51茶馆

1. Introduction

This guide, and the application form , are for registering a child under 18 as a British overseas territories citizen.

The law covering registration is contained in the and the regulations made under it. The information given here is meant only as a brief guide to the law and to the Home Secretary鈥檚 policy. It is not a comprehensive statement of either the law or policy.

1.1 Children who are automatically British overseas territories citizens

If one of the child鈥檚 parents is a British overseas territories citizen otherwise than by descent the child would automatically become a British overseas territories citizen at birth. There is no need to apply for registration of the child.

1.2 Warning on dual nationality

A person does not have to give up their present citizenship or nationality to become a British overseas territories citizen. But under the nationality laws of some countries a child could automatically lose their citizenship if they become a citizen of another country. If you are not sure about this, you should ask the authorities of the country concerned before you make an application.

2. The requirements

A child under the age of 18 will be entitled to registration as a British overseas territories citizen if they meet the requirements within sections A, B or C below. The Governor of the British overseas territory concerned will normally be responsible for the registration.

The Governor may, if they think fit, register as a British overseas territories citizen any other child under 18. The matters which they will consider are set out in section D.

This chart will help you decide which route you may qualify for:

Was the child born in a British overseas territory after 1 January 1983 and:

• they are not a British overseas territories citizen at birth, and
• one of their parents later became a British overseas territories citizen or settled in a British overseas territory?

If yes, go to section A.

If no:

Was the child born outside the British overseas territories after 1 January 1983 and:

• their parent(s) are British overseas territories citizens by descent, and
• the child has lived in a British overseas territory for the last three years?

If yes, go to section B.

If no:

Was the child born outside the British overseas territories after 1 January 1983 and:

• likely to remain living overseas and
• one (or both) of the parents are British overseas territories citizens by descent and have lived in a British overseas territory for a period of three years at any time before the birth?

If yes, go to section C.

If no:

Go to section D, which covers a Governor鈥檚 discretion to register a minor child as a British overseas territories citizen.

2.1 The definition of 鈥榩arents鈥� for nationality purposes

From 1 July 2006

• The mother is the woman who gave birth to the child.

• The father is:

  • a) the husband of that woman (if they were married at the time of the child鈥檚 birth); or

  • b) the man who is treated as the father under ; or

  • c) if neither (a) or (b) apply, any man who can satisfy the Home Secretary of proof of paternity.

From 6 April 2009

• The mother is the woman who gives birth to the child.

• The father is either:

  • a) the husband of that woman (if they were married at the time of the child鈥檚 birth); or

  • b)聽a man who is treated as the father under section 35 or 36 of the ; or

  • c)聽a person who is treated as a parent of the child under section 42 or 43 of the (second female parent); or

  • d) if none of the above apply, any person who can provide proof of paternity.

Proof of paternity

Where a child鈥檚 mother is not married (and no one is treated as the child鈥檚 father under the Human Fertilisation and Embryology Acts), a person can prove they are the child鈥檚 father if:

• they were named as the child鈥檚 father on a birth certificate issued within 12 months of the birth and the birth was registered before 10 September 2015; or
• they can provide evidence of paternity. This could include a birth certificate, court order or DNA test reports.

2.2 Section A 鈥� child born in a British overseas territory

The child will come within this section if:

• the child was born in a British overseas territory.

• The British Overseas territories are Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St. Helena and Dependencies, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia, Turks and Caicos Islands and the Virgin Islands.

• the child was not a British overseas territories citizen by birth.

• one (or both) of the child鈥檚 parents became a British overseas territories citizen or settled in a British overseas territory after the child was born. 鈥淪ettled鈥� means that there are no time restrictions on the parent鈥檚 stay in the territory. Depending on the territory, this might be permanent residence or belonger status.

• that parent has at any time before the child鈥檚 birth lived in a British overseas territory for a period of 3 years without being absent from the territory for more than 270 days in that period.

  • This requirement does not apply if the child was born stateless.

• the application is made within 12 months of the child鈥檚 birth.

