SpecialReport
The BritishOverseas Territories Bill
The British Overseas TerritoriesBill will grant British citizenship to all British Dependent Territoriescitizens. The Bill is currently going through the British Parliamentand is likely to become law early next year.
To help overseas territoriesresidents understand the new law, the British Government has producedan explanatory booklet outlining what rights and duties residentsbased in the territories will incur as a result of becoming Britishcitizens. The publication, entitled What Does British CitizenshipMean for the Overseas Territories Citizen? is being made availablein Grand Cayman and Cayman Brac at a number of government buildings,post offices and public libraries.
For the convenience of thosepersons unable to secure a copy of the publication, Cayman NetNews is publishing its full content below.
ACQUIRING BRITISH CITIZENSHIP
1. When will the newcitizenship rules take effect?
The change of name fromBritish Dependent Territories citizen, (BDTC) to British overseasterritories citizen (BOTC) will happen on the day that the newlaw receives Royal Assent. The law will give UK Ministers thepower to specify the date (or dates) on which the other citizenshipprovisions will come into force. The delay will only be as longas is necessary to ensure all the practical arrangements for example, the issuing of passports are in place.
2. Who will get Britishcitizenship automatically?
As the bill stands at present,all those who are BDTCs, to be renamed BOTCs, at the time of thenew citizenship provisions come into force, except for those whoseBritish Dependent Territories citizenship derives solely froma connection with the Sovereign Base Areas in Cyprus (hereafterabbreviated to "SBAs"). Afterwards they will be ableto transmit their British citizenship to their children automatically,in the same as they can transmit BDTC at present (subject to certainlimitations if they are born overseas). If you are not sure whetheryou or your relatives are BDTCs please contact those in your territorywho handle enquiries about BDTC status.
3. Will I have to apply?
No not if you area British Dependent Territories citizen already. The only peoplewho will need to apply are those who acquire BDTC to berenamed British overseas territories citizenship by naturalisationor registration after the citizenship provisions come into force.
4. I am not yet a BDTCbut hope to become one next year. What happens if the legislationgoes through before I get my BDTC status? Can I still become aBC?
A person who is naturalisedor registered as a BOTC after the citizenship provisions comeinto force will be able to apply, via the Governor, or, in thecase of the IIois, the British High Commissioner in Port Louisor Victoria, to the Home Secretary for registration as a Britishcitizen. The grant of British citizenship to such a person willbe discretionary (although Gibraltar BDTCs will retain their presententitlement to registration).
5. Will BDTC status beabolished once British citizenship becomes available?
No. British Dependent Territoriescitizenship is being renamed British overseas territories citizenship,but the two statuses will be same.
6. Will I lose my BritishDependent Territories citizenship?
No. It will be possiblefor people in the territories to hold British overseas territoriescitizenship and British citizenship concurrently. For those whodo not wish to give effect to their British citizenship, theycan allow it to lie dormant. If at a later stage they wish toshow that they have British citizenship (for instance by obtaininga BC passport), they will be able to do so. It is anticipatedthat the majority of people will hold one passport, indicatingboth statuses.
7. How will BOTCs goabout getting a British citizen passport?
Information about passportapplication and issuing procedures will be published at a laterdate. The details have yet to be finalised.
8. Will my children getBritish citizenship?
Yes if they are BDTCsnow. Future children born to British citizen parents will automaticallybe British citizens if they are born in the overseas Territoryor in the UK. If they are born outside the OTs or the UK, theywill be British citizens if they have a parent who is a Britishcitizen otherwise than by descent. There are also provisions wherebynon-British citizen children can acquire the status by registration.
9. Is an illegitimatechild entitled to British citizenship?
If the child is a BOTC whenthe citizenship provisions come into force , he or she will thenautomatically acquire British citizenship. However, the statusof illegitimate children born after the citizenship provisionshave come into force will depend on the status of the mother as it does at present with BDTC. If she is not a British citizenshe will not be able to transmit the status to a child born outsidethe OTs or the UK. (But if she is settled in the OTs or the UK,any child born to her there (legitimate or not) will be a Britishcitizen otherwise than by descent.) If the father of an illegitimatechild is a British citizen, and there is evidence of paternity- for example, the father's name appears in the child's birthcertificate - it may be possible to register the child as a Britishcitizen.
