British Overseas citizen
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In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national.
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British Nationality Act 1981
The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories:
- British citizens
- CUKCs with the right of abode in the United Kingdom and Islands (i.e. the United Kingdom, the Channel Islands and the Isle of Man) by virtue of a close connection therewith, e.g. by birth or descent from a person born in the UK & Islands, became British citizens.
- British Dependent Territories citizens
- CUKCs with a close connection with one of the United Kingdom's Dependent Territories became British Dependent Territories citizens (BDTCs), now renamed British Overseas Territories citizens (BOTCs). It was possible for a person to acquire British citizenship and BDTC at the same time. For example, a person born in Bermuda before 1983 with a parent born in the United Kingdom would have acquired both nationalities.
- British Overseas citizens
- All other CUKCs became British Overseas citizens.
There are categories of British national other than these three, but these consist of persons who were not CUKCs before 1983 or who were connected with Hong Kong before 1997.
British Overseas citizenship is a residual category of British nationality, in that there is very little provision for the acquisition of British Overseas citizenship after 1983; and with the passage of time the category will become extinct. However, when Hong Kong reverted to Chinese rule in 1997, Hong Kong BDTCs who had not applied for the status of British National (Overseas), and who did not become Chinese citizens after the handover (mainly because they were not ethnic Chinese), became British Overseas citizens after the handover.
Sources of British Overseas Citizens
CUKCs before 1983
As British Overseas citizenship is a "mop-up" category for CUKCs who did not acquire British citizenship or BOTC in 1983, there are many ways in which someone may have acquired that status.
These include:
- persons holding CUKC by connection with a former colony or protectorate who did not acquire that country's citizenship on independence. This applied particularly to some former colonies, such as Kenya, that did not grant citizenship to all CUKCs born or naturalised in that colony.
- persons who retained CUKC on independence of their colony based on a connection to another colony which subsequently became independent before 1983
- British subjects born before 1949 who did not acquire citizenship of any Dominion (Australia, Canada, India, Pakistan, Canada, Ceylon, South Africa), Ireland or Southern Rhodesia when these countries introduced citizenship laws, and were not connected in any way with India or Pakistan.
- persons registered as CUKCs by descent before 1983 based on birth in a non-Commonwealth country to a CUKC father (there was no limitation on the number of generations provided the child was less than 12 months old)
- eligible descendants of the Electress Sophia of Hanover. See Sophia Naturalisation Act
- women who acquired CUKC by marriage after 28 October 1971, unless married before that date and with a husband who had right of abode in the UK
- minor children who acquired CUKC by registration at the British High Commission in an independent Commonwealth country on or after 28 October 1971
Penang and Malacca
A special case concerns those connected with the former colonies of Penang or Malacca. On 31 August 1957 these were combined with nine Malay states (Protected States) to form the Federation of Malaya. Although persons from the Protected States lost British protected person status, there was no provision made to withdraw CUKC from those from Penang and Malacca becoming Malaya citizens.
On 16 September 1963, the colonies of North Borneo, Sarawak and Singapore were joined with Malaya to form the Federation of Malaysia (Singapore subsequently left Malaysia in 1965). CUKC was withdrawn from those acquiring Malaysia citizenship in 1963, but this did not affect existing citizens of the Federation.
Hence, persons connected with Penang and Malacca prior to 31 August 1957, together with those born in legitimate descent to fathers so connected before 1983, form the largest group of British Overseas citizens (estimated at over 1 million). Most also hold Malaysian citizenship.
Cyprus
Cyprus became an independent Commonwealth country on 16 August 1960 (the Sovereign Base Areas of Akrotiri and Dhekelia were formed into a new colony at that point), although a nationality law was not enacted until 16 February 1961.
Persons resident in any area of the Commonwealth (excluding Cyprus) immediately before 16 August 1960 retained CUKC even if they acquired Cyprus citizenship.
Acquisition of British Citizenship in 1983
A CUKC who acquired right of abode before 1983 would have become a British citizen on 1 January 1983, instead of a British Overseas citizen. Most commonly this was through:
- descent from a United Kingdom, Channel Islands or Isle of Man born or naturalised parent or grandparent (either paternal or maternal)
- residence in the United Kingdom, Channel Islands or Isle of Man for five years before 1983 together with acquisition of settled status
- if a woman, marriage to a man who possessed right of abode.
See History of British nationality law
Acquisition of British Overseas Citizenship under the 1981 Act
Save for some transitional arrangements made under the 1981 Act (which expired on 31 December 1987) it is normally only possible for a person to acquire British Overseas citizenship if otherwise stateless.
A British Overseas citizen parent does not in itself give rise to a claim to British Overseas citizenship, or any other form of British nationality. This applies whether one is born in the UK or elsewhere.
Access to British Citizenship
British Overseas citizens may normally become British citizens through one of the following routes:
Residence in the United Kingdom
- After 5 years residence in the United Kingdom, and holding Indefinite Leave to Remain (ILR) or its equivalent for at least 12 months, a BOC may apply for registration as a British citizen under section 4 of the British Nationality Act 1981.
- If married to a British citizen, it is possible to apply for naturalisation as a British citizen after 3 years residence in the United Kingdom provided ILR is held on the day of application.
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.
Holding No Other Nationality
British Overseas citizens 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. This is through s4B of the British Nationality Act 1981, in force from 30 April 2003.
- Holding permanent residence in another country does not in itself cause a bar to registration, provided the nationality of that country is not acquired before application for British citizenship is granted (and British citizenship acquired through taking an Oath and Pledge). Subsequent acquisition of another citizenship or nationality does not cause loss of British citizenship.
- Registration under this section confers British citizenship by descent and hence those BOCs permanently resident in the United Kingdom should normally consider section 4 registration or naturalisation instead.
Loss of British Overseas Citizenship
Acquisition of another country's citizenship does not cause loss of British Overseas citizenship. However if an entitlement to registration as a British citizen under section 4B is held it will be lost if the person acquires another nationality before becoming a British citizen.
British Overseas citizens may be deprived of British Overseas citizenship on terms similar to those applicable to British citizens.
A British Overseas citizen may renounce British Overseas citizenship on the same basis as a British citizen. However there is no provision to resume British Overseas citizenship after renunciation.
