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Borders, Citizenship and Immigration Act 2009

Section 44: British Nationals (Overseas) without other citizenship

169.Section 44 amends section 4B of the BNA 1981. This adds British Nationals (Overseas) to those who are eligible to apply for registration under this section, which currently includes British Overseas citizens, British subjects and British protected persons. The amendment will allow British Nationals (Overseas) to be registered as British citizens if they do not hold any other citizenship or nationality, and have not done anything to effect the loss of another citizenship or nationality since 19 March 2009 (which is the date this change was announced).

170.Section 44(3) and (4) replace the current requirement that a person should not have lost any other citizenship or nationality after 4 July 2002, as a result of renunciation, voluntarily relinquishment, action or inaction. This is replaced with a requirement not to have done so after the “relevant day”. For British Nationals (Overseas) the “relevant day” will be 19 March 2009, for the other types of nationals covered by section 4B it will remain as 4 July 2002. These dates correspond with the dates the relevant changes were announced.

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