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British Overseas Territories Act 2002

Section 6: The Ilois: Citizenship

26.Section 6 confers British citizenship and/or British overseas territories citizenship, with effect from commencement of this section, on persons connected by descent with the British Indian Ocean Territory who fulfil certain conditions.  The commencement date is to be appointed by the Secretary of State by order made by statutory instrument: see section 8(2).

27.The conditions which must be fulfilled for conferral of British citizenship are set out in subsection (1).

They are that the person -


was born on or after 26 April 1969 and before 1 January 1983, and


was born to a woman who at the time was a citizen of the United Kingdom and Colonies by virtue of her birth in the British Indian Ocean Territory, and


immediately before commencement was neither a British citizen nor a


Subsection (2) provides that a person who becomes a British citizen under subsection (1) is a British citizen by descent for the purposes of the 1981 Act.

28.The conditions which must be fulfilled for conferral of British overseas territories citizenship are set out in subsection (3).

The first two are the same as for conferral of British citizenship under subsection (1):  see paragraph 27(a) and (b) above.  The third is that the person was not a BOTC immediately before commencement.

Subsection (4) deems a BOTC by virtue of subsection (3) a BOTC by descent for the purposes of the 1981 Act.

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