Nationality and Borders Act 2022
Updates - New Legislation

30 June 2022:

https://twitter.com/ukhomeoffice/status/1542514250131730437?s=20&t=6qixZsoguKIwal6j81ncLg

 

 

 

 

 

 

 

 

 

28 June 2022:

Applicant & Caseworker guidance & application forms for registration as a British overseas territories citizen and British citizen children of BOTC parents.

 

This would be under the following routes: BOTC (F) for children of unmarried BOTC fathers born before 1 July 2006, and BOTC (M) for children born abroad to BOTC mothers before 1 January 1983. All applications must be submitted in paper form using the applicable application forms below. It is hoped the online application service will be available later in 2022.

 

Application forms:

For BOTC ( F) - BOTC fathers before 1 July 2006

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1085142/form-botc_f_-06-22.pdf

 

For BOTC (M) - BOTC Mothers before 1 January 1983:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1085142/form-botc_f_-06-22.pdf

 

Applicant Guide:

Applicant Guidance for BOTC (F):

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1085119/BOTC__F__Guide_.pdf

 

Applicant Guidance for BOTC (M):

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1085285/BOTC__M__GUIDE.pdf

 

Caseworker Guidance:

Caseworker Guidance for BOTC (F) & BOTC (M) PDF print version:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1083478/Registration_as_a_British_overseas_territories_citizen_and_British_citizen_-_children_of_BOTC_parents.pdf

 

Caseworker Guidance for BOTC (F) & BOTC (M) Online Accessible Version:

https://www.gov.uk/government/publications/registration-as-a-botc-and-british-citizen-children-of-botc-parents/registration-as-a-british-overseas-territories-citizen-and-british-citizen-children-of-botc-parents-accessible

 

Application fees:

https://www.gov.uk/apply-citizenship-parent-british-overseas-territories-citizen ​

 

All questions should be directed to the Home Office Nationality Helpline email or phone number listed below:

Citizenship-related queries

If having read the information set out in this guidance, you have questions about applying for BOT citizenship and British citizenship, you can email the Citizenship and Nationality Enquiries team at email:

nationalityenquiries@homeoffice.gov.uk.

​You should also contact them to let them know if your circumstances change.

If you’ve not had a response, we recommend checking your email’s spam or junk folder before contacting UKVI again.

Alternatively, you can get in touch via telephone at +44 (0)300 790 6268. You will need to select option 2, then option 2 again. You can get in touch Monday to Thursday from 9 am to 4:45 pm, or Friday, from 9 am to 4:30 pm. Information about call charges can be found here.

If you cannot contact UK 0300 numbers, use +44 (0) 203 875 4669.

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Previous Posts     

24 June 2022:

On 28 June 2022, the commencement date for clauses 1, 2 & 4 takes effect (with a tick mark). This is the first date an applicant who wishes to apply under the criteria for those specific clauses due to inequality to children born out of wedlock to BOTC fathers before 1 July 2006, and children born to BOTC Mothers before 1 January 1983. can start to submit an application.

 

Once we get the link details from the Home Office, we will publish links to the official Guidance Notes and Application form.

 

For those applicable under the Chagossian clause #3, the commencement date remains to be set and will hopefully be before year-end.

 

We are aware that under Clauses 1 & 2, some Chagossians 1st generation may be eligible to use this route. But we think it wise that you wait until the Chagossian-specific clauses come into effect is a better option.

 

As always, please consult a qualified UK Nationality Lawyer/Attorney/Solicitor for specific advice as to how best to go about making applications. Especially those with complex cases and complicated family setups/cases. Our campaign is not authorized to give legal opinions on any cases. Please direct such questions directly to the Home Office directly or a nationality lawyer.

If you have questions about applying for BOT citizenship and British citizenship, you can email the Citizenship and Nationality Enquiries team at nationalityenquiries@homeoffice.gov.uk

 

Nationality Lawyers/Attorneys/Solicitors/Barristers can be found using the Immigration Law Practitioners Association "ILPA" website: https://ilpa.org.uk/members-directory/

 

 

 

5 June 2022:

The commencement date for British overseas territories "BOTC" Citizenship clauses in Nationality and Borders Act 2022 is set for 28 June 2022. This is the "go" date for anyone wishing to make an application. The Home Office is currently finalizing the forms, guidance, and processes ready for that date.

 

However, 2 sections will NOT come into force on that date. Further work remains to be done:

  • The Chagossian registration route.  This was a late addition to the Bill, and work is being done to make sure everything is in place before commencing it.  

  • The lawful residence change for naturalization as a BOTC – requires more work with the overseas territories.

 

As soon as we hear of a commencement date we will of course let you know.

