British Nationality Types and Legal Statuses

In most countries, citizenship is a single legal status that defines a person’s belonging to a state and includes a basic set of rights. However, there are countries where multiple forms of citizenship exist.

One such country is the United Kingdom. Its legal system uses the concept of British nationality, within which several distinct statuses exist, each with different rights.

We have prepared a detailed overview explaining the types of citizenship in the United Kingdom, how they differ, and what rights they confer.

The legal logic of British citizenship categories

The modern model of British nationality is set out in the British Nationality Act 1981, which came into force on 1 January 1983. Before this reform, most people in the former British Empire were formally considered subjects of the Crown. However, as migration increased, the state gradually restricted the right of entry and residence. This created a need to clearly distinguish between categories of persons and their rights.

The 1981 Act introduced a new system that defined separate statuses of British nationality. Each status is linked either to a specific territory or to historical circumstances under which it was acquired. The key change was that the right to reside in the United Kingdom was no longer attached to all forms of nationality, but only to certain categories.

The next major reform took place in 2002 with the adoption of the British Overseas Territories Act 2002. Before that, people connected with overseas territories generally did not have an automatic right to live in the United Kingdom. The Act changed this situation. Most British Overseas Territories Citizens were granted the ability to register as British citizens.

Today, the British legal system distinguishes between nationality and citizenship. Nationality is a broad legal concept that covers all forms of a person’s legal connection to the British Crown. Within this framework, several independent statuses exist, and UK law treats them as different types of nationality.

Citizenship, that is British citizenship, is only one of these statuses, but it is the most comprehensive. In practice, it corresponds to what most countries understand as citizenship.

The key criterion that distinguishes a British citizen from other categories is the right of abode, which is an unconditional right to live in the United Kingdom. Other categories of British nationality, with rare exceptions, do not provide this right.

Types of British nationality

Modern UK law recognises six types of British nationality. A key feature of the system is that these statuses are not equal in terms of rights. Holding British nationality does not automatically grant the right to live in the United Kingdom.

British citizen

British citizen is the central status within the system of British nationality. It corresponds to the classical concept of citizenship used in most countries.

The main feature is the right of abode, which provides an unconditional right to:

• enter the United Kingdom without a visa;
• live in the country without time limits;
• work without additional permission;
• access public services on the same basis as other residents.

This status can be acquired through several main routes:

• By birth. If at least one parent is a British citizen or has settled status, the child will usually acquire citizenship automatically.
• By descent. In certain cases, the status is passed to children born outside the United Kingdom if the parent is a British citizen otherwise than by descent.
• By naturalisation. The standard route for foreign nationals after residence in the country as a permanent resident and successful completion of the required tests.

Unlike other statuses, British citizenship was designed from the outset as a status linked specifically to the United Kingdom itself, rather than to former territories of the Empire or transitional categories. For this reason, it remains the only status that provides the full range of rights within the country.

British Overseas Territories Citizen (BOTC)

British Overseas Territories Citizen, abbreviated as BOTC, relates to the British Overseas Territories such as Gibraltar, Bermuda, the Cayman Islands, the Falkland Islands, and a number of other territories under UK sovereignty but not forming part of the United Kingdom.

Originally, this status did not include the right to reside in the United Kingdom. After the 1981 reform, a separate status was created for most territories, British Dependent Territories Citizen.

From 21 May 2002, most individuals holding BOTC status through a connection with a qualifying overseas territory automatically also acquired British citizenship.

Despite this reform, there are situations in which a person with BOTC status does not obtain British citizenship. This may occur if the status was acquired not through a territorial connection but, for example, by descent outside the relevant jurisdiction. In such cases, the individual remains a BOTC without the right to live in the United Kingdom.

Rights and limitations of BOTC:

• eligibility for a specific type of British passport;
• no automatic right of residence in the United Kingdom;
• possible restrictions on work and stay;
• rights may depend on the legislation of the relevant overseas territory.

Where a person holds both BOTC and British citizen status, these limitations do not apply, as the stronger status prevails.

British Overseas Citizen (BOC)

British Overseas Citizen, abbreviated as BOC, is one of the most complex and least understood statuses within the system of British nationality. Unlike British citizens and most BOTCs, it is not linked to the right to reside in the United Kingdom and in most cases does not provide a direct route to obtaining it.

