British protected person
Encyclopedia
A British protected person (BPP) is a member of class of certain persons under the British Nationality Act 1981
associated with former protected states, protectorates, mandated and trust territories under British control. The inhabitants of these former states were never automatically entitled to became British subjects or citizens but were given the status of British protected person instead.
BPP status is a form of nationality under public international law, but it no longer associated with the right to live anywhere or to citizenship of the European Union.
British protected persons are not Commonwealth citizen
s in British nationality law
, they do not have full civil rights in the United Kingdom
. However, BPPs, like Commonwealth citizens and Irish citizens
, are not considered aliens
in the United Kingdom.
s, mandated
and trust territories
. As these states were considered to be 'foreign' soil, birth in such a place could not, in general, confer British nationality
. Instead the denizens of the these states were conferred with the status of British Protected Persons.
Originally BPP status was conferred on the subjects of the local rulers with the local rules determining who qualified as subjects. Subsequently a more more sophisticated test of 'belonging' was established by Royal Prerogative
under the British Protected Persons Order 1934. BPP status was defined in statute law for the first time by the British Nationality Act 1948
.
The British Protectorates, Protected States and Protected Persons Order came into force on 28 January 1949, establishing for the first time a statutory basis for British protected person status.The status of statutory BPP was largely replaced that of Royal Prerogative BPP by the 1949 Order. However some persons may still be granted Royal Prerogative BPP status if connected to a former protectorate or protected state, with no other nationality and no prospect of obtaining another nationality.
BPP status was normally lost automatically upon acquisition of the nationality of the country with which the person was connected. In some cases any person with BPP status connected to that territory lost BPP status, even if they did not acquire the citizenship of the country at independence. While the majority of BPPs connected with former protectorates or UN trust territories retained BPP status if they did not acquire the citizenship of the independent country, BPPs connected with former protected states all lost BPP status.
Historically British Protected Person status was associated with the following kinds of overseas possessions:
A person born in the British Solomon Islands Protectorate after 1 January 1975 only becomes a BPP if he or she would otherwise have been stateless.
by male descent (pre-1949)
Or if his or her father:
and he or she:
by male descent (1949 to independence)
Or if his or her father:
and he or she:
A person whose father was born in the British Solomon Islands Protectorate after 1 January 1975 only becomes a BPP if he or she would otherwise have been stateless.
Or if his or her father:
and he or she:
by male descent (Solomon islands; 1978 to 1980)
Or if his or her father:
and he or she:
by male or female descent and birth within UK and overseas territories post 1982
A person is a BPP if:
he or she:
A person can apply to be registered as a BPP if:
he or she:
Any person so registered would have lost or will lose their BPP status if they ever acquire or had ever acquired any other nationality.
by marriage
Before 1 January 1983 the wife or widow of a BPP could apply to be registered as a BPP herself if:
Like in other protectorates, a person born in the Solomon islands whose father was at the time of his or her birth a CUKC, was deemed to be a CUKC by birth. This had the effect of allowing United Kingdom and Colonies citizenship to be maintained indefinitely, in contrast to the normal position of the children of CUKCs born outside "Her Majesty's dominions".
People whose United Kingdom and Colonies citizenship was held solely by their connection with a protectorate normally lost that citizenship if they became citizens of independent state formed on that protectorate's demise. This did not occur in the case of the Solomon islands. CUCKs who held their citizenship for their connection with the Solomon islands lost their citizenship but were given BPP status if they would otherwise have been stateless.
In practice most of the people who "became" BPPs under these provisions would have already been BPPs by reason of birth in the islands before 1 January 1975, so the provisions' main impact would be on anyone who:
In common with other Solomon islands BPPs, the BPP status acquired under this provision is lost if the BPP acquires any other nationality.
Some of these persons may have lost CUKC at independence of the protectorate or protected state concerned. If they retained CUKC they would generally be British citizens or British Overseas citizens.
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.
BPPs may be deprived of BPP status on terms similar to those applicable to British citizens.
A BPP citizen may renounce BPP status on the same basis as a British citizen. However there is no provision to resume BPP status after renunciation.
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
associated with former protected states, protectorates, mandated and trust territories under British control. The inhabitants of these former states were never automatically entitled to became British subjects or citizens but were given the status of British protected person instead.
BPP status is a form of nationality under public international law, but it no longer associated with the right to live anywhere or to citizenship of the European Union.
