There are four ways to acquire British Overseas Territories citizenship: by birth, adoption, descent, or naturalisation. [25], Individuals born outside of the territories are BOTCs by descent if either parent is a BOTC otherwise than by descent. Territorial residents resented this treatment, because although Britain bore ultimate responsibility for their homes as the sovereign power, it did not treat them more favourably than travellers from foreign countries. [27] Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to the Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies. 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: 1. [15], In the remaining dependent territories, the majority of white residents maintained access to full citizenship while this was denied to non-white belongers. The contents of this site are for general information purposes for the clients and professional contacts of HSM Chambers and HSM IP Ltd. Any other use of the guides, publications or other content found on this website is expressly prohibited without the prior written consent of the HSM Group.

Even persons who hold Cayman Islands passports and were born and have always lived in the Cayman Islands may not be Caymanian. At the same time, a common imperial nationality was maintained (British subject status) so that those "belonging" to one territory would not be considered aliens in another. Confusion Between BOT Citizenship and Being Caymanian. BOTCs naturalised after that date may also become British citizens by registration at the discretion of the Home Secretary. About 63,000 BOTCs hold active British passports with this status and enjoy consular protection when travelling abroad. Even then, if they work without a work permit, or move away for five years, their right to reside is lost. first British Overseas Territories Citizen passport. In all cases that an individual is a British Overseas Territories citizen at birth or adoption within the territories, that person is a BOTC otherwise than by descent. The status of British Overseas Territories citizen relates to persons holding British Nationality by virtue of a connection with a British Dependent Territory. Congratulations on this excellent venture… what a great idea! Although the process for applying for and receiving a BOTC passport will not change, the passport will be printed by HMPO in the United Kingdom.

Partner Nick Joseph explores the immigration issues that exist in the Cayman Islands between Caymanians and British Overseas Territory (BOT) Citizens. This category was created to differentiate between British nationals with strong ties to the United Kingdom and those connected only with an overseas territory. Replacement This applies if you want to replace a British Overseas Territories Citizen passport that has been lost, stolen or damaged. [27] Since 2004, BOTC applicants aged 18 or older are required to take an oath of allegiance to the Sovereign and loyalty pledge to the relevant territory during their citizenship ceremonies. Would you like Wikipedia to always look as professional and up-to-date? [8] Conversely, CUKCs did not have automatic right of abode in the colonies.

[19] The sole exception to this was for those living in Akrotiri and Dhekelia, which were excluded due to their status as military bases as specified in the treaty establishing Cyprus. A British Overseas Territories citizen holds British nationality by virtue of a connection with a British Overseas Territory.. British Overseas Territories citizens (BOTCs) enjoy visa-free entry to a number of countries and territories. [4] The British Nationality Act 1948 categorised subjects from the United Kingdom and its remaining overseas territories as Citizens of the United Kingdom and Colonies (CUKCs). The UK government is consulting on a "remedial order" to the 1981 Act, after other elements of it were found to be incompatible with the Human Rights Act. [49], British Overseas Territories citizens are subject to immigration controls and have neither the right of abode or the right to work in the United Kingdom. They are remnants of the British Empire and do not form part of the United Kingdom itself. "This type of discrimination in the British Nationality Act should be remedied for all types of British nationality and we recommend that the home secretary take urgent steps to bring forward legislation to do so.". Prior to 2002, only BOTCs from Gibraltar and the Falkland Islands were given unrestricted access to citizenship. [9] After passage of the British Nationality Act 1981, CUKCs were reclassified into different nationality groups based on their ancestry and birthplace: CUKCs with right of abode in the United Kingdom or were closely connected with the UK, Channel Islands, or Isle of Man became British citizens while those connected with a remaining colony became British Dependent Territories citizens (BDTCs). We’ll send you a link to a feedback form. [1], All natural-born subjects of the Crown previously held the unrestricted right of free movement in any part of the British Empire. [53], Before the United Kingdom withdrew from the European Union on 31 January 2020, full British citizens were European Union citizens. Nationals of this class who are not also full citizens are subject to immigration controls when entering the UK. BOTC status by itself does not grant its holders right of abode or the right to work in any of the territories[46] and confers no entitlements other than the right to apply for a BOTC passport. This article can also be seen in The Journal – February 2019 issue.

You’ve accepted all cookies. [26], Foreigners and non-BOTC British nationals may naturalise as British Overseas Territories citizens after residing in a territory for more than five years and possessing belonger status or permanent residency for more than one year. [41][42][43], All British Overseas Territories citizens other than those solely connected with Akrotiri and Dhekelia became British citizens on 21 May 2002, and children born on qualified overseas territories to British citizens since that date are both BOTCs and British citizens otherwise than by descent. This status does not give the holder right of abode in the United Kingdom but since 2002, almost all BOTCs simultaneously hold British citizenship, except for those connected only with the territory of Akrotiri and Dhekelia. For specific matters appropriate legal or other professional advice should be obtained.

Trustees and personal representatives should acknowledge Read more +. The contents do not purport to be comprehensive or to constitute legal or professional advice and should not be relied upon in any manner. Great in principle, but not accurate in the Cayman context. STEP Journal: Personal Data Trusts – For the Masses.

[35] BOTCs are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens. All content is available under the Open Government Licence v3.0, except where otherwise stated, Give up (renounce) British citizenship or nationality, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, you were a citizen of the United Kingdom and Colonies (CUKC) on 31 December 1982, you had connections with a British overseas territory because you, your parents or your grandparents were born, registered or naturalised in that British overseas territory, you were born in a British overseas territory, at the time of your birth one of your parents was a British overseas territories citizen or legally settled in a British overseas territory, you were adopted in an overseas territory by a British overseas territories citizen, you were born outside the overseas territory to a parent who gained British overseas territories citizenship in their own right (known as ‘otherwise than by descent’), get consular assistance and protection from UK diplomatic posts, you’re still subject to immigration controls - you do not have the automatic right to live or work in the UK, you are not considered a UK national by the European Union (, Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands.

[34] When travelling in other countries, they may seek British consular protection. Prior to 26 February 2002 British overseas territories citizenship was called ‘British dependent territories citizenship’. [35] BOTCs are not considered foreign nationals when residing in the UK and are entitled to certain rights as Commonwealth citizens. [54] Most British Overseas Territories citizens were not EU citizens and did not enjoy freedom of movement in other EU countries. Even more confusingly, many British Overseas Territories Citizens by virtue of a connection with the Cayman Islands have no inherent right to live and work in (or even enter) the Cayman Islands, even if they have been British Overseas Territories Citizens (automatically) from birth. The source code for the WIKI 2 extension is being checked by specialists of the Mozilla Foundation, Google, and Apple.

British overseas territories citizenship is the class of British nationality associated with the British overseas territories. It is ironic that Caymanians not travelling on a Cayman Islands Passport (many Caymanians do not have one, and some may not even be entitled to obtain one) have to complete landing cards whilst hundreds (or even thousands) of non-Caymanians with Cayman Islands Passports are exempt.