Here's the link to the government announcement for 28 June 2022: 

 

https://www.legislation.gov.uk/uksi/2022/590/schedule/1/made

 

11 May 2022:

The UK Government published the Nationality and Borders Act 2022. The part that relates to Nationality can be found at the front of the bill. The next event to take place will be "Commencement dates." The commencement dates will vary for each clause; some will come into force before others. It is expected that all clauses to be effective before the end of the 2022 year.

Here is the link to the full bill on the government website: 

 

https://www.legislation.gov.uk/ukpga/2022/36/contents/enacted

28 April 2022:

The Nationality and Borders Bill successfully completed its steps through both Houses of the UK Parliament and became law. It is now known as The Nationality and Borders Act 2022. T

 

The key nationality objectives of this bill relate to the inclusion of the British Overseas Territories provisions for children born out of wedlock to BOTC fathers before 2006 and children born to BOTC mothers before 1983. It is remedying long-standing citizenship discrimination.

 

We have also helped facilitate legislation that has remedied generational nationality discrimination for the Chagossian children, grandchildren, and great-grandchildren of descent.

Link to the bill's progress & updateshttps://bills.parliament.uk/bills/3023 

We post regular updates under the 'News & Blog' tab. https://www.botccampaign.org/blog-news

Full details will follow.

06 July 2021:

After a campaign of over seven years, on 6 July 2021, the United Kingdom Government, led by Prime Minister Boris Johnson in conjunction with Home Secretary Priti Patel, has listened and acted by introducing legislation to UK Parliament to address and remedy the anomalies in British nationality law that have placed us, the children (now adults) of British Overseas Territories parents, born abroad, some out of wedlock, at a clear disadvantage. 

 

Once the legislation is finalized, hopefully by the year-end of 2021, it will place us on equal footing with UK mainland British children (now adults) and allow us to apply for British & BOT nationality registration retrospectively. This will allow us to officially be recognized for nationality purposes, thereby obtaining British & British Overseas Territories nationality, citizenship & passports. We have finally been allowed to "come home" and feel like we officially belong. The whole purpose of our campaign is about uniting families.

Key points to remember:

 

  • We have every right to have our father's and mother's British citizenship by descent

  • Our campaign is all about “Reuniting Families"

  • No illegitimate child should ever be made to be less than and cast-out

  • We recognize there is still much work to be done for other children of Chaggosian descent

  • For us, at the end of the day, 'British Fair Play’ came through

  • We all have a right to live in a fairer and equal world

Important Legal Notice:

British Nationality law can be very complex. We encourage any person considering applying for citizenship or immigration to seek proper legal advice from suitably qualified, experienced British Nationality Lawyers/Solicitors within the UK. Our campaign is not equipped and cannot provide legal advice.

Do not hand over any money upfront to any other person not registered as a licensed law practitioner. Any initial consultation should be free of charge. Once you have validated their credentials and are satisfied the advisor can assist you in your application(s), then agree on payment. Never pay in cash. Only pay an initial deposit by personal check or credit card. Beware of Scammers!!

 

All legal advisors for nationality and Immigration must be registered with the UK government OISC. To locate a qualified representative, use the OISC website link: https://home.oisc.gov.uk/adviser_finder/finder.aspx.

and/or Immigration Law Practitioners Association "ILPA" website at: https://ilpa.org.uk/members-directory/.

 

The full version of the bill:

https://www.botccampaign.org/.../the-nationality-and...

Published bill:  https://www.legislation.gov.uk/ukpga/2022/36/contents/enacted

Link to the bill's progress & updateshttps://bills.parliament.uk/bills/3023 

 

Link to explanatory notes: https://publications.parliament.uk/pa/bills/cbill/58-02/0141/en/210141en.pdf 

For the history and background of our campaign: https://www.botccampaign.org/about

 

We post regular updates under the 'News & Blog' tab. https://www.botccampaign.org/blog-news

 

While we have been successful in our campaign, we recognize there is still much work to be done for nationality rights for the Chaggosian family members. They, too, are BOTC citizens who were displaced from their homes in the Chagos archipelago in the Indian Ocean. We hope our legislation will open doors for a resolution to their needs. 

 

For more information on their campaign, please go to:

 

https://www.chagossupport.org.uk/ 

 

https://www.facebook.com/chagossianvoices

New Plan for Immigration
Policy Statement March 2021

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Legal Disclaimer: British Nationality law can be very complex, and we encourage any person considering making an application for citizenship or immigration to seek proper legal advice from suitably qualified experienced British Nationality Lawyers/Solicitors. Our campaign is not equipped to provide legal advice.