British protected persons are not Commonwealth citizen
Commonwealth citizen
A Commonwealth citizen, which replaces the former category of British subject, is generally a person who is a national of any country within the Commonwealth of Nations....
s in British nationality law
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
, they do not have full civil rights in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. However, BPPs, like Commonwealth citizens and Irish citizens
Irish nationality law
Irish nationality law is the law of the Republic of Ireland governing citizenship. A person may be an Irish citizen through birth, descent, marriage to an Irish citizen or through naturalisation. Irish nationality law is currently contained in the provisions of the Irish Nationality and Citizenship...
, are not considered aliens
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
in the United Kingdom.
History
Certain parts of the British Empire were under British control but did not become part of the Crown's dominions. These included protected states, protectorateProtectorate
In history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
s, mandated
League of Nations mandate
A League of Nations mandate was a legal status for certain territories transferred from the control of one country to another following World War I, or the legal instruments that contained the internationally agreed-upon terms for administering the territory on behalf of the League...
and trust territories
United Nations Trust Territories
United Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the UN Trusteeship Council...
. As these states were considered to be 'foreign' soil, birth in such a place could not, in general, confer British nationality
British nationality law
British nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
. Instead the denizens of the these states were conferred with the status of British Protected Persons.
Originally BPP status was conferred on the subjects of the local rulers with the local rules determining who qualified as subjects. Subsequently a more more sophisticated test of 'belonging' was established by Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
under the British Protected Persons Order 1934. BPP status was defined in statute law for the first time by the British Nationality Act 1948
British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom that created the status of "Citizen of the United Kingdom and Colonies" as the national citizenship of the United Kingdom and its colonies....
.
The British Protectorates, Protected States and Protected Persons Order came into force on 28 January 1949, establishing for the first time a statutory basis for British protected person status.The status of statutory BPP was largely replaced that of Royal Prerogative BPP by the 1949 Order. However some persons may still be granted Royal Prerogative BPP status if connected to a former protectorate or protected state, with no other nationality and no prospect of obtaining another nationality.
BPP status was normally lost automatically upon acquisition of the nationality of the country with which the person was connected. In some cases any person with BPP status connected to that territory lost BPP status, even if they did not acquire the citizenship of the country at independence. While the majority of BPPs connected with former protectorates or UN trust territories retained BPP status if they did not acquire the citizenship of the independent country, BPPs connected with former protected states all lost BPP status.
Historically British Protected Person status was associated with the following kinds of overseas possessions:
- Protected states – These were states which enjoyed internal autonomy and commonly had their own nationality law while Britain controlled only defence and external relations. In states with their own nationality law, Britian accorded BPP status on nationals recognised by that law. No one today has statutory BPP status because of their connection with a former protected state. Former British Protected States are: BahrainBahrain' , officially the Kingdom of Bahrain , is a small island state near the western shores of the Persian Gulf. It is ruled by the Al Khalifa royal family. The population in 2010 stood at 1,214,705, including 235,108 non-nationals. Formerly an emirate, Bahrain was declared a kingdom in 2002.Bahrain is...
, BruneiBruneiBrunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
, the MaldivesMaldivesThe Maldives , , officially Republic of Maldives , also referred to as the Maldive Islands, is an island nation in the Indian Ocean formed by a double chain of twenty-six atolls oriented north-south off India's Lakshadweep islands, between Minicoy Island and...
, the Malay States, TongaTongaTonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
, QatarQatarQatar , also known as the State of Qatar or locally Dawlat Qaṭar, is a sovereign Arab state, located in the Middle East, occupying the small Qatar Peninsula on the northeasterly coast of the much larger Arabian Peninsula. Its sole land border is with Saudi Arabia to the south, with the rest of its...
and the Trucial StatesTrucial StatesThe Trucial States were a group of sheikhdoms in the Persian Gulf.-General aspects:The sheikdoms included:*Abu Dhabi *Ajman...
of Abu DhabiAbu DhabiAbu Dhabi , literally Father of Gazelle, is the capital and the second largest city of the United Arab Emirates in terms of population and the largest of the seven member emirates of the United Arab Emirates. Abu Dhabi lies on a T-shaped island jutting into the Persian Gulf from the central western...
, AjmanAjmanAjman , also spelt Ujman, is one of the seven emirates constituting the United Arab Emirates . With an area of just 260 square kilometres , Ajman is the smallest emirate by area...
, DubaiDubaiDubai is a city and emirate in the United Arab Emirates . The emirate is located south of the Persian Gulf on the Arabian Peninsula and has the largest population with the second-largest land territory by area of all the emirates, after Abu Dhabi...
