What are the types of British nationality?

There are six types of British nationality: British citizenship, British overseas territories citizen, British overseas citizen, British subject, British national (overseas) and British protected person. They are different legal statuses with different rights. Holding one of them does not by itself give a person the right to live in the UK.

How the types of British nationality work

British nationality is not one status. GOV.UK says there are 6 different types.^{[1]Home Office, Types of British nationality} They are British citizenship, British overseas territories citizen, British overseas citizen, British subject, British national (overseas) and British protected person.^{[1]Home Office, Types of British nationality}

Home Office guidance gives the key difference. The only British nationals who have the right to live and work in the UK are British citizens and certain British subjects who hold the right of abode. People with the other forms of British nationality can only live and work in the UK if their immigration status allows it.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)} The right of abode is the status that frees a person from immigration control. All British citizens automatically have it.^{[8]Home Office, Prove you have right of abode in the UK}

Older statuses exist in the records, such as citizenship of the UK and Colonies, but they are not current.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)} In 1983 the British Nationality Act 1981 replaced citizenship of the UK and Colonies with three new statuses. British citizenship went to those who had the right of abode in the UK. British dependent territories citizenship went to people connected to a British overseas territory. British overseas citizenship went to those who had neither.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

If you are not sure whether you have British nationality, GOV.UK says to contact UK Visas and Immigration.^{[1]Home Office, Types of British nationality}

The six types at a glance

The sections below explain the four types that most often cause confusion. For the BNO status, see British national (overseas).

British overseas territories citizen

From 1 January 1983 to 25 February 2002, this status was called British dependent territories citizen. The British Overseas Territories Act 2002 changed the name on 26 February 2002. On 21 May 2002 most people who held it automatically became British citizens, with the exception of those connected to the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus. People who register as British overseas territories citizens after 21 May 2002 do not automatically become British citizens.^{[3]HM Passport Office, British overseas territories citizens: caseworker guidance}

A person who holds both this status and British citizenship has the same rights as any British citizen. A person who holds only this status can travel visa free to many countries and can visit the UK for up to 6 months without a visa. They do not automatically have the right of abode or the right to work in the UK.^{[3]HM Passport Office, British overseas territories citizens: caseworker guidance}

British overseas citizen

On 1 January 1983 some people automatically became British overseas citizens. They were people who had been British subject citizens of the UK and colonies and who did not become British citizens or British dependent territories citizens on that date.^{[4]HM Passport Office, British overseas citizens: caseworker guidance}

British overseas citizens can hold a British passport and get consular help from UK diplomatic posts. They are subject to immigration controls and do not have the automatic right to live or work in the UK, unless they are also a British citizen. They can hold dual British nationality. The status cannot normally pass by descent to another generation, unless the child of a British overseas citizen would otherwise be stateless.^{[4]HM Passport Office, British overseas citizens: caseworker guidance}

British subject

British subject status depends on where and when a person and their father were born. A person can be a British subject by birth in what is now the Republic of Ireland or in the area once known as British India, or by descent from a father who is a British subject.^{[5]HM Passport Office, British subject status: caseworker guidance}

British subjects connected to the Republic of Ireland are not subject to immigration controls in the UK and have the automatic right to live and work here because of the Common Travel Area. British subjects with a connection to India or elsewhere outside the Republic of Ireland are subject to immigration controls. They lose British subject status automatically if they acquire any other nationality.^{[5]HM Passport Office, British subject status: caseworker guidance}

British protected person

The term began in the 1800s, when the British government extended protection to people and places outside the Crown’s dominions. The status came from the Royal Prerogative until the British Nationality Act 1948 mentioned it.^{[6]HM Passport Office, British protected persons: caseworker guidance}

Under section 38(1) of the British Nationality Act 1981, citizens or nationals of Brunei are British protected persons. So are people who held the status immediately before 1 January 1983 under the 1978 Order. Some otherwise stateless people can register for it.^{[6]HM Passport Office, British protected persons: caseworker guidance}

A British protected person can hold a British passport and get consular help abroad. They are subject to immigration controls and have no automatic right to live or work in the UK. They cannot hold dual British nationality. If they gain any other British nationality on or after 16 August 1978, they lose the status.^{[6]HM Passport Office, British protected persons: caseworker guidance}

Example

Grace holds a British passport that says she is a British overseas territories citizen. She has no other British status. She wants to move to the UK to work.

Her passport does not give her the right to work in the UK. She needs permission to work, in the same way as other people who need immigration permission. She can visit the UK for up to 6 months without a visa. Her friend Samir holds both British overseas territories citizenship and British citizenship. He has the same rights as other British citizens.

What people get wrong

People often assume that a British passport always means the right to live in the UK. It does not. Home Office guidance says only British citizens and certain British subjects with the right of abode have the right to live and work here. A British overseas territories citizen, British overseas citizen, BNO or British protected person with no other status needs immigration permission.

Home Office guidance on form NS sets out this rule.^{[2]UK Visas and Immigration, Form NS: guidance (accessible version)}

A second mistake is to think that all six types can be combined. The rules differ. A British protected person cannot hold other British nationality, and a British subject connected to India loses that status if they gain another nationality. A BNO and a British overseas citizen can hold another British nationality.^{[4]HM Passport Office, British overseas citizens: caseworker guidance[5]HM Passport Office, British subject status: caseworker guidance[6]HM Passport Office, British protected persons: caseworker guidance[7]UK Visas and Immigration, British nationals (overseas): caseworker guidance}

The bottom line

There are six types of British nationality and they are different. British citizenship carries the right of abode. The other types generally leave the person subject to immigration control unless they also hold British citizenship or the right of abode. Work out which status you hold from the legal facts of your birth, parentage and history, because the rights follow from the status. If you are unsure, contact UK Visas and Immigration or take legal advice.