Belonger status
Encyclopedia
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. The requirements for belonger status, and the rights that it confers, vary from territory to territory.
The rights associated with belonger status normally include the right to vote, to hold elected office, to own real property without the necessity for a licence, to reside in that territory without immigration restrictions, and to freely accept employment without the requirement of a work permit. In general, to be born with belonger status a person must be born in a territory to a parent who holds belonger status. There are usually also some ways to pass belonger status to a child born outside the territory, but these are purposely limited, to minimize the number of belongers who will not live in the territory.
In most independent countries, these rights would be associated with citizenship or nationality. However, as the British Overseas Territories are not independent countries, they cannot confer citizenship. Instead, people with close ties to Britain's Overseas Territories, all hold the same nationality: British Overseas Territories Citizen
(BOTC). The status of BOTC is defined by the British Nationality Act 1981
and subsequent amendments.
BOTC, however, does not confer any right to live in any British Overseas Territory, including the territory from which it is derived. It is the possession of belonger status that provides this right. Acquisition of belonger status in a British Overseas Territory does not automatically confer BOTC, although most people holding such status are eligible for registration or naturalisation as a BOTC upon meeting the requirements of the 1981 Act. Similarly, it is possible to lose belonger status in a territory while retaining BOTC or British citizenship.
The British Overseas Territories Act 2002
also conferred British Citizenship upon BOTCs (other than those solely connected with the Sovereign Base Areas of Cyprus) which does provide for a right of abode
in the United Kingdom
. This conferral is in addition to their BOTC and was not reciprocal in nature, in that British Citizens did not receive any rights to reside in the Overseas Territories without permission. The act also changed the reference of British Dependent Territories to British Overseas Territories. This act was enacted 5 years after the United Kingdom relinquished the sovereignty over its most populous dependent territory, Hong Kong, to the People's Republic of China.
In Hong Kong, the belonger status is renamed to permanent resident status in the mid 1980s. Only permanent residents, regardless of citizenship or nationality, have the right to vote, to contest in elections, to hold public offices, to freely accept employment without work permit requirement, to reside without immigration restrictions, and to the right of abode within the territory. (After 1997, when the United Kingdom relinquished its sovereignty over the territory, though, the right to hold principal offices is restricted to those who are concurrently permanent residents and nationals of the Peope's Republic of China, who have no right of abode in other countries. And the number of members of the territory's Legislative Council who are having foreign right of abode is capped at 20%.)
Belonger status in Anguilla
Anguilla Constitution - Section 80. Belonger status
Belonger status in Bermuda
The term itself does not exist in Bermuda's laws, but is equivalent to "Bermudian status".
Belonger status in the British Virgin Islands
In the British Virgin Islands there are two forms of status: Belongership and BVIslander status. The two forms of status overlap to some degree, although it is possible to hold one without the other. However it is not immediately apparent which is the 'senior' form of status (a Belonger cannot acquire a BVI passport without BVIslander status, but a BVIslander cannot vote unless they are also a Belonger).
The definition of qualifications for Belonger status in the British Virgin Islands is contained in section 2(2) of the Constitution, and includes nine different methods by which a person may be regarded as Belonger.
The British Virgin Islands is extremely restrictive about conferring Belongership status on emigrants to the Territory. Under the leadership of Orlando Smith
, the Government formerly committed itself to naturalising no more than 25 persons a year; although Dr Smith's Government is no longer in power, the restrictive approach to naturalisation has been maintained.
Belonger status in Gibraltar
As with Bermuda, the term itself has been supplanted by "Gibraltarian status
".
A person is eligible to be registered as a Gibraltarian
if they are a British national
and:
Additionally, a person may be registered as a Gibraltarian at the discretion of the Government of Gibraltar minister with responsibility for personal status (currently Justice Minister Daniel Feetham
), if they satisfy the minister that:
By a person who,
has been known as 'Hong Kong Permanent Resident status' since 1 January, 1987. The name remains unchanged after the transfer of sovereignty of Hong Kong in 1997.
British overseas territories
The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...
. It refers to people who have close ties to a specific territory, normally by birth and/or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.
The rights associated with belonger status normally include the right to vote, to hold elected office, to own real property without the necessity for a licence, to reside in that territory without immigration restrictions, and to freely accept employment without the requirement of a work permit. In general, to be born with belonger status a person must be born in a territory to a parent who holds belonger status. There are usually also some ways to pass belonger status to a child born outside the territory, but these are purposely limited, to minimize the number of belongers who will not live in the territory.
