The British Overseas Territories Act 2002 (c.8) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
which superseded parts of the
British Nationality Act 1981
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
History
In the mid-1970s the British Government decided to update the nationality code, which had b ...
. It makes legal provision for the renaming of the ''British Dependent Territories'' as
British Overseas Territories
The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom. They are the last remna ...
, and the renaming of associated citizenship.
As a result of the act, all who were
British Overseas Territories citizen
A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories (previo ...
s (apart from those solely connected with the
Cyprus Sovereign Base Areas) immediately prior to 21 May 2002 ''automatically'' became full
British citizens
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
on that date (previously full British citizenship was either automatically accorded or granted without conditions on request only to people from
Gibraltar
)
, anthem = " God Save the King"
, song = " Gibraltar Anthem"
, image_map = Gibraltar location in Europe.svg
, map_alt = Location of Gibraltar in Europe
, map_caption = United Kingdom shown in pale green
, mapsize =
, image_map2 = Gib ...
and the
Falkland Islands
The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouzet ...
).
The law was enacted five years after the end of British sovereignty over
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
, whose population had been vastly greater than all other British Dependent Territories put together.
The ''qualifying territories'' for the purposes of the 2002 Act include the
British Indian Ocean Territory
The British Indian Ocean Territory (BIOT) is an Overseas Territory of the United Kingdom situated in the Indian Ocean, halfway between Tanzania and Indonesia. The territory comprises the seven atolls of the Chagos Archipelago with over 1,000 ...
(BIOT) and the
British Antarctic Territory
The British Antarctic Territory (BAT) is a sector of Antarctica claimed by the United Kingdom as one of its 14 British Overseas Territories, of which it is by far the largest by area. It comprises the region south of 60°S latitude and between ...
. At the time, there was discussion as to whether either of these territories should be treated as ''qualifying territories'' for the purposes of the Act, when neither has a permanent population and in the case of the British Antarctic Territory there are competing territorial claims that are held in abeyance.
Although it is not normally possible under either territory's immigration laws to acquire British Overseas Territories citizenship (BOTC) by naturalization in that territory, the former inhabitants of the BIOT still hold BOTC by virtue of their birth, or a parent's birth, in that territory.
Although it was possible for BOTCs to voluntarily acquire British citizenship under the previous provisions of
British Nationality Act 1981
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
History
In the mid-1970s the British Government decided to update the nationality code, which had b ...
through section 4 registration by meeting UK residency and good character requirements prior to 2002, the enactment of the 2002 act means that every BOTC who was not already a British citizen on enactment day automatically acquired that status without satisfying residency and character requirements.
Foreign and Commonwealth Office website
/ref> This, effectively, means that BOTCs are in a unique position of simultaneously holding two forms of British nationality. The only exception to this are for those connected solely with the sovereign military bases in Cyprus, and those who acquired BOTC status voluntarily (i.e., through naturalization) after 21 May 2002.
This has allowed residents of British Overseas Territories to apply for and travel on a separate British passport
A British passport is a travel document issued by the United Kingdom or other British dependencies and territories to individuals holding any form of British nationality. It grants the bearer international passage in accordance with visa requ ...
describing them as a British citizen, to reside in the UK permanently without being subject to UK immigration control, to join the British armed forces and police forces, and to exercise rights under the Human Rights Act. Although not explicitly stated, the act also granted them EU citizenship
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
through UK's membership in the European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, which (until UK's withdrawal from the EU was finalized) meant that BOTCs with British citizen passports were afforded all rights accorded to EU citizens in any EU country.
South Georgia and the South Sandwich Islands
)
, anthem = "God Save the King"
, song_type =
, song =
, image_map = South Georgia and the South Sandwich Islands in United Kingdom.svg
, map_caption = Location of South Georgia and the South Sandwich Islands in the southern Atlantic Oce ...
was included in the scope of the Act mainly due to its former association with the Falkland Islands
The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouzet ...
. The 2002 Act is similar in scope to the British Nationality (Falkland Islands) Act 1983
The British Nationality (Falkland Islands) Act 1983 (1983 c. 6) is an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983. The purpose of the Act was to grant British citizenship to residents of the Falkland Islan ...
and repealed some of that Act (without affecting the validity of any acquisition of British citizenship under that legislation).
Those naturalizing as British overseas territories citizens after 21 May 2002 may submit an application to be registered as British citizens under section 4A of the 1981 Act, subject only to good character requirements. However, the application must be made voluntarily. Hence, it is still theoretically possible for a person to hold only BOTC status but not British citizenship after 2002, if they had never filed such an application or their application is refused by the UK government.
While BOTCs of all the Overseas Territories (except the Sovereign Base Areas) are now either British citizens or eligible to acquire British citizenship (and therefore gain right of abode in the UK by virtue of being a British citizen), British citizens visiting Overseas Territories are still subject to local immigration controls and are, in most cases, given limited leave to remain by the territory's immigration officers.
Qualifying territories
In the following is a list of all the overseas territories in which qualify under the provisions of the Act.
*
*
*
*
*
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*
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*
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See also
*British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
*British nationality law
British nationality law prescribes the conditions under which a person is recognised as being a national of the United Kingdom. The six different classes of British nationality each have varying degrees of civil and political rights, due to the ...
*History of British nationality law
This article concerns the history of British nationality law.
Early English and British nationality law
British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of th ...
*Belonger status
Belonger status is a legal classification normally associated with British Overseas Territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for belonger status, and the right ...
*British Overseas Territories citizen
A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the British Overseas Territories (previo ...
References
{{Authority control
United Kingdom Acts of Parliament 2002
British Overseas Territories
Nationality law in British Overseas Territories
2002 in Gibraltar
2002 in British Overseas Territories