In the middle part of the last century West Indians and others migrated to Britian in large numbers, in search of work and a better life. This was the origin of the large Anguillian population which exists today in Slough and other areas of the UK. Many people of Asian origin and particularly Indians joined in this exodus and the newcomers quickly became a vital part of the British workforce. However, concerns soon began to surface in Britain about what was seen as the “easy access” to establishing residence there and the perceived strain placed on the British economy.

In 1971 the Immigration Act was passed in the United Kingdom as part of an attempt to stem the tide of new immigrants. Generally, the result was that persons from the British colonies, including Anguilla, no longer had an automatic right of abode in the U.K., but were subject to immigration control. In 1981 this was taken a step further with the enactment of the British Nationality Act (the “BNA”). Up to this point persons in the British Colonies had the status of “British Subject: Citizen of the Untied Kingdom and Colonies”. The BNA did away with this and created four different categories of citizenship which applied to persons in Britain and the colonies. These were (a) British Citizenship, applying generally to persons born in the U.K or naturalized there; (b) British Dependent Territories Citizenship, applying generally to persons born in the so-called Territories, or naturalized there; (c) British Overseas Citizenship; and (d) British Subject. Here we are only concerned with (b).

At the time that the BNA came into force, most persons who were Citizens of the United Kingdom and Colonies by virtue of their connection with Anguilla automatically became British Dependent Territories (“BDT”) Citizens. This was because they were born, naturalized or registered in Anguilla, or were entitled to citizenship through their parents. After the BNA came into effect, it was possible for a person to become a BDT Citizen in four main ways:

By birth in Anguilla, if at the time of birth his mother or father was a BDT Citizen or were settled in Anguilla. “Settled” means that the person is entitled to reside in Anguilla without being subject to immigration control. Citizenship can also be obtained where the person is a minor and is adopted by a BDT Citizen.

By descent. This generally applies to persons who are born outside of Anguilla, but are entitled to obtain citizenship through their mother or father who is a BDT Citizen. A person can obtain citizenship by descent through either his mother or father if they are married. However, if his parents are unmarried he can obtain citizenship by descent only through his mother.

By registration. Any minor, whether or not born in Anguilla, can apply to be registered as a BDT Citizen if he or she meets the requirements in the BNA. Generally, it must be shown that the child has resided in Anguilla without any significant absences, and that he or she otherwise has a very substantial connection to Anguilla.
By naturalization. An adult person who satisfies the requirements laid down in the BNA may apply to be naturalized as a BDT Citizen. A person who is married to a BDT Citizen may also apply to be naturalized, provided he meets the necessary requirements. Generally, a person must be of good character, must have been resident in Anguilla for at least five years without being absent for more than 450 days during that time; was not in breach of immigration laws; and must have been free from immigration control for at least 12 months.

There are other special cases where a person may be registered as a BDT Citizen. One interesting example is where person is considered to be “stateless”. This is where he does not appear to be entitled to citizenship of any country. Under certain circumstances he may be able to apply for BDT Citizenship.

The BNA is extremely detailed and I have only been able to scratch the surface in this article. During my time as a Crown Counsel at the Attorney General Chambers I dealt with naturalization and registration applications and my experience was that every single application had to be dealt with on its own facts and its own merits. Prospective applicant should therefore either contact the Attorney General Chambers or a lawyer for guidance.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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