Information about British Overseas Territories Act 2002

British & Commonwealth citizenship

Commonwealth nationality laws
British (history) Australian Barbadian Canadian (history) Indian Malaysian Maltese New Zealand Singaporean South African Irish citizens in the UK
Classes of citizens and subjects
British citizen British subject British Overseas Territories citizen British Overseas citizen British National (Overseas) British protected person Commonwealth citizen
Rights and visas
Right of abode Indefinite leave to remain Permanent resident (Australia) Permanent resident (Canada) Belonger status UK Ancestry Entry Clearance
Acts
Ireland Act 1949 British Nationality Act 1981 Falkland Islands (1983) Overseas Territories Act 2002 Canadian Citizenship Act 1946

The British Overseas Territories Act 2002 (2002 c. 8) is an Act of Parliament passed in the United Kingdom in 2002, which superseded the British Nationality Act 1981.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. It further grants, from 21 May 2002, British citizenship to anyone holding British Overseas Territories citizenship on that date (with the exception of those solely connected with the Cyprus Sovereign Base Areas), whereas previously this 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.[1] The only exception to this is for those connected solely with the sovereign military base in Cyprus.

This has allowed residents of British Overseas Territories to apply for a passport describing them as a citizen, to join the UK 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 s4A of the 1981 Act.

While citizens of all the Overseas Territories (except the Sovereign Base Areas) now have the right of abode in the UK, this is not reciprocal, as UK citizens visiting Overseas Territories are subject to local immigration controls, and require residence or work permits.

External links

Full text of the Act

British nationality law is the law of the United Kingdom concerning British citizenship and other categories of British nationality. The law is complex due to the United Kingdom's former status as an imperial power.
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This article concerns the History of British nationality law.

Early British nationality law

British nationality law has its origins in mediÃ¦val times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects
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Australian citizenship was created on 26 January 1949 by the Nationality and Citizenship Act 1948 (later renamed the Australian Citizenship Act 1948). However, Australian citizens continued to be British subjects and other British subjects in Australia had a different
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Barbados achieved independence from the United Kingdom in 1966 as a commonwealth with HM the Queen Elizabeth II remaining the head of state. However, the entire role and responsibility of the Queen is vested in the Governor-General of Barbados.
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Canadian citizenship may be granted to any person by the Governor General, on the advice of the Cabinet,^[1] however it is typically obtained by birth in Canada (other than as a child of a foreign diplomat), by birth abroad, when at least one parent is a Canadian
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Canada was the second nation in the then British Commonwealth to establish its own nationality law in 1946, with the enactment of the Canadian Citizenship Act 1946. This took effect on 1 January 1947
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Indian citizenship/nationality law: The Constitution of India provides for a single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India.
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Malaysia Citizenship Rules 1964.

Requirements

The criteria to be a Malaysian citizen are

every person born before Malaysia Day who is a citizen of the Malaysia by virtue of these provisions

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Maltese nationality law is based primarily on the principles of Jus sanguinis, although prior to 1 August 1989 the principle of Jus soli was the basis of the law.
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New Zealand citizenship was created on 1 January, 1949, by the British Nationality and New Zealand Citizenship Act 1948. Prior to this date New Zealanders were British subjects and New Zealand had the same nationality legislation as the United Kingdom and other
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Singaporean nationality law is derived from the Constitution of Singapore and is based on jus sanguinis and a modified form of jus soli. There are four ways of acquiring Singaporean citizenship: by birth, by descent, by registration or by naturalisation.
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South African Department of Home Affairs: citizenship forms

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This article concerns British nationality law in respect of citizens of the Republic of Ireland.

When the Irish Free State (known in the United Kingdom as "Ã‰ire" between 1937 and 1949) ceased to be part of the United Kingdom in 1922, no specific problem of
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In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.
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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

British Nationality Act 1981

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In British nationality law, the status of British Overseas citizen (BOC) is one of several categories of British national.

British Nationality Act 1981

The British Nationality Act 1981 came into force on 1 January 1983, and divided Citizens of the United Kingdom and
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British nationality law as it pertains to Hong Kong has been a unique situation ever since it was created a British colony in 1842. With its beginning as a trading port to today's cosmopolitan international financial centre, the territory has attracted refugees, immigrants
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The status of British protected person (BPP) is a status held by certain persons under the British Nationality Act 1981. It is not traditionally considered a form of British nationality - as British protected persons are not Commonwealth citizens in British nationality law, they
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A Commonwealth citizen, formerly known as a British subject, is generally a person who is a national of any country within the Commonwealth of Nations.

In British nationality law, a Commonwealth citizen is a person who is either a British citizen, British Overseas
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Right of Abode is a status under United Kingdom immigration laws that gives an unrestricted right to live in the United Kingdom. It was introduced by the Immigration Act 1971.

British citizens

All British citizens have the Right of Abode in the United Kingdom.
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Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold right of abode in the United Kingdom, but who has been admitted to the UK without any time limit on their stay and who is free to take up employment or study, without restriction.
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Australian permanent residents are residents of Australia who hold permanent residency visas but are not citizens of the Commonwealth of Australia.

Holders of permanent residency visas may remain in Australia indefinitely.
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A Permanent Resident in Canada is someone who is not a Canadian citizen and who has been granted permission to live and work in Canada without any time limit on his or her stay. A permanent resident must live in Canada for two years out of every five or risk losing that status.
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Belonger 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.
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A UK Ancestry Entry Clearance often referred to as an "Ancestry Visa" is a United Kingdom Entry Clearance for Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands or Isle of Man who wish to work in the United Kingdom.
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The Ireland Act 1949 is a British Act of Parliament which was intended to deal with the consequences of the Republic of Ireland Act 1948 as passed by the Irish parliament (Oireachtas). The act is still largely in force but has been amended.
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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.
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The British Nationality (Falkland Islands) Act 1983 (1983 c. 6) was an Act of Parliament passed by the British Parliament and came into force on January 1, 1983. The purpose of the Act was to grant British citizenship to residents of the Falkland Islands, a British
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The Canadian Citizenship Act is an Act of the Government of Canada, which came into effect on January 1, 1947, recognizing the definition of a Canadian, including reference to them being British subjects.
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British Overseas Territories Act 2002

See also

External links

Early British nationality law

Requirements

British Nationality Act 1981

British Nationality Act 1981

British citizens