Although used interchangeably, British nationality and citizenship are not the same thing. In this first post, we will be exploring the difference between the two terms, identifying the six different types of British nationality and proceeding to briefly look at some of these in further detail, including who they cover and the impact of holding each type of nationality.
What Is the Difference Between Nationality and Citizenship?
In exploring the meanings of each term, we will be relying on the go to text, Fransman's British Nationality Law, by Laurie Fransman QC. Nationality is defined as being about one's international identity and how the individual belongs "to a sovereign state". A passport issued by a state, for example, can provide evidence that an individual belongs to that state. Citizenship, on the other hand, is defined as relating to the "various rights, duties and opportunities that define one's place and conduct in society, such as voting, standing for election, jury service, state financial assistance, and health care and state-sponsored education." Citizenship therefore looks at the individual's position within the state whilst nationality looks at the individual and the state's relationship on the international level.
As briefly identified above, there are six different types of British nationality. These reflect the various rights, duties and opportunities which those holding them have.
What Are the Six Types of British Nationality?
The six types of British nationality are as follows:
- British citizenship;
- British overseas territories citizen;
- British overseas citizen;
- British subject;
- British national (overseas); and
- British protected person.
British Citizenship
This is the most significant type of nationality as it allows the holder to live and work in the UK without any immigration restrictions/controls. Understanding whether you automatically qualify for British citizenship can be a complicated process. It is dependent on factors such as, where and when you were born and your parents' circumstances at the time of your birth. The three most common ways to qualify for British citizenship by Automatic Acquisition are identified here. These require you to show that you are a British citizen by operation of law. You will need to show that:
- You were born in the UK on or after 01 January 1983 and when you were born either your mother or father was a British citizen or settled in the UK;
- You were born outside the UK on or after 01 January 1983 and when you were born either your mother or father was a British citizen otherwise than by descent; or
- You were born before 01 January 1983 and immediately before that date you were a Citizen of the UK and Colonies (CUKC) with a right of abode in the United Kingdom.
As can be seen, 01 January 1983 is a significant date and this is because it is when the British Nationality Act 1981, the current primary Act governing nationality law in the UK, came into force.
There are other ways to obtain British citizenship where one does not automatically qualify, these include registration (mostly but not exclusively used for applications by minors, those under 18 years of age) and naturalisation.
In order to naturalise as a British citizen, one is required to have had some form of settlement in the UK as they will need to have been free from any restriction on the period of time they can stay in the UK, amongst other requirements. This can happen in a variety of ways, for example, having indefinite leave to enter the UK, having settled status under Appendix EU (the EU Settlement Scheme) or indefinite leave to remain in the UK. The last option presents one of the more common ways for individuals to settle in the UK. This involves the process of obtaining leave to remain in the UK and this can be, but is not always, in one of the immigration categories that can lead directly to settlement where the requirements are met, followed by indefinite leave to remain. Once one has some form of settled status in the UK, as detailed above, and meets the other requirements for naturalisation as a British citizen they can apply for citizenship. Following the acquisition of citizenship, one can apply for a British passport if they wish.
British Overseas Territories Citizen
This category of nationality was previously referred to as the British dependent territories citizenship from 1983 to 26 February 2002.
Automatically British Overseas Territories Citizens
Individuals born before 01 January 1983 became British overseas territories citizens on 01 January 1983 if they were a CUKC on 31 December 1982 and had connections with a British overseas territory because they, their parents or grandparents were born, registered or naturalised in that territory.
Individualsborn on or after 01 January 1983 are British overseas territories citizens if they were born in a British overseas territory and at the time of their birth one of their parents was a British overseas territories citizen or legally settled in such a territory.
If a woman, one could become a British overseas territories citizen as a result of being married to a man who became a British overseas territories citizen on 01 January 1983.
Individuals are also British overseas territories citizens if they were either adopted in an overseas territory by a British overseas territories citizen or they were born outside the overseas territory to a parent who had obtained British overseas territories citizenship in their own right (obtained this otherwise than by descent).
