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Nationality categories in the UK: Do you know which identities have different rights?
In the UK, the main law governing nationality is the British Nationality Act 1981, which came into force on 1 January 1983. The law applies to the British Isles, including England, Wales, Scotland and Northern Ireland, as well as the Crown Dependencies (such as Jersey, Guernsey and the Isle of Man) and 14 British Overseas Territories. According to this law, British nationality is divided into six categories, with different civil and political rights for each category. This is due to Britain's historical status as a colonial empire.
The main category of British nationality is British citizenship, which is associated with the British Isles.
British nationalities associated with overseas territories are British Overseas Territory Citizens (BOTCs). Since 2002, almost all BOTCs (except Akrotiri and Dekhkarya) have also become British citizens. Individuals associated with former British colonies may hold residual British nationality, which do not automatically confer residence in the UK and generally cannot be re-acquired. These remaining nationalities include British Overseas Citizens, British Subjects, British Nationals (Overseas) and British Protected Persons.
Everyone born in the British Isles before 1 January 1983 automatically acquires birthright citizenship, regardless of the nationality of their parents. From this date onwards, individuals born in these territories will only automatically acquire citizenship at birth if at least one of their parents is a British citizen or holds settled status. Foreign nationals can apply to become British citizens after meeting minimum residence requirements (usually five years) and obtaining settled status.
Despite the UK leaving the EU in 2020, British citizens will still have the right to live and work permanently in the Republic of Ireland under the Agreement on the Common Travel Area.
Term explanation
In English, the meanings of "nationality" and "citizenship" are not always clear and vary from country to country. Generally speaking, nationality refers to an individual's legal affiliation to a sovereign state, while citizenship usually implies an individual's rights and obligations in that state. While this distinction is clearly defined in many non-English speaking countries, this is not the case in Anglophone countries.
Historically, individuals associated with the United Kingdom were neither nationalities nor citizens, but British subjects. British citizenship was not created until the passage of the British Nationality Act 1981. The Act defines six types of nationality, with the degree of civil and political rights depending on a person's links to the UK, overseas territories or former colonies.
Types of British Nationality
British nationality can be divided into six types:
- British Citizens
- British Overseas Territory Citizen (BOTC)
- British Overseas Citizen (BOC)
- British Nationality (Overseas) (BN(O))
- British subjects
- UK Protected Person
Among the above statuses, only British citizens automatically enjoy the right to reside in the UK. British Overseas Territories are areas outside the British Isles that the UK has sovereignty over. Since 2002, almost all BOTCs also hold British citizenship, with the exception of those associated with Akrotiri and Dekhkarya. The other four categories are residual nationalities and are generally not available.
British protectors came from areas under British imperial control that were never formally incorporated as Crown territories, including protectorates, protectorate states, trustlands and princely states in India.
Historical background
Before the concept of nationality was legislated, residents of British society owed allegiance to their feudal lords, an allegiance that was indirectly directed to the monarch. The "Calvin Act" of 1648 established the "jus soli principle", that is, all people born in the royal territory automatically became subjects. After the Act of Union was passed in 1707, English and Scottish subjects became British subjects.
Just after the First World War, as the Dominions gained their autonomy, bills and nationality laws needed to be overhauled to accommodate the concept of no longer being allegiance to the British Crown. The British Nationality Act of 1948 redefined the status of British subjects, which also echoed the then-independent India and Pakistan, establishing a legal framework consistent with local nationality systems.
Impact on Ireland
With the independence of Ireland, Ireland officially left the Commonwealth in 1948. This change also redefined the identity of Irish citizens. Nonetheless, Irish citizens are still considered non-foreign nationals of the UK and enjoy some of the same rights and privileges in the UK as Commonwealth nationals.
British Nationality (Irish Citizenship) Act 2024
Under the British Nationality (Irish Citizenship) Act 2024, which has not yet come into force, Irish citizens will no longer need to prove their English proficiency and will be exempt from taking the British Life Test. This law has not yet been officially implemented, and the specific situation remains to be seen.
Future challenges
As the relationship between the UK and Commonwealth countries deteriorates, the understanding and implementation of nationality will still face challenges in the future. How to further define the rights and obligations of different nationalities is still an issue that British society must think deeply about.
What are your views on the current nationality system and the rights it derives from?
