Immigration Corner | When can a person qualify as a British overseas territories citizen?

Dear Mr Bassie,

I was born in a Caribbean island which is one of the British overseas territories. I would like to know under what circumstances I would automatically qualify to be a British overseas territories citizen.

GN

Dear GN,

Please note that British overseas territories citizenship was called ‘British dependent territories citizenship’ before February 26, 2002.

Persons who were born before January 1, 1983 became British overseas territories citizen on January 1, 1983, if both of the following applied: They were a citizen of the United Kingdom and Colonies on December 31, 1982, and if they had connections with a British overseas territory because they, their parents or their grandparents were born, registered or naturalised in that British overseas territory

Persons also became a British overseas territories citizen if they were a woman married to a man who became a British overseas territories citizen on January 1, 1983.

Persons can apply to become a British overseas territories citizen if they did not automatically become one because either their parents were not married at the time of their birth or their mother was a British overseas territories citizen. Please note, persons can apply for British citizenship at the same time.

Persons who were born on or after January 1, 1983 are British overseas territories citizen, if both the following apply: they were born in a British overseas territory; and at the time of birth one of their parents was a British overseas territories citizen or legally settled in a British overseas territory.

Please note that persons are also British overseas territories citizens if one of the following applies:

• They were adopted in an overseas territory by a British overseas territories citizen;

• They 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’.

Please be aware that persons can apply to become a British overseas territories citizen if they did not automatically become a citizen because their parents were not married at the time of their birth. They, too, can apply for British citizenship at the same time.

As a British overseas territories citizen, persons have the right to hold a British passport and get consular assistance and protection from United Kingdom (UK) diplomatic posts. Please note, if persons are not British citizens, they are still subject to immigration controls – they do not have the automatic right to live or work in the UK.

BRITISH CITIZENSHIP

Persons automatically became a British citizen on May 21, 2002, if their British overseas territories citizenship was gained by connection with a qualifying territory. If persons were born in a qualifying territory on or after May 21, 2002, they also automatically became a British citizen if their parent was either a British or British overseas territories citizen; or settled in that territory.

The qualifying territories are as follows: Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands; and Turks and Caicos Islands.

Persons will also be British citizens if they were born outside the UK or in a British overseas territory to a parent who is a British citizen in their own right. Just for completeness, please be aware that persons may be able to register as a British citizen if they became a British overseas territories citizen after May 21, 2002 and meet certain conditions.

All the best!

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com