Immigration Corner | Who is considered a British Protected Person?

Dear Mr. Bassie,

I would like to know who is considered a British Protected Person with respect to British immigration status.

T.K.

Dear T.K.,

Persons would have become a “ British Protected Person” on January 1, 1983 if any of the following applied; If they were: a citizen or national of Brunei; already a British protected person; or they would otherwise have been born stateless (that is without a country) in the United Kingdom (UK) or an overseas territory because, when they were born, one of their parents was a British Protected Person.

In most cases persons would have lost their British Protected Person status if: they gained any other nationality or citizenship of if the territory they were connected with became independent and they had become a citizen of that country.

RIGHTS AS A BRITISH PROTECTED PERSON

As a British Protected Person, persons can hold a British passport, get consular assistance and protection from UK diplomatic posts.

However, those persons are subject to immigration controls and do not have the automatic right to live or work in the UK. It should be further noted that they are not considered a UK national by the European Union (EU).

Become a British protected person

Persons should be aware that they may be able to register as a British Protected Person only if all the following apply:

• They are stateless and always have been;

• They were born in the UK or an overseas territory; and

• Their father or mother was a British protected person when they were born

It is advisable that persons contact UK Visas and Immigration (UKVI) if they think that they might qualify as a British protected person.

Just for completeness it should be noted that persons may be able to register as a British citizen in extremely limited circumstances only if they meet certain conditions.

I hope this helps.

John S. Bassie

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com