Immigration Corner | What is British Protected Person status?

Dear Mr Bassie,

I have heard the term ‘British Protected Person’ used. I would like to know what this means and when it applies.

TB

Dear TB,

Persons would have British Protected Person status on January 1, 1983, if they would otherwise have been born stateless, that is without a country, in the United Kingdom or an overseas territory. This would be as a result of the fact that when they were born, one of their parents was a British Protected Person.

They would also still be British Protected Persons if they were already a British Protected Person. They would also have this status if they were a citizen or national of Brunei.

In most cases, persons would have lost their British Protected Person status if they gained any other nationality or citizenship. They would also lose it if the territory with which they were connected became independent and they had become a citizen of that country.

RIGHTS AS A BRITISH PROTECTED PERSON

Persons who hold the status of British Protected Person can hold a British passport and be eligible to receive consular assistance and protection from United Kingdom diplomatic posts.

However, persons with British Protected Person status are subject to United Kingdom immigration controls and do not have the automatic right to live or work in the United Kingdom. It should also be noted that persons with this status are not considered United Kingdom nationals 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; and

• Their father or mother was a British Protected Person when he/she was born.

Persons are advised to contact UK Visas and Immigration, if they think they might qualify as a British Protected Person. Persons should be aware that they may be able to register as a British citizen in extremely limited circumstances if they meet certain conditions.

I hope this helps.

John S. Bassie

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 past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com