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British Overseas Territories Act 2002

 

 
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British Overseas Territories Act 2002
 
 
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The British Overseas Territories Act 2002 (c.8) is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament
Parliament

A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom....
 of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
, which superseded parts of the British Nationality Act 1981
British Nationality Act 1981

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....
. It makes provision for the renaming of the British Dependent Territories as British Overseas Territories
British overseas territories

The British Overseas Territories are fourteen territories that are under the sovereignty of the United Kingdom, but which do not form part of the United Kingdom itself....
, and the renaming of associated citizenship. It further grants, from 21 May 2002, British citizenship to anyone holding British Overseas Territories citizen
British Overseas Territories citizen

The status of British Overseas Territories citizen relates to persons holding British nationality law by virtue of a connection with a British Overseas Territories....
ship on that date (with the exception of those solely connected with the Cyprus Sovereign Base Areas
Akrotiri and Dhekelia

The Sovereign Base Areas of Akrotiri and Dhekelia are two UK-administered areas on the island of Cyprus that comprise the Sovereign Base Areas British overseas territories of the United Kingdom....
), whereas previously this was available only to people from Gibraltar
Gibraltar

Gibraltar is a British overseas territory located near the southernmost tip of the Iberian Peninsula overlooking the Strait of Gibraltar. The territory shares a border with Spain to the north....
 and the Falkland Islands
Falkland Islands

The Falkland Islands are an archipelago in the South Atlantic Ocean, located from the coast of Argentina, west of the Shag Rocks , and north of the British Antarctic Territory ....
.

The qualifying territories for the purposes of the 2002 Act include the British Indian Ocean Territory
British Indian Ocean Territory

The British Indian Ocean Territory or Chagos Islands is an British overseas territory of the United Kingdom situated in the Indian Ocean, halfway between Africa and Indonesia....
 (BIOT) and the British Antarctic Territory
British Antarctic Territory

The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom. It is situated in Antarctica from the South Pole to 60th parallel south between longitudes 20th meridian west and 80th meridian west....
.






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The British Overseas Territories Act 2002 (c.8) is an Act
Act of Parliament

An act of Parliament is a statute wikt:enacted as primary legislation by a national or sub-national parliament. It is broadly equivalent to an act of Congress in the United States....
 of the Parliament
Parliament

A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom....
 of the United Kingdom
United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom , the UK or Britain,is a sovereign state located off the northwestern coast of continental Europe....
, which superseded parts of the British Nationality Act 1981
British Nationality Act 1981

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....
. It makes provision for the renaming of the British Dependent Territories as British Overseas Territories
British overseas territories

The British Overseas Territories are fourteen territories that are under the sovereignty of the United Kingdom, but which do not form part of the United Kingdom itself....
, and the renaming of associated citizenship. It further grants, from 21 May 2002, British citizenship to anyone holding British Overseas Territories citizen
British Overseas Territories citizen

The status of British Overseas Territories citizen relates to persons holding British nationality law by virtue of a connection with a British Overseas Territories....
ship on that date (with the exception of those solely connected with the Cyprus Sovereign Base Areas
Akrotiri and Dhekelia

The Sovereign Base Areas of Akrotiri and Dhekelia are two UK-administered areas on the island of Cyprus that comprise the Sovereign Base Areas British overseas territories of the United Kingdom....
), whereas previously this was available only to people from Gibraltar
Gibraltar

Gibraltar is a British overseas territory located near the southernmost tip of the Iberian Peninsula overlooking the Strait of Gibraltar. The territory shares a border with Spain to the north....
 and the Falkland Islands
Falkland Islands

The Falkland Islands are an archipelago in the South Atlantic Ocean, located from the coast of Argentina, west of the Shag Rocks , and north of the British Antarctic Territory ....
.

The qualifying territories for the purposes of the 2002 Act include the British Indian Ocean Territory
British Indian Ocean Territory

The British Indian Ocean Territory or Chagos Islands is an British overseas territory of the United Kingdom situated in the Indian Ocean, halfway between Africa and Indonesia....
 (BIOT) and the British Antarctic Territory
British Antarctic Territory

The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom. It is situated in Antarctica from the South Pole to 60th parallel south between longitudes 20th meridian west and 80th meridian west....
. 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
British Antarctic Territory

The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom. It is situated in Antarctica from the South Pole to 60th parallel south between longitudes 20th meridian west and 80th meridian west....
 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
Emilio Palma

Emilio Marcos Palma was the first person known to be born on the continent of Antarctica. Emilio weighed 7? pounds when born in Fort?n Sargento Cabral at the Esperanza Base near the tip of the Antarctic peninsula....
) holds British nationality by virtue of birth in the British Antarctic Territory
British Antarctic Territory

The British Antarctic Territory is a sector of Antarctica claimed by the United Kingdom. It is situated in Antarctica from the South Pole to 60th parallel south between longitudes 20th meridian west and 80th meridian west....
 prior to 1983.

Although it was not usual for citizens to acquire British citizenship under the previous British Nationality Act 1981
British Nationality Act 1981

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....
, if their connection was solely to the British colony or territory, this has now been made automatic. The only exception to this is for those connected solely with the sovereign military base in Cyprus
Cyprus

Cyprus , officially the Republic of Cyprus , is an island country situated in the eastern Mediterranean Sea, east of Greece, west of Lebanon, Syria, and Israel, south of Turkey and north of Egypt....
.

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
South Georgia and the South Sandwich Islands

South Georgia and the South Sandwich Islands is a British overseas territory in the southern Atlantic Ocean. It is a remote and inhospitable collection of islands, consisting of South Georgia ? which measures approximately by and is by far the largest island in the territory ? and a chain of smaller islands known as the South Sand...
 was included in the scope of the Act mainly due to its former association with the Falkland Islands
Falkland Islands

The Falkland Islands are an archipelago in the South Atlantic Ocean, located from the coast of Argentina, west of the Shag Rocks , and north of the British Antarctic Territory ....
. The 2002 Act is similar in scope to the British Nationality (Falkland Islands) Act 1983
British Nationality (Falkland Islands) Act 1983

The British Nationality Act 1983 was an Act of Parliament passed by the British Parliament, which came into force on January 1, 1983. The purpose of the Act was to grant British citizenship to residents of the Falkland Islands, a Crown Colony in the South Atlantic....
 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 section 4A 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.

See also

  • British Empire
    British Empire

    The British Empire comprised the dominions, Crown colony, protectorates, League of Nations mandate, and other Dependent territory ruled or administered by the United Kingdom , that had originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries....
  • British nationality law
    British nationality law

    British nationality law is the law of the United Kingdom concerning citizenship and other categories of British nationality. The law is complex owing to the United Kingdom's former status as an imperialism power....
  • History of British nationality law
    History of British nationality law

    This article concerns the history of British nationality law....
  • Belonger status
    Belonger status

    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....
  • British Overseas Territories citizen
    British Overseas Territories citizen

    The status of British Overseas Territories citizen relates to persons holding British nationality law by virtue of a connection with a British Overseas Territories....