May 17, 2012

Residency/Citizenship


Flag of the British Virgin Islands

In December, 2004, the government outlined the details of a new immigration policy framework in a bid to clarify the rules surrounding applications for residence and ‘belonger’ status. Chief Minister Orlando Smith explained that the Board of Immigration would make recommendations in 2005 concerning those who applied for residence status before January 1st 2003 and had lived in the territory continuously for the last twenty years. In June, 2005, 92 of these individuals received residence and belonger certificates.

Approvals for those applying for residency status after January 1st 2003 are limited to no more than 25 persons per year. The government also stressed that in all cases, individuals cannot be away from the BVI for more than 90 days in any calendar year if they want to qualify for residency status.

Smith acknowledged that controlling immigration in the territory represented a “very serious challenge” for the government, and explained that a balance must be struck between welcoming outsiders and protecting the privileges afforded to BVI citizens.

In March 2008, Premier and Minister of Finance Ralph O’Neal announced in his budget speech that comprehensive immigration reform would be a priority in 2008.

“We will amend existing legislation to implement additional control measures. Current legislation will be reviewed to ensure compliance with international laws, human rights and other conventions. As we embark on the reform process, we will ensure citizen participation by conducting regular consultations with representatives of the community, advocacy groups and other private sector organisations,” he revealed.

As part of this process, has begun preparations to streamline immigration procedures by creating a “one-stop process” for obtaining entry permits and work permits.

For further information, the Immigration Department can be contacted at:

341 Waterfront Drive,
Ashley Ritter Building,
Road Town,
Tortola,
BVI
Tel: 1-284-494-4399

 

The Ring of Kerry

The law covering naturalisation and registration is contained in the British Nationality Act 1981 and the regulations made under it.

Naturalisation as a British Overseas Territories Citizen (BOTC)
Applications for BOTC status from the British Virgin Islands are processed by the Civil Registry and Passport Office. The application forms are available from the Passport Office and include detailed guidance on how to fill them in. An appointment is required with the Head of the Passport Office to submit your application.

 

 

Civil Registry & Passport Office
Central Administration Complex
Road Town
Tortola
+1 (284) 494-3702 ext. 2128

 

Registration of a Minor as a British Overseas Territories Citizen (BOTC)

A child who does not have an automatic entitlement may be registered as a British Overseas Territories Citizen at the discretion of the Governor provided an application is received before the child’s 18th birthday. It is not possible to set out all the circumstances in which he would normally agree to registration but consideration is given to:

· whether the child is of good character;
· the child’s connections with the territory;
· where the child’s future is likely to lie;
· the views of the parents;
· the nationality and immigration status of the parents;
· the length of time the child has lived in the territory.

The status of illegitimate children born before 1 July 2006 will depend on the status of the mother. If the father of an illegitimate child is a British Overseas Territories Citizen, and there is evidence of paternity – for example, the father’s name appears on the child’s birth certificate- it may be possible to register the child as a British Overseas Territories Citizen. A child who was illegitimate at birth may, in some circumstances, have been legitimated by the subsequent marriage of his or her parents. Also, the child of a void marriage may, in some circumstances, be treated as legitimate.

Applications for registration from the British Virgin Islands are processed by the Civil Registry and Passport Office as above.

 

Waiting Times

To help us provide the best possible service and reduce backlogs as quickly as possible, please do not contact the Governor’s Office to check the progress of your application within the average processing times below.

The Hills and Coast of The British Virgin Islands

The turnaround time, for straightforward applications requiring no additional information (documents or other) should be no more than three months. This turnaround time should be measured from the date the applicant first seeks an interview to the date when he/she is told of the decision taken.

Some applications take longer than others for a variety of reasons. For example, we may find it difficult to check certain types of overseas marriage contracts or documentation is missing from the file.

If your application has taken longer than three months to process, you may wish to make further enquiries.

 

Via Low Tax

HM Government Office