BOC → BC §4 Discretionary (incl. Hong Kong 1989 measures)

Three distinct eligibility channels run through this route. (1) s.4(2) ENTITLEMENT: a BOC (or BS/BPP/BN(O)/BOTC) lawfully resident in the UK for five years (present at the start of the period, not more than 450 days absent across the five years, not more than 90 days in the final 12 months, free of immigration time-restrictions in the final 12 months, no breach of immigration laws across the period) is entitled to register as a British citizen. (2) s.4B remedial: a BOC/BS/BPP/BN(O) who has NO other citizenship or nationality and has not given any up since the relevant day may register — with NO residence requirement. (3) The closed 1990 Hong Kong selection scheme (registration deadline 30 June 1997).

Under s.4(2): lawful 5-year UK residence with the day-count limits (≤450 days total absence; ≤90 days in the final year); free of immigration time-restrictions for the final 12 months; no breach of immigration laws during the five years; good character (s.41A, non-waivable, ages 10); and the citizenship oath/pledge at a ceremony. The s.4(3) 'present at the start' requirement is disapplied for a person settled in the UK immediately before commencement (1 Jan 1983). Under s.4B there is NO residence, language or Life-in-the-UK requirement — the sole test is that the Secretary of State is satisfied the applicant holds no other citizenship/nationality and has not renounced, voluntarily relinquished or lost one since the relevant day; good character still applies.

The decision-maker is the Secretary of State for the Home Department, acting through UK Visas and Immigration (Home Office). s.4(2) and s.4B are entitlement-based (the applicant 'shall be entitled' / 'may' register on the conditions being met), exercised on application with biometric enrolment, supporting documents, good-character checks and (for successful applicants) a citizenship ceremony with oath/pledge. By contrast s.4(5)-(6) (Crown/BOT service) and the general s.4A (BOTC) power are DISCRETIONARY ('may, if he thinks fit'). For the historical 1990 scheme, registration was effected by the Home Secretary on the recommendation of the Governor of Hong Kong under an approved selection scheme.

Fees are set by the Immigration and Nationality (Fees) Regulations 2018 (SI 2018/330), Schedule 8 Table 19, as periodically uprated. Adult British-citizen registration (line 19.2.1) is £1,540; child registration (19.3.1) is £1,000 (decreased from the prior £1,214). A further uprating by SI 2026/311 takes effect 8 April 2026 at 09:00. The citizenship ceremony fee is £130 (Fee 20.4.1) and oath/pledge administration is £5 (Fee 20.4.2). The s.4B remedial route attracts the same Table 19 registration fee. s.4B was historically used after the closed scheme; the 1990-scheme registrations themselves were administered without the modern fee architecture.

The route is governed by the British Nationality Act 1981 (c.61), in force 1 January 1983 (SI 1982/933 art.2). The acquisition vehicles are: (a) s.4 (registration of a British Overseas citizen (BOC), British subject under the Act, British protected person (BPP), British National (Overseas) (BN(O)) or British overseas territories citizen (BOTC) as a British citizen); and (b) s.4B (registration of an otherwise-citizenship-less BOC/BS/BPP/BN(O), inserted by the Nationality, Immigration and Asylum Act 2002 (c.41) s.12, in force 30 April 2003). The historical Hong Kong selection scheme rests on the separate British Nationality (Hong Kong) Act 1990 (c.34).