Question
Further to the Written Answer by the Baroness Scotland of Asthal on 23 October (WA 206), why, given that no ordinary residence test applies to otherwise stateless British overseas citizens, British protected persons and British subjects wishing to register as British citizens, otherwise stateless British nationals overseas should continue tobe required to satisfy an ordinary residence test.
Answer
Provision for otherwise stateless British nationals overseas was made by the British Nationality (Hong Kong) Act 1997, which was confined to individuals meeting specific criteria and who were resident in Hong Kong. Provision for otherwise stateless British overseas citizens, British protected persons and British subjects was made in Section 12 of the Nationality, Immigration and Asylum Act 2002. They were chosen on the basis that their right to remain in their countries of current residence lacked certainty. There was and is no similar basis relating to British nationals overseas.