Gibraltar Passport: Eligibility, Rights, and Citizenship Status
The Gibraltar passport is a specialized travel document issued by the British government to individuals who hold British Overseas Territories citizenship (BOTC) and maintain a close connection to Gibraltar. While it serves as a primary identification document, its legal implications regarding residency and international travel vary depending on the holder's specific citizenship status.
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How Gibraltar Passports are Issued
These passports are issued by the HM Passport Office through the Gibraltar Civil Status and Registration Office (CRSO). Since 2005, all passports issued in Gibraltar have been biometric, meaning they contain electronically readable chips to enhance security and verify the holder's identity.
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The Evolution of Citizenship and Rights
The British Nationality Act 1981
Under the British Nationality Act 1981, Gibraltarians were designated as British Overseas Territories citizens by default. Until 2002, individuals could apply for registration as a British citizen under section 5 of the Act, an entitlement that could not be refused. Although they were not automatically British citizens before 2002 and lacked an automatic right of abode (the legal right to live and work permanently) in the United Kingdom, they enjoyed the right to live and work in the European Economic Area (EEA), including the UK, starting in 1973. This was due to Gibraltar's accession to the European Community as a territory of the United Kingdom.
The British Overseas Territories Act 2002
A significant shift occurred on May 21, 2002, with the British Overseas Territories Act 2002. This legislation granted British citizenship to all BOTCs. Consequently, a Gibraltarian can now choose to apply for either a passport that identifies them as a British citizen or one that identifies them as a BOTC. It is important to note that these two passport types are subject to different visa requirements when traveling internationally.
European Union Status and the Schengen Area
Until January 31, 2020, those who held BOTC passports were classified as "UK nationals for EU purposes," granting them full European Union citizenship and its associated rights. Following the United Kingdom's withdrawal from the EU, Gibraltar ceased to be part of the Union, and Gibraltarian BOTCs lost their EU citizenship. These rights were maintained only through a transition period that ended on December 31, 2020.
On December 31, 2020, the governments of the United Kingdom and Spain announced a draft agreement aimed at integrating Gibraltar into the Schengen area, the zone of European countries that have abolished internal border controls.
Key Facts
- Issuing Authority: HM Passport Office via the Gibraltar Civil Status and Registration Office.
- Eligibility: British Overseas Territories citizens with a close connection to Gibraltar.
- Technology: Biometric passports have been standard since 2005.
- Citizenship Options: Eligible individuals can hold either a British citizen passport or a BOTC passport.
- EU Status: EU citizenship ended on December 31, 2020, following the UK's withdrawal.
- Future Design: New passports are expected to be blue, similar to UK passports, though the timeline is unconfirmed.
| Feature | BOTC Passport | British Citizen Passport |
|---|---|---|
| Eligibility | BOTC connected to Gibraltar | Eligible Gibraltarians (post-2002) |
| Visa Requirements | Specific to BOTC status | Standard British citizen requirements |
| EU Citizenship | Expired Dec 31, 2020 | Expired Dec 31, 2020 |
Frequently Asked Questions
Does holding a Gibraltar passport grant the automatic right to reside in Gibraltar?
No, holding a Gibraltar variant British passport does not provide an automatic right to reside in Gibraltar.
What is the difference between a BOTC passport and a British citizen passport?
The primary difference lies in the citizenship status they describe, which leads to different visa requirements for international travel.
Are Gibraltar passports biometric?
Yes, all passports issued in Gibraltar have been biometric since 2005.
What happened to the EU rights of Gibraltarian BOTCs?
They were considered EU citizens until the transition period ended on December 31, 2020, after which they ceased to be EU citizens.
Will the color of the Gibraltar passport change?
Yes, new Gibraltarian passports will be blue, similar to those of the UK, although the exact date of introduction has not been confirmed.