, FujairahFujairahFujairah is one of the seven emirates that make up the United Arab Emirates, and the only one on the Gulf of Oman in the country's east instead of Persian Gulf .-History:...
, Ras al-KhaimahRas al-KhaimahRas al-Khaimah is one of the emirates of the United Arab Emirates , in the east of the Persian Gulf. It is in the northern part of the UAE bordering Oman's exclave. The capital city and home of most residents is also called Ras al-Khaimah. The city has a population of 263,217 as of 2008. The city...
, Sharjah and Umm al-QuwainUmm al-QuwainUmm al-Quwain is one of the emirates in the United Arab Emirates, located in the north of the country. The emirate was ruled until his death by Rashid bin Ahmad Al Mu'alla, who was a member of the UAE's Supreme Council since 1981. The emirate had 62,000 inhabitants in 2003 and has an area of 750...
.
- ProtectorateProtectorateIn history, the term protectorate has two different meanings. In its earliest inception, which has been adopted by modern international law, it is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity...
s – similar to protected states, but where an internal government was also set up by Britain. In practical terms there was little distinction between a protectorate and a colony, except for the legal status of belonging or otherwise to the Crown's dominions. In many instances Britain provided for the possible retention of the BBP status of protectorate denizens if they did not acquire the citizenship of the newly independent state. However this was not always the case and no provision was made for former BPPs from British SomalilandBritish SomalilandBritish Somaliland was a British protectorate in the northern part of present-day Somalia. For much of its existence, British Somaliland was bordered by French Somaliland, Ethiopia, and Italian Somaliland. From 1940 to 1941, it was occupied by the Italians and was part of Italian East Africa...
or the Aden ProtectorateAden ProtectorateThe Aden Protectorate was a British protectorate in southern Arabia which evolved in the hinterland of Aden following the acquisition of that port by Britain in 1839 as an anti-piracy station, and it continued until the 1960s. For administrative purposes it was divided into the Western...
.
- League of Nations mandateLeague of Nations mandateA League of Nations mandate was a legal status for certain territories transferred from the control of one country to another following World War I, or the legal instruments that contained the internationally agreed-upon terms for administering the territory on behalf of the League...
territories and United Nations trust territoriesUnited Nations Trust TerritoriesUnited Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the UN Trusteeship Council...
– These were states which the League of NationsLeague of NationsThe League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
and its successor the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
made Britain responsible. All of the British trust territories, except Libya, had previously been mandate territories. They were treated as if they were protectorates for nationality purposes. Today only BPPs whose status was acquired from their connection with TanganyikaTanganyika TerritoryTanganyika Territory was a British colony between 1919 and 1961. Prior to the end of the First World War was part of the German colony of German East Africa. After the war had broke out, the British invaded the German East Africa, but were unable to defeat the German Army...
and British TogolandBritish TogolandBritish Togoland was a League of Nations Class B mandate in West Africa, under the mandatory power of the United Kingdom. It was effectively formed in 1916 by the splitting of the occupied German protectorate of Togoland into two territories, French Togoland and British Togoland, during the First...
have the possibility of still having BPP status.
