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The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.
The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and Colonies (CUKCs) into three categories:
There are categories of British national other than these three, but these consist of persons who were not CUKCs before 1983.
See also History of British nationality law
On 26 February 2002 British Dependent Territories citizenship (BDTC) was renamed to British Overseas Territories citizenship (BOTC). The two terms have identical meaning.
British Overseas Territories citizenship is a 'citizenship' covering all the Overseas Territories. Individual overseas territories do not have their own legal nationality status. However they retain the right to make their own immigration laws and award Belonger status, and holding BOTC does not in itself give a right to reside in a British Overseas territory. This depends on a territory's immigration laws. Thus, some BOTCs have no right to live in any territory.
Similarly, it is possible to have Belonger status in a territory without necessarily being a BOTC, depending on the law of that territory. Most non-British citizens who acquire this status will normally become naturalised BOTCs, while British citizens have the option to do so if they wish.
From 1 January 1983 a person born in an Overseas Territory is a BOTC by birth if one of the person's parents is a BOTC or settled in an Overseas territory.
A child born in an Overseas Territory may be entitled to registration as a BOTC if:
A person born outside the Overseas Territories on or after 1 January 1983 will automatically acquire BOTC by descent if either parent is a BOTC otherwise than by descent at the time of the birth.
The requirements for naturalisation as a BOTC depend on whether one is married to a BOTC or not.
For those married to a BOTC the applicant must:
For those not married to a BOTC the requirements are
All applicants for naturalisation must be of "good character". Naturalisation is at the discretion of the Governor the Territory but is normally granted if the requirements are met.
Prior to 21 May 2002 only BOTCs from the Falkland Islands and Gibraltar had automatic access to British citizenship.
On 21 May 2002 any BOTC who was not already a British citizen automatically acquired that status, with the exception of those solely connected with the Sovereign Base Areas of Cyprus.
Those acquiring BOTC after 21 May 2002 may normally become British citizens through one of the following routes:
A BOTC is eligible to apply for registration as a British citizen based on his status as a BOTC under s4A of the British Nationality Act 1981 (in force from 21 May 2002) provided:
Registration is discretionary but will not normally be refused unless there is a specific reason.
This option confers British citizenship otherwise than by descent and hence children born subsequently outside the United Kingdom will normally have access to British citizenship.
This confer British citizenship otherwise than by descent however since the introduction of section 4A are usually of interest only to BOTCs from the Sovereign Base Areas of Cyprus.
BOTCs by connection with Gibraltar may apply for registration as a British citizen under section 5 of the 1981 Act. Unlike section 4A registration:
This section is relatively unused since the British Overseas Territories Act 2002 came into force, but remains part of the law.
Persons born in a British Overseas Territory after 21 May 2002 automatically acquire British citizenship (even if they do not acquire BOTC) so long as one parent is a British citizen, settled in the UK, or settled in an Overseas Territory (other than the Sovereign Base Areas).
Between 1 January 1983 and 20 May 2002, this provision only extended to the Falkland Islands.
With effect from 1 January 2004, all new applicants for BOTC by naturalisation or registration who are aged 18 or over must attend a citizenship ceremony and take an Oath of Allegiance to the Queen and a Pledge to the relevant Territory.
BOTC can be lost involuntarily through
The provisions for renunciation and resumption of BOTC mirror those for British citizenship. See British nationality law
Acquisition of a foreign citizenship does not cause loss of BOTC, however it may cause loss of Belonger status depending on the laws of the territory concerned.
The only British Dependent Territory to have become independent since 1 January 1983 is St. Christopher and Nevis. St Christopher (aka St Kitts) and Nevis became an independent Commonwealth country on 19 September 1983. British citizenship was not lost by anyone who became a citizen of these countries on that date. British Dependent Territories citizenship was however lost unless there was a connection with a remaining dependent territory.
BDTCs solely connected with Hong Kong lost that status on 1 July, 1997 upon transfer of sovereignty to the People's Republic of China.
To close a possible loophole created in British Overseas Territories Act 2002, which made provision to subtitute the wording of "British Dependent Territories" with "British Overseas Territories" in British Nationality Act 1981 among other new provisions, further clarification was made even though the Act did not even apply to Hong Kong. Article 14 of the subsequent Nationality, Immigration and Asylum Act 2002, stated specifically that a person may not be registered as a British overseas territories citizen by virtue of a connection with Hong Kong.
Most British Overseas Territories do not wish to become independent, or have no civilian population. However independence is under discussion in some territories, most notably Bermuda.
Although powers to register or naturalise a person as a BOTC are vested in the Home Secretary, these powers are generally delegated to the Governors of Overseas Territories under s43 of the British Nationality Act 1981.
Only in exceptional cases will the Home Office in the United Kingdom register or naturalise a person as a BOTC, and in such instances the Governor of the relevant territory will be informed.
Normally applications for BOTC that are received directly by the Home Office (e.g. from persons in the United Kingdom) are referred to the Governor of the relevant territory for consideration.
Citizens of French overseas dependencies, unlike their British counterparts, are considered French citizens as well, regardless of whether they were born on the mainland, Corsica or in one of the dependencies. Persons born in one of France's ex-colonies when they were administered by France could become French citizens under certain circumstances.
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