Nationality is the legal status of belonging to a particular nation , defined as a group of people organized in one country, under one legal jurisdiction, or as a group of people who are united on the basis of culture.
158-838: The primary law governing nationality in the United Kingdom is the British Nationality Act 1981 , which came into force on 1 January 1983. Regulations apply to the British Islands , which include the UK itself (England, Wales, Scotland, and Northern Ireland) and the Crown dependencies (Jersey, Guernsey, and the Isle of Man); and the 14 British Overseas Territories . The six classes of British nationality each have varying degrees of civil and political rights , due to
316-542: A Document of Identity for Visa Purposes for travel. This restriction disproportionally affects ease of travel for permanent residents of South Asian ethnicity , who were not granted Chinese nationality in 1997. As an additional consequence, Hongkongers seeking early pre-retirement withdrawals from the Mandatory Provident Fund pension scheme may not use BN(O) passports for identity verification. BN(O)s are barred from registering same-sex marriages at
474-574: A Mainland Travel Permit to enter mainland China. Until 31 January 2021, BN(O)s were able to use their BN(O) passports for immigration clearance in Hong Kong and to seek consular protection from overseas Chinese diplomatic missions . Since that date, the Chinese and Hong Kong governments have prohibited the use of BN(O) passports as travel documents or proof of identity. BN(O)s who do not possess Chinese (or any other) nationality are required to use
632-487: A "state of ongoing non-compliance" with the Joint Declaration. Becoming a British National (Overseas) is no longer possible. Acquisition was not an automatic process and eligible residents had to have applied for the status between 1 July 1987 and the end of the registration period. Registration deadlines were assigned to applicants by their birth year. The last date on which eligible applicants could register
790-657: A BN(O) passport, because the status does not entitle its holders to the right of abode in either the United Kingdom or Hong Kong, they may face restrictions when travelling to either place and are not treated identically to British citizens when entering other countries. The Joint Declaration allows continued use of foreign passports as travel documents post-handover, but the Chinese and Hong Kong governments have not allowed BN(O) passports to be used for immigration clearance since 31 January 2021. British Nationals (Overseas) are subject to immigration controls and have neither
948-508: A BOTC on the effective day of adoption if either parent is a BOTC or has belonger status. In all cases that an individual is a British Overseas Territories citizen at birth or adoption within the territories, that person is a BOTC otherwise than by descent. Individuals born outside of the territories are BOTCs by descent if either parent is a BOTC otherwise than by descent. Unmarried fathers cannot automatically pass on BOTC status, and it would be necessary for them to register children as BOTCs. If
1106-587: A British citizen has no effect on BN(O) status, someone can concurrently possess a British citizen passport and a BN(O) passport. Alternatively, the British citizen passport can be issued upon request with the observation that states the holder's right of abode in Hong Kong, and the British National (Overseas) status. Prior to 1997, BN(O)s in qualified occupational classes were eligible to register as British citizens without UK residence requirements under
1264-484: A British territory became British Overseas citizens . The definition of "British subject" became limited to include only the category of people previously called British subjects without citizenship who held that status through a connection with former British India or Ireland before 1949. In 1973, the United Kingdom joined the European Communities (EC), a set of organisations that later developed into
1422-421: A child born in the UK is dependent on whether their parents held British citizenship or settled status at the time of their birth. Irish citizens residing in the UK are deemed to hold settled status upon arrival. Regulations concerning settled status for other European Union (EU), European Economic Area (EEA) and Swiss citizens have changed greatly over time, affecting the status of their children born during
1580-544: A choice to continue living under British rule. Proponents argued that giving Hongkongers the right of abode as an "insurance policy" to protect against a potential curbing of civil freedoms by communist authorities after the handover would encourage them to stay in the territory and help prevent a mounting brain drain . BDTCs in Gibraltar and the Falkland Islands were already given access to citizenship, and it
1738-564: A colony were still entitled to imperial protection. Certain territories that came under British jurisdiction were not formally incorporated as Crown territory proper. These included protectorates, protected states, mandated territories, and Indian princely states. Because domestic law treated these areas as foreign territory, birth in one of these areas did not automatically confer British subject status. Instead, most people associated with these territories were designated as British protected persons. British protected persons were treated as aliens in
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#17327649087321896-533: A connection with Hong Kong. Connection in this context generally means having acquired BDTC status by birth or naturalisation in the colony, or by birth to a parent who fulfilled these requirements. While about 3.4 million people acquired BN(O) nationality, 2.5 million non-BDTC residents (virtually all Chinese nationals) were ineligible. Those ineligible who wished to register as BN(O)s were required to have been naturalised as Hong Kong-connected BDTCs by 31 March 1996. Acquiring Hong Kong BDTC status other than by birth
2054-631: A declaration made to the Home Secretary provided that the declarant already possesses or intends to acquire another nationality. Prior to 1 July 1997, deprivation of this nationality was also tied to the loss of British Dependent Territories citizenship. Individuals who successfully registered as British citizens under the British Nationality Selection Scheme automatically lost BDTC status, and consequently also lost BN(O) nationality if they had acquired it. There
2212-532: A declaration to the Home Secretary , provided that the declarant possesses or intends to acquire another nationality. Former British citizens or BOTCs may subsequently apply for nationality restoration. Applicants who had originally renounced their British nationality in order to retain or acquire another nationality are entitled to register as British citizens or BOTCs once. Any subsequent renunciation and application for restoration, or someone applying for restoration who originally renounced their British nationality for
2370-537: A lawyer-run website, in 2022, found at least 464 people's citizenships were revoked in the last 15 years. After the Nationality, Immigration and Asylum Act 2002 came into force British nationals could be deprived of their citizenship if and only if the Secretary of State was satisfied they were responsible for acts seriously prejudicial to the vital interests of the United Kingdom or an Overseas Territory. This
2528-474: A material fact, if they are satisfied that the order would make a person stateless. This provision was again modified by the Immigration Act 2014 so as not to require that a third country would actually grant nationality to a person; British nationality can be revoked if "the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside
2686-411: A memorandum attached to the Joint Declaration that concerned transitional arrangements for the nationality of residents, which included a stipulation that a new nationality would be created for Hongkongers that did not confer right of abode in the United Kingdom. The Hong Kong Act 1985 created the British National (Overseas) status to fulfil this requirement. All BDTCs who did not have a connection with
2844-406: A national nor a citizen, but a British subject . British citizenship was not created until passage of the British Nationality Act 1981 . This Act defined six types of nationality with varying degrees of civil and political rights, dependent on a person's connections with the United Kingdom, overseas territories, or former colonies. British citizens hold their status because of a close connection with
3002-410: A national of a state, in the sense of being its citizen , without subjectively or emotionally feeling a part of that state, for example a migrant may identify with their ancestral and/or religious background rather than with the state of which they are citizens. Conversely, a person may feel that he belongs to one state without having any legal relationship to it. For example, children who were brought to
