Human Rights in The British Virgin Islands - Belonger Status and Human Rights

Belonger Status and Human Rights

A citizen of the BVI is known as a BOTC, or British Overseas Territories citizen. Since the passing of the British Overseas Territories Act, 2002 citizens of the BVI are also British citizens with a right to hold British passports and to work in the United Kingdom and wider European Union.

In addition to citizenship, however, there is a separate concept in the BVI that goes by the name of “belonger.” The definition of "belonger" status is complex, and is set out in article 2(2) of the Constitution, which provides:

For the purposes of this Constitution, a person belongs to the Virgin Islands if that person—

(a) is born in the Virgin Islands and at the time of the birth his or her father or mother is or was—

(i) a British overseas territories citizen (or a British Dependent Territories citizen) by virtue of birth, registration or naturalisation in the Virgin Islands or by virtue of descent from a father or mother who was born in the Virgin Islands; or

(ii) settled in the Virgin Islands; and for this purpose “settled” means ordinarily resident in the Virgin Islands without being subject under the law in force in the Virgin Islands to any restriction on the period for which he or she may remain, but does not include persons on contract with the Government of the Virgin Islands or any statutory body or Crown corporation;

(b) is born in the Virgin Islands of a father or mother who belongs to the Virgin Islands by birth or descent or who, if deceased, would, if alive, so belong to the Virgin Islands;

(c) is a child adopted in the Virgin Islands by a person who belongs to the Virgin Islands by birth or descent;

(d) is born outside the Virgin Islands of a father or mother who is a British overseas territories citizen by virtue of birth in the Virgin Islands or descent from a father or mother who was born in the Virgin Islands or who belongs to the Virgin Islands by virtue of birth in the Virgin Islands or descent from a father or mother who was born in the Virgin Islands;

(e) is a British overseas territories citizen by virtue of registration in the Virgin Islands;

(f) is a person to whom a certificate has been granted under section 16 of the Immigration and Passport Act 1977 of the Virgin Islands (in this subsection referred to as “the Act”, and references to the Act or to any section thereof include references to any enactment amending, replacing or re-enacting the same) and has not been revoked under section 17 of the Act; and (without prejudice to the right of any person to apply for the grant of such a certificate under the Act) a British overseas territories citizen by virtue of naturalisation in the Virgin Islands has a right by virtue of this Constitution to apply for the grant of such a certificate;

(g) is the spouse of a person who belongs to the Virgin Islands and has been granted a certificate under section 16 of the Act; or

(h) was immediately before the commencement of this Constitution deemed to belong to the Virgin Islands by virtue of the Virgin Islands (Constitution) Order 1976(a).

A "non-belonger" simply means any person who is not a belonger.

It is also possible for non-belongers and non-BOTCs to obtain a lesser status known as "residency". This exempts the holder of residency status from the requirement to obtain a work permit in relation to employment and from the requirement to obtain a land-holding licence if they wish to purchase property. However having residency status does not entitle a person to vote or to hold a British Virgin Islands passport.