In essence, it is a residual category that emerged following the dissolution of the British Empire and subsequent legislative changes. It includes individuals who did not automatically acquire another citizenship or did not fall within the new national legal frameworks.

This status was introduced specifically for such cases. It preserves a formal connection with the United Kingdom but does not grant the right to live in the country.

Key characteristics of BOC:

• no automatic right of entry without immigration control;
• no right of residence without a visa;
• no right to work without appropriate permission.

From an immigration law perspective, a BOC holder is treated as a foreign national and must follow the standard procedures for obtaining a visa or permission to stay.

BOC status does not provide a direct or universal route to British citizenship. However, there are specific mechanisms that may apply in individual cases. The most significant are connected with:

• the absence of another citizenship;
• historical circumstances of loss or non-acquisition of citizenship;
• lawful residence in the United Kingdom.

Each case is assessed individually, and there is no automatic entitlement to registration.

British National (Overseas), BN(O)

British National (Overseas), or BN(O), is a special status created for residents of Hong Kong ahead of the transfer of sovereignty to China in 1997. On its own, this status does not grant the right to live or work in the United Kingdom, which makes it closer in legal effect to BOC than to British citizenship.

This status was introduced because, prior to 1997, Hong Kong residents held the status of British Dependent Territories Citizen. With the transfer of sovereignty to China, the question arose as to their future legal position.

As a solution, the BN(O) status was created. According to UK government estimates, several million people registered as BN(O) before the handover. The status still exists and can be held, but it is no longer possible to acquire it.

Basic rights and limitations of BN(O):

• recognition as a British national;
• eligibility for a specific type of British passport;
• no automatic right to reside in the United Kingdom;
• no right to work without an appropriate immigration status.

As with BOC, holding BN(O) status does not provide direct access to residence in the United Kingdom. However, since 2021, the UK has introduced the Hong Kong BN(O) visa route. It allows status holders and their family members to move to the United Kingdom and live, work, and study without restrictions. After five years of residence, they may apply for indefinite leave to remain.

British subject

British subject is one of the oldest statuses in British law. It dates back to the period of the British Empire, when it applied to a large part of the Empire’s population regardless of their place of residence.

Following reforms in the second half of the twentieth century, this status lost its original significance. Today, it remains as a residual category and is retained only by certain groups of people who acquired it under earlier legal rules.

As a rule, this includes individuals who:

• held this status before 1983 and have not lost it;
• did not acquire British citizenship or another nationality after the reform;
• fall within specific transitional provisions of the legislation.

British subject status does not provide an automatic right to live in the United Kingdom. In most cases, holders of this status are subject to general immigration rules. In certain situations, it remains the only legal link between an individual and the state.

British Protected Person (BPP)

British Protected Person, abbreviated as BPP, is the rarest status within the system of British nationality and is associated with territories that were under British protection.

Such territories were not considered part of the British Empire in the full sense. The United Kingdom was responsible for their external relations and defence but did not exercise full sovereignty. As a result, their inhabitants were not granted the status of subjects of the Crown but instead acquired a distinct form of legal connection.

BPP status developed during the period of British protectorates and mandated territories. These included, among others, certain territories in Africa and Asia that were administered by the United Kingdom in the nineteenth and twentieth centuries.

After decolonisation, most of these territories became independent, and the creation of new BPP cases ceased. Today, the status is retained only by individuals who acquired it earlier or inherited it under previous legal regimes.

Key characteristics:

• eligibility for a British passport reflecting the status;
• no right of residence in the United Kingdom;
• no automatic right to work or to long-term stay;
• entry and residence are subject to general immigration rules.

As with some other statuses, BPP may represent the only legal connection between a person and a state. This is particularly relevant where an individual did not acquire the citizenship of a country formed after decolonisation. In such cases, UK law provides for the possibility of registration as a British citizen where no other citizenship is held.

Comparison of types of British nationality

The differences between these statuses become clear only through direct comparison. The key criterion is the right to reside in the United Kingdom. Other parameters are secondary and depend on it.

Differences between types of British nationality:

Out of the six statuses, only British citizenship guarantees a full set of rights without additional conditions. In most other cases, either a separate immigration status is required or the individual must go through registration or naturalisation procedures.