3160-522: A national of one state required rejecting the previous state. Dual nationality was considered a problem that caused a conflict between states and sometimes imposed mutually exclusive requirements on affected people, such as simultaneously serving in two countries' military forces. Through the middle of the 20th century, many international agreements were focused on reducing the possibility of dual nationality. Since then, many accords recognizing and regulating dual nationality have been formed. Statelessness
3318-505: A parent holding one of these statuses would otherwise be stateless. British Overseas citizens retain their status by association with most former British colonies, British subjects are connected specifically with Ireland or British India before 1949, and British protected persons are associated with territories that were under British control but not formally incorporated as part of the British Empire. British National (Overseas) status
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#17327649087323476-461: A parent is a BOTC by descent, additional requirements apply to register children as BOTCs. Parents in Crown service who have children abroad are exempted from these circumstances, and their children would be BOTCs otherwise than by descent, as if they had been born on their home territory. Foreigners and non-BOTC British nationals may naturalise as British Overseas Territories citizens after residing in
3634-434: A peak of 139,000 in 2001, just over 7,600 passports were issued in 2011. The usage and renewals of BN(O) passports have decreased, potentially influenced by the expansion of visa-free regions offered by HKSAR passports. This trend of decline began to reverse in the mid-2010s amid political unrest following the 2014 Hong Kong protests ; about 37,000 BN(O)s renewed their passports in 2016. Renewals increased sharply following
3792-481: A period before the birth. Adopted children are treated as if they were naturally born to the adopting parents at the time of adoption. Children born abroad to members of the British Armed Forces or British citizens on Crown service are treated as if they were born in the UK. Children born in the UK to a resident Irish citizen at any time are always British citizens at birth. Since 1983, the status of
3950-468: A person does not reside for a specified period of time, they can automatically lose their nationality. To protect those individuals from being deemed "stateless", the 1961 Statelessness Convention places limitations on nationality laws. The following list includes states in which parents are able to confer nationality on their children or spouses. British National (Overseas) British National (Overseas) , abbreviated as BN(O) ,
4108-459: A person's legal belonging to a sovereign state and is the common term used in international treaties when addressing members of a country, while citizenship usually means the set of rights and duties a person has in that nation. This distinction is clearly defined in many non-English speaking countries but not in the Anglosphere . Historically, an individual associated with Britain was neither
4266-582: A reason unrelated to acquiring or retaining an alternate nationality, would be subject to the discretionary approval of the Home Secretary. British subjects (other than British subjects by virtue of a connection with the Republic of Ireland) and British protected persons lose British nationality upon acquiring any other form of nationality. The British government does not publish the number of people it strips of citizenship, but independent research by
4424-542: A remaining British Dependent Territory other than Hong Kong lost BDTC status on the day of the transfer in 1997. Ethnic Chinese Hongkongers became Chinese nationals and could only retain British nationality if they had registered as BN(O)s before the handover. Residents who were not ethnically Chinese, had not registered as BN(O)s, and would have been stateless on that date automatically became British Overseas citizens . The deprivation of full passports and nationality rights for Hongkongers, and its reinforcement as part of
4582-642: A republic and removed the British monarch's remaining official functions in the Irish state. This was recognised by Britain after passage of the Ireland Act 1949 . Although Irish citizens have no longer been defined as British subjects in British law since 1949, they continue to be treated as non-foreign in the United Kingdom and retain the same rights and privileges exercised by Commonwealth citizens; Irish citizens remain eligible to vote and stand for parliament in
4740-599: A residence permit that BN(O)s and their dependent family members have been able to apply for since 31 January 2021. BN(O)s and their dependents who arrived in the UK before the new immigration route became available were granted "Leave Outside the Rules" at the discretion of the Border Force to remain in the country for up to six months as a temporary measure. Despite the COVID-19 pandemic , about 7,000 people had entered
4898-506: A rush among residents to seek permanent residency or citizenship in other countries. Residents feared an erosion of civil rights, the rule of law, and quality of life after the transition to Chinese rule, suspicions that were only exacerbated by the Tiananmen incident. Over a half million people left Hong Kong during the peak migration period from 1987 to 1996. Skepticism in the Chinese government's commitment to Hong Kong's future autonomy
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5056-557: A similar distinction as well before 1983, where all nationals with a connection to the UK or one of the colonies were classified as Citizens of the United Kingdom and Colonies , but their rights were different depending on the connection under different laws, which was formalised into different classes of nationalities under the British Nationality Act 1981 . Nationality is sometimes used simply as an alternative word for ethnicity or national origin, just as some people assume that citizenship and nationality are identical. In some countries,
5214-424: A subject by royal prerogative . By this method, a foreigner became a denizen – although they were no longer considered an alien, they could not pass subject status to their children by descent and were barred from Crown service and public office. This mechanism was no longer used after 1873. Until the mid-19th century, it was unclear whether nationality regulations in the United Kingdom were applicable elsewhere in
5372-494: A territory for more than five years and possessing belonger status or permanent residency for more than one year. The residency requirement is reduced to three years if an applicant is married to a BOTC. All applicants for naturalisation and registration are normally considered by the governor of the relevant territory , but the Home Secretary retains discretionary authority to grant BOTC status. Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to
5530-525: A violation of that agreement. On the other hand, the Chinese government considers even these restricted grants to be a breach of the treaty and specifically disregards the British citizenship of those who obtained it under the BNSS. Legislative Councillors derided the Selection Scheme as a thinly veiled attempt by the British government to absorb only the wealthy and well-educated elite and accused
5688-629: A visa to remain in the UK for longer than six months and do not qualify for most welfare programmes. The vast majority of British Nationals (Overseas) are ethnically Chinese and were automatically granted Chinese nationality at the transfer of sovereignty in 1997. Individuals who hold Chinese nationality concurrently with any other nationality, including BN(O) status, are treated solely as Chinese nationals under Chinese nationality law . Consequently, most BN(O)s do not have access to British consular protection while in Hong Kong, Macau, or mainland China. Additionally, BN(O)s who are Chinese nationals must use
5846-489: A woman's consent to marry a foreigner was also assumed to be intent to denaturalise ; British women who married foreign men automatically lost their British nationality. There were two exceptions to this: a wife married to a husband who lost his British subject status was able to retain British nationality by declaration, and a British-born widow or divorcée who had lost her British nationality through marriage could reacquire that status without meeting residence requirements after
6004-649: A woman's nationality after her marriage. Irish resistance to the Union and desire for local self-governance led to the Irish War of Independence . During the war, the island of Ireland was partitioned into two parts . Arising from the Anglo-Irish Treaty that ended the war, Southern Ireland became the Irish Free State in 1922, while Northern Ireland remains part of the United Kingdom. Under
6162-448: Is a British citizen or considered to have settled status in the UK. Section 2 of the Act establishes that adults born overseas are British citizens by descent if either parent is a citizen otherwise than by descent, subject to regulations. Section 3 of the Act establishes also that minors may be entitled to be citizens by registration if a parent is a citizen by descent who lived in the UK for
