This page explains what a British protected person is and what rights that status gives them. It also gives an overview of the complex rules that govern who may be a British protected person.

If you are not already a British protected person, there are very few circumstances in which it is possible for you to register as one.

If you need more detailed guidance on whether or not you qualify as a British protected person, please contact us.

What does the term mean?

The term started to be used in the second half of the 19th century when Britain extended its protection to people and places outside the British Empire. The places given British protection were:

§                     protectorates;

§                     protected states;

§                     mandated territories; and

§                     trust territories.

People born in these countries became known as British protected persons and this gradually became a form of British nationality. Until 1949 the status was given by royal prerogative. In 1949 the status became a statutory one, granted according to defined rules and available only to people who had no other nationality or way of obtaining one.

Am I a British protected person?

From 1 January 1983, the following categories of people became, or were able to become, British protected persons:

• citizens or nationals of Brunei under any law in Brunei that provided for citizenship or nationality (but this status was subsequently lost when Brunei became a fully sovereign state);
• anyone who, immediately before 1 January 1983, was a British protected person; and
• anyone who would otherwise be born stateless, on or after 1 January 1983, in the United Kingdom or an overseas territory if, at the time of their birth, their mother or father was a British protected person.

In most cases, British protected persons lost that status when they gained any other nationality or citizenship, including British citizenship, British overseas territories citizenship or British Overseas citizenship.

Also, in most cases, British protected persons lost that status when the territory they were connected with became independent and they became a citizen of the newly independent country (whether at independence or later on).

What rights does a British protected person have?

British protected persons have limited rights in terms of living and working in the United Kingdom.

They:

§                     can hold a British passport in that status;

§                     are regarded as British nationals; and

§                     can receive consular assistance and protection from United Kingdom diplomatic posts.

But they:

• are subject to immigration controls and do not have any right to live or work in the United Kingdom without those controls;
• are not able to vote in elections in the United Kingdom;
• are not able to hold some public offices in the United Kingdom; and
• are not considered to be United Kingdom nationals by the European Community.

Protectorates and protected states

Protectorates and protected states were foreign territories to which British protection was extended in some form.

Protected states were places in which:

• there was a properly organised internal government; and
• Britain controlled only the state's external affairs.

Protectorates were protected territories in which:

• there was no properly organised internal government; and
• Britain not only controlled external matters, such as the protectorate's defence and foreign relations but also established an internal

Britain's involvement in protectorates was similar to its involvement in colonies but they did not have the formal status of colonies.

Protectorates from 1949

§               Aden

§               Bechuanaland

§               British Solomon Islands

§               Gambia

§               Kamaran (added in 1954)

§               Kenya

§               Nigeria

§               Northern Rhodesia

§               Northern Territories of the Gold Coast

§               Nyasaland

§               Sierra Leone

§               Somaliland

§               Swaziland

§               Uganda

§               Zanzibar

Protected states from 1949

• Brunei
• Canton Island
• Fujairah (added in 1952)
• The Malay States (Johore, Pahang, Negri Sembilan, Selangor, Perak, Kedah,
  Perlis, Kelantan, and Trengganu)
• The Maldive Islands
• The New Hebrides
• The Persian Gulf States (Kuwait, Bahrain, Qatar, and the Trucial Sheikdoms of Oman (Abu Dhabi, Ajman, Dibai, Kalba, Ras al Khaimah, Sharjah, and Umm al Qaiwain))
  Tonga

Mandated territories and trust territories

A mandated territory was a territory administered by the government of any country in the former British Empire by a mandate from the League of Nations (which later became the United Nations). They were created because, in the 1920 Treaty of Versailles, Germany renounced its claims to its former colonies and, where those countries were unable to become independent, others took responsibility for their government. The United Kingdom, Australia, New Zealand and South Africa accepted these mandates.

A trust territory was a territory administered by the government of any country in the former British Empire under the trusteeship system of the United Nations. Most mandated territories became trust territories under the United Kingdom's Mandated and Trust Territories Act 1947. The others became independent, apart from Palestine, which became part of the new state of Israel, and South West Africa, which continued to be a mandated territory administered by South Africa.

A UK mandated or trust territory was one administered by the British Government. Non-UK mandated or trust territories were administered by Australia, New Zealand, or South Africa.

British nationality law differed depending on whether a territory was a mandated or trust territory, and on whether or not it was a UK mandated or trust territory. This affected, for example, whether or not someone born there would be a British subject.

UK mandated territories after 1920

§               Cameroons

§               Tanganyika

§               Togoland

§               Palestine

§               Transjordan

§               Iraq

Non-UK mandated territories after 1920

§               Nauru (administered by Australia)

§               New Guinea (administered by Australia)

§               Solomon Islands (administered by Australia)

§               South West Africa (administered by South Africa)

§               Western Samoa (administered by New Zealand)

UK trust territories after 1949

§               Cameroons

§               Tanganyika

§               Togoland

Non-UK trust territories after 1949

§               Nauru (Australia)

§               New Guinea (Australia)

§               Solomon Islands (Australia)

§               Western Samoa (New Zealand)

UK mandated territories after 1949

None

Non-UK mandated territories after 1949

§               South West Africa (South Africa)

You may be able to register as a British protected person only if:

§               you are, and always have been, stateless; and

§               you were born outside the United Kingdom and the overseas territories; and

§               at the time of your birth, your father or mother was a British protected person.