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Hello everyone,
I would like you all to help me to figure out if my son needs to be registered in order to claim BOTC, he was born in ST.Kitts in 1995 and i thought he could claim BOTc STATUS BY DESCENT but they are telling me in Anguilla he needs to register. I am a BOTC by adoption as I was legally adopted Feb 2,1982, I was thinking he can get it without registration. Please help me also at one time they told me I would need to get naturalized in order to be able to get a UK passport but the woman at the passport office told me it is not so as I was legally adopted, in Anguilla I think they do not know the laws so PLEASE can you all help me firgure this out so in turn i can get this all sorted.

T

Were you adopted under Anguilla law in 1982?

What was your nationality before becoming a BOTC? Or were you from another British territory? When were you born?

I am not sure if adoption in a colony conferred automatic British nationality before 1983.

Do you have a BOTC passport?

yes i was adopted under anguilla law.
I was born in the netherland antillies. No i do not have the passport yet,because i was told i need to be naturalized but i have been reading up on the Acts that where passed in 1981 i think and it says that once a child was legally adopted in the courts that i am from the place where i was adopted.

So now i have been told i can get the BOTC passport, but i am confused because in Anguilla every office tells u something different, but really i would like my son to get the Anguilla passport and apply for the BOTC as my husband and I are planning to live in the UK. So any help you all can give me to help me understand is greatly appreciated

trevormom wrote:yes i was adopted under anguilla law.
I was born in the netherland antillies.

So ... are you a Dutch citizen or not? Do you have a Dutch passport?

No i do not have the passport yet,because i was told i need to be naturalized but i have been reading up on the Acts that where passed in 1981 i think and it says that once a child was legally adopted in the courts that i am from the place where i was adopted.

The British Nationality Act 1981 only came into force on 1 January 1983. As you were adopted before then, I am not certain there was any basis for you to have obtained United Kingdom & Colonies status solely based on the adoption.

Did your adoptive parents apply for you to get British-Anguilla nationality?

If you have ever been outside Anguilla, what travel documents did you use? What immigration status documents have you got from Anguilla?

No i have a anguilla passport the only travel document i ever had i also have as they put it the adoption cetificate that states the woman who adopted me as my mother so yes i am anguillian, i read this on the uk border website and i think it qualifies me to be a BOTC here is what i read

In most cases, you became a British overseas territories citizen on 1 January 1983 if you were a citizen of the United Kingdom and Colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on 1 January 1983.
and i was legally adopted and it also says that Anguilla is on the Hague Convention of contries reconganized in the UK,so my adoption is valid in the UK . So i guess if this information is correct i can apply for the BOTC passport.

I'm intrigued again!

Is a BOTC passport of any value? The BNO one is pretty useless but seems to be the most useful one of all the Empire-style passport remnants...

Are you hoping for British Citizenship through it for you and/or ur son?

trevormom wrote:No i have a anguilla passport the only travel document i ever had i also have as they put it the adoption cetificate that states the woman who adopted me as my mother so yes i am anguillian, i read this on the uk border website and i think it qualifies me to be a BOTC here is what i read
.... So i guess if this information is correct i can apply for the BOTC passport.

An Anguilla passport should be a BOTC passport. What exactly does it say for "Nationality Status" on the ID page?

it say BOTC, so i guess this means i can apply for a UK passport?
and does this enable my son to get a uk or anguillian paspport by descent, and guys let me tell u all thanks u all need to come work in anguilla it seems we do not knw the laws.

trevormom wrote:it say BOTC, so i guess this means i can apply for a UK passport?
and does this enable my son to get a uk or anguillian paspport by descent, and guys let me tell u all thanks u all need to come work in anguilla it seems we do not knw the laws.

Well JAJ is the main man here regarding British Nationality so listen to him.

trevormom wrote:it say BOTC, so i guess this means i can apply for a UK passport?

Interesting. The problem I see is that prior to 1983, only adoption in the United Kingdom, Channel Islands and Isle of Man conferred Citizenship of the UK & Colonies.

So either one of the following scenarios is true:

- your adoptive parents (or you) applied for you to get British nationality in Anguilla, OR

- your BOTC passport was issued by mistake.

See the document ADOPTION:
http://www.ukba.homeoffice.gov.uk/sitec ... ec2gensec/

ok so does this mean I belong to nowhere i have alway thought that i was an anguillian what do i do know?
And i have had this passport since i was a baby, they just keep on renewing it i cannot claim dutch nationality as i was never registered there but i am registered in the court here in Anguilla. The only birth certficate i have has my adoptive mom name on it.

but uk website also says this
''In most cases, you became a British overseas territories citizen on 1 January 1983 if you were a citizen of the United Kingdom and Colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on 1 January 1983.''

i just read this and i think it makes me a BOTC.

I think i have been registered because every time i need a birth certificate they give it to me and it states my adoptive mother as my mom on it does this help any? and also since i was born in 1980 and my biological mother was from anguilla would this in any way help me?

and i am sorry to b such a pain but this is confusing and i need to b in school in the uk in january. Thank u in advance for all your help

Doesn't the below apply to you?

The British Overseas Territories Act 2002 (c. is an Act of the Parliament of the United Kingdom, which superseded parts of the British Nationality Act 1981. It makes provision for the renaming of the British Dependent Territories as British Overseas Territories, and the renaming of associated citizenship. It further grants, from 21 May 2002, British citizenship to anyone holding British Overseas Territories citizenship on that date (with the exception of those solely connected with the Cyprus Sovereign Base Areas), whereas previously this was available only to people from Gibraltar and the Falkland Islands.