6320-559: Is a British citizen or holds settled status . Foreign nationals may naturalise as British citizens after meeting a minimum residence requirement (usually five years) and acquiring settled status. The United Kingdom was previously a member state of the European Union (EU) and British citizens held full EU citizenship . They had held automatic and permanent permission to live and work in any EU or European Free Trade Association (EFTA) country and were able to vote in elections to
6478-526: Is a British national. Of these statuses, only British citizenship grants automatic right of abode in the United Kingdom . British Overseas Territories are areas outside of the British Islands where the UK holds sovereignty. Since 2002, nearly all BOTCs also hold British citizenship, except for those associated with Akrotiri and Dhekelia . The other four categories are residual nationality classes that generally cannot be acquired. BOCs are people connected with former British colonies who have no close ties to
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6636-629: Is a class of British nationality associated with the former colony of Hong Kong . The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for former BDTCs; current residents cannot newly acquire this nationality. BN(O)s are British nationals and Commonwealth citizens , but not British citizens . They are subject to immigration controls when entering
6794-424: Is awarded based on two well-known principles: jus sanguinis and jus soli . Jus sanguinis translated from Latin means "right of blood". According to this principle, nationality is awarded if the parent(s) of the person are nationals of that country. Jus soli is referred to as "birthright citizenship". It means, anyone born in the territory of the country is awarded nationality of that country. Statelessness
6952-415: Is called naturalization . Each state determines in its nationality law the conditions ( statute ) under which it will recognize persons as its nationals, and the conditions under which that status will be withdrawn . Some countries permit their nationals to have multiple nationalities , while others insist on exclusive allegiance . Due to the etymology of nationality , in older texts or other languages
7110-505: Is defined by the 1954 Statelessness Convention as "a person who is not considered a national by any State under operation of its law.” A person can become stateless because of administrative reasons. For example, "A person may be at risk of statelessness if she is born in a State that applies jus sanguinis while her parents were born in a State that applies jus soli , leaving the person ineligible for citizenship in both States due to conflicting laws." Moreover, there are countries in which if
7268-449: Is dependent on how they obtained BDTC status. Remaining BN(O)s who held no other citizenship or nationality on or before 19 March 2009 are entitled to register as British citizens by descent . However, if a BN(O) acquires another citizenship or nationality and renounces it after either applicable date before applying to register as a British citizen, that person would not be eligible. Although British National (Overseas)s may travel using
7426-563: Is focused on the internal political life of the state and nationality is the dimension of state membership in international law . Article 15 of the Universal Declaration of Human Rights states that everyone has the right to nationality. As such nationality in international law can be called and understood as citizenship, or more generally as subject or belonging to a sovereign state , and not as ethnicity. This notwithstanding, around 10 million people are stateless . Today,
7584-408: Is no path to restore BN(O) status once lost. British Nationals (Overseas) are exempted from obtaining visas or entry certificates when visiting the United Kingdom for less than six months. They and their dependent family members are eligible to apply for the "British National (Overseas) visa", an indefinitely renewable residence permit valid for either a period of 30 months or 5 years. BN(O)s under
7742-539: Is not defined by political borders or passport ownership and includes nations that lack an independent state (such as the Arameans , Scots , Welsh , English , Andalusians , Basques , Catalans , Kurds , Kabyles , Baluchs , Pashtuns , Berbers , Bosniaks , Palestinians , Hmong , Inuit , Copts , Māori , Wakhis , Xhosas and Zulus , among others). National identity is person's subjective sense of belonging to one state or to one nation. A person may be
7900-528: Is often used as translation of the Russian nacional'nost' and Serbo-Croatian narodnost , which were the terms used in those countries for ethnic groups and local affiliations within the member states of the federation . In the Soviet Union, more than 100 such groups were formally recognized. Membership in these groups was identified on Soviet internal passports , and recorded in censuses in both
8058-496: Is resistant to answering questions, for example under the Freedom of Information Act 2000 . It appears that the government usually waits until the person has left Britain, then sends a warning notice to their British home and signs a deprivation order a day or two later. Appeals are heard at the highly secretive Special Immigration Appeals Commission (SIAC), where the government can submit evidence that cannot be seen or challenged by
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#17327649087328216-449: Is the condition in which an individual has no formal or protective relationship with any state. There are various reasons why a person can become stateless. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country rejects all offspring of mothers married to foreign fathers, but the father's country rejects all offspring born to foreign mothers. People in this situation may not legally be
8374-463: Is the status or relationship that gives the nation the right to protect a person from other nations. Diplomatic and consular protection are dependent upon this relationship between the person and the state. A person's status as being the national of a country is used to resolve the conflict of laws . Within the broad limits imposed by a few treaties and international law, states may freely define who are and are not their nationals. However, since
8532-469: The Nottebohm case , other states are only required to respect the claim(s) by a state to protect an alleged national if the nationality is based on a true social bond. In the case of dual nationality, the states may determine the most effective nationality for the person, to determine which state's laws are the most relevant. There are also limits on removing a person's status as a national. Article 15 of
8690-717: The Acts of Union 1707 , English and Scottish subjects became British subjects. Similarly, the Kingdom of Ireland was merged with the Kingdom of Great Britain to form the United Kingdom of Great Britain and Ireland in 1801. Natural-born subjects were considered to owe perpetual allegiance to the Crown and could not voluntarily renounce British subject status until this was first permitted in 1870. Prior to 1708, foreigners could only be naturalised through Acts of Parliament . Protestants fleeing religious persecution in mainland Europe were allowed to naturalise as subjects in 1708, but this
8848-601: The Basque Country as " nationalities " ( nacionalidades ). In 2013, the Supreme Court of Israel unanimously affirmed the position that "citizenship" (e.g. Israeli) is separate from le'om ( Hebrew : לאום ; "nationality" or "ethnic affiliation"; e.g. Jewish , Arab , Druze , Circassian ), and that the existence of a unique "Israeli" le'om has not been proven. Israel recognizes more than 130 le'umim in total. The older ethnicity meaning of "nationality"
9006-639: The British Consulate-General, Hong Kong . Consular same-sex marriages under UK law are contingent on local authority approval, which the Hong Kong government has explicitly denied. Conversely, Chinese authorities have not prohibited these marriages from taking place in mainland China. Although registration for BN(O) status was dependent on permanent residency, it is possible for holders of this status to lose right of abode in Hong Kong . Non-Chinese nationals who hold permanent residency or citizenship outside of Hong Kong and have not returned to
9164-477: The British Empire . Individual colonies had each developed their own procedures and requirements for naturalisation, granting subject status at the discretion of the local governments. In 1847, Parliament formalised a clear distinction between subjects who were naturalised in the UK and those who became British subjects in other territories. Individuals who naturalised in the UK were deemed to have received
9322-425: The British Nationality Act 1981 , CUKCs were reclassified into different nationality groups based on their ancestry and birthplace, and the vast majority of British subjects in Hong Kong became British Dependent Territories citizens (BDTCs) with the right of abode only in Hong Kong . Only those reclassified as British citizens held an automatic right to live in the United Kingdom . The British government issued
