British Overseas Territories citizen
As of 2024, about 118,000 BOTCs hold valid British passports with this status and enjoy consular protection when travelling abroad.
[7] (Originally the status of subject implied fealty or duties to the Crown without any inherent rights, but at the time of the Act's passing this term had already long been archaic as the Crown's subjects had steadily accrued citizenship rights with the formation of the Parliament of England, with its House of Commons and House of Lords.)
As different areas of the empire were delegated legislative power from London, these territories gradually enacted their own laws governing entry and residence rights.
Several of the largest self-governing colonies achieved Dominion status (starting with Canadian Confederation in 1867), placing their governments on an equal footing to, but retaining links with, that of the United Kingdom.
[9] Although colonies that had not become independent Dominions remained under British sovereignty, they also had an accepted right to determine local immigration policy.
The citizenship rights guaranteed to settlers by King James I in the original royal charter of the 10 April 1606, thereby applied to Bermudians: Alsoe wee doe, for us, our heires and successors, declare by theise presentes that all and everie the parsons being our subjects which shall dwell and inhabit within everie or anie of the saide severall Colonies and plantacions and everie of theire children which shall happen to be borne within the limitts and precincts of the said severall Colonies and plantacions shall have and enjoy all liberties, franchises and immunites within anie of our other dominions to all intents and purposes as if they had been abiding and borne within this our realme of Englande or anie other of our saide dominions.
[12]These rights were confirmed in the royal charter granted to the London Company's spin-off, the Company of the City of London for the Plantacion of The Somers Isles, in 1615 on Bermuda being separated from Virginia: And wee doe for vs our heires and successors declare by these Pnts, that all and euery persons being our subjects which shall goe and inhabite wthin the said Somer Ilandes and every of their children and posterity which shall happen to bee borne within the limits thereof shall haue and enjoy all libertyes franchesies and immunities of free denizens and natural subjectes within any of our dominions to all intents and purposes, as if they had beene abiding and borne wthin this our Kingdome of England or in any other of our Dominions[13]In regards to former CUKCs of St. Helena, Lord Beaumont of Whitley stated in the House of Lords debate on the British Overseas Territories Bill on 10 July 2001: Citizenship was granted irrevocably by Charles I.
[14]After passage of the British Nationality Act 1981, CUKCs were reclassified into different nationality groups based on their ancestry and birthplace: CUKCs with right of abode in the United Kingdom or who were closely connected with the UK, the Channel Islands, the Isle of Man, Gibraltar, or the Falkland Islands became British Citizens while those connected with any other remaining colony became British Dependent Territories Citizens (BDTCs).
[17] Aside from different categories of a citizenship, the 1981 Act also ceased to recognise Commonwealth citizens as British subjects.
[18] Although after the 1 January 1983 any BDTC who legally resided in the United Kingdom for five years (generally with a student's visa or a work permit) was entitled to have leave to remain entered into his or her passport, this was an avenue that few black Bermudians could utilise, as not many could afford to study in the United Kingdom, and fewer still were able to obtain a work permit.
[19][20] The British government was unwilling to grant full citizenship and immigration rights to Hongkongers,[21] fearing a mass migration to the UK after the transfer of sovereignty to China in 1997.
[23] The sole exception to this was for those living in Akrotiri and Dhekelia, which were excluded due to their status as military bases as specified in the treaty establishing Cyprus.
[24][28] There are four ways to acquire British Overseas Territories citizenship: by birth, adoption, descent, or naturalisation.
A child who lives in the same territory until age 10 and is not absent for more than 90 days in each year is also entitled to registration as a BOTC.
However, after a strong campaign by a group called 'British Overseas Territories Citizenship Campaign' led by US-based actor and advocate Trent Lamont Miller, a son of a British Montserrat-born father, the Home Secretary Priti Patel announced in a policy statement on 24 March 2021[31] that the UK Government's intends to remove this discrimination through additional legislation which will provide a retrospective right to register for nationality purposes.
In that same announcement, Patel stated the Government also intends to remove discrimination against children born abroad before 1 January 1981 to BOTC mothers.
The registration criteria were extended in legislation in 2009, but as this was introduced as an unexpected Lord's amendment there was no time to consult with BOT governments about the implications of doing something for BOTCs, which could have an impact on territory migration.
The British Nationality Act 1981, therefore, needs to be amended to allow them to acquire the statuses they would have had if the law had not been discriminatory.
All applicants for naturalisation and registration are normally considered by the governor of the relevant territory, but the Home Secretary retains discretionary authority to grant BOTC status.
[32] Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to the Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies.
[34] BOTC status can be deprived if it was fraudulently acquired[35] or if an individual is solely connected with a territory that becomes independent and that person gains the new country's citizenship.
[37] British Overseas Territories citizens are exempted from obtaining a visa or entry certificate when visiting the United Kingdom for less than six months.
[38] They are eligible to apply for two-year working holiday visas and do not face annual quotas or sponsorship requirements.
These include exemption from registration with local police,[41] voting eligibility in UK elections,[42] and the ability to enlist in the British Armed Forces.
[15] If given indefinite leave to remain (ILR), they are eligible to stand for election to the House of Commons[45] and local government.
[53] Additionally, neither BOTCs nor full British citizens who are not belongers of a given territory may vote or stand for public office in that jurisdiction.
