BNA 1981 - did all CUKC's receive a new type of citizenship?

[TillerGirl]

It seems like the BOTC, BOC, etc, all seem to be connected to former colonies. What if a person was a CUKC without ROA, had been registered at a consulate, but was from a foreign country (non-colony)?

Thank you!

[contorted_svy]

I think they would not have a right to British citizenship by virtue of not having ROA at the cutoff date of 1 Jan 1983 - they would have become British subjects. Other more experienced members can comment further.

[CR001]

Is this query related to you other topic?

viewtopic.php?p=2169410#p2169410

[TillerGirl]

Is this query related to you other topic?

viewtopic.php?p=2169410#p2169410

It is not specifically related. I would just like to know what form (if any) of "citizenship" a non - ROA, registered CUKC from a foreign country became in 1983. Or did they just lose all status and drop off the planet as far as the British government was concerned?

Thank you!

[contorted_svy]

Until they acquired another citizenship, they would be British subjects but not British citizens.

[TillerGirl]

Until they acquired another citizenship, they would be British subjects but not British citizens.

Thank you!

[secret.simon]

To answer the question in the subject, yes, all CUKCs would have received a new citizenship on 1st January 1983. Those who did not become British citizens or British Dependent Territories Citizens (now British Overseas Territories Citizens) on 1st January 1983 became British Overseas Citizens, a residual category that was designed to die out as it could not be inherited and which gave no right of abode in the UK.

Until they acquired another citizenship, they would be British subjects but not British citizens.

Not quite correct. British subjects without citizenship is mostly limited to those who were British subjects before 1948, but who subsequently did not qualify for citizenship of Ireland or any Commonwealth country, including the UK and Colonies. Most British subjects without citizenship would be so with relationship to Ireland or the Indian sub-continent and would only apply to those who did not automatically become Irish, Indian or Pakistani citizens at the time their nationality laws came into effect.

A CUKC who did not have RoA on 1st January 1983 became a British Overseas Citizen (BOC) on 1st January 1983. They can retain their status as a BOC and hold a BOC passport for their lifetime, but (a) they can't pass it on to their children and (b) they don't have the Right of Abode in the UK. Essentially, all a BOC status entitles them to is access to British consular assistance overseas/outside the UK.

had been registered at a consulate,

Under what provision of the 1948 Act were such a person registered as a British citizen? Was any of their grandparents born in the UK?

[TillerGirl]

To answer the question in the subject, yes, all CUKCs would have received a new citizenship on 1st January 1983. Those who did not become British citizens or British Dependent Territories Citizens (now British Overseas Territories Citizens) on 1st January 1983 became British Overseas Citizens, a residual category that was designed to die out as it could not be inherited and which gave no right of abode in the UK.

Until they acquired another citizenship, they would be British subjects but not British citizens.

Not quite correct. British subjects without citizenship is mostly limited to those who were British subjects before 1948, but who subsequently did not qualify for citizenship of Ireland or any Commonwealth country, including the UK and Colonies. Most British subjects without citizenship would be so with relationship to Ireland or the Indian sub-continent and would only apply to those who did not automatically become Irish, Indian or Pakistani citizens at the time their nationality laws came into effect.

A CUKC who did not have RoA on 1st January 1983 became a British Overseas Citizen (BOC) on 1st January 1983. They can retain their status as a BOC and hold a BOC passport for their lifetime, but (a) they can't pass it on to their children and (b) they don't have the Right of Abode in the UK. Essentially, all a BOC status entitles them to is access to British consular assistance overseas/outside the UK.

had been registered at a consulate,

Under what provision of the 1948 Act were such a person registered as a British citizen? Was any of their grandparents born in the UK?

Hi secret.simon! Registered under BNA 1948, Section 5 (1)(b).

I'm still thinking through the whole thing, but I understand your question about the birth of a grandparent.

I had also decided that BOC was the non-ROA citizenship for what would potentially be my case, but the current Gov.uk website seemed to contradict what would be my case, so thank you for confirming. I agree that it's not worth much. Just wanted to find out.

Thank you for your response! You are so knowledgeable, and I really do appreciate the time you take to help others.