9480-580: The British Nationality Selection Scheme at the discretion of the Governor of Hong Kong . Additionally, BN(O)s who are not Chinese nationals and held no foreign nationality on 3 February 1997, who were ordinarily resident in Hong Kong on that date, and who continue to reside there are entitled to register as British citizens. Children born after that date who later became BN(O)s and fulfil the other requirements may also register for citizenship. Whether these applicants receive citizenship by descent or otherwise
9638-539: The British Nationality and Status of Aliens Act 1914 ( 4 & 5 Geo. 5 . c. 17). British subject status was standardised as a common nationality across the Empire. Dominions that adopted Part II of this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalisation. The 1914 regulations codified the doctrine of coverture into imperial nationality law, where
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#17327649087329796-533: The English , Welsh , or Scottish Gaelic languages and pass the Life in the United Kingdom test . Individuals born in a territory automatically receive BOTC status if at least one parent is a BOTC or has belonger status . Children born in an overseas territory to British citizen parents who are not settled in a territory are British citizens at birth, but not BOTCs. Parents do not necessarily need to be connected with
9954-529: The European Union (EU). British citizens were able to work in other EC/EU countries under the freedom of movement for workers established by the 1957 Treaty of Rome and participated in their first European Parliament elections in 1979 . With the creation of European Union citizenship by the 1992 Maastricht Treaty , free movement rights were extended to all nationals of EU member states regardless of their employment status. The scope of these rights
10112-552: The European Union Settlement Scheme or another path. Foreign nationals may naturalise as British citizens after residing in the UK for more than five years and possessing indefinite leave to remain (ILR) for at least one year. The residency requirement is reduced to three years if an applicant is married to a British citizen and they immediately become eligible for naturalisation after receiving ILR or equivalent. Applicants must demonstrate proficiency in
10270-885: The Foreign, Commonwealth and Development Office ), be granted British honours , receive peerages , and sit in the House of Lords . If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons and local government. About 2.9 million people retain BN(O) nationality, with about 720,000 of them holding valid British passports with the status as of 2024. When travelling in other countries, they may seek British consular protection. BN(O)s (as well as all other British nationals) who are in same-sex relationships may choose to register marriages under UK law at British diplomatic missions in countries where such unions would otherwise be illegal , subject to
10428-438: The Home Secretary to remain British subjects under this definition. Additionally, those who did not qualify for CUKC status or citizenship in other Commonwealth countries, or were connected with a country that had not yet defined citizenship laws, would transitionally remain British subjects in this group. Despite the accommodations for republics, Ireland ended its Commonwealth membership in 1948 when it formally declared itself
10586-578: The New Territories in 1898, which were leased (rather than ceded) from Qing China for a period of 99 years. As the end of the lease drew closer, Hong Kong's future was uncertain. Because most of the territory's industry was developed in the New Territories, separating the leased area and returning only that part of the colony to China was economically and logistically infeasible. The colonial government could not grant new land leases in
10744-581: The Republic of China nationality , but do not have an automatic entitlement to enter or reside in the Taiwan Area , and do not qualify for civic rights and duties there. Under the nationality laws of Mexico , Colombia , and some other Latin American countries, nationals do not become citizens until they turn the age of majority. List of nationalities which do not have full citizenship rights Even if
10902-571: The United Kingdom and do not have automatic right of abode there or in Hong Kong , but all BN(O)s would have had permanent resident status in Hong Kong when they acquired this nationality. Following the Chinese government's imposition of controversial national security law on Hong Kong in 2020 , the UK has allowed BN(O)s and their dependent family members to apply for a renewable 5-year residence visa since 31 January 2021. This nationality gives its holders favoured status when they are resident in
11060-570: The United Kingdom withdrew from the European Union on 31 January 2020, full British citizens were European Union citizens . British Nationals (Overseas) have never been EU citizens and did not enjoy freedom of movement in other EU countries. They were, and continue to be, exempted from obtaining visas when visiting the Schengen Area . Similarly, while full British citizens may continue to exercise freedom of movement in Ireland (part of
11218-421: The Universal Declaration of Human Rights states that "Everyone has the right to a nationality," and "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality." A person can be recognized or granted nationality on a number of bases. Usually, nationality based on circumstances of birth is automatic, but an application may be required. The following instruments address
11376-482: The cognate word for nationality in local language may be understood as a synonym of ethnicity or as an identifier of cultural and family-based self-determination , rather than on relations with a state or current government. For example, some Kurds say that they have Kurdish nationality, even though there is no Kurdish sovereign state at this time in history. In the context of former Soviet Union and former Socialist Federal Republic of Yugoslavia , "nationality"
11534-444: The 1980s. While the number of annual departures remained steady for most of the decade and only started to increase towards its end, the outflow grew dramatically following the 1989 Tiananmen Square protests . The brutality of the Chinese government's response against demonstrations for democracy immediately dimmed local optimism in Hong Kong's future, indicated by a sudden drop in stock market and property values. The crackdown caused
11692-630: The 1981 Act who held UK right of abode were defined as UK nationals for the purposes of EU law. Although the Crown dependencies were part of the European Union Customs Union , free movement of persons was never implemented in those territories. Following the UK's withdrawal from the EU on 31 January 2020, British nationals have no longer been EU citizens. Despite this, British citizens continue to have free movement in Ireland as part of
11850-466: The 19th and 20th centuries, it was typical for only a certain percentage of people who belonged to the state to be considered as full citizens. In the past, a number of people were excluded from citizenship on the basis of sex, socioeconomic class, ethnicity, religion, and other factors. However, they held a legal relationship with their government akin to the modern concept of nationality. United States nationality law defines some persons born in some of
12008-465: The British Islands, usually through their own (or parents' or grandparents') birth, adoption, naturalisation, or registration as citizens of the UK. There are six types of British nationality: any person who is a British citizen, British Overseas Territories citizen (BOTC), British Overseas citizen (BOC), British National (Overseas) (BN(O)), British subject , or British protected person
12166-407: The British government insisted on the inclusion of some type of wording that described the holders of these passports as "British subjects". The two sides could not reach agreement on this issue and when the Irish government began issuing passports in 1924, British authorities refused to accept these documents. British consular staff were instructed to confiscate any Irish passports that did not include
12324-630: The Commonwealth. In response, Parliament imposed immigration controls on any subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962 . This restriction was somewhat relaxed by the Immigration Act 1971 for patrials, subjects whose parents or grandparents were born in the United Kingdom, which gave effective preferential treatment to white Commonwealth citizens. Ireland mirrored this restriction and limited free movement only to people born on
12482-458: The Crown was no longer a requirement to possess British subject status and the common status would be maintained by voluntary agreement among the various members of the Commonwealth. British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country. A person born in Australia would be both an Australian citizen and a British subject. British subjects under
