By Taya Sayekaya – Pupil Immigration Barrister
Though used interchangeably, British nationality and citizenship are usually not the identical factor. On this first publish, we might be exploring the distinction between the 2 phrases, figuring out the six several types of British nationality and continuing to briefly have a look at a few of these in additional element, together with who they cowl and the influence of holding every sort of nationality.
What Is the Distinction Between Nationality and Citizenship?
In exploring the meanings of every time period, we might be counting on the go to textual content, Fransman’s British Nationality Law, by Laurie Fransman QC. Nationality is outlined as being about one’s worldwide id and the way the person belongs “to a sovereign state”. A passport issued by a state, for instance, can present proof that a person belongs to that state. Citizenship, alternatively, is outlined as referring 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 subsequently seems to be on the particular person’s place inside the state while nationality seems to be on the particular person and the state’s relationship on the worldwide degree.
As briefly recognized above, there are six several types of British nationality. These replicate the assorted rights, duties and alternatives which these holding them have.
What Are the Six Kinds of British Nationality?
The six sorts of British nationality are as follows:
- British citizenship;
- British abroad territories citizen;
- British abroad citizen;
- British topic;
- British nationwide (abroad); and
- British protected particular person.
British Citizenship
That is probably the most important sort of nationality because it permits the holder to stay and work within the UK with none immigration restrictions/controls. Understanding whether or not you mechanically qualify for British citizenship could be a sophisticated course of. It’s depending on components akin to, the place and while you had been born and your dad and mom’ circumstances on the time of your delivery. The three commonest methods to qualify for British citizenship by Automated Acquisition are recognized here. These require you to point out that you’re a British citizen by operation of regulation. You’ll need to point out that:
- You had been born within the UK on or after 01 January 1983 and while you had been born both your mom or father was a British citizen or settled within the UK;
- You had been born exterior the UK on or after 01 January 1983 and while you had been born both your mom or father was a British citizen in any other case than by descent; or
- You had been born earlier than 01 January 1983 and instantly earlier than that date you had been a Citizen of the UK and Colonies (CUKC) with a proper of abode in the UK.
As may be seen, 01 January 1983 is a major date and it’s because it’s when the British Nationality Act 1981, the present major Act governing nationality regulation within the UK, got here into power.
There are different methods to acquire British citizenship the place one doesn’t mechanically qualify, these embrace registration (largely however not completely used for functions by minors, these below 18 years of age) and naturalisation.
As a way to naturalise as a British citizen, one is required to have had some type of settlement within the UK as they might want to have been free from any restriction on the time period they’ll keep within the UK, amongst different necessities. This could occur in a wide range of methods, for instance, having indefinite go away to enter the UK, having settled status below Appendix EU (the EU Settlement Scheme) or indefinite go away to stay within the UK. The final possibility presents one of many extra widespread methods for people to settle within the UK. This includes the method of acquiring go away to stay within the UK and this may be, however will not be at all times, in one of many immigration categories that can lead directly to settlement the place the necessities are met, adopted by indefinite go away to stay. As soon as one has some type of settled standing within the UK, as detailed above, and meets the opposite necessities for naturalisation as a British citizen they’ll apply for citizenship. Following the acquisition of citizenship, one can apply for a British passport if they want.
British Abroad Territories Citizen
This class of nationality was beforehand known as the British dependent territories citizenship from 1983 to 26 February 2002.
Robotically British Abroad Territories Residents
People born earlier than 01 January 1983 grew to become British abroad territories residents on 01 January 1983 in the event that they had been a CUKC on 31 December 1982 and had connections with a British abroad territory as a result of they, their dad and mom or grandparents had been born, registered or naturalised in that territory.
People born on or after 01 January 1983 are British abroad territories residents in the event that they had been born in a British abroad territory and on the time of their delivery certainly one of their dad and mom was a British abroad territories citizen or legally settled in such a territory.
If a girl, one may change into a British abroad territories citizen on account of being married to a person who grew to become a British abroad territories citizen on 01 January 1983.
People are additionally British abroad territories residents in the event that they had been both adopted in an abroad territory by a British abroad territories citizen or they had been born exterior the abroad territory to a guardian who had obtained British abroad territories citizenship in their very own proper (obtained this in any other case than by descent).
Can apply to be a British Abroad Territories Citizen
We have now recognized a number of the circumstances which is able to end in people with the ability to apply to be a British abroad territory citizen under. Please word that this isn’t a complete guide and never all of the circumstances recognized within the provisions which permit for registration as a British abroad territories citizen are detailed right here.
