BOTC by Descent

A child born outside the British overseas territories on or after 1 January 1983 automatically acquires BOTC by descent under BNA 1981 s.16(1)(a) where, at the time of the birth, the father or mother is a BOTC "otherwise than by descent" (e.g. a BOTC by birth, adoption or registration in a qualifying territory under s.15). A BOTC "by descent" generally cannot transmit BOTC to a child born abroad: this is the one-generation cut-off mirroring s.2 for BC. The only automatic-acquisition exception is s.16(1)(b): a BOTC parent (of either descent class) serving outside the territories in qualifying Crown service of a BOT government, or designated service, recruited in a British overseas territory. Beyond automatic acquisition, a minor born abroad to a BOTC-by-descent parent may have a registration entitlement under s.17 (separate section).

Automatic s.16(1)(a) acquisition has a single core requirement: at the time of birth, a parent is a BOTC otherwise than by descent; there is no residence or registration step (acquisition is by operation of law). The s.16(1)(b) Crown/designated-service route requires that the BOTC parent be serving outside the territories in (a) Crown service under a BOT government or (b) service designated by statutory instrument under s.16(3), with recruitment having taken place in a British overseas territory (s.16(2)). Designation orders under s.16(3) are subject to negative-resolution annulment (s.16(4)). "By descent" vs "otherwise than by descent" status is fixed by BNA 1981 s.25 (the BOTC analogue of s.14 for BC) — the parent's classification at the time of the child's birth is determinative.

s.16(1)(a) BOTC by descent vests automatically at birth by operation of law; no application is made and the Home Office issues no grant — status is evidenced, where needed, by a BOTC passport (His Majesty's Passport Office) or a status confirmation. Where a child does not acquire automatically (e.g. parent is a BOTC by descent) but qualifies for the s.17 minor-registration entitlement or s.17(1) discretion, a registration application is decided by the Secretary of State for the Home Department through UK Visas and Immigration. s.17(1) is discretionary ("may, if he thinks fit"); s.17(2)/(3) and s.17(5)/(6) are entitlements. A successful s.17 registrant takes the citizenship oath/affirmation (where 18) under BNA 1981 s.42 / Sch.5. Registration entitlement is subject to the s.41A good-character requirement for applicants aged 10 or over.

GB-DSC-05 (British Overseas Territories citizenship by descent) is governed by British Nationality Act 1981 (c. 61) s.16 ("Acquisition by descent"), the BOTC analogue of s.2 for British citizens. s.16(1)(a): a person born outside the British overseas territories after commencement (1 Jan 1983, SI 1982/933 art.2) is a BOTC if at birth a parent is a BOTC "otherwise than by descent". s.16(1)(b)+(2)+(3) carve out a Crown/designated-service exception. The associated minor-registration extension is s.17 (the BOTC analogue of s.3). The "British Dependent Territories citizen"/"dependent territory" wording in ss.15-17 was substituted by "British overseas territories citizen"/"British overseas territory" (26 Feb 2002) by British Overseas Territories Act 2002 (c. 8), ss.1(1)(b), 2(2)(b).