History of Nationality in Gibraltar - Circumvention of The Tenet of Jus Soli

Circumvention of The Tenet of Jus Soli

Birth of children from alien parentage became a problem nearing the end of the 19th century in controlling population. Gibraltar held the tenet of British law, Jus soli, making children of aliens born in Gibraltar British by birth, and therefore they became an irremovable liability to the colony. Residents with temporary work permits could have children in Gibraltar and upset the system of exclusion. Therefore, the British administration devised unique methods to circumvent the tenet of Jus Soli.

One way that Jus Soli of children of aliens was restricted occurred in marriage laws. Marriages in Gibraltar required approval from the Governor, who could refuse permits of marriage to alien men unless they consented to leave Gibraltar within 3 months of the date of their marriage. However, this principle was irregularly and ineffectually enforced. It also caused the reactions from the Catholic Vicar in 1837, who claimed having to receive approval from the governor for marriage was "an infringement on the free exercise of Catholic religion".

In the 1830s a further principle was introduced to limit access to citizenship. Women who were married to aliens were ordered to leave Gibraltar for their accouchements.

In 1850 any alien with a temporary permit who acted in a manner "inconsistent with temporary residence" could be refused a permit or have it withdrawn. Actions inconsistent included childbirth and marriage. However, this, like other immigration laws, was not consistently enforced. Bribery and coercion was commonly used to get around the laws, and in some cases the governor could be persuaded to make exceptions by the "dictation of the Vicar Apostolitic, the Governor of Algeciras, and one of two foreign consuls".

It is notable however, that the 1878 census notes that aliens were permitted into Gibraltar on 1st and 2nd class permits and with fishermen's badges. There was a Genoese population of fishermen who came to Gibraltar since 1840 for the fishing season and would build temporary shelters or live in caves, and by the 1878 census, they had established a permanent village at Catalan Bay.