British nationality and British citizenship – are they the same?

As a British citizen, you enjoy the right of abode in the UK, allowing you to reside, work, study, and access the NHS without any cost for the rest of your life. Importantly, you are exempt from immigration control, and you can apply for a British passport. There are several pathways:

• British citizenship by birth – this depends on several factors, including whether you were born in the UK or a British colony and the specific time of your birth.
  
• British citizenship by descent – if you were born overseas, you may qualify for British citizenship if your parent(s) or grandparent(s) held British citizenship.
  
• British citizenship by marriage – this option is available based on your relationship, marriage, or civil partnership with a British citizen.
  
• Naturalisation – if you have held UK permanent residence status for a minimum of 12 months, you can apply for naturalisation.

You may be recognized as a British overseas territories citizen if:

• You were born before January 1st, 1983, and were a citizen of the United Kingdom and Colonies or you were born in a British overseas territory, and your parents or grandparents were born, registered, or naturalised in the same British overseas territory.
  
• You were born after January 1st, 1983, in a British overseas territory where one of your parents was legally settled or a citizen.
  

Please note that the aforementioned rules are not exhaustive. As a British Overseas Territories citizen, you have the right to apply for a British passport. You are subject to immigration controls and do not automatically possess the right of abode, however.

If you were a citizen of the United Kingdom and Colonies (CUKC) on December 31st, 1982, and did not become a British citizen or a British overseas territories citizen on January 1st, 1983, you may be classified as a British overseas citizen.

As a British overseas citizen, you can apply for a British passport; nevertheless, you are still subject to immigration controls and do not have an automatic right of abode or the right to work in the UK.

If your connection to Hong Kong made you a British overseas territory citizen, you might have been registered as a British national (overseas) before July 1st, 1997.

As a British national (overseas), you can apply for a British passport; nonetheless, you are still subject to immigration controls and do not automatically possess the right of abode or the right to work in the UK. Alternatively, you can apply for the BNO visa, which allows you to reside, work, and study in the UK.

You may be considered a British-protected person if, as of January 1st, 1983, you were a citizen or national of Brunei, or if you already held this status. Additionally, if you are stateless (and always have been), born in the UK or an overseas territory, and one of your parents held this status when you were born, you can register as a British-protected person.

Based in London, SilverOak Solicitors are an experienced team that provides comprehensive legal advice for all aspects of immigration. Whether it’s help with visas, claiming asylum or applying for citizenship, we’re here to help.