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British protected person

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From Wikipedia, the free encyclopedia
Class of British nationality

British citizenship and
nationality law
Introduction
Nationality classes
See also
Law relating to former territories
Relevant legislation

ABritish protected person (BPP) is a member of a class ofBritish nationality associated with formerprotectorates, protected states, and territorialmandates andtrusts under British control. Individuals with this nationality areBritish nationals, but are neither British norCommonwealth citizens. Nationals of this class are subject to immigration controls when entering theUnited Kingdom and do not have the automaticright of abode there or any other country.

This nationality was created to accommodate residents of areas that were under British protection or administration but were not British possessions (as colonies were) orDominions ofthe Crown. As of 2025[update], about 1,100 British protected persons hold validBritish passports with this status and enjoy consular protection when travelling abroad.[1] However, individuals who only hold BPP nationality are effectivelystateless as they are not guaranteed the right to enter the country by which they are protected.

Background

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Portions of theBritish Empire were not incorporated as Crown territory proper and instead considered foreign soil under Britishsuzerainty. These includedprotectorates, protected states,League of Nations mandates, andUnited Nations trust territories. Because they were foreign lands, birth in one of these areas did not automatically conferBritish subject status. Instead, most people associated with these territories were designated as British protected persons.[2]

In the 19th century, the term referred to any member of the native populations of protectorates or to a subject of protected state rulers. Over time, it became a substantial form of nationality.[2] Eligibility requirements for the status were initially not well defined.[3] The designation was given to anyone who was considered to oweallegiance to a local ruler of a state under British protection or who was indigenous to a protectorate without local government.[2] More substantial requirements were codified in 1934; individuals born in protected territories who had no other nationality at birth or those born abroad who would otherwise be stateless to a BPP father, who was himself born in a protected territory, became British protected persons.[4] The status was granted solely byroyal prerogative until it was first statutorily defined in theBritish Nationality Act 1948. As Britain withdrew from its remaining overseas possessions duringdecolonisation, some protected persons remained BPPs despite the independence of their territories.[2] After almost all protected territories had become independent,Parliament severely restricted acquisition of BPP status in 1978.[5]

The several types of protected territories were differentiated by how their administrative structures were established:

Acquisition and loss

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See also:British nationality law
Countries entirely or partially composed of former protectorates and trust territories that current British protected persons may originate from (includes theBritish Solomon Islands in the Pacific Ocean, east ofPapua New Guinea)

Becoming a British protected person is effectively no longer possible.[7] Registration as a BPP is currently only permitted for individuals who have always beenstateless and were born to at least one BPP parent in the United Kingdom or an overseas territory.[8] Prior to decolonisation, individuals born in a protected territory and held no other nationality at birth were British protected persons. The status was transferable by descent to children of BPP fathers (but not mothers) who did not have any other nationality following independence of their territories[9] until 16 August 1978.[5] BPP status was granted in addition to other British nationality classes; an individual can be both a British citizen and a British protected person.[2]

Retaining BPP status past the end of British jurisdiction over a protected territory is dependent on the type of territory it was. Persons connected with former protectorates or trust territories may remain BPPs if they did not acquire citizenship of the relevant countries, while all who were associated with former protected states or mandated territories automatically had the status revoked on independence.[2] For those associated with theBritish Solomon Islands, BPP retention has the added requirement of never having possessed any other nationality. Additionally, Citizens of the United Kingdom and Colonies who were solely connected with that protectorate lost CUKC status on independence and became BPPs instead.[10]

British protected person status is automatically lost if an individual acquires any other nationality or citizenship after 16 August 1978, including other British nationality classes. It can also be voluntarily relinquished by a declaration made to theHome Secretary, provided that an individual already possesses or intends to acquire another nationality. BPP status may be deprived if it was fraudulently acquired. There is no path to restore BPP status once lost.[11]

Rights and privileges

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British protected persons are exempted from obtaining a visa or entry certificate when visiting the United Kingdom for less than six months.[12] When travelling in other countries, they may seek British consular protection.[13] BPPs are also eligible to serve in non-reservedCivil Service posts[14] and enlist in theBritish Armed Forces.[15]

