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What is the British overseas citizenship?
Published: Tuesday | December 6, 20114 Comments
John S. Bassie
Dear Mr Bassie,
I have heard that there are various types of British citizenship and I have heard the term 'British overseas citizen'. Could you please explain what this is? Thanks.
Published: Tuesday | December 6, 20114 Comments
John S. Bassie
Dear Mr Bassie,
I have heard that there are various types of British citizenship and I have heard the term 'British overseas citizen'. Could you please explain what this is? Thanks.
- W.P.
Dear W.P.,
Thank you for your question.
The category that you have asked about - 'British overseas citizenship' - is a category of citizenship that was created by the British Nationality Act 1981 and which came into force on January 1, 1983.
By this act, a person could become a British overseas citizen on January 1, 1983, if he or she were a citizen of the United Kingdom and colonies on 31 December 1982; and if he or she did not become either a British citizen or a British overseas territories citizen on January 1, 1983.
It is also worth noting that, before February 26, 2002, the British overseas territories were known as the British Dependent Territories, and British overseas territories citizenship was known as 'British Dependent Territories citizenship'. However, in the answer I am providing, it will be referred to by its current name, British overseas territories citizenship.
You should be aware that usually a person could have become a British citizen on January 1, 1983 if he or she were a citizen of the United Kingdom and colonies by birth, descent, legal adoption, naturalisation or registration in the United Kingdom, or if they lived in the United Kingdom, while a citizen of the United Kingdom and colonies, for at least five years at any time before January 1, 1983.
In most cases, a person could have become a British overseas territories citizen on January 1, 1983 if he or she were a citizen of the United Kingdom and colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on January 1, 1983.
It is worth noting that if a person was a British overseas territories citizen only because he or she had a connection with Hong Kong, he or she would have lost that citizenship automatically on June 30, 1997, when sovereignty returned to China. However, if the person had no other nationality, and would have become stateless, then that person would have become a British overseas citizen on July 1, 1997; or if that person were born on or after July 1, 1997, and would otherwise have been born stateless, then he or she would be a British overseas citizen if, when that person were born, one of his/her parents was a British national (overseas) or a British overseas citizen.
Just for completeness you should be aware that special rules were introduced in 1986 to allow British overseas territories citizens from Hong Kong to acquire the new status of British (national) overseas. Those who did not register as British nationals (overseas) on July 1, 1997 and had no other nationality or citizenship on June 30, 1997 became British overseas citizens.
John S. Bassie is a barrister/attorney-at-Law who practises law in Jamaica. He is a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator. Email: lawbassie@yahoo.com.
Dear W.P.,
Thank you for your question.
The category that you have asked about - 'British overseas citizenship' - is a category of citizenship that was created by the British Nationality Act 1981 and which came into force on January 1, 1983.
By this act, a person could become a British overseas citizen on January 1, 1983, if he or she were a citizen of the United Kingdom and colonies on 31 December 1982; and if he or she did not become either a British citizen or a British overseas territories citizen on January 1, 1983.
It is also worth noting that, before February 26, 2002, the British overseas territories were known as the British Dependent Territories, and British overseas territories citizenship was known as 'British Dependent Territories citizenship'. However, in the answer I am providing, it will be referred to by its current name, British overseas territories citizenship.
You should be aware that usually a person could have become a British citizen on January 1, 1983 if he or she were a citizen of the United Kingdom and colonies by birth, descent, legal adoption, naturalisation or registration in the United Kingdom, or if they lived in the United Kingdom, while a citizen of the United Kingdom and colonies, for at least five years at any time before January 1, 1983.
In most cases, a person could have become a British overseas territories citizen on January 1, 1983 if he or she were a citizen of the United Kingdom and colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on January 1, 1983.
It is worth noting that if a person was a British overseas territories citizen only because he or she had a connection with Hong Kong, he or she would have lost that citizenship automatically on June 30, 1997, when sovereignty returned to China. However, if the person had no other nationality, and would have become stateless, then that person would have become a British overseas citizen on July 1, 1997; or if that person were born on or after July 1, 1997, and would otherwise have been born stateless, then he or she would be a British overseas citizen if, when that person were born, one of his/her parents was a British national (overseas) or a British overseas citizen.
Just for completeness you should be aware that special rules were introduced in 1986 to allow British overseas territories citizens from Hong Kong to acquire the new status of British (national) overseas. Those who did not register as British nationals (overseas) on July 1, 1997 and had no other nationality or citizenship on June 30, 1997 became British overseas citizens.
John S. Bassie is a barrister/attorney-at-Law who practises law in Jamaica. He is a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator. Email: lawbassie@yahoo.com.
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