Statutory British protected persons
Today a person is a statutory BPP if he or she:| Protectorate / trust territory | Independent state | Independence day |
|---|---|---|
| Bechuanaland Protectorate | Botswana Botswana Botswana, officially the Republic of Botswana , is a landlocked country located in Southern Africa. The citizens are referred to as "Batswana" . Formerly the British protectorate of Bechuanaland, Botswana adopted its new name after becoming independent within the Commonwealth on 30 September 1966... |
30 September 1966 |
| British Solomon Islands Protectorate | Solomon Islands Solomon Islands Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal... |
7 July 1978 |
| Gambia Protectorate | Gambia | 18 February 1965 |
| Kamaran Kamaran Kamaran Island is the largest Yemen-controlled island in the Red Sea. The island is long and wide and is strategically located at the southern end of the Red Sea.... |
South Yemen | 30 November 1967 |
| Kenya Protectorate Kenya Colony The Colony and Protectorate of Kenya was part of the British Empire in Africa. It was established when the former East Africa Protectorate was transformed into a British crown colony in 1920... |
Kenya Kenya Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east... |
12 December 1963 |
| Nigeria Protectorate Nigeria Protectorate The Colony and Protectorate of Nigeria was created as a merger of Protectorate of Northern Nigeria and Colony and Protectorate of Southern Nigeria on 1 January 1914, partly because of uneven economy in the two territories, and also due to growing tension with the German colonies.As one of the... |
Nigeria Nigeria Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in... |
1 October 1960 |
| Northern Rhodesia Northern Rhodesia Northern Rhodesia was a territory in south central Africa, formed in 1911. It became independent in 1964 as Zambia.It was initially administered under charter by the British South Africa Company and formed by it in 1911 by amalgamating North-Western Rhodesia and North-Eastern Rhodesia... |
Zambia Zambia Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west.... |
24 October 1964 |
| Northern Territories of the Gold Coast Gold Coast (British colony) The Gold Coast was a British colony on the Gulf of Guinea in west Africa that became the independent nation of Ghana in 1957.-Overview:The first Europeans to arrive at the coast were the Portuguese in 1471. They encountered a variety of African kingdoms, some of which controlled substantial... |
Ghana Ghana Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south... |
6 March 1957 |
| Nyasaland Protectorate | Malawi Malawi The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size... |
6 July 1964 |
| Protectorate of South Arabia Protectorate of South Arabia The Protectorate of South Arabia was a grouping of states under treaties of protection with Britain. The Protectorate was designated on 18 January 1963 as consisting of those areas of the Aden Protectorate that did not join the Federation of South Arabia, and it broadly, but not exactly,... |
South Yemen | 30 November 1967 |
| Sierra Leone Protectorate | Sierra Leone Sierra Leone Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4... |
27 April 1961 |
| Uganda Protectorate | Uganda Uganda Uganda , officially the Republic of Uganda, is a landlocked country in East Africa. Uganda is also known as the "Pearl of Africa". It is bordered on the east by Kenya, on the north by South Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by... |
9 October 1962 |
| Tanganyika Tanganyika Territory Tanganyika Territory was a British colony between 1919 and 1961. Prior to the end of the First World War was part of the German colony of German East Africa. After the war had broke out, the British invaded the German East Africa, but were unable to defeat the German Army... |
Tanganyika Tanganyika Tanganyika , later formally the Republic of Tanganyika, was a sovereign state in East Africa from 1961 to 1964. It was situated between the Indian Ocean and the African Great Lakes of Lake Victoria, Lake Malawi and Lake Tanganyika... |
9 December 1961 |
| British Togoland British Togoland British Togoland was a League of Nations Class B mandate in West Africa, under the mandatory power of the United Kingdom. It was effectively formed in 1916 by the splitting of the occupied German protectorate of Togoland into two territories, French Togoland and British Togoland, during the First... |
Ghana Ghana Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south... |
6 March 1957 |
Pre-independence
by birth- was born in one of the former protectorates or trust territories shown in the table to the right,
- has never become a citizen of the newly formed independent state, and
- has not acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship) since 16 August 1978.
A person born in the British Solomon Islands Protectorate after 1 January 1975 only becomes a BPP if he or she would otherwise have been stateless.
by male descent (pre-1949)
Or if his or her father:
- was born in one of the former protectorates or trust territories shown in the table to the right,
and he or she:
- was born before 28 January 1949,
- was born outside the former protectorate or trust territory,
- has never become a citizen of the newly formed independent state, and
- (Solomon islands) has never acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship) before or after independence.
- (elsewhere) has not acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship) since 16 August 1978.
by male descent (1949 to independence)
Or if his or her father:
- was born in one of the former protectorates or trust territories shown in the table to the right, and
- was a BPP at the date of his child's birth (or would have but for his death),
and he or she:
- was born on or after 28 January 1949 but before the creation of the newly formed independent state,
- was born outside the former protectorate or trust territory,
- has never become a citizen of the newly formed independent state, and
- has not acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship) since 16 August 1978.
A person whose father was born in the British Solomon Islands Protectorate after 1 January 1975 only becomes a BPP if he or she would otherwise have been stateless.
Post-independence
by male descent (independence to August 1978, other that the Solomon islands)Or if his or her father:
- was a BPP by birth on his child's birth (or would have been if he predeceased the child),
and he or she:
- was born on or after the creation of the newly created independent state but before 16 August 1978,
- has never become a citizen of the newly formed independent state, and
- has not acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship) since 16 August 1978.
by male descent (Solomon islands; 1978 to 1980)
Or if his or her father:
- was a BPP by birth on his child's birth (or would have been if he predeceased the child),
and he or she:
- was born on or after 7 July 1978 but before 7 July 1980, and
- would, if not for possessing BPP status, have been born stateless and remain stateless.
by male or female descent and birth within UK and overseas territories post 1982
A person is a BPP if:
- either of his or her parents was a BPP at the date of his or her birth, and
he or she:
- was born in was born on or after 1 January 1983 in the United Kingdom or its overseas territories,
- had no other nationality at birth, and
- has not acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship).
