Immiration Corner | Who is considered a British overseas citizen?

Dear Mr Bassie,

I would like to know who is considered a ‘British overseas citizen’ and what rights they have. I look forward to reading your response.

JS

Dear JS,

A person became a British overseas citizen on January 1, 1983 if both of the following applied:

• He/she was a citizen of the United Kingdom and Colonies (CUKC) on December 31, 1982; and

• He/she did not become either a British citizen or a British overseas territories citizen on January 1,1983.

HONG KONG

Those persons who were British overseas territories citizens only because of their connection with Hong Kong would have lost that citizenship on June 30, 1997 when sovereignty returned to China.

However, they would have become a British overseas citizen if either:

• They had no other nationality and would have become stateless; or

• They were born on or after July 1, 1997 and would have been born stateless if one of their parents was a British national (overseas) or British overseas citizen when they were born.

RIGHTS AS A BRITISH OVERSEAS CITIZEN

As a British overseas citizen, persons can:

• Hold a British passport

• Get consular assistance and protection from UK diplomatic posts, unless they are also a British citizen:

Persons are still subject to immigration controls. That is, they do not have the automatic right to live or work in the United Kingdom (UK). Also, persons are not considered UK nationals by the European Union (EU).

HOW TO BECOME A BRITISH OVERSEAS CITIZEN

Please note that persons can only apply to become a British overseas citizen in limited circumstances.

STATELESS PEOPLE

A person may be able to register as a British overseas citizen if they are stateless (not recognised by any country as having a nationality) and both of the following apply:

•He/she was born in the UK or an overseas territory; and

• One of their parents is a British overseas citizen.

PERSONS MAY ALSO BE ABLE TO REGISTER IF THEY ARE STATELESS AND ALL OF THESE APPLY:

• They were born outside the UK and qualifying territories

• One of their parents is a British overseas citizen

• They have lived in the UK or an overseas territory for three years or more

Please note that they will have to fill in different forms, depending on whether they were:

• Born before January 1, 1983 (Applicants are advised to read the guidance and fill in Form S1)

• Born on or after 1 January 1983)

Just for completion, please be aware that a child under 18 years old can be registered as a British overseas citizen in special circumstances.

All the best!

John S. Bassie is a barrister/attorney-at-law who practices 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