TNAG-1405-FCO40-1880-Future-of-Hong-Kong-passports-and-visas-1985 — Page 180

BRITISH NATIONALITY ACT 1981

1. The British Nationality Act 1981, which is due to come into force on 1 January 1983, will replace citizenship of the United Kingdom and Colonies with three entirely new citizenships

2.

(i)

(ii)

(iii)

BRITISH CITIZENSHIP, for those closely connected with the United Kingdom itself. British citizens will have an automatic right of abode in the United Kingdom.

BRITISH DEPENDENT TERRITORIES CITIZENSHIP, for those with certain specified ties with one or more of the dependent territories (a list of these territories is attached). and

BRITISH OVERSEAS CITIZENSHIP, for those present citizens of the United Kingdom and Colonies who acquire neither of the other citizenships on 1 January 1983. These will be mainly people who acquired their citizenship of the United Kingdom and Colonies through an association with a former dependent territory.

The outside cover of United Kingdom passports issued to all categories of citizen after 1 January 1983 will be the same as that in use at present. The citizenship held will be stamped on Page 1. The citizenship description will no longer be prefaced by the words 'British subject', as for example in the currently used 'British subject: citizen of the United Kingdom and Colonies'.

3.

Although everyone who is now a citizen of the United Kingdom and Colonies will acquire one of the three new citizenships on 1 January, only British citizenship will confer the right of abode in the United Kingdom. Confirmation of this right in the passport would be superfluous and could even be misleading. United Kingdom passports issued to British citizens will not contain a reference to the right of abode therefore and immigration authorities may assume that British citizens are free to enter and stay in the United Kingdom for as long as they wish.

4.

There will be a considerable number of United Kingdom passports in circulation after 1 January 1983 which will have been issued before that date, and in which the holder will still be described as a citizen of the United Kingdom and Colonies. These passports, which will continue to remain valid until the date of expiry indicated will, as is the present practice, bear the printed right of abode endorsement. Provided this endorsement has not been deleted, authorities may assume after 1 January 1983 that the holder is a British citizen.

5.

British Dependent Territories citizens and British Overseas citizens will not, unless they are also British citizens, have the right of abode in the United Kingdom and passports issued to them will normally be endorsed 'Holder is subject to control under the Immigration Act 1971' or 'Holder is entitled to re-admission to the United Kingdom'. Either of these endorsements will also normally appear in the passports of British protected persons and British subjects, the status and description of whom will be unaffected by the new nationality act. It should be noted however that in certain circumstances it is possible for a British subject to possess the right of abode in the United Kingdom. The status 'British subject' should not be confused with the new status 'British citizen'.

6. As in the case of British citizens, many British Dependent Territories citizens and British Overseas citizens will for some years after 1 January 1983 be travelling on passports issued before that date, in which they are still described as citizens of the United Kingdom and Colonies. Their position under United Kingdom immigration law will be readily apparent however since the right of abode endorsement will be deleted and one of the two endorsements described in the last paragraph will have been entered.

1

Page 180Page 181