12640-436: The Empire, culminated with the creation of a substantive Canadian citizenship in 1946 , breaking the system of a common imperial nationality. Combined with the approaching independence of India and Pakistan in 1947, comprehensive reform to nationality law was necessary at this point to address ideas that were incompatible with the previous system. The British Nationality Act 1948 redefined British subject as any citizen of
12798-644: The European Parliament . Despite the UK's withdrawal from the union in 2020 , British citizens continue to hold permanent permission to work and reside in the Republic of Ireland as part of the Common Travel Area . The distinction between the meaning of the terms citizenship and nationality is not always clear in the English language and differs by country. Generally, nationality refers to
12956-590: The Falkland Islands were given unrestricted access to citizenship. BOTCs naturalised after that date may also become British citizens by registration at the discretion of the Home Secretary . Becoming a British citizen has no effect on BOTC status; BOTCs may also simultaneously be British citizens. It is generally not possible to acquire other forms of British nationality. British Overseas citizenship, British subjecthood, and British protected person status are only transferred by descent if an individual born to
13114-516: The Joint Declaration, drew criticism for effectively making ethnicity the deciding factor in determining what rights British subjects were entitled to. Hong Kong residents and Legislative Council members, with some supporters in the British Parliament, believed that granting full British citizenship would have been more appropriate for instilling confidence in Hong Kong's post-handover future and that residents should have been offered
13272-632: The New Territories past 1997, causing concern among local businesses over the long-term viability of further real estate investment. By the time negotiations began over the future of the colony in the early 1980s, China had since become communist. Local residents were apprehensive about the prospect of being handed over to Chinese rule and overwhelmingly preferred that Hong Kong remain a British territory; contemporary opinion polls show that 85 per cent of residents favoured this option. The British government attempted to negotiate an extension of its administration of Hong Kong past 1997, but pivoted towards ensuring
13430-459: The Republic between 10 April 1935 and 1 January 1949 as a CUKC and having never ceased to be a British subject. The British Nationality (Irish Citizens) Act 2024 (c. 19) would allow Irish citizens to no longer have to demonstrate their knowledge of English and be exempted from taking the Life in the UK test. As of October 2024 the act had not been brought into force. All British subjects under
13588-505: The Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies. All British Overseas Territories citizens other than those solely connected with Akrotiri and Dhekelia became British citizens on 21 May 2002, and children born on qualified overseas territories to dual BOTC-British citizens since that date are both BOTCs and British citizens otherwise than by descent. Prior to 2002, only BOTCs from Gibraltar and
13746-662: The UK of abandoning the moral responsibility it had for subjects in the colony. In the immediate years after the territory's handover, Chinese oversight of Hong Kong was considered relatively benign and hands-off. Because virtually all BN(O)s are also entitled to Hong Kong Special Administrative Region (HKSAR) passports , the UK-issued passports were redundant for international travel. Some residents sold these documents to people smugglers , who used them to assist illegal mainland Chinese migrants in passing through border control when they entered Western countries. BN(O) passports at
13904-568: The UK or overseas territories. BN(O)s are Hong Kong residents who voluntarily registered for this status before the territory's transfer to China in 1997 . British subjects hold their status through a connection either to former British India or to what became the Republic of Ireland , as they existed before 1949. British protected persons come from areas controlled by the British Empire that were never formally incorporated as Crown territory; this includes protectorates , protected states, mandated territories , and Indian princely states . Before
14062-547: The UK under this scheme between July 2020 and January 2021. The BN(O) visa was granted to over 97,000 applicants in 2021; As of 31 August 2022, there were over 133,000 BN(O) visas granted since January 2021. Countering the expanded access to UK citizenship, the Chinese and Hong Kong governments withdrew their recognition of BN(O) passports as valid travel documents for immigration clearance. The territorial government further requested 14 countries that they stop accepting BN(O) passports for issuing working holiday visas , although
14220-427: The UK were able to vote in the 2016 United Kingdom European Union membership referendum while all other non-British EU citizens could not. Prior to 1983, all Individuals born within the British Islands (the United Kingdom and Crown Dependencies ) received British citizenship at birth regardless of the nationalities of their parents. Individuals born afterwards only receive citizenship at birth if at least one parent
14378-534: The UK's historical status as a colonial empire . The principal class of British nationality is British citizenship, which is associated with the British Islands. British nationals associated with an overseas territory are British Overseas Territories citizens (BOTCs). Almost all BOTCs (except for those from Akrotiri and Dhekelia ) have also been British citizens since 2002. Individuals connected with former British colonies may hold residual forms of British nationality, which do not confer an automatic right of abode in
14536-825: The UK. The British Nationality Act 1948 unintentionally excluded certain British subjects associated with Ireland from acquiring CUKC status. The wording of that law did not take into account the 24-hour period during which Northern Ireland was part of the Irish Free State in 1922. Individuals born before 1922 in the area that became the Republic of Ireland to fathers also born in that area but were domiciled in Northern Ireland on Irish independence had nevertheless automatically acquired Irish citizenship. The Ireland Act 1949 specifically addresses this by deeming any person in such circumstances who had never registered for Irish citizenship and had not permanently resided in
14694-482: The US illegally when quite young and grew up there while having little contact with their native country and their culture often have a national identity of feeling American, despite legally being nationals of a different country. Dual nationality is when a single person has a formal relationship with two separate, sovereign states. This might occur, for example, if a person's parents are nationals of separate countries, and
14852-412: The US outlying possessions as US nationals but not citizens. British nationality law defines six classes of British national, among which "British citizen" is one class (having the right of abode in the United Kingdom, along with some " British subjects "). Similarly, in the Republic of China , commonly known as Taiwan , the status of national without household registration applies to people who have
15010-468: The USSR and Yugoslavia. In the early years of the Soviet Union's existence, ethnicity was usually determined by the person's native language, and sometimes through religion or cultural factors, such as clothing. Children born after the revolution were categorized according to their parents' recorded ethnicities. Many of these ethnic groups are still recognized by modern Russia and other countries. Similarly,
15168-502: The United Kingdom and generally may no longer be acquired. These residual nationalities are the statuses of British Overseas citizen , British subject , British National (Overseas) , and British protected person . All persons born in the British Islands before 1 January 1983 were automatically granted citizenship by birth regardless of the nationalities of their parents. Individuals born in those territories since that date only receive citizenship at birth if at least one of their parents
15326-607: The United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations . Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931 . Women's rights groups throughout the Empire pressured the imperial government during this time to amend nationality regulations that tied a married woman's status to that of her husband. Because
15484-413: The United Kingdom, but both British subjects and protected persons could be issued British passports . Protected persons could not travel to the UK without first requesting permission, but were afforded the same consular protection as British subjects when travelling outside of the Empire. Parliament brought regulations for British subject status into codified statute law for the first time with passage of
