Gibraltar passport | |
---|---|
Type | Passport |
Issued by | United Kingdom —HM Passport Office (via the CRSO) |
Eligibility | British citizenship and/or British Overseas Territories citizenship connected to Gibraltar |
The Gibraltar variant British passport [1] [2] 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 1981, made Gibraltarians British Overseas Territories citizens by default, and they could apply for registration as a British citizen ("an entitlement that cannot be refused") under section 5 of the Act until 2002. Despite not being British citizens prior to 2002 and hence having no automatic right of abode in the United Kingdom, all BOTCs connected to Gibraltar have enjoyed the right to live and work in the EEA countries (including the United Kingdom itself) since 1973 because of the territory’s accession to the European Community as territories of the United Kingdom, and their Gibraltar passports have borne observations to demonstrate such treaty rights. [3] [4]
Under the British Overseas Territories Act 2002, all British Overseas Territories citizens (BOTC) have been British citizens since 21 May 2002. Therefore, a Gibraltarian may apply for either a passport describing them as a British citizen or a passport describing them as a BOTC. Holders of BOTC passports and holders of British citizen passports face different visa requirements.
Until 31 January 2020, Gibraltarians who opted for the BOTC passport were considered "UK nationals for EU purposes", making them full citizens of the European Union with all consequential rights and entitlements. Since the UK's withdrawal from the EU, Gibraltar is no longer part of the EU and Gibraltarian BOTCs ceased to be EU citizens, although they continued to enjoy the same rights in the EU during the transition period until 31 December 2020. On 31 December 2020, the governments of Spain and the UK announced a draft agreement on Gibraltar becoming part of the Schengen area. [5]
Similar to those of the UK, new Gibraltarian passports will be blue. However, the timescale for their introduction has not been confirmed. [6]
Gibraltarians travelling within the European Union, EEA [ citation needed ] and Switzerland [ citation needed ] are entitled to use a Gibraltar identity card instead of a Gibraltar passport as a travel document.
British passports issued in Gibraltar differ from UK issued ones only in some of the wording but otherwise have the same status. The word "Gibraltar" is added beneath "United Kingdom of Great Britain and Northern Ireland" and on the information page. The only other difference is that Gibraltar-issued passports replace the mention of His Britannic Majesty's Secretary of State with The Governor of Gibraltar :
The Governor of Gibraltar requests and requires in the Name of His Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance, and to afford the bearer such assistance and protection as may be necessary. [7]
Changes to the passport's wording, replacing "Her Majesty" with "His Majesty," were undertaken following the death of Queen Elizabeth II. [8]
The British Overseas Territories (BOTs) are the 14 territories with a constitutional and historical link with the United Kingdom that, while not forming part of the United Kingdom itself, are part 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 culture of Gibraltar reflects Gibraltarians' diverse origins. While there are Spanish and British influences, a result of the territory's status as a British overseas territory and its proximity to Spain, the ethnic origins of most Gibraltarians are a mix of Andalusian Spaniards, Genoese, Maltese, Portuguese and British. The main religion is Christianity, the majority group being the Roman Catholic Church, then the Church of England. There is a long established Sephardic Jewish community, a number of Hindu Indians and a Moroccan Muslim population. Gibraltarians of Genoese origin came to The Rock in the 18th century, with the Maltese and Portuguese following in the 19th century, coming to work and trade in the British military base. Spanish Andalusian origins are the result of generations of intermarriage with inhabitants of surrounding towns.
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.
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 former BDTCs; current residents cannot newly acquire this nationality.
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.
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, and is immune from removal and deportation.
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.
A British passport is a travel document issued by the United Kingdom or other British dependencies and territories to individuals holding any form of British nationality. It grants the bearer international passage in accordance with visa requirements and serves as proof of citizenship. It also facilitates access to consular assistance from British embassies around the world. Passports are issued using royal prerogative, which is exercised by His Majesty's Government; this means that the grant of a passport is a privilege, not a right, and may be withdrawn in some circumstances. British citizen passports have been issued in the UK by His Majesty's Passport Office, an agency of the Home Office, since 2014. All passports issued in the UK since 2006 have been biometric.
This article concerns the history of British nationality law.
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.
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 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.
Gibraltarians in the United Kingdom may be Gibraltarian-born immigrants to the United Kingdom or their British-born descendants. Gibraltar is a British overseas territory therefore it allows individuals born there the right of abode in the United Kingdom. They hold British Overseas Territory Citizenship but may apply for registration as a British citizen under section 5 of the British Nationality Act 1981 and are considered United Kingdom nationals for European Union purposes with all consequential rights and entitlements.
British Overseas Territories Citizens in the United Kingdom is a term referring to individuals who have migrated to the United Kingdom from a British overseas territory; it could also include UK-born people descended of these individuals.
The Isle of Man-variant British passport, also known as the Manx passport, is a type of British passport issued by the Lieutenant Governor of the Isle of Man, one of the Crown Dependencies associated with the United Kingdom, on behalf of the British sovereign under the Royal Prerogative, at the request of the Isle of Man Government, to British citizens and certain British subjects resident in the Isle of Man, or who have certain qualifying important connections to the Isle of Man but are currently resident in the United Kingdom.
The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for people with British National (Overseas) status. BN(O) status was created in 1987 after the enactment of Hong Kong Act 1985, whose holders are permanent residents of Hong Kong who were British Overseas Territories citizens until 30 June 1997 and had registered as BN(O)s.
The Gibraltar identity card is an official identity document issued by Civil Status and Registration Office of the Government of Gibraltar to all British citizens living in Gibraltar. Validity of the document is 10 years.
British passports previously issued by the Department of Immigration of the Government of the British Overseas Territory of Bermuda on behalf of His Majesty's Passport Office of the Government of the United Kingdom, differed from those issued in the United Kingdom and elsewhere in having "Government of Bermuda" added to the outside of the front cover, and the request from His Britannic Majesty's Secretary of State in the Name of His Majesty The King, which is printed on the inside of the cover of passports issued by the UK Government, replaced with the same request from the Governor of Bermuda as the competent authority in this behalf, in the Name of His Majesty The King.
Passports in Europe are issued by each state individually, e.g. the Netherlands or United Kingdom. In general, passports issued in Europe either grant the holder the right of freedom of movement within the European Economic Area, to those that don't. The majority of European states are members of the European Union, and therefore issue EU passports.
A British Overseas Territories Citizen who has acquired the status by virtue of a connection with Gibraltar has the right of free movement within the European Union and the observation: "THE HOLDER IS DEFINED AS A UNITED KINGDOM NATIONAL FOR EC PURPOSES" should be entered in the passport. Applicants who have lesser connections with Gibraltar are given right of abode but do not have free movement rights within the European Union. So they can be distinguished from those who enjoy this privilege the observation: "THE HOLDER HAS THE RIGHT OF ABODE IN GIBRALTAR" should be entered in the passport.