If born earlier than 01 January 1983, one can apply to be a British abroad territories citizen if they didn’t mechanically purchase such standing on graduation. They’ll apply if they’ll present they’d have mechanically change into a British Dependent Territories citizen (the previous identify for British abroad territories citizen earlier than February 2002) on graduation had their mom been married to their pure father, who had this nationality standing, on the time of their delivery. This is because of the truth that earlier than the graduation of the BNA 1981, mom’s weren’t in a position to cross on their nationality in the identical means as fathers.
When you had been born on or after 01 January 1983, you’ll be able to apply to change into a British abroad territories citizen, the place you didn’t mechanically change into one on the time of your delivery resulting from the truth that your mom was not married to your pure father, who was the guardian with this nationality standing on the time of your delivery. This is because of the truth that single fathers weren’t in a position to cross on their nationality to kids born earlier than 01 July 2006 as detailed additional here.
What’s a British abroad territory?
The British abroad territories are the 15 territories which have historic ties to the UK. Their sovereign is similar because the UK’s, the King, however they don’t have any representatives within the UK parliament. Constitutionally, the UK’s parliament has limitless energy to legislate in relation to the territories. It has different obligations in the direction of the territories, nonetheless and sure points are devolved to the territories, together with selections referring to inside safety, immigration, social coverage and many others. Ten of the territories are completely inhabited by UK nationals.
Can a British abroad territory citizen purchase British citizenship?
British abroad territories residents mechanically grew to become British residents on 21 Might 2002 in the event that they obtained their British abroad territories citizenship from their connection to a qualifying territory. Examples of qualifying territories embrace, Anguilla, the British Virgin Islands, Cayman Islands, Falkland Islands, Turks and Caicos Islands. One other checklist may be discovered here. As may be seen, not all the territories as discovered within the laws linked additional above are qualifying territories.
When you had been born in a qualifying territory on or after 21 Might 2002, you additionally mechanically grew to become a British citizen at delivery in case your guardian was both a British citizen or settled in that qualifying territory.
As above, there are people who may/can apply for British abroad territories citizenship. Such people are those that didn’t mechanically purchase this standing as a result of their dad and mom weren’t married after they had been born however would have acquired such standing if their mom was married to their pure father and their father had the related nationality standing, or didn’t acquire their standing as a result of their mom was a British abroad territory citizen and couldn’t cross on her nationality on the time of their delivery. If one falls inside these classes, they’ll apply for British citizenship concurrently they apply to change into a British abroad territories citizen if in addition they meet the circumstances to register as a British citizen.
What are my rights as a British abroad territories citizen?
British abroad territories residents can maintain a British passport and get consular help and safety from the UK’s diplomatic posts.
If you’re not a British citizen as set out above and wouldn’t have the appropriate of abode, you’ll nonetheless be topic to immigration management. Which means that you’ll not have the automated proper to stay and/or work within the UK.
British Abroad Citizen
One mechanically grew to become a British abroad citizen on 01 January 1983 if the next two circumstances utilized:
- they had been a CUKC on 31 December 1982; and
- they didn’t change into a British citizen or a British abroad territories citizen on 01 January 1983.
Can I apply to change into a British abroad citizen?
This could occur solely in particular circumstances. You could possibly apply to register as a British abroad citizen in case you are stateless and meet the next standards: you had been born within the UK or an abroad territory and certainly one of your dad and mom is a British abroad citizen.
People who’re stateless may be capable of apply to register as a British abroad citizen in the event that they had been born exterior the UK and qualifying territories, certainly one of their dad and mom is a British abroad citizen they usually have lived within the UK or an abroad territory for not less than 3 years.
Youngsters (these below 18) will also be registered however in particular circumstances.
It’s best to search skilled immigration recommendation if making an immigration utility, there are completely different types which apply relying in your circumstances and it’ll seemingly additional be helpful to think about whether or not there are some other choices accessible to you in your circumstances.
What are my rights as a British abroad citizen?
As with British abroad territories residents you’ll be able to maintain a British passport or get help and safety from the UK’s diplomatic posts.
Until you additionally maintain British citizenship or have the appropriate of abode, additionally, you will nonetheless be topic to immigration management, which means you won’t be able to mechanically stay and work within the UK and you’ll not be thought of a UK nationwide by the European Union.
Can I change into a British citizen?
The straightforward reply is sure, in case you meet certain criteria.
Contact our Immigration Barristers
For skilled recommendation and help along with your nationality matter, contact our immigration barristers in London on 0203 617 9173 or by way of our enquiry type under.
