This article includes a list of general references, but it lacks sufficient corresponding inline citations .(July 2011) |
Act of Parliament | |
Long title | An Act to provide for the acquisition of British citizenship by persons having connections with the Falkland Islands. |
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Citation | 1983 c. 6 |
Territorial extent | United Kingdom, the Crown dependencies, and the British Dependent Territories |
Dates | |
Royal assent | 28 March 1983 |
Commencement | 1 January 1983 |
Other legislation | |
Amended by | British Overseas Territories Act 2002, Nationality, Immigration and Asylum Act 2002 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
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 |
The British Nationality (Falkland Islands) Act 1983 (1983 c. 6) is an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983. The purpose of the Act was to grant British citizenship to residents of the Falkland Islands, a British Overseas Territory in the South Atlantic.
Under the British Nationality Act 1981, a resident of the Falkland Islands was classed as a British Dependent Territories citizen (BDTCs) unless they also had a connection with the United Kingdom (UK) itself (such as through having a UK-born parent or grandparent). British Dependent Territories citizens were restricted in their right to enter and stay in the UK. The new Act conferred full British citizenship on the residents of the Falkland Islands, giving them more preferential status than that of other BDTCs, including BDTCs of Gibraltar (whose British citizenship must be voluntarily applied for). The 1983 Act had retrospective effect from 1 January 1983, the date on which the 1981 Act had come into effect.
The 1983 Act was passed mainly in response to the Falklands War, which was fought between the United Kingdom and Argentina over the sovereignty of the islands. The United Kingdom maintained that it would stand by the principle of self-determination of allowing the Falkland Islanders to decide their own destiny. It had been argued [2] that the British Nationality Act 1981 had indicated British reluctance to hold the islands, as the residents were not legally full British citizens, and after the war ended in victory for the British, the 1983 Act was passed to clarify the United Kingdom's commitment to the islands.
The Act has been largely superseded by the British Overseas Territories Act 2002, which granted full British citizenship to BDTCs of most remaining British overseas territories.
The British Overseas Territories (BOTs), are the 14 territories with a constitutional and historical link with the United Kingdom, but do not form part of the United Kingdom itself, although parts of its sovereign territory. The permanently inhabited territories are delegated varying degrees of internal Self-governance, with the United Kingdom retaining responsibility for defence, foreign relations, and internal security, and ultimate responsibility for good governance. All of the territories are inhabited by civilians, except three that are chiefly or only inhabited by military or scientific personnel. All fourteen have the British monarch as head of state. These UK government responsibilities are assigned to various departments of the Foreign, Commonwealth and Development Office and are subject to change.
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire. Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.
The British Overseas Territories Act 2002 (c.8) is an Act of the Parliament of the United Kingdom which superseded parts of the British Nationality Act 1981. It makes legal provision for the renaming of the British Dependent Territories as British Overseas Territories, and the renaming of associated citizenship.
A Crown colony or royal colony was a colony administered by the Crown within the English and later British Empire. There was usually a governor to represent the Crown, appointed by the British monarch on the advice of the UK Government, with or without the assistance of a local council. In some cases, this council was split into two: an executive council and a legislative council, and the executive council was similar to the Privy Council that advises the monarch. Members of executive councils were appointed by the governors, and British citizens resident in Crown colonies either had no representation in local government, or limited representation in a lower house. In several Crown colonies, this limited representation grew over time. As the House of Commons of the British Parliament has never included seats for any of the colonies, there was no direct representation in the sovereign government for British subjects or citizens residing in Crown colonies.
The British Nationality Act 1981 (c.61) is an Act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.
British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for colonial subjects; current residents cannot newly acquire this nationality.
A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its remaining overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.
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 or ancestry. The requirements for belonger status, and the rights that it confers, vary from territory to territory.
British nationality law as it pertains to Hong Kong has been unusual ever since Hong Kong became a British colony in 1842. From its beginning as a sparsely populated trading port to today's cosmopolitan international financial centre and world city of over seven million people, the territory has attracted refugees, immigrants and expatriates alike searching for a new life.
This article concerns the history of British nationality law.
Irish citizens in the United Kingdom enjoy a special status when residing there, due to close proximity of the UK and Ireland and historical ties between the two countries. They are considered to have automatic and permanent permission to live in the UK and are eligible to vote, stand for public office, and serve in non-reserved government positions.
The British Nationality Selection Scheme, usually known in Hong Kong as simply the British Nationality Selection Scheme (BNSS), was a process whereby the Governor of Hong Kong invited certain classes of people, who were permanent residents of Hong Kong with the right of abode, and who were also considered British nationals under the British Nationality Act 1981, but were not British citizens, to apply to be considered and then be selected to become registered as British citizens under the British Nationality Act 1990.
A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizenship rights to resident Commonwealth citizens. In 16 member states, resident non-local Commonwealth citizens are eligible to vote in elections. The status is most significant in the United Kingdom, and carries few or no privileges in many other Commonwealth countries.
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 British Overseas Territories.
A British protected person (BPP) is a member of a class of British nationality associated with former protectorates, protected states, and territorial mandates and trusts under British control. Individuals with this nationality are British nationals, but are neither British nor Commonwealth citizens. Nationals of this class are subject to immigration controls when entering the United Kingdom and do not have the automatic right of abode there or any other country.
The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.
The Gibraltar variant British passport is a British passport issued to British Citizens and British Overseas Territory Citizens who work or live in Gibraltar. Having Gibraltarian status alone, without being resident in Gibraltar, is insufficient to obtain a Gibraltar Passport. Gibraltar passports are issued by the Passport Office of the Gibraltar Civil Status and Registration Office. Since 2005, passports issued in Gibraltar have been biometric.
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national citizenship of the United Kingdom and all of its colonies.
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies, and the 14 British Overseas Territories.
The Nationality, Immigration and Asylum Act 2002 is an Act of the Parliament of the United Kingdom. It received royal assent on 7 November 2002.