BPPs may become British citizens by registration, rather thannaturalisation, after residing in the United Kingdom for more than five years and possessingindefinite leave to remain for more than one year. Registration confers citizenshipotherwise than by descent, meaning that children born outside of the UK to those successfully registered will be British citizensby descent. Individuals who become British citizens automatically lose their BPP status.[16] BPPs who do not hold and have not lost any other nationality on or after 4 July 2002 are entitled to register as British citizens.[17]

Restrictions

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BPPs who hold no other nationality arede facto stateless because they do not have a right to enter the country that claims them as nationals.[18] TheNationality, Immigration and Asylum Act 2002 allowed these individuals to register as British citizens, after which statelessness was generally resolved for people who were solely BPPs.[17]

United Kingdom

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See also:Right of abode in the United Kingdom

Unlike members of other British nationality classes, British protected persons are notCommonwealth citizens.[19] BPPs are subject to immigration control and have neither the right of abode nor the right to work in the United Kingdom.[13] They are required to pay a "health surcharge" to accessNational Health Service benefits when residing in the UK for longer than six months.[20] They do not have the right to vote in UK elections and are ineligible to stand for election to theHouse of Commons and local government.[21] They are additionally barred from being sitting members in theHouse of Lords.[19]

European Union

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Before theUnited Kingdom withdrew from the European Union on 31 January 2020, full British citizens wereEuropean Union citizens.[22] British protected persons have never been EU citizens and do not enjoyfreedom of movement in other EU countries.[23] They were,[24] and continue to be, exempted from obtaining visas when visiting theSchengen Area.[22]

References

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Citations

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  1. ^FOI Letter on Passports.
  2. ^abcdefgh"Protectorates and Protected States"(PDF). Retrieved1 April 2019.
  3. ^Pollack 1963, p. 144.
  4. ^"No. 34051".The London Gazette. 18 May 1934. p. 3194.
  5. ^abThe British Protectorates, Protected States and Protected Persons Order 1978.
  6. ^"Mandated and Trust Territories"(PDF). Retrieved2 April 2019.
  7. ^INPD Letter on BOCs, at para. 19
  8. ^"British protected persons"(PDF). 1.0.Home Office. 14 July 2017.Archived(PDF) from the original on 29 March 2019. Retrieved29 March 2019.
  9. ^The British Protectorates, Protected States and Protected Persons Order 1974.
  10. ^Solomon Islands Act 1978.
  11. ^"Nationality policy: renunciation of all types of British nationality"(PDF). 3.0.Home Office. 30 January 2018.Archived(PDF) from the original on 8 January 2019. Retrieved1 April 2019.
  12. ^"Check if you need a UK visa".gov.uk.Government of the United Kingdom. Retrieved1 April 2019.
  13. ^ab"Types of British nationality: British protected person".gov.uk.Government of the United Kingdom.Archived from the original on 19 August 2018. Retrieved1 April 2019.
  14. ^"Civil Service Nationality Rules"(PDF).Cabinet Office. November 2007. p. 6.Archived(PDF) from the original on 21 August 2018. Retrieved2 April 2019.
  15. ^"Nationality".British Army. Retrieved2 April 2019.
  16. ^"Guide B(OTA): Registration as a British citizen"(PDF).Home Office. March 2019.Archived(PDF) from the original on 28 March 2019. Retrieved29 March 2019.
  17. ^abNationality, Immigration and Asylum Act 2002.
  18. ^Kaur [2001] C-192/99, at para. 17
  19. ^abBritish Nationality Act 1981.
  20. ^"UK announces health surcharge".gov.uk.Government of the United Kingdom. 27 March 2015.Archived from the original on 11 December 2018. Retrieved8 January 2018.
  21. ^Representation of the People Act 1983.
  22. ^abRegulation (EU) No 2019/592.
  23. ^Kaur [2001] C-192/99, at para. 19–27
  24. ^Regulation (EU) No 2018/1806 Annex II.

Sources

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Correspondence

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Legislation

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Case law

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Publications

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