In most independent countries, these rights would be associated with citizenship or nationality. However, as the British Overseas Territories are not independent countries, they cannot confer citizenship. Instead, people with close ties to Britain's Overseas Territories, all hold the same nationality: British Overseas Territories Citizen
British Overseas Territories citizen
The status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
(BOTC). The status of BOTC is defined by 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.-History:...
and subsequent amendments.
BOTC, however, does not confer any right to live in any British Overseas Territory, including the territory from which it is derived. It is the possession of belonger status that provides this right. Acquisition of belonger status in a British Overseas Territory does not automatically confer BOTC, although most people holding such status are eligible for registration or naturalisation as a BOTC upon meeting the requirements of the 1981 Act. Similarly, it is possible to lose belonger status in a territory while retaining BOTC or British citizenship.
The British Overseas Territories Act 2002
British Overseas Territories Act 2002
The British Overseas Territories Act 2002 is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981...
also conferred British Citizenship upon BOTCs (other than those solely connected with the Sovereign Base Areas of Cyprus) which does provide for a right of abode
Right of abode
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction....
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. This conferral is in addition to their BOTC and was not reciprocal in nature, in that British Citizens did not receive any rights to reside in the Overseas Territories without permission. The act also changed the reference of British Dependent Territories to British Overseas Territories. This act was enacted 5 years after the United Kingdom relinquished the sovereignty over its most populous dependent territory, Hong Kong, to the People's Republic of China.
In Hong Kong, the belonger status is renamed to permanent resident status in the mid 1980s. Only permanent residents, regardless of citizenship or nationality, have the right to vote, to contest in elections, to hold public offices, to freely accept employment without work permit requirement, to reside without immigration restrictions, and to the right of abode within the territory. (After 1997, when the United Kingdom relinquished its sovereignty over the territory, though, the right to hold principal offices is restricted to those who are concurrently permanent residents and nationals of the Peope's Republic of China, who have no right of abode in other countries. And the number of members of the territory's Legislative Council who are having foreign right of abode is capped at 20%.)
Belonger status in AnguillaAnguillaAnguilla is a British overseas territory and overseas territory of the European Union in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin...
Anguilla Constitution - Section 80. Belonger status
- (1) There shall be an Anguilla Belonger Commission (hereinafter referred to as “the Commission”), the composition and functions of which shall, subject to the provisions of this section, be prescribed by law.
- (2) For the purposes of this Constitution a person shall be regarded as belonging to Anguilla if that person —
- (a) is a British Dependent Territories citizen—
- (i) who was born in Anguilla, whether before or after the commencement of the British Nationality Act 1981; or if not so born
- (ii) who was adopted in Anguilla; or
- (iii) whose father or mother was born in Anguilla; or
- (iv) whose father or mother became a British Dependent Territories citizen by virtue of having been adopted in Anguilla; or
- (v) who is domiciled in Anguilla and whose father or mother by virtue of registration or naturalisation while resident in Anguilla became a British Dependent Territories citizen at the commencement of the British Nationality Act 1981 (or would have done so but for his or her death) or so became such a citizen after such commencement of the said Act; or
- (vi) who by virtue of registration or naturalisation while resident in Anguilla became such a citizen at or after the commencement of the British Nationality Act 1981; or
- (b) is domiciled in Anguilla, has been ordinarily resident in Anguilla for not less than fifteen years, and has been granted belonger status by the Commission; or
- (c) was born in Anguilla of a father or mother who was born in Anguilla and who is regarded (or, if deceased, would if alive be regarded) as belonging to Anguilla by virtue of this subsection; or
- (d) was born outside Anguilla and has satisfied the Commission that his father or mother was born in Anguilla and is regarded (or, if deceased, would if alive be regarded) as belonging to Anguilla by virtue of this subsection; or
- (e) is the spouse of such a person as is referred to in any of the preceding paragraphs of this subsection and has been married to that person for not less than five years; or
- (f) is the spouse of such a person as is referred to in paragraph (a), (b), (c) or (d) of this subsection, has been married to such a person for not less than three years, and has been granted belonger status by the Commission.
- (a) is a British Dependent Territories citizen—
Belonger status in BermudaBermudaBermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...
The term itself does not exist in Bermuda's laws, but is equivalent to "Bermudian status".Belonger status in the British Virgin IslandsBritish Virgin IslandsThe Virgin Islands, often called the British Virgin Islands , is a British overseas territory and overseas territory of the European Union, located in the Caribbean to the east of Puerto Rico. The islands make up part of the Virgin Islands archipelago, the remaining islands constituting the U.S...
