Dear Mr. Bassie,Please advise on who is considered a British overseas citizen.L.S.

Dear L.S.,Persons would have become a British overseas citizen on January 1,1983 if both of the following applied:•    They were citizens of the United Kingdom and Colonies (CUKC) on December 31, 1982;•    They did not become either a British citizen or a British overseas territories citizen on January 1, 1983.Hong KongIf persons were British overseas territories citizens only because of their connection with Hong Kong they lost that citizenship on June 30,1997 when sovereignty returned to China.However, persons became British overseas citizens if either:•    they had no other nationality and would have become stateless•    they were born on or after July 1, 1997 and would have been born stateless if one of their parents was a British national (overseas) or British overseas citizen when they were born.Rights as a British overseas citizenIn terms of rights as a British overseas citizen, persons can hold a British passport; get consular assistance and protection from United Kingdom (UK) diplomatic posts.Unless persons are also a British citizen: they are still subject to immigration controls - they do not have the automatic right to live or work in the UK. Also, they are not considered a UK national by the European Union (EU).Become a British overseas citizenPersons can only apply to become a British overseas citizen in limited circumstances.Persons may be able to register as a British overseas citizen if they are stateless (not recognized by any country as having a nationality) and both of the following apply:•    they were born in the UK or an overseas territory•    one of their parents is a British overseas citizenThey may also be able to register if they are stateless and all of these apply:•    they were born outside the UK and qualifying territories•    one of their parents is a British overseas citizen•    they have lived in the UK or an overseas territory for three years or morePlease note that they will have to fill in different forms depending on whether they were:•    born before January 1, 1983 – persons should read the guidance and fill in Form S1•    born on or after January 1, 1983 – persons should read the guidance and fill in Form S2ChildrenA child under 18 years old can be registered as a British overseas citizen in special circumstances. When applying for children. Persons applying are advised to read the guidance notes before using Form MN3.Just for completeness please note that persons may be able to register as a British citizen,  if they are a British overseas citizen and meet certain conditions.I hope this helps.

John S. BassieJohn 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 (U.K.). Email: lawbassie@yahoo.co