N.B. "settled Status" as defined in the British NationalityAct 1981 Section 50(2) means ordinarily legally resident in aterritory without being subject under the immigration laws toany restriction on the period for which he or she can remain.
10. Does a child adoptedin a territory get British citizenship?
If the child is a BOTC whenthe citizenship provisions come into force, he or she will thenautomatically acquire British citizenship.
A child adopted afterwards, who is not already a British citizen,will automatically acquire British citizenship at the time ofthe adoption if at least one of the adopters is a British citizen,and the adoption order is made by a court in the UK or in anyOverseas Territory other than the SBAs.
11. I have married againand my second husband is a BDTC. My children from my first marriagedo not have BDTC status because neither their father nor myselfis BDTC. Can my children become BCs?
Not automatically, unlessthey are legally adopted by their stepfather. If they acquireBDTC status by adoption before the citizenship provisions comeinto to force, they will acquire British citizenship automatically,like most other BDTCs. If, however, British overseas territoriescitizenship is acquired after the citizenship provisions comeinto force, application would need to be made for the childrento be registered as British citizens.
12. I am a BDTC livingin a different Overseas Territory or another country from whereI was born. Will I be entitled to British citizenship?
Yes. Provided your BDTCstatus does not derive solely from a connection with the SBAs,the new law will apply to you wherever you are living.
WHO IS NOT ENTITLED?
13. What about others(i.e. non-BDTCs) resident in the Overseas Territories?
They will first have toacquire British overseas territories citizenship. If they wishto acquire British citizenship they will then need to apply viathe Governor or High Commissioner to the Home Office for registration.
14. I am a British Overseascitizen who lives in an Oºverseas Territory. Am I entitledto British citizenship under this new Bill?
No. The new provisions donot apply to any other types of British national.
15. Why are BOCs excluded?
British Overseas citizenship(BOC) is held by people who do not have sufficient connectionswith any of the present Overseas Territories or the UK itselfto enable them to qualify for BDTC or BC. Many of them have accessto or have acquired another citizenship.
DUAL NATIONALITY
16. I am a BDTC but Iam also a citizen of another country; can I change my BDTC statusto British citizenship and still keep my other citizenship?
The UK does not object todual nationality. If the country of your other nationality hasno objections to you being a BDTC as well, the acquisition ofBritish citizenship should make no difference to your positionwith the authorities of the other country. However, in order toclarify your own position you might wish to check that the othercountry whose citizenship you hold has no restrictions on dualnationality.
17. I am a BDTC who hasacquired another nationality e.g. US. Am I still entitled to Britishcitizenship automatically?
Yes. It makes no differencethat you have another nationality in addition to British DependentTerritories citizenship.
18. I was born in a qualifyingOverseas Territory. However, I went away to get work in anothercountry (e.g. Jamaica) and there I acquired their nationality.I want to return (or have returned) to my original OT (of birth).Am I entitled to BC status?
Yes, if you are a BDTC.Your eligibility for British citizenship does not depend on whereyou are living at the time the new law comes into force, nor onwhere you may have lived previously.
RENUNCIATION
19. If I do not wantto take up my British citizenship, do I have to renounce it?
No, not unless you wantto. You can allow it to lie dormant. If you change your mind andwant to give effect to your British citizenship, you can applyfor a British citizen passport at any time.
20. What happens if Iformally renounce British citizenship? Can I get it back again?
Not automatically. To renounceit you have to apply, via the Governor, to the Home Secretary.You will have to apply again if you want it restored. (Pleasesee separate attachment for Gibraltar.)
IMPLICATIONS OF BRITISHCITIZENSHIP FOR MY TERRITORY RECIPROCITY
21. Does the new Actmean that people in the UK or the EU will now be able to go andlive in my Overseas Territory?
No. The offer of Britishcitizenship is non-reciprocal as far as immigration rights areconcerned. We have reached this decision following close consultationwith the OT Governments.
