Rules and Rights of UK Citizens in British Overseas Territories

The British Overseas Territories (BOTs) are unique places around the globe, but they are also connected to the UK. These territories are home to some of our most famous destinations: Bermuda, Gibraltar, the Cayman Islands, and the Falkland Islands. Each territory has its own local government with its own laws, but they remain the responsibility of the UK under its sovereignty. 

For UK citizens (or subjects), the question comes, ‘Can they live, work, or settle in these territories?’ This is an important question, but the rules are not the same everywhere, and knowing the rules helps avoid confusion. We will attempt to set out the rules and rights of UK citizens in British Overseas Territories simply in this article. 

Can someone in the UK move to British Overseas Territories?

Yes, in general terms you could say that in most BOTs, UK citizenship allows citizens to move to BOTs. This automatic right is not always the case. Each territory has control of its respective immigration and residence laws. This means that the UK government has responsibility for defense in relation to issues of foreign affairs, UK citizens arrive at a local rather than a UK one, and the local authority decides to allow you to work and allow you to stay permanently.

Some BOTs will allow UK citizens to enter freely and, in some cases, provide rights to work, whereas others always require work permits or visas or some kind of executive approval or immigration status.

What are the British Overseas Territories?

The British Overseas Territories consist of 14 territories located across the globe. While they are not part of the UK, they are British territories under UK sovereignty. Some examples of British Overseas Territories: 

1. Bermuda
2. Gibraltar
3. Cayman Islands
4. British Virgin Islands
5. Falkland Islands
6. Turks and Caicos Islands
7. Montserrat 
8. Saint Helena, Ascension, and Tristan da Cunha. 

Each of the territories has a unique culture, lifestyle, and legal framework. For many UK citizens, the allure is in the warmer climate, tax benefits, and an easy lifestyle.

Do UK Citizens Have Automatic Rights in BOTs?

Many believe UK citizens enjoy the same rights in British Overseas Territories as they would in the UK. This is not entirely true. Each BOA has its own immigration laws. In most cases, UK citizens do not have automatic rights to live or work in British Overseas Territories on a permanent basis. For example:

1. In Gibraltar, citizens of the UK can live and work freely because of their close territorial ties to each other.
2. In Bermuda and the Cayman Islands, each British citizen needs a work permit or special permission to claim to live permanently in one of those territories. 
3. In the Falkland Islands, UK citizens of the territory are limited in number and deemed easier to settle into, but the rules still apply.

Rights of UK Citizens When Visiting

As a citizen of the United Kingdom, there are usually no visa arrangements to be made for short visits to most of the British Overseas Territories. Stays of 30, or even up to 90 days, are common. If you are looking to plan an extended trip or wish to seek employment, you will need to use local immigration procedures. Specific visitor rights are often

1. Enter visiting without a visa for holidays.
2. Limited to a short-term visit (generally between 1 and 3 months)
3. Possibly allowed to apply for additional time
4. It is best to check the visitor rules of the territory you are visiting before you travel.

Residency Rules for UK citizens

If a UK citizen wants to reside in a British Overseas Territory in the long term, they will have to apply for residency in that territory. The residency requirements will vary depending on the territory but can include:

1. Provisions – Employment, job offer
2. Property Ownership
3. Long-term investment in their economy
4. Marriage and family ties with local nationals

Residency rights are likely to be very restricted in areas with smaller residential populations, as local governments are often looking to protect local jobs and housing for their citizens.

Work Rights and Permits

Working in the British Overseas Territories as a UK citizen is not automatic. Generally, you will require a work permit from the government or sponsorship from your employer. For example:

1. In the Cayman Islands, if you want to work, you must have a work permit.
2. In Bermuda, if an employer wants to recruit someone from abroad, they must demonstrate they could not find a local person, including UK citizens.
3. In Turks and Caicos, if a company can hire locals, they must, and they will issue you a work permit.

Despite the fact that UK citizens are generally easier to recruit than other nationalities, it is clear that UK citizens still have to follow immigration rules.

Rights to own property

Each territory has its own rules about property ownership. Some territories allow property ownership by UK citizens freely; other territories place restrictions on ownership.

1. Gibraltar and the Falkland Islands are relatively open for purchasing properties.
2. Bermuda and the Cayman Islands restrict ownership for non-residents and, depending on who the owner is, restrict ownership of property by UK citizens.
3. Some territories require special government permission to purchase ownership.

Property ownership does not guarantee that one has the right to reside in that territory, nor can property ownership mean you can be granted residency, but it can certainly support an application for residency.

Citizenship and Belongership

One factor for the British Overseas Territories that is often not well understood is the concept of belongership. If a person has belongership, then they have been acknowledged as a permanent member of a territory’s community. Note that not all UK citizens automatically gain belongership. In many regions, only individuals born there or with family ties are considered “belongers.”

United Kingdom citizens may live and work there if permitted, but without ‘belongership,’ certain rights such as land ownership or voting rights could be restricted. This clearly shows the difference between the right of UK citizenship and being a full local right holder in a BOT.

Social Services and Healthcare

Access to healthcare and social services will depend on the territory. Some provide public healthcare for residents, while others rely significantly on private health insurance policies. Specifically in the case of people from the UK moving to a BOT, they have to pay for private health cover.

Big-ticket social services, such as unemployment or housing benefits, may not be extended to anyone newly arrived.

There will be proof of income (or support) required for students and retirees. Planning ahead for both healthcare and finances is a necessity before you move.  

Taxation and Financial Benefits

Some British Overseas Territories are commercial centers, offering tax regimes that are attractive. The Cayman Islands or Bermuda, for example, have no income tax; this does not allow UK citizens to freely migrate there to take advantage of the benefits.

UK citizens will still be bound by the residency and work conditions of a BOT. Without them, a person from the UK cannot remain legally for long enough to take advantage of the tax.