UK Government Agrees Chagos Nationality Law
March 21, 2022
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I am delighted that the government has moved an amendment in lieu dealing with nationality for the Chagossians when the Nationality and Borders Bill returns to the Commons tomorrow for consideration of Lords amendments.
Fragomen has been assisting with the amendment pro bono by drafting the law, summarising its effect to stakeholders including Parliamentarians, charities and journalists, and setting out the legal arguments.
The government confirmed their position on Friday afternoon following a meeting between the immigration minister Kevin Foster MP and Henry Smith MP. In short, the argument has been accepted: the Chagossians were involuntarily exiled living on from British territory, so their descendants ought to have access to the British nationality status they would have acquired automatically by birth on the islands had the exile not occurred. The new law will give Chagossian descendants a period of 5 years to register as British overseas territories citizens, free of charge. They may also then register as British citizens.
Adults alive on the date of commencement must apply to register within five years, or they will lose the opportunity. Children alive on the date of commencement, and those who are born within five years of the date of commencement, must apply to register before their 23rd birthday.
Some points to note are that applicants will need to provide proof (i.e. birth certificates) that they are descended from an ancestor born on the islands. It does not matter whether the births were within marriage. Although the registration will be free of charge, applicants will probably need to pay the ceremony fee which is £80, and to give an oath or affirmation of allegiance. They will have to pay for a British passport if they want one (£75.50 for an adult, £49 for a child). Chagossians who are British citizens will need to meet the same financial requirements as other British citizens in order to sponsor their (non-British) family members to join them in the UK.
This outcome is the work of many hands, but thanks are due to Henry Smith MP for campaigning on this issue, and to him and Baroness Lister for championing this issue in Parliament during the passage of the Bill.
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