British citizenship and nationality law |
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Introduction |
Nationality classes |
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See also |
Law relating to former territories |
Relevant legislation |
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A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the populated British Overseas Territories, other than the Falkland Islands or Gibraltar.
This category was created to differentiate between British nationals with strong ties to the United Kingdom and those connected only with an overseas territory (other than Gibraltar or the Falkland Islands), both of which groups had shared Citizenship of the United Kingdom and Colonies (CUKC) before 1 January 1983. The primary right of citizenship, that of abode in the United Kingdom, had been taken away from colonial CUKCs by 1968 and 1971 acts of Parliament,[1] unless they retained it through a qualifying connection with the United Kingdom. Under the British Nationality Act 1981, which went into effect on 1 January 1983, colonial CUKCs (other than Gibraltarians and Falkland Islanders) without a qualifying connection to the United Kingdom became British Dependent Territories citizens (renamed British Overseas Territories citizenship in 2002), a citizenship which did not include right of abode anywhere – not even in the territories in which they were born. (CUKCs born in the United Kingdom, Gibraltar, the Falkland Islands, or the Crown Dependencies of the Channel Islands and the Isle of Man all became British Citizens, with right of abode in the United Kingdom.)
Those with British Overseas Territories citizenship remained British nationals (subject to British sovereignty), but not British citizens. (Although British Overseas Territories Citizenship is a class of British nationality, it is not a citizenship of a British Overseas Territory or of the British Overseas Territories collectively, as the name may imply.) As the United Kingdom is a Commonwealth Realm, all British Nationals, including BDTCs, remained Commonwealth citizens, though free movement by citizens of other Commonwealth countries into the United Kingdom had ended with the Commonwealth Immigrants Act 1962.[2][3][4] (The British Overseas Territories are not members of the Commonwealth in their own rights, as the Commonwealth is a community of independent nations – which none of the Territories are.)
BOTC 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, as well as those who have registered or naturalised as BOTCs since that date. Nationals of this class who are not also full citizens are subject to immigration controls when entering the UK. As of 2024, about 106,000 BOTCs hold valid British passports with this status and enjoy consular protection when travelling abroad.[5]
In 1967, Asians from Kenya and Uganda, fearing discrimination from their own national governments, began to arrive in Britain. They had retained their British citizenship following independence, and were therefore not subject to the act. The Conservative Enoch Powell and his associates campaigned for tighter controls. The Labour government responded with the Commonwealth Immigration Act of 1968. It extended control to those without a parent or grandparent who was born in or was a citizen of the UK.
There was a significant demand for labour which came not only from the Caribbean but also from mainland Europe, Ireland, India, and Pakistan. However, it was opposition to Commonwealth and empire immigration that stood out, with a reluctance for example to accept skilled Caribbean labour. While wanting to allow entry to white people from the old Commonwealth, the government did not want to appear racist in any plans to restrict immigration from elsewhere in the empire and Commonwealth as governments of the newly emerging black Commonwealth took offence at moves to restrict movement to Britain from their respective countries while not applying the same rules to those from the white Commonwealth.
Butler oversaw the production of the Bill that became the Commonwealth Immigration Act of 1962. This controlled the immigration of all Commonwealth passport holders (except those who held UK passports). Prospective immigrants now needed to apply for a work voucher, graded according to the applicant's employment prospects.
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