HUMAN RIGHTS
22. Is the British citizenshipoffer dependent on the Overseas Territories carrying out humanrights changes?
There is no linkage withBritish citizenship. The offer of British citizenship was madeto individuals not to territories. However, the UK places considerableimportance on the observance of international standards of humanrights. British citizens wherever they live (UK or OTs) are entitledto enjoy the same standards of human rights.
23. If I take up theoffer of British citizenship, will this affect my status in anOT?
No. Your status should remainunaffected. Questions on permanent residence and "Belongership"are for the governments of the OTs. British nationality is a matterof UK law.
INDEPENDENCE
24. What would happenif my Territory became independent?
The nationality consequencesof independence would be dealt with in a separate Act of Parliament.In the past, the usual practice was to withdraw British nationalityfrom the majority of those acquiring citizenship for the new Stateon independence day, but to provide for its retention where theperson concerned had a residual connection for example througha parent or grandparent with the UK or a place that continuedto be what nowadays would be referred to as a British OverseasTerritory. But it would be inappropriate to speculate on how suchmatters might be handled in the future, and the British overseasterritories Bill does not give voice to any assumptions in thatrespect.
WHAT BENEFITS DOES ITENTITLE ME TO?
25. What benefits willacquiring British citizenship give me?
The main benefit of Britishcitizenship will be right of abode in the United Kingdom and withit, the right to use the fast track EU/EEA channel at the airport.British citizens from the Overseas Territories will not be subjectto UK immigration controls and will therefore be able to cometo the UK for purposes of leisure, study and employment withoutgaining prior permission. This will enable British citizens tocome and live in the UK and build up the residence requirementsrelating to other state benefits.
26. Will I be eligiblefor US visa waiver?
This is a matter for theauthorities of the USA. Currently, the US is understood to waivethe requirement for an advance visa only in respect to Britishcitizens travelling from the UK.
27. Can I apply to jointhe British Armed Forces?
BDTCs can apply to jointhe Armed Forces now. The Ministry of Defence waived their normalnationality and residence rules about three years ago for entryto the Armed Forces. There are a number of BDTCs already in theBritish Armed Forces. The new British citizens from the OverseasTerritories will therefore be eligible.
28. Can I apply to jointhe British Police?
Yes. The police force isopen to anyone who meets the required criteria. There are variousentry points into the police including an accelerated promotionscheme for graduates.
For more information please visit:
www.policecouldyou.co.uk
EUROPEAN UNION WHAT'S IN IT FOR ME?
29. Will I be free totravel, work and live in the EU?
Under European Communitylaw, having British citizenship will mean that BDTCs acquire rightsof free movement, residence and the opportunity to work (withouta work permit) in the EU and EEA Member States.
30. What are my otherrights, duties and obligations in the EU?
· As an EU citizenyou can reside in a Member State and vote in that country's local/municipalelections and European Parliament elections. You can also standas a candidate in both local and European elections in that country,under the same conditions as its nationals.
· All EU citizens are entitled to consular or diplomaticprotection when visiting a country outside the EU. They can usethe facilities of other Member States when their own country isnot represented there.
· As an EU citizen, you have the right of establishmentin business and property, e.g. in trading and manufacturing ofgoods.
· As an EU citizen you have the right to provide and receiveservices, e.g. in consultancy, accounting, legal services, hairdressing,estate agency, etc.
You will also have the freedom to move capital around, e.g. yourfinances from one EU country to another.
31. Can I practise asa lawyer in any EU country?
Yes. But you would haveto go through a number of procedures. If you wish to practiseas a lawyer in an EU country under the professional title andwith the rights and obligations that you would be entitled to,then you must satisfy a number of conditions in recognition ofyour qualifications. The Member State may wish you to sit an aptitudetest in those subjects which are not covered by your training.Your application will then be examined and a decision reachedwithin four months.