By registration
registration as a BPP on the basis of descent and residenceA person can apply to be registered as a BPP if:
- either of his or her parents was a BPP at the date of his or her birth, and
he or she:
- was born outside the United Kingdom or its overseas territories,
- has fulfilled the required residence requirement (three years with minimum absence) within the United Kingdom or its overseas territories,
- has never possessed any nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship).
Any person so registered would have lost or will lose their BPP status if they ever acquire or had ever acquired any other nationality.
by marriage
Before 1 January 1983 the wife or widow of a BPP could apply to be registered as a BPP herself if:
- she has never become a citizen of the newly formed independent state,
- her husband was a BPP on the application date, or would have been, if alive on that date,
- she has not acquired any other nationality (including British citizenship, British Overseas Territories citizenship or British Overseas citizenship) since 16 August 1978.
Solomon islands
In addition to the ways certain individuals whose BPP status is due to their connection with the Solomon islands and not gaining citizenship of the Solomon islands or anywhere else, certain former citizens of the United Kingdom and Colonies (CUKCs) are now BPPs by reason of such citizenship.Like in other protectorates, a person born in the Solomon islands whose father was at the time of his or her birth a CUKC, was deemed to be a CUKC by birth. This had the effect of allowing United Kingdom and Colonies citizenship to be maintained indefinitely, in contrast to the normal position of the children of CUKCs born outside "Her Majesty's dominions".
People whose United Kingdom and Colonies citizenship was held solely by their connection with a protectorate normally lost that citizenship if they became citizens of independent state formed on that protectorate's demise. This did not occur in the case of the Solomon islands. CUCKs who held their citizenship for their connection with the Solomon islands lost their citizenship but were given BPP status if they would otherwise have been stateless.
In practice most of the people who "became" BPPs under these provisions would have already been BPPs by reason of birth in the islands before 1 January 1975, so the provisions' main impact would be on anyone who:
- was born in the Solomon islands between 1 January 1975 and 6 July 1978 (inclusive) and was entitled to citizenship of the United Kingdom and Colonies by birth,
- was born in the Solomon islands between 7 July 1978 and 6 July 1980 (inclusive) and was entitled to citizenship of the United Kingdom and Colonies by descent, and
- was naturalised as a citizen of the United Kingdom and Colonies by the British authorities in the Solomon islands.
In common with other Solomon islands BPPs, the BPP status acquired under this provision is lost if the BPP acquires any other nationality.
British nationality and protectorates
Although most people connected with protectorates and protected states did not acquire British subject status there were some exceptions:- Persons born in a protectorate and some protected states with a British subject father were British subjects by birth (even if the father was a British subject by descent). This exception to normal rules on transmission of British subject status was put on a statutory basis by section 2(1) of the British Nationality and Status of Aliens Act 1943.
- On 1 January 1949 any British subject born in a protectorate or a protected state automatically became a Citizen of the UK and Colonies (CUKC) under section 12(3) of the British Nationality Act 1948.
- Governors of protectorates and some protected states had the right under sections 8 and 10 of the British Nationality Act 1948 to register or naturalise persons as Citizens of the UK and Colonies by virtue of a connection to that protectorate or protected state.
Some of these persons may have lost CUKC at independence of the protectorate or protected state concerned. If they retained CUKC they would generally be British citizens or British Overseas citizens.
Access to British citizenship
British protected persons 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 RemainIndefinite leave to remainIndefinite leave to remain is an immigration status granted to a person who does not hold right of abode in the United Kingdom , but who has been admitted to the UK without any time limit on his or her stay and who is free to take up employment or study, without restriction...
(ILR) or its equivalent for at least 12 months, a BPP 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.
Persons otherwise stateless
British protected persons 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.Loss of BPP status
A British protected person who acquires another nationality, voluntarily or otherwise, automatically loses BPP status.BPPs may be deprived of BPP status on terms similar to those applicable to British citizens.
A BPP citizen may renounce BPP status on the same basis as a British citizen. However there is no provision to resume BPP status after renunciation.