Immigration Corner | Who is a British protected person?

Dear Mr Bassie,

I have heard the term ‘British protected person’ used. Please let me know who is considered a British protected person. I am looking forward to your response.

– T.W.

Dear T.W.,

Persons would have become a British protected person on January 1, 1983, if they were citizens or nationals of Brunei or if, at that time, they were already British protected persons. Persons would also be considered to be British protected persons if they would otherwise have been born stateless, that is without attachment to a country, in the United Kingdom or an overseas territory because, when they were born, one of their parents was a British protected person.

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

THE RIGHTS AS A BRITISH PROTECTED PERSON

With respect to the rights as a British protected person, persons who successfully obtain this status can hold British passports, and they can get consular assistance and protection from United Kingdom diplomatic posts.

However, it should be noted that those persons are subject to immigration controls and do not have the automatic right to live or work in the United Kingdom. In addition, those persons are not considered United Kingdom nationals by the European Union.

HOW TO BECOME A BRITISH PROTECTED PERSON

Persons may be able to register as a British protected person only if all of the following conditions apply:

• Persons are stateless and always have been;

• Persons were born in the United Kingdom or an overseas territory;

• Persons’ father or mother was a British protected person when they were born.

It should be noted that individuals can contact United Kingdom Visas and Immigration if they think that they might qualify as a British protected person.

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

John S. Bassie is a barrister/attorney-at-law who practices 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, global vice-president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (U.K.). Email: lawbassie@yahoo.com