Types of British Nationality

When you hear someone say they are a “British national,” or a “citizen of the UK” you may simply assume that he or she is British; i.e. a basic citizen of the UK. However, there are in fact several different types of British citizenship (i.e. types of British nationality). Types of British citizenship include basic citizenship, overseas citizen, overseas territories citizen, national (overseas), subject, and protected person. Today’s blog will provide a detailed overview of each of the six different types of British nationality and British passport types (excluding the UK Citizenship by Investment category). 

British Citizenship

• If you have British citizenship—i.e. you are a British citizen—you have the right to reside and be employed in the country without any restrictions on your movements. 
• Most British citizens have British citizenship because they were born in the country to parents who were also British citizens. However, you can become a British citizen even if your parents are not British, and even if you were not born in the country. 
• Additionally, being born in the country does not automatically mean that you are a British citizen—if you were born in the UK to non-British citizen parents, you may have to apply for British citizenship in order to officially obtain it. If one of the below situations applies to you, you may be eligible for acquisition of citizenship of the UK (i.e. through registering as a British citizen): 
  • You were born in the country. 
  • Your mother or father is a British citizen (i.e. you pursue UK Citizenship by descent).
  • You are a citizen of the British Commonwealth.
  • You married someone with British citizenship (or are in a civil partnership with someone who has it). 
  • You possesses Indefinite Leave to Remain (ILR) in the UK.
  • You possess Settled status in the UK via the EU. 
  • You possess Permanent Residence status in the UK. 
  • You are a person who meets the qualification of “stateless”.
  • You previously held British citizenship, but officially renounced it. 
• If you feel you are entitled to British citizenship by virtue of your birth parents or place of birth, or if you feel you have met the qualification to become naturalized as a citizen due to your immigration status in the country, you can look into registering to become a British citizen (contact us here for more information about registering as a citizen). 

British Overseas Citizen

• If you fall into one of the following categories, you may be eligible for British overseas citizen status: 
  • If you are Stateless or born in an overseas territory or Britain.
  •  Either your mother or father is a British overseas citizen (i.e. you pursue UK citizenship by descent).
• The following people are automatically considered British overseas citizens: 
  • Those who were citizens of the entity known as UK and Colonies (CUKC) as of December 31^st, 1982, who were not naturalized as British overseas territories citizens or British citizens as of January 1^st, 1983. 
  • Those who became British overseas citizens by virtue of their prior overseas territories citizenship status via Hong Kong. 
• While British overseas citizens may receive consular assistance abroad and are eligible for a British passport, they are not inherently entitled to reside or be employed in the country, and the European Union (EU) does not recognize overseas citizens as UK nationals. Finally, a pathway to British citizenship exists for qualifying British Overseas Citizens who fulfill the eligibility requirements.

Overseas Territories Citizen

• Whether someone is a British Overseas Territories Citizen (and the conditions under which they became one) depend on whether they were born before or after January 1^st, 1983. 
• People born pre 1983: The following people are automatically considered British Overseas Territories Citizens: 
  • Those who were citizens of the entity known as UK and Colonies (CUKC) as of December 31^st, 1982 who became a British citizen (either through birth, naturalization or registration) in a British Overseas Territory (or whose parents or grandparents did).
  • Those who married a British Overseas Territories Citizen (so long as the married partner became one on January 1^st, 1983).
• People born post-1983: The following people are automatically considered British Overseas Territories Citizens:
  • Those born in a British Overseas Territory. 
  • The children of parents who were either legally settled in a British Overseas Territory or who were British Overseas Territories Citizens (when the child was born).
  • Adopted children of British Overseas Territories Citizens (who were adopted in a territory).
  • A child whose mother or father became a British Overseas Territories Citizen through the process of “otherwise than by descent”. 
• While British Overseas Territories Citizens may receive consular assistance abroad and are eligible for a British passport, they are not inherently entitled to reside or be employed in the country, and the European Union (EU) does not recognize Overseas Territories Citizens as UK nationals. Finally, a pathway to British Citizenship exists for qualifying British Overseas Territories Citizens who fulfill the eligibility requirements.
• Please note that prior to February 2002, this category of citizenship was referred to as “British dependent territories citizenship”. 
• Individuals who were citizens of a British overseas territory via their relationship with one of the below “qualifying” territories achieved British citizenship in May 2002: 
  • Anguilla
  • Bermuda
  • British Antarctic Territory
  • British Indian Ocean Territory
  • British Virgin Islands
  • Cayman Islands
  • Falkland Islands
  • Gibraltar
  • Montserrat
  • Pitcairn Islands
  • Saint Helena, Ascension and Tristan da Cunha
  • South Georgia and the South Sandwich Islands
  • Turks and Caicos Islands

