Immigration Corner | The difference between a British national and a British overseas citizen

Dear Mr Bassie,

Can you explain to me what the difference is between British national (overseas) and a British overseas citizen? I look forward to your response.

– H.H.

Dear H.H.,

BRITISH NATIONAL (OVERSEAS)

Persons who were British overseas territories citizens by connection with Hong Kong were able to register as a British national (overseas) before July 1, 1997.

British overseas territories citizens from Hong Kong who did not register as British nationals (overseas) and had no other nationality or citizenship on June 30, 1997 became British overseas citizens on July 1, 1997. Please be aware that persons who are not already considered British national (overseas) cannot apply to become one.

RIGHTS OF A BRITISH NATIONAL (OVERSEAS)

As British nationals (overseas) persons can hold a British passport and get consular assistance and protection from United Kingdom diplomatic posts. However, they are subject to immigration controls and do not have the automatic right to live or work in the United Kingdom. Also, they are not considered a United Kingdom national by the European Union (EU).

BRITISH NATIONAL (OVERSEAS) VISA

If persons are British nationals (overseas), they and their family members may be able to apply for a British National (Overseas) visa. If successful, it will allow them to live, work and study in the United Kingdom. Persons may be able to register as a British citizen if they are a British national (overseas) and meet certain conditions.

BRITISH OVERSEAS CITIZEN

Persons would have become a British overseas citizen on January 1, 1983 if both of these conditions applied:

• They were a citizen of the United Kingdom and Colonies on December 31, 1982; and

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

HONG KONG

Persons should be aware that if they were a British overseas territories citizen only because of their connection with Hong Kong, they would have lost that citizenship on June 30, 1997 when sovereignty returned to China.

However, those persons became 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 British overseas citizens persons can hold a British passport and get consular assistance and protection from United Kingdom diplomatic posts.

Persons should be aware that unless they are also British citizens they are still subject to immigration controls and they do not have the automatic right to live or work in the United Kingdom. In addition, they are not considered a UK national by the European Union.

TO BECOME A BRITISH OVERSEAS CITIZEN

Persons can only apply to become a British overseas citizen in limited circumstances.

STATELESS PEOPLE

Persons may be able to register as a British overseas citizen if they are stateless. This means that they are not recognised by any country as having a nationality and both of the following conditions apply:

• They were born in the United Kingdom 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 the following apply:

• You were born outside the United Kingdom and qualifying territories;

• One of their parents is a British overseas citizen; and

• They have lived in the United Kingdom or an overseas territory for three years or more.

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

• Born before January 1, 1983 – read the guidance and fill in Form S1;

• Born on or after January 1, 1983 – read the guidance and fill in Form S2

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

All the best.

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