32. Can I practise asa doctor in any EU country?
Yes. You have the rightof establishment as a self-employed or employed person in anyMember Sate of the EU, subject to recognition of your qualification.As above, there is a procedure to follow which includes registrationand processing which can take the Member State up to three monthsto undertake.
For further information on the above information and the proceduresfor working in EU countries please log on to: www.europa.eu.int/citizens
33. Can I study, trainor do research in the EU?
Yes. You can apply to study,train or do research anywhere in the EU. If you are unemployed,you can also undergo training and periods of work experience anywherein the EU. Conditions of entry to educational establishments arelaid down by individual Member States; they may differ significantlyfrom one country to another. You should find out more before departurefrom your home country.
WHAT THINGS AM I NOTENTITLED TO?
EDUCATION
34. Does British citizenshipmean that students from the OTs will now pay the domestic ratefor tuition fees for further and higher education?
British citizenship doesnot in itself attract a fee subsidy. The fee structure is governedby the Education (Fees and Awards) Regulations 1997, as amended.However, the autonomy enjoyed by institutions of higher educationis such that each college and university decides the level offees and who qualifies. Eligibility for such support depends onlength of residence in the UK and whether or not this is subjectto a restriction under the UK immigration laws.
35. Will students fromthe OTs now be automatically eligible for support with livingcosts or tuition fees?
No. To qualify for studentsupport a student would need to meet similar conditions to thoserelating to tuition fees i.e. UK settlement and residence. However,on meeting these conditions, like any other UK student, he orshe would be financially assessed to determine the level of theircontribution towards their tuition fees.
HEALTH
36. Will British citizensfrom the OTs be entitled to free NHS treatment?
Eligibility for free NHStreatment is based on residence in the UK, National Insurancecontributions or payment of UK taxes, not on nationality.
Visitors to the UK (whether they are British citizens or not)are charged for any NHS treatment they receive with certain exceptions.The exceptions include emergency care and treatment for some referredpatients from those OTs with reciprocal health agreements withthe UK. (The territories concerned are Gibraltar, BVI, TCI, Anguilla,Montserrat, St. Helena and the Falklands.) All visitors from theOTs receive emergency treatment from GPs and within hospital Accidentand Emergency Departments free of charge whether or not thereis a reciprocal health agreement.
UK STATE BENEFITS
37. Will British citizensfrom OTs be eligible for state benefits after the change?
British citizenship doesnot mean automatic entitlement to UK state benefits. Other criterianeed to be satisfied such as residence status and contributionpayments.
38. Will I be entitledto a UK state retirement pension?
No. Entitlement to a UKstate retirement pension is entirely based on a person's UK NationalInsurance record, not on their nationality nor on their residency.
39. Will British citizensfrom the OTs be eligible to vote in British elections?
Not while resident in theirterritories or elsewhere. If resident in the UK they are, as BDTCs,and will in future, as BOTCs or British citizens, be able to voteif they satisfy the normal UK residence and registration requirements.
40. Will the OTs be representedin Parliament like the Dutch or the French territories?
No the territorieswill retain their own legislatures. They are not being integratedinto the UK. But an FCO Minister has specific responsibility forlooking after OT issues and will represent their interests inParliament.
41. Will British citizenshipentitle my territory to send a representative to the British Parliament?
The offer of British citizenshipis made to individuals not to a territory. The question of representationis a constitutional one. Overseas Territories are not constitutionallypart of the United Kingdom; they are separate legal jurisdictions.Therefore, it is not appropriate for them to be represented inthe British Parliament and to take part in decisions on Britishlegislation and internal UK domestic matters.
UK TAXES
42. Does a British passportmean British citizens form the Overseas Territories will pay Britishtaxes?
No. British citizens resident outside the UK/EU are not subjectto the direct taxation regimes operated by the UK or other MemberStates of the European Union.
MORE INFORMATION
If you have any furtherdetailed enquiries please submit them in writing through the Governor'soffice in the first instance or consult the FCO website by loggingon to: www.fco.gov.uk.com