Moved by
Baroness Lister of Burtersett
1: After Clause 4, insert the following new Clause—
“Provision for Chagos Islanders to acquire British nationality
(1) Part 2 of the British Nationality Act 1981 (British overseas territories citizenship) is amended as follows.
(2) After section 17H (as inserted by section 7), insert—
“17I Acquisition by registration: descendants of those born in British Indian Ocean Territory
(1) A person is entitled to be registered as a British overseas territories citizen on an application made under this section if they are a direct descendant of a person (“P”) who was a citizen of the United Kingdom and Colonies by virtue of P’s birth in the British Indian Ocean Territory or, prior to 8 November 1965, in those islands designated as the British Indian Ocean Territory on that date.
(2) An application under this section must be made before the date specified in subsection (3).
(3) The specified date means—
(a) in the case of a person aged 18 years or over on the date of coming into force of this section, five years after the date of coming into force of this section, or
(b) in the case of a person under the age of 18 years on the date of coming into force of this section or born within 4 years of that date, before they reach the age of 23 years.
(4) A person who is being registered as a British overseas territories citizen under this section is also entitled to be registered as a British citizen.
(5) No charge or fee may be imposed for registration under this section.””
Member’s explanatory statement
This amendment would allow anyone who is descended from a person born before 1983 on the British Indian Ocean Territory to register as a British overseas territories citizen. They may also register as a British citizen at the same time. Both applications would be free of charge. The application must be submitted within 5 years, or in the case of a minor born before the date of coming into force or born within 4 years of that date, before they reach 23 years old.