15642-545: The United Kingdom, conferring eligibility to vote, obtain citizenship under a simplified process, and serve in public office or government positions. There are an estimated 2.9 million BN(O)s; about 720,000 of them hold valid British passports with this status and enjoy consular protection when travelling abroad. However, the Chinese government does not recognise these passports as valid travel documents and restricts BN(O)s from accessing British consular protection from diplomatic missions located in Hong Kong and mainland China at
15800-450: The United Kingdom, its colonies, or other Commonwealth countries. Commonwealth citizen was first defined in this Act to have the same meaning. This alternative term was necessary to retain a number of newly independent countries in the Commonwealth that wished to become republics rather than preserve the monarch as head of state. The change in naming also indicated a shift in the base theory to this aspect of British nationality; allegiance to
15958-587: The United Kingdom, to become a national of such a country or territory." The powers to strip citizenship were initially very rarely used. Between 2010 and 2015, 33 dual nationals had been deprived of their British citizenship. In the two years to 2013 six people were deprived of citizenship; then in 2013, 18 people were deprived, increasing to 23 in 2014. In 2017, over 40 people had been deprived as of July (at this time increased numbers of British citizens went to join " Islamic State " and then tried to return). The Home Office does not issue information on these cases and
16116-730: The ability to move freely within the Common Travel Area . Although Irish citizens have not been considered British subjects under Irish law since 1935, the British government continued to treat virtually all Irish citizens as British subjects, except for those who had acquired Irish citizenship by naturalisation since the Free State had not incorporated part II of the British Nationality and Status of Aliens Act 1914 ( 4 & 5 Geo. 5 . c. 17) into its legislation. Diverging developments in Dominion legislation, as well as growing assertions of local national identity separate from that of Britain and
16274-632: The age of 30 are also eligible for two-year working holiday visas and do not face annual quotas or sponsorship requirements. BN(O)s are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens . These include exemption from registration with local police, voting eligibility in UK elections, and the ability to enlist in the British Armed Forces . British Nationals (Overseas) are also eligible to serve in nearly all Civil Service posts (except for those in His Majesty's Diplomatic Service and
16432-435: The appellant. Nationality In international law , nationality is a legal identification establishing the person as a subject, a national , of a sovereign state . It affords the state jurisdiction over the person and affords the person the protection of the state against other states. The rights and duties of nationals vary from state to state, and are often complemented by citizenship law, in some contexts to
16590-402: The approval of local authorities. BN(O)s may become British citizens by registration, rather than naturalisation , after residing in the United Kingdom for 5 years and possessing ILR for a further 12 months. Registration confers citizenship otherwise than by descent , meaning that children born outside of the UK to those successfully registered will be British citizens by descent . Becoming
16748-466: The citizenship provisions in the Constitution of the Irish Free State had automatically become an Irish citizen on that date. At its inception, the Irish Free State gained independence as a Dominion within the British Empire. Imperial legislation at the time dictated that although individual Dominions could define a citizenship for their own citizens, that citizenship would only be effective within
16906-587: The city's stability when it became clear that the Chinese authorities would not allow this. The two governments agreed on the Sino-British Joint Declaration in 1984. The United Kingdom would transfer the entire territory of Hong Kong at the conclusion of the New Territories lease in 1997 to the People's Republic of China , which promised to guarantee the continuation of the region's existing economic and political systems for 50 years after
17064-500: The colony's residents, Parliament ultimately refused to grant all Hongkongers right of abode in the United Kingdom, citing difficulty in absorbing a large number of new citizens and that doing so would contradict the Joint Declaration. Instead, it offered citizenship to only 50,000 qualified residents and their dependents, through the British Nationality Selection Scheme . Because many departing residents were well-educated and held critical positions in medicine, finance, and engineering,
17222-403: The concept of full citizenship encompasses not only active political rights, but full civil rights and social rights . Historically, the most significant difference between a national and a citizen is that the citizen has the right to vote for elected officials, and the right to be elected. This distinction between full citizenship and other, lesser relationships goes back to antiquity. Until
17380-484: The concept of nationality was codified in legislation, inhabitants of English communities owed allegiance to their feudal lords , who were themselves vassals of the monarch . This system of loyalty, indirectly owed to the monarch personally, developed into a general establishment of subjecthood to the Crown . Calvin's Case in 1608 established the principle of jus soli , that all those who were born within Crown dominions were natural-born subjects. After passage of
17538-467: The current era, persons native to Taiwan who hold passports of Republic of China are one example. Some countries (like Kuwait, the UAE, and Saudi Arabia) can also remove one's citizenship; the reasons for removal can be fraud and/or security issues. There are also people who are abandoned at birth and the parents' whereabouts are not known. Nationality law defines nationality and statelessness. Nationality
17696-596: The different regulatory periods. EU/EEA citizens living in the UK before 2 October 2000 were automatically considered to be settled. Between that date and 29 April 2006, EU/EEA citizens were required to apply for permanent residency. Swiss citizens became subject to the same regulations on 1 June 2002. From 30 April 2006 until 30 June 2021, EU/EEA and Swiss citizens living in the UK for at least five years automatically received permanent resident status. Permanent resident status for these citizens expired on 1 July 2021, after which they have been required to hold settled status through
17854-540: The dissolution or termination of her marriage. By the end of the First World War , the Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity. Britain formally recognised this at the 1926 Imperial Conference , jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that
18012-471: The documents remain valid for visa purposes in all of those nations. The NPC again directly legislated for the region in March 2021, approving a rework of local election laws that reduces the number of Legislative Council seats elected by the public and establishes a screening committee to scrutinise the political loyalty of candidates for public office. Since this decision, the UK has considered China to be in
18170-468: The electoral roll in that year are still eligible). In Canada, voting eligibility was revoked at the federal level in 1975, but not fully phased out in provinces until 2006. All Commonwealth citizens remain eligible to vote and stand for public office in the UK. By the 1970s and 1980s, most colonies of the British Empire had become independent and remaining ties to the United Kingdom had been significantly weakened. The UK updated its nationality law to reflect
18328-493: The end of territory's autonomy and " one country, two systems ". The United Kingdom, along with its EU , Five Eyes , and G7 allies, further condemned the legislation as a severe violation of the Joint Declaration that inherently undermines the system of self-government promised to Hong Kong and the fundamental rights of its residents. The Home Office initially announced that the existing six-month stay limit on BN(O)s would be extended to renewable periods of 12 months with
18486-593: The government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code, it was unwilling to make major changes without unanimous agreement among the Dominions on this issue, which it did not have. Imperial legal uniformity was nevertheless eroded during the 1930s; New Zealand and Australia amended their laws in 1935 and 1936 to allow women denaturalised by marriage to retain their rights as British subjects, and Ireland changed its regulations in 1935 to cause no change to
