SFE Assessing Eligibility Guidance 2013/14 - Practitioners - Student ...

2013/14 HE Student Finance
Assessing Eligibility Guidance
British Overseas Territories
children
• The father (but only if he was married to the mother). NB. If the
parents were not married when the child was born, but then get
married, the marriage might legitimise the child‟s birth. If it does,
the child would become a British citizen (and would be regarded as
having been one from birth) if the father was a British citizen (or
settled) when the child was born. Children of a void marriage may
also, in some circumstances, be treated as legitimate.
Children born on or after 1 July 2006
• The mother (i.e. the woman who gives birth to the child)
• The father if:
1. he is married to the mother at the time of the birth: or
2. he is treated as the father under section 28 of the Human
Fertilisation and Embryology Act 1990: or
3. (if neither (1) nor (2) apply) he can satisfy certain requirements
as regards proof of paternity – i.e. he is named as the father on a
birth certificate issued within 1 year of the child‟s birth or he can
satisfy the Home Secretary that he is the father of the child (by
means of DNA test results, court orders or other relevant
evidence).
64. The British Overseas Territories Act 2002 made the previously
known “dependent” territories as British Overseas Territories. A
further change took place on 21 May 2002. If a person was a British
Overseas Territories citizen (except by virtue of a connection only
with the Sovereign Base Areas of Akrotiri and Dhekelia), immediately
before 21 May 2002, they automatically became a British citizen on
that date. They may also be a British citizen if they were born on or
after 21 May 2002 in a British Overseas Territory or born outside a
British Overseas Territory to a parent who is a British citizen.
The list of overseas territories is:
• Anguilla,
Bermuda,
British Antarctic Territory,
British Indian Ocean Territory,
British Virgin Islands,
Cayman Islands,
Falkland Islands,
Gibraltar,
Montserrat,
Pitcairn, Henderson, Ducie and Oeno Islands,
St. Helena and Dependencies,
South Georgia and the South Sandwich Islands,
Turks and Caicos Islands Islands,
The Sovereign Base Areas of Akrotiri and Dhekelia (British
citizenship cannot be obtained by virtue of a connection only with
these bases).
• Therefore, any British overseas territories citizen (BOTC)
entering the UK from the above countries (provided they have
not renounced or acquired their BOTC status by naturalisation
as a British Overseas Territory Citizen in an overseas territory
after 21 May 2002) will be doing so as a British Citizen and will
not be subject to immigration control. They also have the same
rights as any other EEA national.
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