Can apply to be a British Overseas Territories Citizen
We have identified some of the circumstances which will result in individuals being able to apply to be a British overseas territory citizen below. Please note that this is not a comprehensive guide and not all the circumstances identified in the provisions which allow for registration as a British overseas territories citizen are detailed here.
If born before 01 January 1983, one can apply to be a British overseas territories citizen if they did not automatically acquire such status on commencement. They can apply if they can show they would have automatically become a British Dependent Territories citizen (the former name for British overseas territories citizen before February 2002) on commencement had their mother been married to their natural father, who had this nationality status, at the time of their birth. This is due to the fact that before the commencement of the BNA 1981, mother's were not able to pass on their nationality in the same way as fathers.
If you were born on or after 01 January 1983, you can apply to become a British overseas territories citizen, where you did not automatically become one at the time of your birth due to the fact that your mother was not married to your natural father, who was the parent with this nationality status at the time of your birth. This is due to the fact that unmarried fathers were not able to pass on their nationality to children born before 01 July 2006 as detailed further here.
What is a British overseas territory?
The British overseas territories are the 15 territories which have historic ties to the UK. Their sovereign is the same as the UK's, the King, but they do not have any representatives in the UK parliament. Constitutionally, the UK's parliament has unlimited power to legislate in relation to the territories. It has other responsibilities towards the territories, however and certain issues are devolved to the territories, including decisions relating to internal security, immigration, social policy etc. Ten of the territories are permanently inhabited by UK nationals.
Can a British overseas territory citizen acquire British citizenship?
British overseas territories citizens automatically became British citizens on 21 May 2002 if they obtained their British overseas territories citizenship from their connection to a qualifying territory. Examples of qualifying territories include, Anguilla, the British Virgin Islands, Cayman Islands, Falkland Islands, Turks and Caicos Islands. Another list can be found here. As can be seen, not all of the territories as found in the legislation linked further above are qualifying territories.
If you were born in a qualifying territory on or after 21 May 2002, you also automatically became a British citizen at birth if your parent was either a British citizen or settled in that qualifying territory.
As above, there are individuals who could/can apply for British overseas territories citizenship. Such individuals are those who did not automatically acquire this status because their parents were not married when they were born but would have acquired such status if their mother was married to their natural father and their father had the relevant nationality status, or did not obtain their status because their mother was a British overseas territory citizen and could not pass on her nationality at the time of their birth. If one falls within these categories, they can apply for British citizenship at the same time as they apply to become a British overseas territories citizen if they also meet the conditions to register as a British citizen.
What are my rights as a British overseas territories citizen?
British overseas territories citizens can hold a British passport and get consular assistance and protection from the UK's diplomatic posts.
If you are not a British citizen as set out above and do not have the right of abode, you will still be subject to immigration control. This means that you will not have the automatic right to live and/or work in the UK.
British Overseas Citizen
One automatically became a British overseas citizen on 01 January 1983 if the following two conditions applied:
- they were a CUKC on 31 December 1982; and
- they did not become a British citizen or a British overseas territories citizen on 01 January 1983.
Can I apply to become a British overseas citizen?
This can happen only in specific circumstances. You may be able to apply to register as a British overseas citizen if you are stateless and meet the following criteria: you were born in the UK or an overseas territory and one of your parents is a British overseas citizen.
Individuals who are stateless may also be able to apply to register as a British overseas citizen if they were born outside the UK and qualifying territories, one of their parents is a British overseas citizen and they have lived in the UK or an overseas territory for at least 3 years.
Children (those under 18) can also be registered but in special circumstances.
You should seek expert immigration advice if making an immigration application, there are different forms which apply depending on your circumstances and it will likely further be useful to consider whether there are any other options available to you in your circumstances.
What are my rights as a British overseas citizen?
As with British overseas territories citizens you can hold a British passport or get assistance and protection from the UK's diplomatic posts.
Unless you also hold British citizenship or have the right of abode, you will also still be subject to immigration control, meaning you will not be able to automatically live and work in the UK and you will not be considered a UK national by the European Union.
Can I become a British citizen?
The simple answer is yes, if you meet certain criteria.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.