BDTC is one of three categories of citizenship created by the British Nationality Act 1981, the other two being British citizenship and British Overseas citizenship.  BDTC is a composite citizenship conferred upon citizens of a number of countries with which the United Kingdom has maintained a close relationship.  Under the BNA 1948, which recognised the common law principle that birth within the territories of the Crown conferred citizenship of the United Kingdom and Colonies.  However immigration restrictions were imposed to reduce the flow of migrants from the Colonies to the UK.  The usual rights of citizenship enjoyed by most other countries, i.e. right of abode and the right to work without restrictions became a matter of immigration control.

The BNA 1981 made a large number of changes in nationality law, the most fundamental being that no longer will birth in the United Kingdom automatically entitle the person concerned to British citizenship; nor will birth in a dependent territory automatically entitle the person concerned to British Dependent Territory citizenship

HOW IS BDTC ACQUIRED?

1.       By birth or adoption

2.       By descent

3.       By registration

4.       By naturalisation

Registration is a method by which certain persons can, either by right or at the Governor’s discretion, acquire British Dependent Territories citizenship.

Naturalisation is the acquisition of BDTC by means of a certificate of naturalisation.  This is granted by the Governor to an applicant who has satisfied statutory requirements as to residence an other matters and taken an oath of allegiance. Some of the prescribed requirements are mandatory, some may be relaxed in the discretion of the Governor. Even when the conditions are satisfied, however, naturalisation is discretionary.  The requirements are different in some respects for an applicant who is married to a BDTC or one who is serving outside the relevant territory in Crown service under the government of that territory or married to a BDTC in such service.

WHAT ENTITLES ONE TO BE REGISTERED AS A BDTC? 

1.      Birth in a dependent territory (s.15(3) & (4))

A person born in a dependent territory on or after 1 January 1983 who does not become a BDTC by birth is entitled to be registered as a BDTC if (1) an application is made while he is a minor on the ground that his father or mother has become a BDTC or settled in a dependent territory or (2) an application is made at any time after he attains the age of ten (10) years on the ground that during each of the first ten years of his life he has not been absent from the dependent territory in which he was born for more then 90 days.

1. The Governor may, as he thinks fit, grant any application for registration of a minor as

a BDTC.  This discretion must be exercised without regard to the race, colour or religion of any person affected by it; but no reason for the decision is required, and it is not subject to appeal or review in any court, [provided it complies with the Wednesbury principles]. (s.44 (1)).

2.  A person born outside the dependent territories is entitled, on an application made within twelve (12) months of his birth if (i) one of his parents was a BDTC by descent at the time of the birth and (ii) the father or mother of that parent was (a) a BDTC otherwise than by decent at the time of the birth of that parent, or (b) become a BDTC otherwise than by descent on 1 January, 1983 or would have done so but for his or her death, and (save that in the case of a person born stateless) (c) that parent had been in the dependent territory at the beginning of any three year period ending not later than the date of the birth and had not been absent for more than 270 days during that period.

3.  A person born outside the dependent territory is entitled, on an application made while he is a minor, to be registered as a BDTC if (i) at the time of his birth his father or mother was a BDTC by descent and (ii) that person and his father and mother were in one and the same dependent territory (no matter which) three years before the date of the application and none of them has been absent for more than 270 days since and (iii) has father and mother consent to the registration in the prescribed manner (British Nationality (Dependent Territories) Regulation 1982, SI 1982/987, reg 15).