status if they gained any other nationality or citizenship or if the territory that they were connected with became independent and that person would have became a citizen of that country.

RIGHTS AS A BRITISH PROTECTED PERSON

As a British Protected Person, a person can hold a British passport and get consular assistance and protection from United Kingdom diplomatic posts.

However, it should be noted that those persons are subject to immigration controls and do not have the automatic right to live or work in the United Kingdom. In addition, they are not considered a United Kingdom national by the European Union.

HOW TO BECOME A BRITISH PROTECTED PERSON

Persons may be able to register as a British Protected Person only if all the following conditions apply:

• They are stateless and always have been.

• They were born in the United Kingdom or an overseas territory.

• Their father or mother was a British Protected Person when they were born.

Persons should contact UK Visas and Immigration online if they think that they might qualify as a British Protected Person. Just for completeness, please be aware that persons in this category may be able to register as a British citizen in very limited circumstances if they meet certain conditions.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK. Email: lawbassie@yahoo.com