Belonger status
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Ireland Act 1949 |
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.
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Belonger status in the Territories
Belonger status in Anguilla
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 Bermuda
The term itself does not exist in Bermuda's laws, but is equivalent to "Bermudian status".
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.
External links
- Bermuda Immigration Department
- Cayman Islands Immigration Department
- Turks and Caicos Islands Immigration Department
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