The qualifying territories for the purposes of the 2002 Act include the British Indian Ocean Territory (BIOT) and the British Antarctic Territory. At the time, there was discussion as to whether either of these territories should be treated as qualifying territories for the purposes of the Act, when neither have a permanent population and in the case of the British Antarctic Territory there are competing territorial claims that are held in abeyance.

Although it is not normally possible under either territory's immigration laws to acquire British Overseas Territories citizenship (BOTC) by naturalisation in that territory, the former inhabitants of the BIOT still hold BOTC by virtue of their birth, or a parent's birth, in that territory. It also appears that at least one person (Emilio Palma) holds British nationality by virtue of birth in the British Antarctic Territory prior to 1983.

Although it was not usual for citizens to acquire British citizenship under the previous British Nationality Act 1981, if their connection was solely to the British colony or territory, this has now been made automatic.[1] The only exception to this is for those connected solely with the sovereign military bases in Cyprus.

This has allowed residents of British Overseas Territories to apply for a passport describing them as a citizen, to join the UK armed and police forces, and to exercise rights under the Human Rights Act.

South Georgia and the South Sandwich Islands was included in the scope of the Act mainly due to its former association with the Falkland Islands. The 2002 Act is similar in scope to the British Nationality (Falkland Islands) Act 1983 and repealed that Act (without affecting the validity of any acquisition of British citizenship under that legislation).

Those acquiring British overseas territories citizenship after 21 May 2002 may usually be registered as British citizens under section 4A of the 1981 Act.

While citizens of all the Overseas Territories (except the Sovereign Base Areas) can now apply for full British citizenship (and therefore gain right of abode in the UK by virtue of being a British citizen), British citizens visiting Overseas Territories are subject to local immigration controls.

i also read this a while ago guys i love you all 4 making me read and figure out the laws,

''In most cases, you became a British overseas territories citizen on 1 January 1983 if you were a citizen of the United Kingdom and Colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on 1 January 1983''

guys i do not want to be british i just want to be a BOTC and firgure out if my son can be 1 by virtue of decent which would be through me his mom.
Guy guess what she registered me . I just got the paper it says

I certify that the above is a true written copy of the entry in the ADOPTED BIRTHS REGISTRAR in the island of Anguilla.

then it has a stamp which says Register Births,Deaths & Marriage, Anguilla west indies.

Backer wrote:Doesn't the below apply to you?

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.

It doesn't apply! The problem here is that the person may never have become a CUKC on adoption and hence may not be a BOTC.

With respect, posting well meaning but irrelevant information only causes confusion.

trevormom wrote:i also read this a while ago guys i love you all 4 making me read and figure out the laws,

''In most cases, you became a British overseas territories citizen on 1 January 1983 if you were a citizen of the United Kingdom and Colonies by birth, descent, legal adoption, naturalisation or registration in a place that was a British overseas territory on 1 January 1983''

I don't know where you read this but it is wrong. Section 23 of the British Nationality Act 1981, which deals with Citizens of the UK & Colonies (CUKCs) becoming BOTC on 1.1.83, makes no reference to those who acquired citizenship by adoption.

This is because adoption in a colony/territory prior to 1983 did not confer British nationality.

As a result, I am fairly confident you did not become a CUKC in 1982 simply by virtue of your adoption in Anguilla.

Unless you adoptive parents registered you as a CUKC or BOTC in Anguilla after you were adopted, I am confident your passport was issued by mistake. You might still be a "belonger" under Anguilla immigration law, but in order to become a BOTC you need to be naturalised.

And you can't get British citizenship, allowing you to live in the UK, until you are a BOTC. Then you can apply for British citizenship.

If you don't believe me (and you shouldn't rely on a free forum) take a look at Chapter 22 of the the Home Office Nationality Instructions, dealing with which CUKCs became BOTC in 1983.
http://www.ukba.homeoffice.gov.uk/polic ... ns/nivol1/

There is no reference to adoption ...

I may be wrong in all of this but all the evidence supports what I am saying.

JaJ,
in the same chapter you gave me it also says this lower down,

A person born outside the British overseas territories (see Note A to Annex D) before 1 January 1983 may be regarded as a British overseas territories citizen on production of:
•
a passport issued on or after 1 January 1983 describing the holder as a British Dependent Territories citizen or a British overseas territories citizen; or
•
the relevant documents related to the person's, his or her parents', grandparents', spouse's birth, adoption, marriage, death, registration or naturalisation

trevormom wrote:JaJ,
in the same chapter you gave me it also says this lower down,

A person born outside the British overseas territories (see Note A to Annex D) before 1 January 1983 may be regarded as a British overseas territories citizen on production of:
•
a passport issued on or after 1 January 1983 describing the holder as a British Dependent Territories citizen or a British overseas territories citizen; or
•
the relevant documents related to the person's, his or her parents', grandparents', spouse's birth, adoption, marriage, death, registration or naturalisation

Forget your passport, for now. It may have been issued by mistake so you cannot rely on it.

Read the whole of Chapter 22, in particular look at Annex C which determines if someone born on or after 1.1.49 was a Citizen of the UK & Colonies on 31.12.1982.

Tell us which category you think you fall into ...