18644-536: The government since the law was introduced. There is a right of appeal. This provision has been in force since 16 June 2006 when the Immigration, Nationality and Asylum Act 2006 (Commencement No. 1) Order 2006 brought it into force. Loss of British nationality in this way applies also to dual nationals who are British by birth. The Secretary of State may not deprive a person of British nationality, unless obtained by means of fraud, false representation or concealment of
18802-442: The handover. Hong Kong would become a special administrative region governed under Chinese sovereignty with a high level of autonomy in local affairs and its residents were to retain civil liberties such as freedom of speech , assembly , and religion after the transfer. Before 1983, all citizens of the British Empire , including Hongkongers, held a common nationality. Citizens of the United Kingdom and Colonies (CUKCs) had
18960-442: The intention of the plan was to convince people within this professional core of Hong Kong's economy to remain in the territory after 1997. This limited grant of citizenship, along with the fact that the provision for nationality without UK right of abode was included in a memorandum of the Joint Declaration and not in the treaty text, has been used by proponents of conferring citizenship on BN(O)s to argue that granting it would not be
19118-710: The islands of Great Britain or Ireland. However, individuals born in the UK since 1983 are only British citizens if at least one parent is already a British citizen. The Irish regulation created a legal anomaly where persons born in Britain without British citizenship nevertheless held an unrestricted right to settle in Ireland; this inconsistency was removed in 1999. In other parts of the Commonwealth, British subjects already did not have an automatic right to settle. Australia, Canada, New Zealand, and South Africa had immigration restrictions in place for British subjects from outside their jurisdictions targeted at non-white migrants since
19276-468: The late 19th century. After 1949, non-local British subjects under the new definition who were resident in these independent Commonwealth countries continued to retain certain privileges. This included eligibility to vote in elections, for preferred paths to citizenship, and for welfare benefits. British subjects were eligible to vote in New Zealand until 1975 and Australia until 1984 (though subjects on
19434-409: The legal nationality as well as ethnicity with a national identity. Nationality is the status that allows a nation to grant rights to the subject and to impose obligations upon the subject. In most cases, no rights or obligations are automatically attached to this status, although the status is a necessary precondition for any rights and obligations created by the state. In European law, nationality
19592-438: The local Dominion's borders. A Canadian, New Zealand, or Irish citizen who travelled outside of their own country would have been regarded as a British subject. This was reinforced by Article 3 of the 1922 Free State Constitution, which stated that Irish citizenship could be exercised "within the limits of the jurisdiction of the Irish Free State". When Free State authorities were first preparing to issue Irish passports in 1923,
19750-468: The more modest boundaries of its remaining territory and possessions with the British Nationality Act 1981 . CUKCs were reclassified in 1983 into different nationality groups based on their ancestry, birthplace, and immigration status: CUKCs who had right of abode in the United Kingdom became British citizens while those connected with a remaining colony became British Dependent Territories citizens (BDTCs). Remaining CUKCs who were no longer associated with
19908-406: The mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's. Nationality, with its historical origins in allegiance to a sovereign monarch, was seen originally as a permanent, inherent, unchangeable condition, and later, when a change of allegiance was permitted, as a strictly exclusive relationship, so that becoming
20066-549: The national of any state despite possession of an emotional national identity. Another stateless situation arises when a person holds a travel document (passport) which recognizes the bearer as having the nationality of a "state" which is not internationally recognized, has no entry into the International Organization for Standardization's country list, is not a member of the United Nations, etc. In
20224-474: The nationality law classifies people with the same nationality on paper ( de jure ), the right conferred can be different according to the place of birth or residence, creating different de facto classes of nationality, sometimes with different passports as well. For example, although Chinese nationality law operates uniformly in China , including Hong Kong and Macau SARs, with all Chinese nationals classified
20382-516: The point where citizenship is synonymous with nationality. However, nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun "national" can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election . However, in most modern countries all nationals are citizens of
20540-570: The preexisting arrangement for the Common Travel Area. While the UK was a member state of the EU, Cypriot and Maltese citizens held a particularly favoured status there. While non-EU Commonwealth citizens continued to need a residence visa to live in the UK, Cypriot and Maltese citizens were able to settle there and immediately hold full rights to political participation due to their status as both Commonwealth and EU citizens. This group of EU citizens (along with Irish citizens) domiciled in
20698-437: The previous meaning who held that status on 1 January 1949 because of a connection with the United Kingdom or a remaining colony became Citizens of the United Kingdom and Colonies (CUKC). CUKC status was the principal form of British nationality during this period of time. There was also a category of people called British subjects without citizenship. Irish citizens who fulfilled certain requirements could file formal claims with
20856-588: The reformed system initially continued to hold free movement rights in both the UK and Ireland. Non-white immigration into the UK was systemically discouraged, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration. This entitlement was part of a wider initiative to preserve close relationships with certain Dominions and colonies (Australia, Canada, New Zealand, South Africa, and Southern Rhodesia ) and to moderate nationalist attitudes within
21014-478: The right of abode nor an automatic right to work in the United Kingdom. They are ineligible for the Registered Traveller service, which enables expedited clearance through British immigration, despite the eligibility of Hong Kong Special Administrative Region passport holders. BN(O)s are required to pay an immigration health surcharge to access National Health Service benefits when applying for
21172-494: The right to a nationality: Nationals normally have the right to enter or return to the country they belong to. Passports are issued to nationals of a state, rather than only to citizens, because a passport is a travel document used to enter the country. However, nationals may not have the right of abode (the right to live permanently) in the countries that granted them passports. Conceptually citizenship and nationality are different dimensions of state membership. Citizenship
21330-505: The right to change his nationality", even though, by international custom and conventions, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law . In some cases, determinations of nationality are also governed by public international law —for example, by treaties on statelessness or the European Convention on Nationality . The process of acquiring nationality
21488-443: The right to work. When the national security law came into force, the British government declared a further extension of residence rights; BN(O)s would have leave to remain in the UK with rights to work and study, after 5 years they may apply for settled status . They would then be eligible for full citizenship after holding settled status for 12 months. This was implemented as the eponymously named "British National (Overseas) visa",
21646-423: The same overseas territory to pass on BOTC status. Alternatively, a child born in an overseas territory may be registered as a BOTC if either parent becomes a BOTC or settles in any overseas territory subsequent to birth. A child who lives in the same territory until age 10 and is not absent for more than 90 days in each year is also entitled to registration as a BOTC. Furthermore, an adopted child automatically become
21804-510: The same under the nationality law, in reality local laws, in mainland and also in the SARs, govern the right of Chinese nationals in their respective territories which give vastly different rights, including different passports, to Chinese nationals according to their birthplace or residence place, effectively making a distinction between Chinese national of mainland China, Hong Kong or Macau, both domestically and internationally. The United Kingdom had