In the British Virgin Islands there are two forms of status: Belongership and BVIslander status. The two forms of status overlap to some degree, although it is possible to hold one without the other. However it is not immediately apparent which is the 'senior' form of status (a Belonger cannot acquire a BVI passport without BVIslander status, but a BVIslander cannot vote unless they are also a Belonger).The definition of qualifications for Belonger status in the British Virgin Islands is contained in section 2(2) of the Constitution, and includes nine different methods by which a person may be regarded as Belonger.
The British Virgin Islands is extremely restrictive about conferring Belongership status on emigrants to the Territory. Under the leadership of Orlando Smith
Orlando Smith
D. Orlando Smith, OBE is the current Premier of the British Virgin Islands. He also formerly served as Chief Minister of the British Virgin Islands from 2003 to 2007...
, the Government formerly committed itself to naturalising no more than 25 persons a year; although Dr Smith's Government is no longer in power, the restrictive approach to naturalisation has been maintained.
Belonger status in GibraltarGibraltarGibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
As with Bermuda, the term itself has been supplanted by "Gibraltarian statusGibraltarian status
Gibraltarian status is a legal status in Gibraltar law defined by the Gibraltarian Status Act, 1962. Persons with Gibraltarian status are registered on the Register of Gibraltarians.-History:...
".
A person is eligible to be registered as a Gibraltarian
Gibraltarian people
The Gibraltarians are a cultural group native to Gibraltar, a British overseas territory located near the southernmost tip of the Iberian Peninsula at the entrance to the Mediterranean sea.- Origins :...
if they are a British national
United Kingdom national
United Kingdom national is a term used differently in various United Kingdom Acts of Parliament. Most commonly, it refers to the following classes of persons:* British Citizens;* British Nationals ;...
and:
- (a) He was born in GibraltarGibraltarGibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
on or before the 30th day of June 1925; or - (b) He was the child of a person born in Gibraltar on or before the 30th day of June 1925; or
- (c) He is the descendant of a person entitled to be registered by virtue of (a) or (b) and their parent or grandparent was born in Gibraltar; or
- (d) He was born in Gibraltar and are the child of a person who is registered in the register; or
- (e) He is married to a person entitled to be register by virtue of (a, b, c or d) or are the widow or widower of such a person.
Additionally, a person may be registered as a Gibraltarian at the discretion of the Government of Gibraltar minister with responsibility for personal status (currently Justice Minister Daniel Feetham
Daniel Feetham
The Hon. Daniel Anthony Feetham MP is a Gibraltarian politician and lawyer.-Political career:He began as a member of the Gibraltar Socialist Labour Party, the party his father had helped to found in 1979 and where the latter had served as a member of the legislature from 1984-1996 under the...
), if they satisfy the minister that:
- (a) he is a British Overseas Territories citizenBritish Overseas Territories citizenThe status of British Overseas Territories citizen relates to persons holding British nationality by virtue of a connection with a British Overseas Territory.-British Nationality Act 1981:...
by virtue of their connection with Gibraltar, or Gibraltar or Great BritainGreat BritainGreat Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
is their country of origin; - (b) he is a British national;
- (c) he is of good character;
- (d) he has sufficient knowledge of the English languageEnglish languageEnglish is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
; - (e) he has his permanent home in Gibraltar;
- (f) he has been resident in Gibraltar for periods amounting to not less than twenty-five years in the aggregate including the whole of the period of ten years immediately preceding the date of application; and
- (g) he intends to make his permanent home in Gibraltar.
Belonger status in Turks and Caicos
A Belonger is an individual who is free from immigration restrictions in relation to the amount of time they may remain in the islands, having acquired Belonger status under the relevant law. Belonger status is acquired in the following ways:By a person who,
- was born in the Islands, and at the time of his birth at least one of his parents had Belonger status
- was born outside the Islands and
- (i) at least one of his parents had Belonger status at the time of his birth ; and
- (ii) at least one of his parents was born in the Islands;
- was born outside the Islands and lawfully adopted in the Islands by a person who had Belonger status at the time of his adoption;
- has been granted a Certificate of Belonger Status by the Governor for having made a significant social or economic contribution to the development of the islands.
- is the dependent child of a person to whom any of the foregoing paragraphs apply; or
- is the spouse of a Belonger who has made an application to the Governor in Cabinet, and has lived with his spouse for a period of five consecutive years.
Equivalent status
Belonger status of the former British colony of Hong KongHong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
has been known as 'Hong Kong Permanent Resident status' since 1 January, 1987. The name remains unchanged after the transfer of sovereignty of Hong Kong in 1997.