Gibraltarian status
Encyclopedia
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.
and was popularised during World War II
, when the civil population of Gibraltar was evacuated
to the United Kingdom
and other parts of the British Empire
. In 1962, the term was made a legal status in Gibraltar through the Gibraltarian Status Ordinance (1962). The Ordinance
became the Gibraltarian Status Act, 1962 following the implementation of the Gibraltar Constitution Order 2006
.
The Register of Gibraltarians pre-dates Gibraltarian status - the register was created in 1955 while Gibraltarian status originates with the Gibraltarian Status Act, 1962. The 1962 act
provides a legal framework for the register, and defines who is eligible to be listed on the register.
A person is eligible to be registered as a Gibraltarian
if they are a British national
and:
Further provisions provide for the registration of adopted children.
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:
Further provisions provide for the registration of children, adopted children and spouses of those registered at the discretion of the minister with responsibility for personal status.
Law of Gibraltar
The law of Gibraltar is a combination of common law and statute, and is based heavily upon English law.The English Law Act of 1962 stipulates that English common law will apply to Gibraltar unless overridden by Gibraltar law...
defined by the Gibraltarian Status Act, 1962. Persons with Gibraltarian status are registered on the Register of Gibraltarians.
History
The term was coined in the 1920s at a time of increasing awareness of national identityNational identity
National identity is the person's identity and sense of belonging to one state or to one nation, a feeling one shares with a group of people, regardless of one's citizenship status....
and was popularised during World War II
Military history of Gibraltar during World War II
The military history of Gibraltar during World War II exemplifies Gibraltar's position as a British fortress since the early 18th century and as a vital factor in British military strategy, both as a foothold on the continent of Europe, and as a bastion of British sea power...
, when the civil population of Gibraltar was evacuated
Emergency evacuation
Emergency evacuation is the immediate and rapid movement of people away from the threat or actual occurrence of a hazard. Examples range from the small scale evacuation of a building due to a bomb threat or fire to the large scale evacuation of a district because of a flood, bombardment or...
to 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...
and other parts of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. In 1962, the term was made a legal status in Gibraltar through the Gibraltarian Status Ordinance (1962). The Ordinance
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
became the Gibraltarian Status Act, 1962 following the implementation of the Gibraltar Constitution Order 2006
Gibraltar Constitution Order 2006
The Gibraltar Constitution Order 2006 was taken to a referendum in Gibraltar on 30 November 2006. A coalition of groups opposing the proposal held that a majority of 60% should be required to give effect to a new Constitution, quoting other instances...
.
The Register of Gibraltarians pre-dates Gibraltarian status - the register was created in 1955 while Gibraltarian status originates with the Gibraltarian Status Act, 1962. The 1962 act
Act (document)
An act is an instrument that records a fact or something that has been said, done, or agreed. Acts generally take the form of legal instruments of writing that have probative value and executory force...
provides a legal framework for the register, and defines who is eligible to be listed on the register.
Eligibility for Gibraltarian status
The following is a summary of the eligibility for Gibraltarian status contained in the 1962 Act. See the text of the act for full details.http://www.gibraltarlaws.gov.gi/articles/1962-13o.pdfA 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) They were 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) They are child of a person born in Gibraltar on or before the 30th day of June 1925; or
- (c) They are 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) They were born in Gibraltar and are the child of a person who is registered in the register; or
- (e) They are 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.
Further provisions provide for the registration of adopted children.
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) they are 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...
as their country of origin; - (b) they are a British national;
- (c) they are of good character;
- (d) they have 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) they have their permanent home in Gibraltar;
- (f) they have 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) they intend to make his permanent home in Gibraltar.
Further provisions provide for the registration of children, adopted children and spouses of those registered at the discretion of the minister with responsibility for personal status.
See also
- History of nationality in GibraltarHistory of nationality in GibraltarGibraltar is a juridically independent area in western Europe, and forms part of the Commonwealth of Nations as a British overseas territory.- Pre-Modern history :...
- Gibraltar passportGibraltar passportThe Gibraltar passport is a British passport issued to Gibraltarians and other British residents in Gibraltar.As a result of the British Nationality Act 1981 Gibraltarians were British Overseas Territories citizens by default, but could apply for registration as a British Citizen under section 5...
- Gibraltarian peopleGibraltarian peopleThe 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 :...
- List of Gibraltarians