November 30 2001

 

 

 

 

 

 

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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