21962-526: The same year. Hong Kong was a British colony from 1842 until its transfer to China in 1997. The territory initially consisted only of Hong Kong Island and was expanded to include Kowloon Peninsula and Stonecutters Island in 1860. All of these areas were ceded in perpetuity to the United Kingdom by the Qing dynasty after the Opium Wars . Britain negotiated a further expansion of the colony to include
22120-688: The start of large-scale anti-government protests in 2019. Over 154,000 passports were issued in that year, nearly doubling the number of valid passports in circulation. The upward shift continued through the following year; 315,000 people opted for renewals in 2020. Substantive debate on expanding BN(O) rights was restarted in 2020, when the National People's Congress (NPC) bypassed the Legislative Council and directly approved national security legislation for Hong Kong that severely penalises acts of secession and subversion against
22278-493: The state as a response to ongoing anti-government protests. This was done despite an explicit stipulation in the Hong Kong Basic Law stating the territory's responsibility for enacting its own legislation in that area. Pro-democracy Legislative Councillors and activists denounced the direct application of national law without local consultation as a fundamental upheaval of the regional legal system, labelling it as
22436-412: The state, and full citizens are always nationals of the state. In international law , a " stateless person " is someone who is "not considered as a national by any state under the operation of its law". To address this, Article 15 of the Universal Declaration of Human Rights states that "Everyone has the right to a nationality", and "No one shall be arbitrarily deprived of his nationality nor denied
22594-539: The status by imperial naturalisation, which was valid throughout the Empire. Those naturalising in colonies were said to have gone through local naturalisation and were given subject status valid only within the relevant territory; a subject who locally naturalised in Canada was a British subject there, but not in England or New Zealand . When travelling outside of the Empire, British subjects who were locally naturalised in
22752-513: The term nationalities of China refers to ethnic and cultural groups in China. Spain is one nation, made up of nationalities , which are not politically recognized as nations (state), but can be considered smaller nations within the Spanish nation. Spanish law recognizes the autonomous communities of Andalusia , Aragon , Balearic Islands , Canary Islands , Catalonia , Valencia , Galicia and
22910-401: The term "British subject" and replace them with British passports. This situation continued until 1930, when Irish passports were amended to describe its holders as "one of His Majesty's subjects of the Irish Free State". Despite these disagreements, the two governments agreed not to establish border controls between their jurisdictions and all Irish citizens and British subjects continued to have
23068-421: The terms of the Anglo-Irish Treaty , Northern Ireland was included in the Irish Free State on independence, but had the right to opt out of the new state within one month of its establishment. This option was exercised on 7 December 1922. The 24-hour period in which Northern Ireland was officially part of the Irish Free State meant that every person ordinarily resident in Northern Ireland on 6 December who fulfilled
23226-476: The territory for more than three years at any time since the transfer of sovereignty automatically lose their right of abode. However, these individuals acquire the right to land, which is identical to the right of abode except that these persons can be subject to a deportation order. BN(O)s subject to a deportation order would lose the right to land and would become effectively stateless if their permanent residency in another country were to lapse or expire. Before
23384-429: The time lacked sufficient anti-forgery measures and these documents were easily altered to match the details of other people. Passports issued since 2001 have been produced with digitised photos and signatures that mitigate counterfeiting issues. While nearly 545,000 BN(O) passports were issued between 1997 and 2007, the rate of renewals for these documents dropped steadily during the immediate post-handover period. From
23542-422: The unrestricted right to enter and live in the UK, although non-white immigration was systemically discouraged. Immigration from the colonies and other Commonwealth countries was gradually restricted by Parliament from 1962 to 1971 amid decolonisation , when British subjects originating from outside of the British Islands first had immigration controls imposed on them when entering the UK. After passage of
23700-471: The word "nationality", rather than "ethnicity", is often used to refer to an ethnic group (a group of people who share a common ethnic identity, language, culture, lineage, history, and so forth). Individuals may also be considered nationals of groups with autonomous status that have ceded some power to a larger sovereign state. Nationality is also employed as a term for national identity , with some cases of identity politics and nationalism conflating
23858-484: Was 31 December 1997, if they were born in that year and prior to the transfer of sovereignty . BN(O) nationality cannot be transferred by descent, and the number of living status holders will dwindle until there are none. The status was granted in addition to other British nationality classes; an individual can be both a British citizen and a British National (Overseas). Applicants were required to be British Dependent Territories citizens who held that status solely by
24016-488: Was exclusively granted by voluntary registration to Hong Kong residents who had been British Dependent Territories citizens prior to the transfer of sovereignty to China in 1997 and cannot be newly acquired in any case. Noncitizen British nationals may become British citizens by registration, rather than naturalisation, after residing in the United Kingdom for more than five years and possessing ILR for more than one year. Any type of British nationality can be renounced by making
24174-517: Was extended under the Immigration, Asylum and Nationality Act 2006 : people with dual nationality who are British nationals can be deprived of their British citizenship if the Secretary of State is satisfied that "deprivation is conducive to the public good", or if nationality was obtained by means of fraud, false representation or concealment of a material fact. Between 2006 and the end of 2021 at least 464 people have had their citizenship removed by
24332-486: Was further expanded with the establishment of the European Economic Area in 1994 to include any national of an EFTA member state except for Switzerland , which concluded a separate free movement agreement with the EU that came into force in 2002. Not all British nationals were EU citizens. Only British citizens, British Overseas Territories citizens connected with Gibraltar , and British subjects under
24490-422: Was further reflected by high demand for BDTC naturalisation. Even though BDTC status would expire after the handover in 1997 and carried no entitlement to UK right of abode, over 54,000 people applied for it on the final registration date in 1996 because the status qualified them to register as BN(O)s. Despite petitions from Governors David Wilson and Chris Patten asking for full citizenship to be conferred on
24648-770: Was no longer possible after that date. Unlike other British nationalities, BN(O) holders are uniquely entitled to hold British passports in that status. Every BN(O) was directly issued a British National (Overseas) passport when they first obtained the status, while members of all other nationality classes are first given certificates of registration and do not receive passports automatically. All Hong Kong-connected British Dependent Territories citizens lost BDTC status on 1 July 1997. Individuals who did not acquire Chinese nationality (this generally only applied to those not ethnically Chinese) and would have been stateless at that date automatically became British Overseas citizens . British National (Overseas) status can be relinquished by
24806-630: Was noted that asking for the same to be granted to Hong Kong residents was only requesting equal treatment. Legislative Councillors and their supporters in Parliament unfavourably compared these nationality arrangements to the situation in Macau , where residents were allowed to retain Portuguese citizenship and right of abode after that territory's transfer to China in 1999. A considerable number of residents began emigrating to other countries in
24964-467: Was quickly repealed in 1711 in response to the number of migrants exercising that ability. A standard administrative process was not introduced until 1844, when applicants were first able to acquire naturalisation grants from the Home Office . Despite the creation of this pathway, personalised naturalising legislation continued to be enacted until 1975. The monarch could personally make any individual
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