New route offers children of those born on islands right to be British overseas territory citizens or British citizens. The Chagossians are the former residents of the British Indian Ocean Territory (BIOT) also known as the Chagos Islands, who were removed from the islands, predominantly to Mauritius, between the mid-1960s and early-1970s.
Descendants of people born in the Chagos Islands will have a new route to British nationality, the British government has announced.
Direct descendants of Chagossians who were born on the islands that now form part of the British Indian Ocean Territory, and who are not already British overseas territory citizens (BOTCs) or British citizens, will be able to apply for both forms of British nationality, the UK Home Office said.
The change comes in a proposed amendment to the nationality and borders bill that the government has accepted.
The international court of justice (ICJ) found Britain unlawfully separated the Chagos Islands from Mauritius before granting independence in 1968. The UK is defying United Nations votes and court judgments demanding the return of the islands, stressing that the ICJ ruling was only an “advisory opinion”.
Those Chagossians born on the islands and their children born outside British territory hold British nationality, subsequent generations born outside British territory currently have no entitlement to it. The Nationality and Borders Bill will create an entitlement for direct descendants of Chagossians who were born on the islands that now form part of the British Indian Ocean Territory, and who are not already British Overseas Territory citizens (BOTCs) or British citizens, to acquire both those forms of British nationality.
The Home Office will create an application process that will allow direct descendants, to apply to be registered as a BOTC and as a British citizen. Applicants will not be required to pay an application fee.
The application process will be time limited. All applications from adults must be made within 5 years of the process commencing
Those under the age of 18 years old and those born during the 5-year period for making applications will have until the age of 23 to decide if they wish to apply under this route
The provision gives nationality “otherwise than by descent”, meaning those who qualify to be registered under it would also be able to pass it on to their children born abroad – but no further – after the five-year window had passed.
The immigration minister, Kevin Foster, said: “The government has listened to the experiences and concerns of the Chagossian community and carefully considered their unique situation.
“We are pleased to be able to offer descendants of native-born Chagos Islanders a new route to British citizenship free of charge.”
The Home Office previously announced a £40m support package to Chagossians over a 10-year period, targeted at five areas: education, health, employment, social care and cultural conservation.
The Foreign, Commonwealth and Development Office minister Amanda Milling said: “This amendment is a hugely positive development for the Chagossian community in the UK, Mauritius and Seychelles, on which the FCDO has been fully engaged and supportive. “By opening the door to full British citizenship, we are addressing a central concern of Chagossians around citizenship and national identity. The UK will continue to work to address other needs through our Chagossian support package.”
