Citizenship & Residence Information
Who Qualifies as a BOTC of Montserrat; Naturalisation Information & Procedure; Permanent Residence Guide; Economic Residence.
1. Who Qualifies As a BOTC (of Montserrat)
(A) The following categories of persons born prior to 1/1/83 automatically acquired BOTC on 1/1/83.
· Persons born, naturalised or registered in Montserrat.
· Persons born to a parent who at the time of birth was:
a citizen of the United Kingdom and Colonies (CUKC) and either:
*acquired that status by birth, naturalisation, or registration in Montserrat
* was born to a parent who, at the time of the birth was a CUKC by birth, naturalisation or registration in Montserrat
· A woman who was immediately prior to 1/1/83, a CUKC and was the wife of a man who was a BOTC of Montserrat.
* The first prerequisite is that the person was a CUKC on 31/12/82. A person acquired citizenship of CUKC before 1/1/83 through birth (legitimate or otherwise) or through legitimate descent from a father so born.
(B) The following categories of persons born on or after 1/1/83 automatically acquire BOTC:
1. A Person born in Montserrat if at the time of birth:
· either parent was a BOTC of Montserrat.
· Either parent was settled in Montserrat.
2. Persons born outside of Montserrat to a parent who is a BOTC of Montserrat
otherwise than by descent.
Meanings of Terms
Parent (for the purpose of nationality and eligibility):
The mother of a legitimate or illegitimate child born after 1st January
(a) ONLY to the father of a legitimate child, where the child is born before 1st July 2006;
(b) BOTH to the father of a legitimate child and the father of an illegitimate child, where the child is born on or after 1st July 2006
Settled – Not subject under the immigration laws of Montserrat to any restriction on the period for which he/she may remain on Montserrat or a person issued with a Permit of Permanent Residence Card.
Otherwise than by descent by birth, naturalisation, registration or adoption.
BOTC British Overseas Territories Citizen
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2. Naturalisation Information & Procedure
Prior to 11th August 2010, if a person married a BOTC of Montserrat, they would have automatically become a Belonger of Montserrat under the Immigration Act (Cap.13.01) and would not be subject to immigration control as of the date of the marriage. These persons can apply for Naturalisation on the basis of marriage to a BOTC.
However, the Immigration Act was amended by Act 14 of 2010 and the position has now changed.
If a person marries a BOTC of Montserrat on or after 11th August 2010, they do not automatically become a Belonger of Montserrat. That person would only become a Belonger if they apply for Belonger Status. The application could only be made 12 months after the date of marriage and have at least 3 years of residence in Montserrat.
Persons receiving a Permit of Permanent Residence Card or Belonger Status Card would need to wait at least a year after the date on the Card in order to apply for Naturalisation.
Persons who received Certificate of Naturalisation or Certificate of Registration as a BOTC after 21st May 2002 do not have automatic British Citizenship and therefore cannot apply for a British Citizenship Passport. They would need to apply for Registration as a British Citizen first, before they can apply for a British Citizenship Passport.
3. Apply for a Permit of Permanent Residence
Individuals interested in applying for a Permit of Permanent Residence in accordance with the Immigration (Permanent Residence Permits) Regulations 2005, should read the Guidance Notes For Applicants. The Guidance Notes can be read in the Permanent Residence leaflet available here
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4. Apply for a Permit of Economic Residence
Permits of Economic Residence are guided by the Immigration (Economic Residence Permit) Regulations – Section 39, which can be read here – Statutory Rules Order No. 8 of 1998 iro Economic Residence (002)
Individuals interested in the Permit of Economic Residence should read the Guidance Notes, available here – Economic Residence Guidance Notes
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