  • This time limit may be extended to within 6 years of the child鈥檚 birth if there are special circumstances. If you make an application outside the 12 months, you should explain what the special circumstances are on a separate sheet of paper.

If the child meets these requirements, they can be registered under section 15(3) of the British Nationality Act 1981.

If a child was born in the territory and lived there for the first 10 years of their life, they may be able to apply under section 15(4) of the British Nationality Act 1981.

Further information is available in the published caseworker guidance on 51茶馆.

2.3 Section B - Child born outside a British overseas territory to a parent who is a British overseas territories citizen by descent and the family are living in a territory

The child will come within this section if:

• the child was born outside the British overseas territories.

• one of the child鈥檚 parents was a British overseas territories citizen by descent at the time of the child鈥檚 birth.

• the child and their mother and father were in a British overseas territory during the 3 years immediately before the application, without any of them being outside the territory for more than 270 days in that period. They must also have been in that territory at the beginning of the 3-year period.

• the child鈥檚 mother and father consent to the application for registration of the child.

  • If one of the parents has died, then only the consent of the surviving parent is required.

• the application is received before the child鈥檚 18th birthday.

  • If the child is born to unmarried parents, the above requirements do not apply to the father.

If the child meets these requirements, they can be registered under section 17(5) of the British Nationality Act 1981.

If one of the parents is a British citizen by descent, the child may be entitled to registration as a British citizen in addition to registration as a British overseas territories citizen. An application for registration as a British citizen should be made using form MN1 鈥� further information on applying is available in the accompanying guide MN1.

Alternatively, once an individual acquires British overseas territories citizenship, they may be able to apply for British citizenship under section 4A of the British Nationality Act 1981 (subject to meeting the requirements). Applications under this route can be made using form B(OTA) 鈥� further information on applying is available in the accompanying guide B(OTA).

2.4 Section C 鈥� Child born outside a British overseas territory to a parent who is a British overseas territories citizen by descent

The child will come within this section if:

• the child was born outside the British overseas territories. The British overseas territories are:

  • Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, St. Helena and Dependencies, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia, Turks and Caicos Islands and the Virgin Islands.

• the child is likely to remain living overseas.

• one (or both) parents is a British overseas territories citizen by descent.

• the child鈥檚 grandparent was a British overseas territories citizen (or British dependent territories citizen) 鈥渙therwise than by descent鈥� at the time the child鈥檚 parent was born. This includes grandparents who were born in a British overseas territory, or naturalised as a British overseas territories citizen.

• at any time before the child鈥檚 birth, that parent lived in a British overseas territory for a period of three years without being absent from the territory for more than 270 days.

• the application is made within 12 months of the child鈥檚 birth.

  • In exceptional cases we may grant applications for registrations made within six years of the child鈥檚 birth.

If the child meets these requirements, they can be registered under section 17(2) of the British Nationality Act 1981.

2.5 Section D 鈥� Registration at discretion

A child who does not come within sections A to C may be registered as a British overseas territories citizen (BOTC) at the discretion of the Governor, provided an application is received before the child鈥檚 18 birthday. It is not possible to set out all the circumstances in which they would normally agree to registration, but consideration is given to:

• the child鈥檚 connections with the territory;
• where the child鈥檚 future is likely to lie;
• the views of the parents;
• the nationality of the parents;
• any compelling circumstances;

and, in cases of older children (particularly those approaching 18 years of age):

• whether the child is of good character;
• the length of time the child has lived in the territory.

The way that discretion may be exercised is described in the caseworker guidance available for viewing on the 51茶馆 website. These guidance documents are used by trained nationality caseworkers and do not constitute a definitive set of criteria for registration. They must be taken as a whole. The fact that children may satisfy certain criteria does not mean they will be registered if there are other criteria that they do not satisfy.

Some situations where a child would normally be registered are set out below.

Children applying in line with their parents

Children will come within this category if:

• one parent is a BOTC or about to become one through registration or naturalisation
• the other parent (if involved in the child鈥檚 life) is a BOTC or settled in the territory
• the child has been resident in the territory for the last 2 years - (if the child is under the age of 2 we can accept a shorter residence period, taking into account the age of the child)
• the child is settled in the territory
• where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
• there is no reason to refuse on character grounds

Children with settlement and residence

Children will come within this category if:

• the child has completed a period of lawful residence in the territory of more than 5 years
• the child has been granted settled status in the territory, and held that status for at least 12 months

• the child鈥檚 parents (if involved in the child鈥檚 life) have completed a period of 5 years residence and are settled in the territory

• where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
• the child is of good character and there is no reason to refuse on character grounds

Children who have lived in a territory for more than 10 years

Children will come within this category if:

• the child is in the territory lawfully
• the parents have regularised their own status
• where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
• there is no reason to refuse on character grounds

Children adopted by British overseas territories citizens

Under section 15(5) of the British Nationality Act 1981, a child will become a BOTC automatically on the date of adoption where:

• They are not a BOTC at birth
• They are adopted by order of a court in a British overseas territory
• The adopter or, in the case of joint adoption, one of the adopters is a BOTC

If an adopted child does not become a BOTC automatically, they may be able to be registered as a BOTC. Adopted children will come within this category if:

• the adoption is not informal or temporary
• under the law of the country where the adoption took place, the child is the child of the adoptive parents alone and the legal relationship with the birth family has been completely terminated
• at least one of the adoptive parents is a BOTC otherwise than by descent
• the adoptive parent or parents have consented
• there is no reason to refuse on character grounds
• we are satisfied that all relevant adoption laws have been adhered to, this includes the laws of the country in which the adoption has taken place, the country of origin of the child and the country in which the adoptive parents are habitually resident
• we are satisfied the adoption is not one of convenience arranged to facilitate the child鈥檚 admission to the territory

Children born to a parent who has renounced and subsequently resumed BOTC status

Children will come within this category if:

• the mother or father has renounced and subsequently resumed BOTC status
• the child was born before the date of resumption
• that parent either:
  • became a BOTC otherwise than by descent on resumption
  • was a BOTC by descent and the child would have an entitlement to registration under section 17(1) or (2) of the British Nationality Act 1981 had the parent not renounced
• where necessary both parents consent to the registration or any objections by the non-applying parent are ill founded
• there is no reason to refuse on character grounds

3. The application form

3.1 Who should fill in the form

An application should normally be made by a parent or guardian of the child. If the child comes within section C both parents must agree to the application unless the child was born to unmarried parents.

A guardian should apply or consent only if both parents are dead or if for some reason (which must be given) neither parent is able to make the application. A guardian must send evidence of their right to act as guardian, e.g. an Order of Court or the written authority of the parent(s).

If the child makes their own application and does not come within sections A, B or C, the written consent of the parent(s) or guardian should be given and it should be explained why a parent or guardian is not making the application.

3.2 Which parts to fill in

Please complete sections 1-3 of .

3.3 Notes about some parts of the form

Section 1, Question 23 - Criminal Record

Details of all the child鈥檚 criminal convictions must be provided.

The British Nationality Act 1981 contains a statutory requirement that those seeking to become British must be of good character, which applies to children aged ten or over.

This means the child must observe the laws of the relevant British Overseas Territories and show respect for the rights and freedoms of its citizens. Checks will be made on children aged 10 years and over to ensure that this requirement is met.

Before you complete this section in respect of a child, you are advised to refer to the good character policy guidance which caseworkers use to decide your application. This is available on the 51茶馆

Checks will be carried out to ensure that the information you provide is correct. This may include checks with other government departments. If you are not honest about the information you provide, and the child is granted citizenship on the basis of incorrect or fraudulent information they will be liable to have their British Overseas Territories citizenship taken away (deprivation) and you may be prosecuted. It is a criminal offence to make a false declaration knowing that it is untrue.

Criminality

You must give details of all criminal convictions given to the child, both within the territory and overseas. This includes if the child went to prison, or has received a non-custodial sentence such as a suspended sentence. You should also include any out-of-court disposal such as a fine, a caution, a warning or reprimand, a community sentence, a civil order, a civil penalty, a civil judgment, a hospital order or a restriction order. All fiscal fines must also be disclosed. If you are not sure, you should declare all penalties or orders.

Fixed penalty notices such as those issued under the coronavirus Regulations, or for traffic offences such as speeding or parking tickets must also be disclosed, although will not normally be taken into account unless they have failed to pay and there were criminal proceedings as a result, or they received multiple fixed penalty notices in a short space of time.

Drink driving must also be declared. If you have any endorsements on your driving licence you must provide details of these with your application, or provide the paper counterpart.

Criminal record checks will be carried out in all cases. If the child has been charged with a criminal offence and are awaiting trial or sentencing, you are advised not to make any application for the child鈥檚 registration until the outcome is known.

You must give details of all civil judgments which have resulted in a court order being made against them, as well as any civil penalties under the territory鈥檚 immigration laws. If the child has been declared bankrupt at any time you should give details of the bankruptcy proceedings. (The application is unlikely to succeed if they are an undischarged bankrupt).

You do not need to give details of family law proceedings such as divorce decrees, dissolved civil partnerships, guardianship orders, and parental responsibility orders made against the child.

You must say if the child鈥檚 details have been recorded by the police as a result of certain sexual offences, or if they are subject to one of the following orders: notification order, sexual offences prevention order, foreign travel order, risk of sexual harm order (or equivalent order made in a British overseas territory or any other country).

You must say if there is any offence for which the child may go to court, or which is awaiting hearing in court. This includes having been arrested for an offence and waiting to hear if they will be formally charged. If they have been arrested and not told that charges have been dropped, or that they will not have to appear in court, you may wish to confirm the position with the police. You must tell us if they are arrested or charged with an offence after you make their application and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so.

Terrorism and International Crimes

You must say whether the child has had any involvement in terrorism or whether they have been involved in any crimes in the course of armed conflict, including crimes against humanity, war crimes or genocide, or if they are the subject of an international travel ban. If you are in any doubt as to whether something should be mentioned, you should mention it.

This guidance is not exhaustive. Before you answer these questions, you should consider the full definitions of war crimes, crimes against humanity and genocide which can be found in Schedule 8 of the

Alternatively, copies can be purchased from:

It is your responsibility to satisfy yourself that you are familiar with the definitions and can answer the questions accurately.

Genocide - acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.

Crimes against humanity - acts committed at any time (not just during armed conflict) as part of a widespread or systematic attack, directed against any civilian population with knowledge of the attack. This would include offences such as murder, torture, rape, severe deprivation of liberty in violation of fundamental rules of international law and enforced disappearance of persons.

War Crimes - grave breaches of the Geneva Conventions committed during an armed conflict. This includes an internal armed conflict and an international armed conflict. The types of acts that may constitute a war crime include wilful killing, torture, extensive destruction of property not justified by military necessity, unlawful deportation, the intentional targeting of civilians and the taking of hostages.

Travel bans - travel bans restrict the movement of individuals associated with regimes or groups whose behaviour is considered unacceptable by the international community.

Terrorist Activities - any act committed, or the threat of action, designed to influence a government or intimidate the public and made for the purpose of advancing a political, religious or ideological cause and which involves serious violence against a person or which may endanger another person鈥檚 life; creates a serious risk to the health or safety of the public; involves serious damage to property; is designed to seriously disrupt or interfere with an electronic system.

Organisations concerned with terrorism - an organisation is concerned with terrorism if it:

• commits or participates in acts of terrorism,
• prepares for terrorism,
• promotes or encourages terrorism (including the unlawful glorification of terrorism), or
• is otherwise concerned with terrorism.

Financial soundness

You must tell us if the child has ever been declared bankrupt, found to have unreasonably failed to pay tax, or engaged in fraud in relation to public funds (including claiming public funds to which they were not entitled or were prohibited from accessing, or failing to declare their full circumstances).

Deception

You must tell us if the child has ever practised deception in their dealings with the Home Office or other government departments (for example, by providing false information or fraudulent documents).

Immigration matters

We will look at the child鈥檚 immigration history to see whether they have been here unlawfully or 鈥渋n breach鈥� of the immigration laws. Further information is set out in the good character policy guidance.

An application for citizenship will normally be refused if:

• the person entered the territory illegally, no matter how much time has passed since the illegal entry took place
• the person previously arrived without a required valid entry clearance or electronic travel authorisation, having made a dangerous journey.

A dangerous journey includes, but is not limited to, travelling by small boat or concealed in a vehicle. It does not include, for example, arrival as a passenger with a commercial airline.

We will normally overlook immigration breaches if it was outside the child鈥檚 control, taking into account the age of the child at the time the breach occurred. Further information about what we will consider is in the good character policy guidance.

What if you haven鈥檛 been convicted but your character may be in doubt?

You must say if there is any offence for which the child may go to court, or which is awaiting hearing in court. This includes having been arrested for an offence and waiting to hear if the child will be formally charged. If the child has been arrested and not told that charges have been dropped, or that they will not have to appear in court, you may wish to confirm the position with the police. You must tell us if the child is arrested or charged with an offence after the application is made and while the application is under consideration. You risk prosecution under section 46 of the British Nationality Act 1981 if you do not do so

You must say whether the child has been involved in anything which might indicate that they are not of good character. You must give information about any of these activities no matter how long ago it was. Checks will be made in all cases and the application may fail and the fee will not be refunded if you make an untruthful declaration. If you are in any doubt about whether the child has done something, or it has been alleged that the child has done something, which might lead us to think that they are not of good character, you should say so.

What if you consider that you have mitigating factors?

You can also tell us about any genuine, meaningful attempts to change their behaviour and comply with the law. For example, any voluntary or charity work the child participates in, or where they have engaged with programmes or activities aimed at addressing the cause of their offending, such as treatments aimed at reduction of alcohol consumption, drug dependency, or successful engagement with a youth diversion or turning point scheme. You can also tell us about any exceptional or compelling circumstances they may have, for example, evidence that indicates that they were not in control of their own arrival if they entered the territory illegally. These examples are not exhaustive.

You can tell us about this in the 鈥榮pecial circumstances鈥� box at the end of the application.

Section 2 - Consent

If it is not convenient for both parents to give their consent on the application form, written consent can be given in a separate letter to the Governor.

If one of the parents has not given their consent, the reason should be given in question 2.3 (e.g. a parent is dead, cannot be traced, or objects, etc.).

Where a parent objects, a separate letter giving the reasons should be sent to the Governor.

Section 3 - Declaration

When the form has been completed, sign and date the Declaration in section 3. An undeclared application will not be valid.

Information you give us will be treated in confidence, but may be disclosed to other Government Departments and agencies and local authorities to enable them to carry out their functions.

4. What to send with the form

4.1 The fee

This will depend on the fees charged in the British overseas territory concerned. You will be notified about the fee later.

4.2 Documents

Please send the evidence as outlined below.

If the child comes within section A, you should send evidence:

• that the child was born in a British overseas territory:

  • the child鈥檚 birth certificate

• that a parent has become a British overseas territories citizen or settled in a British overseas territory:

  • the naturalisation or registration certificate as evidence of British overseas territories citizenship

  • the passport, or the Police Registration Certificate, or a letter from the authorities showing that there is no time limit on the parent鈥檚 stay in the territory as evidence of parent鈥檚 settled status

• (if the parent concerned is the father) that the child鈥檚 parents were married:

  • the marriage certificate

If the child comes within section B, you should send evidence:

• of the child鈥檚 birth outside the British overseas territories:

  • the child鈥檚 birth certificate

• of the parent鈥檚 citizenship:

• any birth, marriage, naturalisation or registration certificates, passports or official letters which prove the citizenship of the parent concerned

• of the grandparent鈥檚 citizenship:

  • any birth, marriage, naturalisation or registration certificates, passports or official letters which prove the citizenship of the grandparent concerned

• of the parent鈥檚 residence in a British overseas territory for 3 years before the child鈥檚 birth (unless the child is stateless):

  • documents which cover the 3-year period. These can be made up of the following:

  • letters from employers during the qualifying period

  • letters from schools or other educational establishments which the parent attended during the qualifying period

  • a letter showing that the parent has paid tax during the qualifying period

  • any other documents which show that the parent lived in a British overseas territory during the qualifying period

• (if the parent concerned is the father) that the child鈥檚 parents were married:

  • the marriage certificate of child鈥檚 parents

• of statelessness (you only need to send this if the child is stateless and the parent does not meet the residence in a territory requirement):

  • Please send a letter from the authorities of the country in which the child was born stating that the child is not and never has been a citizen of that country

If the child comes within section C, you should send evidence:

• of the child鈥檚 birth outside the British overseas territories:

  • the child鈥檚 birth certificate

• of the parent鈥檚 citizenship:

• any birth, marriage, naturalisation or registration certificates, passports or official letters which prove the citizenship of the parent concerned

• of the child鈥檚, the mother鈥檚 and the father鈥檚 residence in one and the same British overseas territory during the 3 years immediately before the application:

  • the passport(s) which cover the 3 year period. If these do not show that the parent who is a British overseas territories citizen has been resident in the territory send as much as you can of the following:

  • letters from employers during the qualifying period

  • letters from schools or other educational establishments which the child attended during the qualifying period

  • letter showing that the parent has paid tax during the qualifying period

  • any other documents which show that the family has lived in the territory during the qualifying period

If only one parent has consented to the application, one of the following pieces of evidence:

• of the death of a parent (if this has occurred):

  • the death certificate

• of the divorce or legal separation of the parents (if either has occurred):

  • the divorce certificate or court order

• that custody of the child has been awarded to one parent (if this has occurred):

  • the court order

If the child comes within section D, you should send evidence:

• of the child鈥檚 birth and citizenship:

  • the child鈥檚 birth certificate and passport

• of the parents鈥� citizenship:

  • any birth, naturalisation or registration certificates or passports which show their citizenship.

• that the child has been resident in a British overseas territory (if this is so):

• the child鈥檚 passport. If you cannot send this, please explain why and send the following:

  • letters from schools or educational establishments any other document which shows the child鈥檚 residence.

• that custody of the child has been awarded to one parent or a guardian (if this has occurred):

  • the court order.

• that the child is adopted (if this is so):

  • the court order.

• of any other fact that may be relevant to the application e.g. if the child is married please send the marriage certificate.

4.3 Where to send the application form

If you are in a British overseas territory, you should ask the local authorities where you need to send your form, fee, and supporting documents.

If you are applying in England, Wales, Scotland or Northern Ireland, send the form with the fee and supporting documents to:

If you are in the Channel Islands or the Isle of Man, you should send them to the Lieutenant Governor.

If you are elsewhere, you should send them to the nearest British consulate, embassy or high commission.

4.4 What happens afterwards?

The application will be forwarded for consideration to the Governor of the British overseas territory with which the child or the parent(s) are or were connected. They will contact you directly about the final decision.

4.5 Certificate of registration

If the application is successful, a certificate of registration will be issued in the name of the child. But citizenship may be withdrawn if it has been obtained by fraud, false representation, or the concealment of any material fact.

Place and country of birth names shown on the certificate will be names in current acceptable use (and will be in English where English versions exist).

5. Citizenship-related queries

If, having read the information set out in this guidance, you have questions about applying for British overseas territories citizenship, you can email the Citizenship and Nationality Enquiries team at nationalityenquiries@homeoffice.gov.uk.

You should also contact them to let them know if your circumstances change after you have made an application.

If you have not had a response, we recommend checking your email鈥檚 spam or junk folder

before contacting UKVI again. Alternatively, you can write to:

If you require anything else, please contact UK Visas and Immigration for help.

Please quote any Home Office reference number from a previous application or correspondence.