Gibraltarian

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The term Gibraltarian refers to the present day inhabitants of Gibraltar. It is not a nationality, but is a legal status defined in Gibraltar law.

The term was coined in the 1920s at a time of increasing awareness of identity and was popularised during World War II, when the civil population of Gibraltar was evacuated to the United Kingdom and other parts of the British Empire.

Gibraltarians have an absolute right of residence in Gibraltar.

[edit] Definition of Gibraltarian

A Gibraltarian is a person who is registered as a Gibraltarian in the register.

Persons entitled to be registered.

(1) There shall be entitled to be registered at any time any British national who– (a) was born in Gibraltar on or before the 30th day of June 1925; or (b) is the child of a person entitled to be registered under paragraph (a) of this subsection; or (c) is the descendant of a person entitled to be registered under paragraph (a) or (b) of this subsection and whose parent or grandparent was born in Gibraltar; or (d) is the spouse, widow or widower of a person entitled to be registered under paragraph (a), (b) or (c) of this subsection; or (e) is the child of a person who has been registered by virtue of an order of the Minister under Part II; or (f) is the descendant of a person who has been registered by virtue of an order made by the Minister under Part II and whose parent or grandparent was born in Gibraltar; or (g) is the spouse, widow or widower of a person who has been registered by virtue of an order made by the Minister under Part II or who is entitled to be registered under paragraph (e) or (f) of this subsection; or (h) is born in Gibraltar and is the child of a person who is registered in the register; or (i) is the spouse, widow or widower of a person entitled to be registered under paragraph (h) of this subsection.

(2) A British national who is the descendant by legitimate descent of a person entitled to be registered under paragraph (a) or (b) of subsection (1) shall not be deprived of his right to be registered by reason only of the birth of his parent or grandparent taking place outside Gibraltar during the period beginning on the 1st day of April, 1940, and ending on the 31st day of December, 1949.

(3) A person who is entitled to be registered under subsection (1) shall not be deprived of his right to be registered by reason only of the fact that any other person, upon whom his right to be registered depends, has not been registered, if such other person is entitled to be registered under this section, or would have been entitled to be registered under this section if this Ordinance had been in force immediately before the death of such other person.

Application to register.

Any person who is entitled to have his name entered in the register by virtue of section 5 shall apply for registration to the registrar in such manner as may be prescribed.

Married Gibraltarians.

A Gibraltarian who marries or has at any time married a non Gibraltarian shall not thereby cease or be deemed at any time to have ceased to be a Gibraltarian.

Powers of the minister to confer status of Gibraltarian.

Registration of adopted children.

(1) The Minister may, in his absolute discretion, order the registrar to register any person who satisfies the Minister that –

(a) he is a British national, and (b) he has been legally adopted by – (i) a married couple, one of whom is a Gibraltarian; or (ii) an unmarried person who is a Gibraltarian. (2) The Minister may, in his absolute discretion, order the registrar to register any person who satisfies the Minister that – (a) he is a British national; and Gibraltarian Status (b) he is the child of a person who is registered under paragraph (c) or (f) of section 5(1) if such child is not himself entitled to be otherwise registered under paragraph (c) or (f) of section (1).

Registration of other persons.

The Minister may, in his absolute discretion, order the registrar to register any person who satisfies the Minister that –

(a) he is a British Overeas Territories citizen by virtue of his connection with Gibraltar, or Gibraltar or Great Britain is his country of origin; (b) he is a British national; (c) he is of good character; (d) he has sufficient knowledge of the English language; (e) he has his permanent home in Gibraltar; (f) he has been resident in Gibraltar for periods amounting to not less than twenty-five years in the aggregate including the whole of the period of ten years immediately preceding the date of application; and

(g) he intends to make his permanent home in Gibraltar.

Deletion of names of persons registered under Part II.

The Minister may, in his absolute discretion, order that the registrar shall delete from the register the name of any person who has been registered by virtue of an order made by the Minister under this Part if the Minister is satisfied that such person is a British National by virtue of having been naturalised or registered as such a national and has been deprived of this nationality under the provisions of section 40 of the British Nationality Act 1981.