In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national. A British Overseas citizen does not have an automatic right to live in the United Kingdom.
Contents
- British Nationality Act 1981
- Acquisition of British citizenship in 1983
- Acquisition of British Overseas citizenship under the 1981 Act
- Access to British citizenship
- Residence in the United Kingdom
- Holding no other nationality
- Future of British Overseas citizenship
- Loss of British Overseas citizenship
- Benefits of British Overseas citizenship
- References
British Nationality Act 1981
The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories:
There are categories of British national other than these three, but these consist of persons who were not CUKCs before 1983 or who were connected with Hong Kong before 1997.
British Overseas citizenship is a residual category of British nationality, in that there is very little provision for the acquisition of British Overseas citizenship after 1983; and with the passage of time the category will become extinct. However, when Hong Kong reverted to Chinese rule in 1997, Hong Kong BDTCs who had not applied for the status of British National (Overseas), and who were not already considered Chinese citizens by the PRC government at the time of the handover (such as Indians and other non-Chinese), became British Overseas citizens.
Acquisition of British citizenship in 1983
A CUKC who acquired right of abode before 1983 would have become a British citizen on 1 January 1983, instead of (or as well as) a British Overseas citizen. Most commonly this was through:
Acquisition of British Overseas citizenship under the 1981 Act
Save for some transitional arrangements made under the 1981 Act (which expired on 31 December 1987) it is normally only possible for a person to acquire British Overseas citizenship if otherwise stateless.
A British Overseas citizen parent does not in itself give rise to a claim to British Overseas citizenship, or any other form of British nationality. This applies whether one is born in the UK or elsewhere.
Access to British citizenship
British Overseas citizens may normally become British citizens through one of the following routes:
Residence in the United Kingdom
Both of these options confer British citizenship otherwise than by descent and hence children born subsequently outside the United Kingdom will normally have access to British citizenship.
Holding no other nationality
The Nationality, Immigration and Asylum Act 2002 granted British Overseas Citizens, British Subjects and British Protected Persons the right to register as British citizens if they have no other citizenship or nationality and have not after 4 July 2002 renounced, voluntarily relinquished or lost through action or inaction any citizenship or nationality. Previously such persons would have not had the right of abode in any country, and would have thus been de facto stateless. Despite strong resistance from senior officials at the Home Office, the then Home Secretary, David Blunkett, said on 3 July 2002 that this would "right a historic wrong" which had left stateless tens of thousands of Asian people who had worked closely with British colonial administrations. The Government of India has also issued clarifications in respect of people with these citizenships to assist with consideration of applications under the Nationality, Immigration and Asylum Act 2002.
Future of British Overseas citizenship
As British Overseas citizenship cannot be transmitted by descent except where the child would otherwise be stateless (in which case the child will be eligible for registration as a British citizen under the 2002 Act), BOC is a residual category, and will gradually become extinct as existing BOCs (the vast majority of whom were born before 1983) eventually die. The 2002 Act resolved the issue of de facto statelessness for most existing BOCs; however, BOCs who lost their other nationalities after 4 July 2002 are not eligible. This means that de facto statelessness can still be an issue for BOCs in situations like the following:
Of all the six classes of British nationality, only the status of British citizen carries with it the right of abode somewhere (in this case the UK). However, in practice:
This makes British Overseas citizens unique in that their nationality status is not associated with the right of residence anywhere in the world.
In 2007–2008, Lord Goldsmith suggested in his Citizenship Review that the category of British Overseas citizenship (along with other residual classes of British Nationality) be abolished, and existing BOCs be given a window to register as British citizens. However, this suggestion was never made into law.
In 2004, Sanjay Shah a British Overseas citizen of Kenyan-Indian descent, was detained by UK airport immigration authorities and sent back to Kenya. But since he had given up his Kenyan nationality (and passport), he could no longer be admitted into Kenya unless he reapplied for Kenyan citizenship. After spending 13 months in Nairobi airport, he was eventually granted full British citizenship in 2005.
Loss of British Overseas citizenship
Acquisition of another country's citizenship does not cause loss of British Overseas citizenship. However, if an entitlement to registration as a British citizen under section 4B is held it will be lost if the person acquires another nationality before becoming a British citizen.
British Overseas citizens may be deprived of British Overseas citizenship on terms similar to those applicable to British citizens.
A British Overseas citizen may renounce British Overseas citizenship on the same basis as a British citizen. However, there is no provision to resume British Overseas citizenship after renunciation.
Benefits of British Overseas citizenship
Because the status of British Overseas Citizen is not associated with the right to live or work anywhere in the world, it is often considered a useless citizenship (unless the holder has no other nationality, in which case he or she may register as a British Citizen). However, there are some minor benefits to having British Overseas Citizenship.
Some of these rights are common to all Commonwealth citizens (i.e. British Overseas Citizens with another form of Commonwealth citizenship already have these rights):
Other rights are specific only to British Overseas Citizens but not to Commonwealth citizens (holders of some other classes of British nationality may also qualify for some of these rights):
Some rights that British Overseas Citizens used to have are no longer effective: