British Overseas Territories Act 2002
Encyclopedia
The British Overseas Territories Act 2002 (c.8) is an Act
of the Parliament
of the United Kingdom
, which superseded parts of the British Nationality Act 1981
. It makes provision for the renaming of the British Dependent Territories as British Overseas Territories
, and the renaming of associated citizenship.
As a result of the act, all who were British Overseas Territories Citizen
s (apart from those solely connected with the Cyprus Sovereign Base Areas
) immediately prior to 21 May 2002 automatically became full British Citizens on that date (previously full British citizenship was available only to people from Gibraltar
and the Falkland Islands
).
The qualifying territories for the purposes of the 2002 Act include the British Indian Ocean Territory
(BIOT) and the British Antarctic Territory
. 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 have 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 naturalisation 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. It also appears that at least one person (Emilio Palma
) holds British nationality by virtue of birth in the British Antarctic Territory
prior to 1983.
Although it was not usual for citizens to acquire British citizenship under the previous British Nationality Act 1981
, if their connection was solely to the British colony or territory, this has now been made automatic. The only exception to this is for those connected solely with the sovereign military bases in Cyprus
.
This has allowed residents of British Overseas Territories to apply for a passport describing them as a citizen, to join the British armed and police forces, and to exercise rights under the Human Rights Act.
South Georgia and the South Sandwich Islands
was included in the scope of the Act mainly due to its former association with the Falkland Islands
. The 2002 Act is similar in scope to the British Nationality (Falkland Islands) Act 1983
and repealed that Act (without affecting the validity of any acquisition of British citizenship under that legislation).
Those acquiring British overseas territories citizenship after 21 May 2002 may usually be registered as British citizens under section 4A of the 1981 Act.
While citizens of all the Overseas Territories (except the Sovereign Base Areas) can now apply for full British citizenship (and therefore gain right of abode in the UK by virtue of being a British citizen), British citizens visiting Overseas Territories are subject to local immigration controls.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which superseded parts of the British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
. It makes provision for the renaming of the British Dependent Territories as British Overseas Territories
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
, and the renaming of associated citizenship.
As a result of the act, all who were British Overseas Territories Citizen
British Overseas Territories citizen
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
s (apart from those solely connected with the Cyprus Sovereign Base Areas
Akrotiri and Dhekelia
The Sovereign Base Areas of Akrotiri and Dhekelia are two British-administered areas comprising a British Overseas Territory on the island of Cyprus administered as Sovereign Base Areas of the United Kingdom...
) immediately prior to 21 May 2002 automatically became full British Citizens on that date (previously full British citizenship was available only to people from Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
and the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
).
The qualifying territories for the purposes of the 2002 Act include the British Indian Ocean Territory
British Indian Ocean Territory
The British Indian Ocean Territory or Chagos Islands is an overseas territory of the United Kingdom situated in the Indian Ocean, halfway between Africa and Indonesia...
(BIOT) and the British Antarctic Territory
British Antarctic Territory
The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom as one of its 14 British Overseas Territories. It comprises the region south of 60°S latitude and between longitudes and , forming a wedge shape that extends to the South Pole...
. 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 have a permanent population and in the case of the British Antarctic Territory
British Antarctic Territory
The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom as one of its 14 British Overseas Territories. It comprises the region south of 60°S latitude and between longitudes and , forming a wedge shape that extends to the South Pole...
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 naturalisation 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. It also appears that at least one person (Emilio Palma
Emilio Palma
Emilio Marcos Palma is an Argentine national who is the first person known to be born on the continent of Antarctica. Emilio weighed 7 pounds and 8 ounces when born in Fortín Sargento Cabral at the Esperanza Base near the tip of the Antarctic peninsula...
) holds British nationality by virtue of birth in the British Antarctic Territory
British Antarctic Territory
The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom as one of its 14 British Overseas Territories. It comprises the region south of 60°S latitude and between longitudes and , forming a wedge shape that extends to the South Pole...
prior to 1983.
Although it was not usual for citizens to acquire British citizenship under the previous British Nationality Act 1981
British Nationality Act 1981
The British Nationality Act 1981 was an Act of Parliament passed by the British Parliament concerning British nationality. It has been the basis of British nationality law since 1 January 1983.-History:...
, if their connection was solely to the British colony or territory, this has now been made automatic. The only exception to this is for those connected solely with the sovereign military bases in Cyprus
Cyprus
Cyprus , officially the Republic of Cyprus , is a Eurasian island country, member of the European Union, in the Eastern Mediterranean, east of Greece, south of Turkey, west of Syria and north of Egypt. It is the third largest island in the Mediterranean Sea.The earliest known human activity on the...
.
This has allowed residents of British Overseas Territories to apply for a passport describing them as a citizen, to join the British armed and police forces, and to exercise rights under the Human Rights Act.
South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands
South Georgia and the South Sandwich Islands is a British overseas territory and overseas territory of the European Union in the southern Atlantic Ocean. It is a remote and inhospitable collection of islands, consisting of South Georgia and a chain of smaller islands, known as the South Sandwich...
was included in the scope of the Act mainly due to its former association with the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
. The 2002 Act is similar in scope to the British Nationality (Falkland Islands) Act 1983
British Nationality (Falkland Islands) Act 1983
The British Nationality Act 1983 was an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983...
and repealed that Act (without affecting the validity of any acquisition of British citizenship under that legislation).
Those acquiring British overseas territories citizenship after 21 May 2002 may usually be registered as British citizens under section 4A of the 1981 Act.
While citizens of all the Overseas Territories (except the Sovereign Base Areas) can now apply for full British citizenship (and therefore gain right of abode in the UK by virtue of being a British citizen), British citizens visiting Overseas Territories are subject to local immigration controls.
See also
- British EmpireBritish EmpireThe British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
- British nationality lawBritish nationality lawBritish nationality law is the law of the United Kingdom that concerns citizenship and other categories of British nationality. The law is complex because of the United Kingdom's former status as an imperial power.-History:...
- History of British nationality lawHistory 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 the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions and...
- Belonger statusBelonger statusBelonger 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 and/or ancestry...
- British Overseas Territories citizenBritish Overseas Territories citizenThe status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...