British National (Overseas)

• Individuals belonging to the British National (overseas) category include those who previously were British Overseas Territories Citizens via their relationship to Hong Kong (previously a British territory. British Overseas Territories Citizens from Hong Kong were granted the opportunity to become British Nationals (overseas), so long as they registered prior to July 1997. 
• Those who did not register by that date (i.e. those who did not pursue UK citizenship by declaration) but who lost their British Overseas Territories Citizenship by virtue of Hong Kong becoming part of China (and who lacked citizenship/nationality from another country and were effectively left stateless as a result) automatically achieved British National (overseas) citizenship as of July 1997. 
• Please note that the British National (Overseas) category is closed to anyone who does not currently possess it. 
• British National (Overseas) Citizens may receive consular assistance abroad and are eligible for a British passport. Additionally, qualifying British National (Overseas) persons are eligible for the British National (Overseas) visa, which grants holders the right to reside, attend school, and be employed in Britain. Finally, a pathway to British citizenship exists for qualifying British National (Overseas) persons who fulfill the eligibility requirements. 
• Despite possessing the above rights, British National (Overseas) citizens are not inherently entitled to reside or be employed in the country, and the European Union (EU) does not recognize overseas citizens as UK nationals. 

British Protected Person

• The below categories of individuals automatically achieved British Protected Person status in January 1983:
  • Those who held British Protected Person status at this date. 
  • Nationals and citizens of Brunei. 
  • Those whose place of birth was either an overseas territory or Britain who effectively would have been rendered Stateless at birth due to your either their mother or father being a British Protected Person. 
• Please note that anyone who became a citizen/national of another country (either because they were living somewhere that was previously part of another country that achieved independence, or because they became a citizen/national of another country through marriage (rather than through UK citizenship by marriage) immigration or other means) would likely be deprived of their British Protected Persons status. 
• British Protected Persons may receive consular assistance abroad and are eligible for a British passport. Additionally, a pathway for acquisition of citizenship of the UK exists for qualifying British Protected Persons who fulfill the eligibility requirements.
• Despite possessing the above rights, British Protected Persons are not inherently entitled to reside or be employed in the country, and the European Union (EU) does not recognize British Protected Persons as UK nationals. 
• Stateless individuals (who have never held citizenship before) whose place of birth is the UK (or a UK overseas territory) and whose parent held/holds British Protected Persons status may themselves be eligible to become British Protected Persons. 

British Subject

• Previously an expansive and ill-defined category, the term “British Subject” was narrowed in January 1983, after which it exclusively came to apply to the following categories of persons who fulfilled the below requirements for naturalization or registration (who automatically became British subjects at that date):
  • Those who, prior to January 1983, and as of December 1948, were categorized as subjects (rather than citizens) of Britain. 
  • Those who achieved Irish citizenship as of December 1948, but who attempted to remain a subject of Britain. 
  • Women who registered as a British Subject after marrying (i.e. those who achieved UK citizenship by marriage by marrying men who fell into one of either of the above categories).
  • Sons or daughters of British subjects whose birthday is January 1^st, 1983, or later, who were born in either an overseas territory or in the mainland UK, whose mother or father are British subjects and who would effectively be stateless in the absence of becoming a British subject (note—if either the child’s mother or father is a British citizen, British overseas citizen, or a British overseas territories citizen, that child is ineligible to become a British subject). 
• British Subjects may receive consular assistance abroad and are eligible for a British passport. A pathway to British citizenship exists for qualifying British Subjects who fulfill the eligibility requirements. 
• Despite possessing the above rights, British Subjects are not inherently entitled to reside or be employed in the country, and the European Union (EU) does not recognize British Subjects as UK nationals. 

For more information on how to pursue UK Citizenship by Investment, UK citizenship by marriage, or UK citizenship by declaration (and for the corresponding British passport types) — contact us here.