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BOTC to British Citizen
Posted: Mon Dec 24, 2018 4:37 pm
by euuklaw
Dear All,
I need advice from a expert in this area.
In 2016 Turks and Caicos government can grant some-person who invest in island more than 1 million us dollars permanent residence card in island. After 12 months the person can apply for BOTC. My question is : can this person register as British Citizen after BOTC granted without living in the Island for 5 years?
Look forward to hearing from specialist.
Thanks
Victor
Re: BOTC to British Citizen
Posted: Tue Dec 25, 2018 11:13 am
by secret.simon
Bad form to ask for an expert on a public forum. The point of a forum is that anybody and everybody can participate, however well-informed or not they may be (just like a referendum in fact).
The requirements for a BOTC to register as a British citizen (at discretion;
Section 4A of the British Nationality Act 1981) are laid out in the
Nationality Guidance on Registration as British citizen:other British nationals; Page 20 onwards.
There do not appear to be any residency requirements for the registration as a British citizen, though again, the registration is at discretion and is not an entitlement/right.
Doing some further research and it seems that in order for you to naturalise as a BOTC in the Turk and Caicos islands, you still need to meet the same requirements as that of ordinary naturalisation as a British citizen. You need to have at least five years residence on those islands, with at least one year of permanent residence and be physically present on those islands at the start of the five year period.
BOTC - Government of the Turk and Caicos Islands wrote:
RESIDENTIAL QUALIFYING PERIOD
You MUST have been physically present in the Turks and Caicos Islands 5 years before the application date (3 years if married to a British Overseas Territories Citizen). The application date is the date on which your application for naturalisation is received by the Ministry of Home Affairs. For example if your application is received on 20/08/2007 you should have been physically present in the Turks and Caicos from 21/08/2002 (or 21/08/2004 if married to a British Overseas Territories Citizen). The Period between this date and the application date is called the residential qualifying period.
The physical presence on the islands (or in the UK) is a mandatory requirement that there is no discretion to disregard.
Also see
Section 18 of the British Nationality Act 1981, which makes naturalisation as a BOTC subject to the same conditions/Schedule as naturalisation as a British citizen.