BRITISH
CITIZENSHIP BILL IS NOW LAW
The over 200,000 residents of
Britain’s Overseas Territories are now officially entitled to
British citizenship, following passage of new legislation by the
British Parliament.
The bill extends British citizenship
to the citizens of 14 territories around the world, including the
British Virgin Islands. They now have the right to visit, study,
live and work in the United Kingdom without prior permission and to
freely move within, reside or work in the European Union without a
work permit.
British citizenship will be
automatically conferred on BVIslanders and citizens of Anguilla, the
Cayman Islands, Montserrat, Bermuda and the Turks and Caicos Islands
and the other territories concerned. Citizens would not have to
apply, however, persons who acquired citizenship by naturalization
or registration would need to apply for this new status.
It is important to note that individuals can hold British Overseas
Territories citizenship and British citizenship concurrently.It is
anticipated that the majority of people will hold one passport,
indicating both statuses.
Individuals will have the option to renounce it should they wish to
and allow it to lie dormant.
If at a later stage they wish to show
that they have British citizenship, they will be able to do so.
However, if a person formally renounces British citizenship and
wants to get it back again, they would have to apply, via the
Governor, to the Home Secretary.
Children born in the British Dependent Territories will also get
British citizenship. Future children born to British citizen parents
will automatically be British citizens if they are born in an
Overseas Territory or in the United Kingdom.
If they are born outside the OT’s
or in the UK, they will be British citizens if they have a parent
who is a British citizen otherwise than by descent.
The offer of British citizenship was made to individuals, not to
territories. Therefore, there is no linkage to the Overseas
Territories carrying out human rights changes. The offer is
non-reciprocal as far as immigration rights are concerned.
In terms of whether British citizens
would now be eligible for US visa waivers, this is a matter for the
authorities in the USA.
Currently, the US is understood to waive the requirement for an
advance visa only in respect of British citizens travelling from the
UK.
British citizenship does not mean automatic entitlement to UK state
benefits and thus citizens resident outside the UK/EU are not
subject to the direct taxation regimes operated by the UK or other
Member States of the European Union.
On independence, the nationality
consequences would be dealt with in a separate Act of Parliament.
The British Overseas Territories Bill does not give voice to any
assumptions in that respect.
The bill also officially changes the name of Britain's Dependent
Territories to Overseas Territories.
The territories will retain their own
legislatures, but a Foreign and Commonwealth Office Minister has
specific responsibility for looking after OT issues and will
represent their interests in Parliament.
Individuals are reminded that a booklet has been prepared on the
issue and is available at the Governor’s Office. Further detailed
enquiries should be submitted in writing through the Governor’s
Office in the first instance or by consulting the FCO website at www.fco.gov.uk.
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