British passport (Gibraltar)

Gibraltar passport
The front cover of a Series C Gibraltar passport
Polycarbonate data page of all current Series C British passport variants
TypePassport
Issued byUnited Kingdom
—HM Passport Office (via the CRSO)
EligibilityBritish citizenship and/or British Overseas Territories citizenship connected to Gibraltar

The Gibraltar variant British passport[1][2] is a British passport issued to British Citizens and British Overseas Territory Citizens who work or live in Gibraltar. Having Gibraltarian status alone, without being resident in Gibraltar, is insufficient to obtain a Gibraltar Passport. Gibraltar passports are issued by the Passport Office of the Gibraltar Civil Status and Registration Office. Since 2005, passports issued in Gibraltar have been biometric.

The British Nationality Act 1981, made Gibraltarians British Overseas Territories citizens by default, and they could apply for registration as a British citizen ("an entitlement that cannot be refused") under section 5 of the Act until 2002. Despite not being British citizens prior to 2002 and hence having no automatic right of abode in the United Kingdom, all BOTCs connected to Gibraltar have enjoyed the right to live and work in the EEA countries (including the United Kingdom itself) since 1973 because of the territory’s accession to the European Community as territories of the United Kingdom, and their Gibraltar passports have borne observations to demonstrate such treaty rights.[3][4]

Under the British Overseas Territories Act 2002, all British Overseas Territories citizens (BOTC) have been British citizens since 21 May 2002. Therefore, a Gibraltarian may apply for either a passport describing them as a British citizen or a passport describing them as a BOTC. Holders of BOTC passports and holders of British citizen passports face different visa requirements.

Until 31 January 2020, Gibraltarians who opted for the BOTC passport were considered "UK nationals for EU purposes", making them full citizens of the European Union with all consequential rights and entitlements. Since the UK's withdrawal from the EU, Gibraltar is no longer part of the EU and Gibraltarian BOTCs ceased to be EU citizens, although they continued to enjoy the same rights in the EU during the transition period until 31 December 2020. On 31 December 2020, the governments of Spain and the UK announced a draft agreement on Gibraltar becoming part of the Schengen area.[5]

Similar to those of the UK, new Gibraltarian passports will be blue. However, the timescale for their introduction has not been confirmed.[6]

  1. ^ "NEW ARRANGEMENTS FOR ISSUING GIBRALTAR-VARIANT PASSPORTS" (PDF) (Press release). Gibraltar: HM Government of Gibraltar. 3 March 2015.
  2. ^ "Oct 24 - New Arrangements For Issuing Gibraltar Variant British Passpo". Your Gibraltar TV. 24 October 2014. Retrieved 2023-02-16.
  3. ^ REGULATION (EEC) No 1612/68 OF THE COUNCIL of 15 October 1968 on freedom of movement for workers within the Community
  4. ^ "Passport policy - Immigration and Right of Abode" (PDF). Her Majesty’s Passport Office. Retrieved 31 December 2020. A British Overseas Territories Citizen who has acquired the status by virtue of a connection with Gibraltar has the right of free movement within the European Union and the observation: "THE HOLDER IS DEFINED AS A UNITED KINGDOM NATIONAL FOR EC PURPOSES" should be entered in the passport. Applicants who have lesser connections with Gibraltar are given right of abode but do not have free movement rights within the European Union. So they can be distinguished from those who enjoy this privilege the observation: "THE HOLDER HAS THE RIGHT OF ABODE IN GIBRALTAR" should be entered in the passport.
  5. ^ Kassam, Ashifa; Boffey, Daniel (31 December 2020). "Spain and UK reach draft deal on post-Brexit status of Gibraltar". The Guardian. Retrieved 31 December 2020.
  6. ^ "Existing passports do not need to be replaced with new Blue British passports, until they expire, the Govt has told GBC". www.gbc.gi. Retrieved 2020-05-12.