A British Protected Person (BPP) is a member of class of certain persons under the British Nationality Act 1981 associated with former protected states, protectorates, mandated and trust territories whose external affairs and defence were under British control. The inhabitants of these former states or territories were never automatically entitled because of their birthplace to become British subjects or citizens, but were given the status of British Protected Person instead. (A few of those born in such areas might have other claims to British nationality, for instance, based on the status of their parents.)
Contents
- History
- Statutory British protected persons
- Pre independence
- Post independence
- By registration
- Solomon islands
- British nationality and protectorates
- Access to British citizenship
- Residence in the United Kingdom
- Persons otherwise stateless
- Loss of BPP status
- References
BPP status is a form of nationality under public international law, but is no longer associated with the right to live anywhere or to enjoy citizenship of the European Union.
British Protected Persons are not Commonwealth citizens in British nationality law; they do not have full civil rights in the United Kingdom. However, BPPs, like Commonwealth citizens and Irish citizens, are not considered aliens in the United Kingdom.
History
Certain parts of the British Empire were under British suzerainty or effective control but did not become part of the Crown's dominions. These included protected states, protectorates, mandated and trust territories. As these states were considered to be 'foreign' soil, birth in such a place could not, in general, confer British nationality. Instead, the denizens of these states were conferred with the status of British Protected Person.
Originally BPP status was conferred on the subjects of the rulers of the protected states, with those rulers determining who were their subjects. Subsequently, a more sophisticated test of 'belonging' was established by Royal Prerogative under the British Protected Persons Order 1934. BPP status was defined in statute law for the first time by the British Nationality Act 1948.
The British Protectorates, Protected States and Protected Persons Order came into force on 28 January 1949, establishing for the first time a statutory basis for British Protected Person status. The status of statutory BPP was largely replaced that of Royal Prerogative BPP by the 1949 Order. However some persons may still be granted Royal Prerogative BPP status if connected to a former protectorate or protected state, with no other nationality and no prospect of obtaining another nationality.
BPP status was normally lost automatically upon acquisition of the nationality of the country with which the person was connected. In some cases, any person with BPP status connected to that territory lost BPP status, even if they did not acquire the citizenship of another country when the status of a protectorate or trust territory came to an end. While the majority of BPPs connected with former protectorates or trust territories retained BPP status if they did not acquire the citizenship of another country, BPPs connected with former protected states all lost BPP status.
Historically, British Protected Person status was associated with the following kinds of overseas possessions:
Statutory British protected persons
Today a person is a statutory BPP if he or she
Pre-independence
A person born in the British Solomon Islands Protectorate after 1 January 1975 only becomes a BPP if he or she would otherwise have been stateless.
Or if his or her father:
and he or she:
Or if his or her father:
and he or she:
A person whose father was born in the British Solomon Islands Protectorate after 1 January 1975 only becomes a BPP if he or she would otherwise have been stateless.
Post-independence
Or if his or her father:
and he or she:
Or if his or her father:
and he or she:
A person is a BPP if:
he or she:
By registration
A person can apply to be registered as a BPP if:
he or she:
Any person so registered would have lost or will lose their BPP status if they ever acquire or had ever acquired any other nationality.
Before 1 January 1983 the wife or widow of a BPP could apply to be registered as a BPP herself if:
Solomon islands
There are two ways individuals would still have BPP status owing to their connection with the Solomon Islands, these are that:
Like in other protectorates, a person born in the Solomon Islands whose father was at the time of his or her birth a CUKC, was deemed to be a CUKC by birth. This had the effect of allowing United Kingdom and Colonies citizenship to be maintained indefinitely, in contrast to the normal position of the children of CUKCs born outside "Her Majesty's dominions".
People whose United Kingdom and Colonies citizenship was held solely by their connection with a protectorate normally kept that citizenship if they did not became citizens of the independent state formed on that protectorate's demise. This did not occur in the case of the Solomon Islands. CUKCs who held their citizenship for their connection with the Solomon Islands lost that citizenship but were given BPP status if they would otherwise have been stateless.
In common with other Solomon Islands BPPs, the BPP status acquired under this provision is lost if the BPP acquires any other nationality.
British nationality and protectorates
Although most people connected with protectorates and protected states did not acquire British subject status there were some exceptions:
Some of these persons may have lost CUKC at independence of the protectorate or protected state concerned. If they retained CUKC they would generally be British citizens or British Overseas citizens.
Access to British citizenship
British protected persons 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.
Persons otherwise stateless
British protected persons who hold no other citizenship or nationality, and have not lost or renounced any other citizenship or nationality after 4 July 2002 (whether voluntarily or otherwise) may apply to be registered as British citizens.
Loss of BPP status
A British Protected Person who acquires another nationality, voluntarily or otherwise, automatically loses BPP status.
BPPs may be deprived of BPP status on terms similar to those applicable to British citizens.
A BPP may renounce BPP status on the same basis as a British citizen. However, there is no provision to resume BPP status after renunciation.